HomeMy WebLinkAboutMiscellaneous - 76 GREENE STREET 4/30/2018 (2)1 v r�r� 0i p O NJ Mac tiCJgV�r�J- C4r;SF+44 cif at rkmItdeaar.�Lr � - o - die am S �, -0 4� -76 C�� Me 2 UD oo? V� �2, 9 a-5 bete -III 1p'N �e D 0 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk Notice of Decision Year 2004 Property at: 76 Greene Street Telephone (978) 688-9541 Fax(978)688-9542 NAME: David A. & Christina M. Logan HEARING(S): March 9 & May 13, 2004 ADDRESS: 76 Greene Street PETITION: 2004-007 North Andover, MA 01845 TYPING:DATE: 05-17-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday, May 13, 2004 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, MA upon the application of David A. & Christina M. Logan, 76 Greene Street, North Andover, requesting a Variance from Section 7, Paragraph 7.3 & Table 2 for the rear setback; and a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure by constructing a proposed 1 story addition for kitchen, 1/2 bath, and breakfast nook on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the East side of Greene Street within the R-4 zoning district. The legal notice was published in the Eagle Tribune on February 23 & March 1, 2004. The following members were present: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. Upon a motion by Joseph D. LaGrasse and 2°d by Richard J. Byers, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback of 17' in order to construct a proposed 1 story addition for kitchen, ''/z bath, and breakfast nook; and GRANT a Special Permit from Section 9, Paragraph 9.2 in order to extend a pre-existing structure. on a pre-existing, non- conforming lot per Plot Plan of Land, location 76 Greene Street, North Andover, MA prepared for David A. & Christina M. Logan, date: October 22, 2003 by Frank S. Giles II, PLS #49793, Scott L. Giles, Frank S. Giles Surveying, 50 Deermeadow Road, North Andover, MA 01845. Voting in favor: Walter F. Soule, Ellen P. McIntyre, Joseph D. LaGrasse, Joe E. Smith, and Richard J. Byers. The Board finds that the applicant's agreement to run the proposed drain pipe (dotted line) from the left front corm of the existing house to the Greene Street catch basin satisfies the provisions Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 . Building 978-688-9545 Conservation 978-6,88-9530 Health 978-688-9540 Planning 978-688-9535 - LJ a_- -G <� _.r ~Board ol�ypeals 978-688-9541 N Pagel of 2 . Building 978-688-9545 Conservation 978-6,88-9530 Health 978-688-9540 Planning 978-688-9535 r / Town of North Andover Of NORTH , Office of the Zoning Board of Appeals o Community Development and Services Division « i 27 Charles Street " ,r North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax(978)688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals Page 2 of 2 Walter F. Soule, Vice Chairman Decision 2004-007. M43P25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 S� - UJ V,. C`i N _ c� :v Town of North Andover Board of Appeals Page 2 of 2 Walter F. Soule, Vice Chairman Decision 2004-007. M43P25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division i 27 Charles Street North Andover, Massachusetts 01845 'SsAruil D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 9h of March, 2004 at 7:30 PM to all parties interested in the appeal of David A. & Christina M. Logan, 76 Greene Street, requesting a Variance from Section 7, Paragraph 7.3 & Table 2 for the right side setback; and a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure by constructing a proposed l story addition for kitchen, '/2 bath, and breakfast nook on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the East side of Greene Street within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on February 23 & March 1, 2004. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r , - UJ - - - Legalnotice 2004-007. M43P25. m o -I 0 1 1@ s om µ.s -E.< mo0o.� oad p NUU Sj � Li0Ero �3:TQ >, X.�o�'o x_ovmmmoco 3m w m�'o a� A m D' IM `-11 I.ra _ ,.- - ai 0 amw�pOty—fD eco �w�m wovZOZ �smoc,m�w3wm�<Mw oma m o>Or-� ID m N j a �. -' i y= W w. �' �c U w cn roc N CD -{ is V Cg @ .Ln5-0 Z:- y ID Vy o a} m9�-'. r�:07 �. - `po coy Dm p>oct�] cDNA .°'C'D _ a31 c�.T w W .coN.. mDi �;. Za'< p=007N> z ��o oemR,5 MCDE08.0O9 t� 6 I�scn m wsuc�o om �owao�co�ivm� <0 a (p�Q<m.� 3< D<oZmoQ� Ni^.�IJ3IDIrj � � m wo 0 o m� v w �3 a c o o m ?'CL e 1�m Qo o3���m°emsµ C.w.wU)m � <rMm o�'a°9m°om5°wmst���rnR05'K0 3°?5'O=N �f Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 e ZBA 188 Date.)L TOWN OF NORTH ANDOVER RECEIPT This certifies that &VI, .............................................. 00 has paid.'...l oo,..dP ..... ck ...... ......... ;Lb *'*"-. . forr ±.S..P .......... .7./v .... Cr- Y -f x�nc ...... �- f� .......Va Received by .... 70.1...411, 7 ................................................... Department...... ................................................................... . WHITE: Applicant CANARY: Department PINK: Treasurer ,4 - 5 !Y!/ 0 L/ to Ll ty- 77 191 YL '77. 71- LC a*o Y- 00 7 MA* R - D 8 .2004 BOARD OF APPEALS -76 6--,(,e or e (, � & f e.e�►,e. S�, Vv\ �� p xf L IL r-2 Gp- ('u tv-7 tj L -r c -h -- a*o Y- 00 7 MA* R - D 8 .2004 BOARD OF APPEALS -76 6--,(,e or e (, � & f e.e�►,e. S�, Vv\ �� p xf I I ON rl Apr 13 04 01:15p NORTH ANDOVER 9786889542 P-3 Town of _North Andover Office of the Zoning Board of Appeals Community Development and Secc►ices Division ' tips 4t� 37 ClWit Skirt tet �.c. Nc)rth Andover, �1iTS%a, hus��lLti U;a S 1 rhph;mt• (yi'�1 m+-9541 D. Robert Nicetta Fax(u } f s8.934'_' lfuiicliu,, c'un►pr;ssiur+cr --------------- ;-----------Date------ TO: Town of North Andover Zoning Board of Appe 37 Charles Street North Andover MAO' S45 is for the North Please be advised that I have agreed to waive the time co ��g of a to make a decision regarding w o Andover Zoning Board of App�� a _4 -< �oc-)7C y *r*itr Variance �' �rD.t S cial Permit'rn o M. C) X.cn o Comprehensive Permit (40B) x FindingCil' for property located at: STREET: PARCEL MAP: ti TOWN: e TO MEETING DATES) NAME OF PETITIONER= a signed:—a' ative) Petitioner (or itioner s represent .+ t3uitJ;n�97x-68',1 545 C�xWxati.m`J?x(.Vk-)`l(b i:.Ml:h`7'�a\�•'I Town of North Andover "..Office of 'the Zoning Board of Appeals Conununity Development And Services Division Development 27 Charles Street North Andover, Massachusetts 018.45 D. Robert Nicetta, Building Commissioner Date. TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Telephone (978) 688-9541 Fax (978)68879542 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding.the granting of a ariance Special Permi Compre ensive, Permit (40B Finding for property located at: U STREET:. % rT-Ye- .,,eeri— Sh(!e4 TOWN: AJt)fiav" TO MEETING DATE(S): NAME OF PETITIONER: &,,Vi',� 6r;,sI %'vv?,,' � o 01Y) Signed: Petitioner (or petitioner's representative) VAs- WAIVER m Board of eats 978- 615MLAg-9496 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 BOARD OF APPE ALS Lj BOARD j`LALS IV David and Joanne DiResta 10 Woodbridge Road North Andover, MA 01845 978-725-8238 March 8, 2004 William J. Sullivan, Chairman Office of the Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Legal Notice 2004-007. David & Christian Logan, 76 Greene Street, North Andover, MA Dear Mr. Sullivan: This letter is in response to the appeal from David & Christian Logan requesting a Variance and a Special Permit to build an addition to their premise on 76 Green Street. As shown on the enclosed photos marked number 1 and 2, we own and occupy the property that is directly behind and abutting the east side of the Logan's property at 10 Woodbridge Road. After a careful review of the plans, although we do not in general oppose the Logan's appeal to add an addition to their property, we do have two areas of concern and offer a couple of recommendations. Water Run Off Presently the back of the Logan's property, which is the side boarder of our property, receives a substantial amount of run off water from the roof of their garage and house. (See photos numbered 3 thru 5). The roof of their garage is constructed in such a way that the majority of the water runs off the back of the roof and into the direction of our property. Unfortunately the garage is just a few feet from the property line and the water lands on our property and consequently the ground is saturated_ with water. In addition to the water from the roof of the garage, the water running off of the back section of the house is just 14 feet from the property line and works its way down the Logan's descending yard and into the same area of our property. And there is also a sump pump exiting from the Logan's basement that pumps more water into this same area. We are concerned that the addition to the house will compound the problem by increasing the volume of water in this area. We recommend that a drainage system be installed that will carry the run off water directly to the catch basin on Greene Street. Because of the lengthy distance to the catch basin and the large amount of leaves from nearby trees, we do not feel a simple gutter system will solve the problem. @F0W_E 0 MAS 9 - 2004 BOARD OF APPEALS Floor Area Ratio Our concern with the addition to the house is that it will decrease the amount of open space on the Logan's property and add to the problem of inefficient open area and lack of a sufficient backyard. The Logan's currently use the side of their yard on Woodbridge Road for many recreational activities. As depicted in photos number 6 and 7, this section of land is where a large wooden swing set center has been erected. This section of land is on the side of their home, however it abuts our front yard. We feel that the location of the swing set adversely affects the neighborhood. Because of the proximity to the street, the swing set is potentially dangerous to the children who use it and is a nuisance to the cars driving by. Also, it is reasonable to assume that the actual area the children occupy while playing extends well beyond the square footage of the swing set. One solution to the problem would be. to create a backyard area away from the street by moving the detached garage forward. Presently the Logan's two -car garage sits on the back of their property and there is enough parking for an additional four cars. We suggest that they move the garage forward in the direction of Greene Street. This will create a new backyard area and there will still be enough space to park two cars in the driveway and two cars in the garage. If this proposal is too costly we suggest the board carefully review our concerns and look for other solutions. Thank you for considering our suggestions. Sincerely David DiResta l���\� '• ` :. •+� i ytl.. . _ . '`rlIp.. 61LINISMdM,F. ' !Wa.y��d 5 1:4vM t 1 ����*� � ~ y *Id►KIK«� �'�0� `� '�� ' � '� rr OF wk go Y r 9r r r rr °11R1�ty`+. A.\ �..� 1 � A�w'• 3 KK �u4� c M .a w�M�"""`' ! 1x rj • �✓s�aQ��y�y fid" 't' !!°' dw�� ? r ��,. w.,.t'.i +..•�-«•, r+.�n �� a ;�'dMiWeir, ,SISI ?'r ,,. Ani.. i •Y k1 Ir rrfff•i IIa, II ,p< 1 ia.}.SY'gfjila Mi �h rc X"+➢t,µ d"� v..lr .:n I. N•. SK .d A°� d:l'�Y ri. 4uM l d '�a�+'4 t w r � V w l at'II:"'wu4aK �s ar^N \ � y �' ; 9,n a .d I '^"3��� . "' � �A'NI' '�I Nr1F t�' �S� I r � r •�' �" '; I r •"'`=.''va, 7►`�i arl �,l�r d' �id; '�` 'Y�° '*'�M{�"u�yrW"IIr4P k* 7 IN lCIO . 1 I I. r %4, aryrw s nr i a a � w �`�k��s'i'!%' �"' .,'n���, r fir• Mi 3 f ' _ F �M!�� d4 fie• j a +,�, Yy oo1V 19� �'+f~ !• trY+ f ��' jl1}'+,~/�,1+`�'/q�,� 1'« �:Sure't•�NwAr."My:�r,'f`�1.,�IM�,�i,; �rv,x. �twr�•,� tr�� S'0,«1�.'¢� r I 1.., rip pw-'+i"V^'i"u �""3 �'-•r.-:�. �' "�17 ". FAX 4 i d '•'�. : J �' 3 t` � X11 k I, Y � •" 'I i �'F'yl 7��a{��pr: � r +v Yr M, r P l y, F 1• I['y^pl�p...•-+0. r Clu 1!otA7� +r ti •gid. - k, .• �r ` "�.`.. xY'�;,6t'� t t:yNd A �, r' r Ih� ��-V *�• < r Ir4 r d � w9''MFf�u Na; p ' . e +• 1 Y ll"'y�A' qy 1 r 'u,+, o" ER �n rD '. p law i' jy M 'f Hp3h� n i )+1rrc arl T • /�. 14 � Nryy :� f7 Z401'af s II d W • �j� •�kwwr: a.:y I, � a � I {{ '7dyIIIW�' y C.Lo David and Joanne DiRes, 10 Woodbridge Road G D ! p North Andover, MA 018 978-725-8238 3 - March 8, 2004 William J. Sullivan, Chairman Office of the Zoning Board of Appeals Town of North Andover 27 Charles Street --- North Andover, MA 01845 RE: Legal Notice 2004-007. David & Christian Logan, 76 Greene Street, North Andover, MA Dear Mr. Sullivan: This letter is in response to the appeal from David & Christian Logan requesting a Variance and a Special Permit to build an addition to their premise on 76 Green Street. As shown on the enclosed photos marked number 1 and 2, we own and occupy the property that is directly behind and abutting the east side of the Logan's property at 10 Woodbridge Road. After a careful review of the plans, although we do not in general oppose the Logan's appeal to add an addition to their property, we do have two areas of concern and offer a couple of recommendations. Water Run Off Presently the back of the Logan's property, which is the side boarder of our property, receives a substantial amount of run off water from the roof of their garage and house. (See photos numbered 3 thru 5). The roof of their garage is constructed in such a way that the majority of the water runs off the back of the roof and into the direction of our property. Unfortunately the garage is just a few feet from the property line and the water lands on our property and consequently the ground is saturated with water. In addition to the water from the roof of the garage, the water running off of the back section of the house is just 14 feet from the property line and works its way down the Logan's descending yard and into the same area of our property. And there is also a sump pump exiting from the Logan's basement that pumps more water into this same area. We are concerned that the addition to the house will compound the problem by increasing the volume of water in this area. We recommend that a drainage system be installed that will carry the run off water directly to the catch basin on Greene Street. Because of the lengthy distance to the catch basin and the large amount of leaves from nearby trees, we do not feel a simple gutter system will solve the problem. MAR 9 - 2004 BOARD OF APPEALS VA David and Joanne DiResta 10 Woodbridge Road North Andover, MA 01845 978-725-8238 March 8, 2004 William J. Sullivan, Chairman Office of the Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Legal Notice 2004-007. David & Christian Logan, 76 Greene Street, North Andover, MA Dear Mr. Sullivan: This letter is in response to the appeal from David & Christian Logan requesting a Variance and a Special Permit to build an addition to their premise on 76 Green Street. As shown on the enclosed photos marked number 1 and 2, we own and occupy the property that is directly behind and abutting the east side of the Logan's property at 10 Woodbridge Road. After a careful review of the plans, although we do not in general oppose the Logan's appeal to add an addition to their property, we do have two areas of concern and offer a couple of recommendations. Water Run Off Presently the back of the Logan's property, which is the side boarder of our property, receives a substantial amount of run off water from the roof of their garage and house. (See photos numbered 3 thru 5). The roof of their garage is constructed in such a way that the majority of the water runs off the back of the roof and into the direction of our property. Unfortunately the garage is just a few feet from the property line and the water lands on our property and consequently the ground is saturated with water. In addition to the water from the roof of the garage, the water running off of the back section of the house is just 14 feet from the property line and works its way down the Logan's descending yard and into the same area of our property. And there is also a sump pump exiting from the Logan's basement that pumps more water into this same area. We are concerned that the addition to the house will compound the problem by increasing the volume of water in this area. We recommend that a drainage system be installed that will carry the run off water directly to the catch basin on Greene Street. Because of the lengthy distance to the catch basin and the large amount of leaves from nearby trees, we do not feel a simple gutter system will solve the problem. �ICE0W-C 0 MAR 9 - 2004 BOARD OF APPEALS Vn David and Joanne DiResta 10 Woodbridge Road North Andover, MA 01845 978-725-8238 March 8, 2004 William J. Sullivan, Chairman Office of the Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: Legal Notice 2004-007. David & Christian Logan, 76 Greene Street, North Andover, MA Dear Mr. Sullivan: This letter is in response to the appeal from David & Christian Logan requesting a Variance and a Special Permit to build an addition to their premise on 76 Green Street. As shown on the enclosed photos marked number 1 and 2, we own and occupy the property that is directly behind and abutting the west side of the Logan's property at 10 Woodbridge Road. Ager a careful review of the plans, although we do not in general oppose the Logan's appeal to add an addition to their property, we do have two areas of concern and offer a couple of recommendations. Water Run Ofd' Presently the back of the Logan's property, which is the side boarder of our property, receives a substantial amount of run off water from the roof of their garage and house. (See photos numbered 3 thru 5). The roof of their garage is constructed in such a way that the majority of the water runs off the back of the roof and into the direction of our property. Unfortunately the garage is just a few feet from the property line and the water lands on our property and consequently the ground is saturated with water. In addition to the water from the roof of the garage, the water running off of the back section of the house is just 14 feet from the property line and works its way down the Logan's descending yard and into the same area of our property. And there is also a sump pump exiting from the Logan's basement that pumps more water into this same area. We are concerned that the addition to the house will compound the problem by increasing the volume of water in this area. We recommend that a drainage system be installed that will carry the run off water directly to the catch basin on Greene Street. Because of the lengthy distance to the catch basin and the large amount of leaves from nearby trees, we do T)tge a simple gutter system will solve the problem. MSR a - 2004 D BOARD OF APPEALS `0 P ---7-F-7 T : 1 f r. r a ` r. frtTlir aria af• ' x. �j �, � :: c- :� ^r .d ` f_ A���q ��� ���� G �- ��ell � �-� �? �- ..�" via — ,�� `�. � GJ'f: � � i ", -, - �� ` �/ }•. f � ♦ M C= ♦� (. � r�} � � �� �t� t�� Fe-%, c"i �� �\ �� �� ,� � � t �f i C.''�� � r � - . U ✓ C.- i .• G c� � ��y G c'%T L J \ N | \- � �/ � J \ N �, , lCy E 1., CJ ��, n �''� L/ � L+'/ � r� V 3s- 1�•� z, �F ; ♦ � of � � C4 F t�r _ �►�,1�y � zea ,'� '���`I/yq�� �/�/ _ � `::yU. r .�...._ _. _. ,rsx...� -�i1QT •+r_ z_.a _ _ ..yam _4i.�.r ='�: 4' 411. wt tT 21 I y�r 1 t fi �t i 4031 LE r !'l; ilr G�Mriralc�--a �` i swl-Aw f�rn Sn m Floor Area Ratio Our concern with the addition to the house is that it will decrease the amount of open space on the Logan's property and add to the problem of inefficient open area and lack of a sufficient backyard. The Logan's currently use the side of their yard on Woodbridge Road for many recreational activities. As depicted in photos number 6 and 7, this section of land is where a large wooden swing set center has been erected. This section of land is on the side of their home, however it abuts our front yard. We feel that the location of the swing set adversely affects the neighborhood. Because of the proximity to the street, the swing set is potentially dangerous to the children who use it and is a nuisance to the cars driving by. Also, it is reasonable to assume that the actual area the children occupy while playing extends well beyond the square footage of the swing set. One solution to the problem would be to create a backyard area away from the street by moving the detached garage forward. Presently the Logan's two -car garage sits on the back of the property line and there is enough parking for an additional four cars. We suggest that they move the garage forward in the direction of Greene Street. This will create a new backyard area and there will still be enough space to park two cars in the driveway and two cars in the garage. If this proposal is too costly I suggest the board carefully review our concerns and look for other solutions. Thank you for considering our suggestions. Sincerely David DiResta Joanne DiResta 1 Floor Area Ratio Our concern with the addition to the house is that it will decrease the amount of open space on the Logan's property and add to the problem of inefficient open area and lack of a sufficient backyard. The Logan's currently use the side of their yard on Woodbridge Road for many recreational activities. As depicted in photos number 6 and 7, this section of land is where a large wooden swing set center has been erected. This section of land is on the side of their home, however it abuts our front yard. We feel that the location of the swing set adversely affects the neighborhood. Because of the proximity to the street, the swing set is potentially dangerous to the children who use it and is a nuisance to the cars driving by. Also, it is reasonable to assume that the actual area the children occupy while playing extends well beyond the square footage of the swing set. One solution to the problem would be to create a backyard area away from the street by moving the detached garage forward. Presently the Logan's two -car garage sits on the back of their property and there is enough parking for an additional four cars. We suggest that they move the garage forward in the direction of Greene Street. This will create a new backyard area and there will still be enough space to park two cars in the driveway and two cars in the garage. If this proposal is too costly we suggest the board carefully review our concerns and look for other solutions. Thank you for considering our suggestions. Sincerely David DiResta TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS = r r NAME: i F ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the [Sll!!li!o.•-7ii•[•7�:u�:1.;•;rr•�:i7i,�Y.�ri:�•Iiil The information herein is an abstract of more spec requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as . required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary_ IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 BMMInVird artment 978 $, A f 9gof Appeals Office uu PAGE 1 of 4 F EB 12 2004 Bot �� OP APPEALS 2 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9:. DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported_ Each point, A -F individually, is required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions., shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the pubic good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new constructioniconversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' Il) One (1) Mylar. IIl) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: Town of North Andover - #022-1760-4841" for the cost of first Gass, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutters list for the legal notice check Also, the applicant shall supply first Gass postage stamps (currently 37¢) x the # of parties of interest on the abutters list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. A rayue- vi+ Application for a VARIANCE 1. Petitioner: Name, address and telephone number: r16 C- �-4o 9 -T -i+ A m No v1%tz *The petitioner shall be entered on the legal notice MA 0I F3�fE the decision as entered above Zoning Board of Appeals a, srom m 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: A /*\ HRa WA- My enc al�� 47a��„I 16 STF-e Years Owned Land: _ W 3. Location of ProMf-EMe : a. Street: '16 S 1 . Zoning District b. Assessors: Map number 'k3 Lot Number. a c. Registry of Deeds: Book Number © Page Number Q5 g 4. Zoning Sections under which the petition for the Variance is made. SLE C_TI o ki -7. -7—A 64 F Q - *Refer to the Permit :Denial and Zoning By -Law Plan Review as supplied by the Bung Commissioner 5. Describe the Variance request JEA k- J E T- L l�) h, L i 7-I D ti o Slf_ M, 4ZH 7-7 Vim. 'The above description shagbe at used for the :purpose of the legal notice and decision. A more detailed descrip is required PQM to the Zoning Board Rules and Regulations as cited on page 4 of this application, Failure by the applicant to a decision thdoes not address the intent of the applicant. Tate decision wig be limited b the request des�e Me �st may resuft in additional items not included above PPS and wig not involve 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) -ot Area Open Space Percent Lot Frontage: Parking * X Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear NIA % iaa,3 tdlA i. tiles NIA WIA % PDbT kjoTE a TJX 6 U�� AL_ o f 1 o Kt N o i✓ Rq� A IJ ho VU-_ Zoiu t u t, G3I L_fvv Page 3 of 4 1/A i3I A AI0%r7 6. b. Existing Lot: Lot Area Open Space Sq. Ft. Sq. Ft. 'lam b Zoning Board of Appeals Percent Lot Coverage Frontage Feet Parking Spaces Front Minimum Lot set Back" Building" Soo a- / 1, o D Side A Side B Rear u--Ifl % /R -a.3 ) a-IAn 5,3,o a3 0 3,0 C. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 8,590 h % �_ �fl Frontage Parking Minimum Lot set Back " Feet Spaces Front Side A Side B Rear �fo,D Q3ao rano d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft. Coverage Feet Spaces la NI, N1A- % I ao.o T, a Existing Buildings: Minimum Lot set Back " Front Side A Side B Rear o '30, 0 Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" Soo a- / 1, o D 41q C) flkii (sem Wig -Reference Uses from the zoning By -Law. State rxxrnber of units in twn7ci►ng. b. Proposed .Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' 3L� i 310 RES l I\ -N /� A r 7-1 0 /V kr TZ�-1 iU l n �A Nlfl f,1A 'Reference uses from the Zoning By -Law. State mrriber of unit; in twit N. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this fpm which is the offml form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish all supporting doc unwAabon with this application. The dated copy of this application received by the Town Cleric or the Zoning Board of Appeals does not absolve the applicant from this r responsible for all expenses for fling and legal n0tifcabon. Failure to comply wfth applicationThe petitioner shall be ReguWiom may rest in a dismissal the Z �. as cited herein and in the Zoning Board Rules and �orurxl Board of this application as Vie. above name (s) here s�\Jlls Zoning Bylaw Review Form x Town OfNorth Andover Building De partment 27 Charles St. North Andover, , MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: _ -- --- ._. -- - -- - Ma /Lot: 3 a S S Applicant: qV (D 4-e r�IIau Renest: (!� Date: —03 _ Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning A Item Notes Lot Area Item Notes 1 Lot area Insufficient F Frontage 2 Lot Area Preexisting � e g 1 Fronta a Insufficient 3 Lot Area Complies 2 —i Frontage Complies 4 Insufficient Information Preexisting frontage g Use 4 Insufficient Information 1 Allowed 5 No access over Frontage 2 Not Allowed G Contiguous Building Area 3 Use Preexisting 1 Insufficient Area 4 Special Permit Required y S 2 3 Complies ,� ,e 5 Preexistin CBA 5 Insufficient Information C Setback 4 Insufficient Information 1 All setbacks comply H Building Height 2 Front Insufficient 1 Height Exceeds Maximum 3 Left Side Insufficient 2 Complies `t `e S 4 Right Side Insufficient ON A ,ou 3 4 Preexisting Height Insufficient Information 5 Rear Insufficient 6 Preexisting setbacks T e S i Building Coverage 7 Insufficient Information 1 coverage exceeds maximum D Watershed 2 overage Complies S 1 Not in Watershed 3 Coverage Preexisting 2 In Watershed 4 Insufficient Information 3 Lot prior to 10/24/94 J Sign 4 Zone to be Determined 1 Sign not allowed 5 Insufficient Information 2 Sign Complies E Historic District 3 Insufficient Information 1 in District review required K Parking N 2 Not in district e S 1 More Parking Required 3 Insufficient Information 2 Parking Complies 3 Insufficient Information -- 4 Pre-existin Parkin Remedy for the above is checked below. Item # Special Permits. Planning Board Item # Variance Site Plan Review S ecial Permit Access other than Fronts e S ectal Permit C— Setback Variance -.-Frontage Exception Lot Special Permit Parkin Variance, Common Drivewa S ectal Permit Lot Area Variance Con re ate Housin Special Permit Continuing Care Retirement Special Permit Hei ht Variance Variance for Si n Independent Elderl Housin S ectal Permit _ S ecial Permits Zonin Board Lar e Estate Condo S ectal Permit S ecial Permit Non-ConformingUse ZBA Planned Develo ment District Special Permit Earth Removal S ecial Permit ZBA Planned Residential special Permit S ectal Permit Use not Listed but Similar R-6 Density Special Permit S ecial Permit for Si n Special permit for preexisting Watershed Special Permit nonconforming The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and Incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. Building Department Official Signature /)-/ — - -) 3 Application Received Application Denied Plan Review .Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side; Fau 1 Q' TFi_jervation in ther Health Zoning Board Department of Pubiic Works Historical Commission Building Dana,+., —,- Town of North Andover North Andover, MA 01845 To Whom It May Concern, RE: Request for Variance A. The particular use proposed for the land or structure. We are requesting a variance on the rear set -back dimensional requirement for the purpose of building an addition to our home. The addition will be used as a kitchen, half bathroom and breakfast nook (one floor only). Our existing kitchen will become a family room. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. We are desirous of building an addition. Our land is wide and not very deep. It would be unrealistic to add onto either the Front (which faces Greene Street), the Rear (which is already closer to our neighbor than the zoning allows for), or Side B (as this space is furthest away from our kitchen and dining room). In order to build out towards our garage, leaving 40 feet to our neighbor in that direction (Side A), it affects our neighbor to the Rear, by being within the 30 feet required in R4. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Because of the way our house is situated on our lot, we have few options in trying to build an addition. Upon consulting an architect to come up with a plan for renovating our kitchen while adding a half bathroom and family room, this plan seemed most in keeping with the style of our home while still fitting in with our neighborhood and meeting our space requirements. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The addition we propose is in keeping with the original architecture of the house. Some homes in our neighborhood have added on. By adding a half bathroom and a new kitchen, our house will be improved to meet the growing neighborhood standards. Our proposed addition is on the North side. Our neighbor in that direction is over 40 feet away, well over the set -back requirements. Our homes are also separated by both of our driveways and detached two car garages. Our neighbor to the East should be minimally affected, as our properties are divided by a 6 foot fence and we are not attempting to build any closer to them than we already are. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning by- law. It is our understanding that the intent of the rear set -back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, our addition is not going any closer to our neighbors on the side we are seeking a variance from. Our current kitchen is 13 feet from our neighbors to the East, and our proposed addition will also be 13 feet from our neighbors to the East. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. Not applicable. Sincerely, Ne. �r — 0 1 I -r) YY). �'j David A. Logan Christina M. Logan Town of North Andover, Zoning Board of Appeals Parties of Interest/ Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PAR. NAME ADDRESS 4325 DAVID A CHRISTINE LOGAN 76 GREENE ST. N. ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 1x43 6 SMEDILE, JAMES S & ROSEMARY 65 GREENE ST. N. ANDOVER, MA 01845 L,,� 22 GAROFOLI NOMINEE P V & P B 15 BRADSTREET RD. N. ANDOVER, MA 01845 V4- Ji 23 WARCHOL, JOYCE A 9 BRADSTREET RD N. ANDOVER, MA 01845 ,7,743 24 ROMANO, ERNEST F & ANTOINETTA 64 GREENE ST N. ANDOVER, MA 01845 ,/'�?�43 26 DIRESTA, DAVID M 10 WOO BRIDGE RD N. ANDOVER, MA 01845 V43 28 ROHN, PHILIP W 18 WOODBRIDGE RD N. ANDOVER, MA 01845 ,F,�VVJ43 30 DANIEL F ELEANOR P CAHILL 11 WOODBRIDGE RD N. ANDOVER, MA 01845 31 COSTELLO, JOHN 88 GREENEST N. ANDOVER, MA 01845 21 RALLO; SALVATORE J & BETTY L 36 PARKER ST N. ANDOVER, MA 01845 14 LAFOND, PETER J & DIANE L 75 GREENE ST. N. ANDOVER, MA 01845 fp THIS INFORMATION WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE DATE: PAGE: cettifi 1 OF 1 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS ADDRESS OF APPEAL Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty (M days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Codes Administrator. STEP 2: SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form.. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street North Andover, MA 01845 978-688-9542 fax for Community Development offices 9789Md partment 97 ��Vning rd of Appeals Office FEB 1 2004 PAGE 1 of 4 BOARD OF APPEALS SPECIAL PERMIT CLEPK 11H4 FLE B� U: 4 1 f r10R7y 3� 0 `"t..D as o ,4 �9SSAC,iusEt� STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. If STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, 1-6 individually, is required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, 111) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. SPECIAL PERMIT *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' II) One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. Il) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 "x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► ► No. A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. 4 4 PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS ------------------ 1. Petitioner: Name, address and telephone number: A Y 1 A e akc� 1 t i S i 1 I� ,1 �-t . LP(� pt I•J gr1 �3 -- to b�- l `I a s 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership - N N o M A Q -Lo V C e, MA o f u Years Owned Land: 5- 3. Location of Property: a. Street: r1t, CREFS C- Zoning District R �i- b. Assessors: Map number �f 3 Lot Number a T c. Registry of Deeds: Book Number 6a 41) Page Number. a 5 8 4. By -Law Sections under which the petition for the Special Permit is made. SEC_T10AJ S t a -- * Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner_ 5. Describe the Special Permit request: �F� N A 2.1C_AT7 1/4f : ON R L- E 1 sTl U 6- No>+Li d o'1- A06 ST72y LTAt "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 6.a Existing Loi: Lot Area Open Space Percent Lot 44 (�-7 7qbT` Cov mge r6 0 Application fora SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS Frontage Parking * Minimum Lot set Back • Feet 3 Spa Front Side A Side B Rear a -7.O 5_ELO— 43.0i3D b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back • Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 6 q N�fl ��� 3 �. a 7 c. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Sq. Ft Sq. Ft Coverage Frontage Parking * Minimum Lot set Back " Feet Spaces � 1 �1A Front Side A Side B Rear % /oo.O a- 3n.0 �S�O 1S6 3�.0 7. a. Existing Buildings: Ground Floor Number of Total ! Square feet Fkoors Sq. feet ; Use of Number Building'of Units i g OO J-, I t. fs'U C1�7-7 q k i f L40 "Reference Use Code numbers and Uses from the Zoning By -Law- Stale number of units in building B. Proposed Buildings: Ground Floor Number of Total Square feet Floors Sq. feet Use of Number Building' 3 I 3 of Units ke S i L� F `T -i A L A L b 177O tij f Ail A _ ki ( A N � A 'Reference Use Code I -i nAj , `(-� 'BAT11, Ut-P, KF�NST- Nook, numbers and Uses from the Zoning Ordinance. State number of units ' m burkiing. 10 8. Petitioner and Landowner signature (s): Every application for a Special Pem* shah be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and R ulations may result in a dismissal by the Zoning Board of this application as incomplete. Sign ature c Av)� A. LDo-AO L44ISlIrJA M. LDITAO Zoning Bylaw Review Form Town Of North Andover B ,4.5.....�,« ullding Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: Ma /Lot: 3 w S A licant: (D 4-C nil, Re uest: �, �c _ �4'ttA " . Date: — �- Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning A Item Notes Lot Area Item Notes 1 Lot area Insufficient F Frontage 2 Lot Area Preexisting e s 1 Frontage Insufficient 3 Lot Area Complies 2 Frontage Complies 4 Insufficient Information 3 Preexisting frontage B use 4 Insufficient Information 1 Allowed 5 No access over Frontage 2 Not Allowed G Contiguous Building Area 3 Use Preexisting 1 Insufficient Area 4 5 S ecial Permit Required S Insufficient Information 2 3 Complies ,� s PreexistingCBA C Setback 4 Insufficient Information 1 All setbacks comply H Building Height 2 Front Insufficient 1 Height Exceeds Maximum 3 Left Side Insufficient 2 Complies 4 5 Right Side Insufficient oN A 1eU 3 4 PreexistN Height Insufficient Information Rear Insufficient 6 Preexisting setbacks 5 I Building Coverage 7 Insufficient Information 1 Covera a exceeds maximum D Watershed 2 Coverage Complies ' S 1 Not in Watershed 3 Coverage Preexisting 2 � � s In Watershed 4 Insufficient Information 3 Lot prior to 10/24/94 Sign � 4 Zone to be Determined 1 Sign not allowed 5 Insufficient Information 2 Si n Complies E Historic District 3 Insufficient Information 1 In District review required K parking N � 2 Not in district �eS 1 More. Parking Required 3 Insufficient Information 2 Parkin Com lies 3 Insufficient Information 4 Pre-existin Parkin ow. ve is cRS!�� its. Plard ew S eci 7NNI Item # Variance han FronPermit C— Setback Variance Front a a Exception Lot S ecial Permit Parkin Variance. Common Drivewa S ecial Permit Lot Area Variance Con re ate Housin S ecial Permit Continuing Care Retirement Special Hei ht Variance Variance for Si n Permit Inde endent Elderl Housin S ecial Permit S ecial Permits tonin Board Lar e Estate Condo S ecial Permit S ecial Permit Non-Conformin Use ZBA Planned Develo Ment District S ecial Permit Ea Removal S ecial Permit ZBA Planned Residential S ecial Permit ecialrth S Perm it Use not Listed but Similar R-6 Density Special Permit S ecial Permit for Si n �� Special permit for preexisting Watershed Special Permit nonconforming The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading Information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative, shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. Buildin"gD e —pa _r gu. e Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: —. 4W110%d V: Fire Police � — Conservation Plannin Other Zoning Board Department of PublicWorks Historical Commission Buildin Department Town of North Andover. North Andover, MA 01845 To Whom It May Concern, Re: Special Permit Written Documentation 1. The particular use proposed for the land or structure: We are requesting a variance on the rear set -back dimensional requirement for the purpose of building an addition to our home. The addition will be used as a kitchen, half bathroom and breakfast nook (one floor only). Our existing kitchen will become a family room. 2. The specific site is an appropriate location for such use, structure or condition. We are desirous of adding a more functional kitchen, located on the North side of our house, which falls within the definition of "Pre-existing non -conforming." Our present kitchen is fairly small, with four doorway openings, and very little workspace. It makes the most sense to add onto this side of our house, as it is closest to our garage, and it will least impact our neighbors. We also plan to add a half bathroom, as our home currently has just one full bathroom. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. This land is set back from the road, away from vehicles and pedestrians. Proper care and clean up of the site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. The proposed kitchen will take the place of the existing kitchen. A half bathroom will be added to better accommodate our family, but there should be little additional stress to the water or sewer system as no additional people will be using or living in this house as a result of the work to be done. 5. The use is in harmony with the purpose and intent of the zoning by-law. It is our understanding that the intent of the rear set -back requirement is to provide sufficient distance between dwellings in the zoning district. The relief we are seeking does not substantially denigrate or impose upon our neighbors, who border us on the East side. The part of our house currently facing those neighbors is thirteen feet from our lot line, so we are not seeking to go any closer to them. A six foot fence divides our property line near this location as well, so visual impact will be minimal. 6. Specific reference and response to the criteria required by the particular special permit for which this application is being made. The criteria for this special permit being requested for the extension of a pre-existing non -conforming structure is based upon our appeal on a hardship caused by living/space conditions. The house was originally built to comply with zoning requirements. Since the time of construction those set -back requirements have increased such that our existing kitchen falls within the 30 foot rear set -back requirement. l.) Built as a kitchen at the time of original construction in 1930, the current room is impractical as such, in that it has four doorway openings in the room, making appliance and cabinet layout difficult. We have less than 10 feet of cabinet and counter space, which provides very little storage and work space. 2.) Our home has only one bathroom, located on the second floor. The addition of a half bathroom is for convenience and added privacy. 3.) Since we bought our home five years ago, our children have grown to 13 and 8 years of age, necessitating our having a family room, which currently does not exist. The proposed addition of a more workable kitchen would allow the use of our current kitchen as a family room. We would like to address these three issues altogether by adding a new addition, to include a kitchen, half bathroom and breakfast nook. Sincerely, David A. Logan Christina M. Logan Town of North Andover, Zoning Board of Appeals Parties of Interest/ Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PAR. NAME ADDRESS 4325 DAVID A CHRISTINE LOGAN 76 GREENE ST. N. ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 43 6 SMEDILE, JAMES S & ROSEMARY 65 GREENE ST. N. ANDOVER, MA 01845 43 22 ' GAROFOLI NOMINEE P V & P B 15 BRADSTREET RD. N. ANDOVER, MA 01845 4323 WARCHOL, JOYCE A 9 BRADSTREET RD N. ANDOVER, MA 01845 4324 ROMANO, ERNEST F & ANTOINETTA 64 GREENE ST N. ANDOVER, MA 01845 4326 DIRESTA, DAVID M 10 WOO BRIDGE RD N. ANDOVER, MA 01845 4328 ROHN, PHILIP W 18 WOODBRIDGE RD N. ANDOVER, MA 01845 43 30 DANIEL F ELEANOR P CAHILL 11 WOODBRIDGE RD N. ANDOVER; MA 01845 43 31 COSTELLO, JOHN 88 GREENEST N. ANDOVER, MA 01845 33 2.1 RALLO, SALVATORE J & BETTY L 36 PARKER ST N. ANDOVER, MA 01845 32 14 LAFOND, PETER J & DIANE L 75 GREENE ST. N. ANDOVER, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE DATE: PAGE: 1 OF 1 Wlfi