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HomeMy WebLinkAboutMiscellaneous - 78 UNION STREET 4/30/2018 (2)Lai �'Jj b UbD1ls Ovar ap D Finding Q 400 Appliiestion flied on:Y ` o q O Hewing due on: Q Decision due on: ) P p I 3I Incomplete NAZBA Application Form Date: 7 `D�3 `y'A Time: Missing: _LOC ZBA 544 1 Date TOWN OF NORTH ANDOVER RECEIPT This certifies that.... D.P.Ao,'-s .............................................. haspaid�..isa.4�p ... �,��3 .... , a.jo!..o ... :vO.J6? fore.' Receivedby ... ................................................ Department......... 2h. -A ............................................................... WHITE: Applicant CANARY: Department PINK: Treasurer ZBA iF Date..? ...... TOWN OF NORTH ANDOVER RECEIPT This certifies that ... ........................................... has paid .4e.#, ..... I .. q."......A4 .. 'Piq 4w for - .?gq ...... <319 ..... ............ V..,00'5 ..... 0405 Received by ..... w,.... ............................................. Department ............. .. ?.-. ............................................................ I- I WHITE: Applicant CANARY: Department PINK: Treasurer w Town of Forth Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Gairrnan Ellen P. McIntyre, Vice-Chairrvan Richard 1. Byers, Esq. Clerk o`� QpH �yE (oseph D. I.aGxasse �r g ` °•6 0� Richard M. V aillancou.rt Associate Members Thomas D. Ippolito ro a '� s J Si Daniel S. Braese, Esq. �SSACFlA15E� Town Clerk Tune Surnp Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2008 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: 78-80 Union Street NAME: Paul Dubois, 75 Meadow Lane HEARING(S): August 12, 2008 for premises at: 78-80 Union Street PETITION: 2008-009 North Andover, MA 01845 TYPING DATE: August 15, 2007 ^ The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Fall top floor room, 120 Main Street, North Andover, MA on Tuesday, August 12, 2008 at 7:30 PM upon the application (A Pain , Dubois, 75 Meadow Lane, for premises at: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA requestht;v, a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming stricture by renovating the attic into a proposed 3rd dwelling unit on a pre-existing, non -conforming lot. Said premise affected As property with frontage on the South side of Union Street within the R-4 zoning district. Legal notices were sent to ala names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 28 & August 4, 2008. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Alber, P. Manzi, III, and Thomas D. Ippolito. Upon a motion by Ellen P. McIntyre and 2°d by Richard J. Byers, the Board voted to GRANT a Special Permit b°o:: s. Section 4, Paragraphs 4.122.14,C & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic ijew .. proposed 3rd dwelling unit on a pre-existing, non -conforming lot. Special Permit from Section 4, Pardgraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in ou.1-F tko extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3`d dwelling unit i:;: r pre-existing, non -conforming lot per: Site: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA 10845 ` , .. - Site Plan Title: ....j Board of Appeals Plan, 78/80 Union Street, North Andover, Massadh-i � sti5, _ By: Assessors Map 9 Parcel 39, prepared for Paul and Robin Dubois, 57 Sc cerud. Street, North Andover, Massachusetts Date (& Revised Dates): Aril 5, 2007, Revised Aril 9, 2007, Aril 11, 2007 Registered Professional David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Land Surveyor: Street, Building 20, Suite 2-64, North Andover, MA 01845 Sheet/Drawing: Sheet 1 of 1 Building Plan Title: Project/owner: Paul Dubois, 79-80 Union Street, North Andover, MA By: -1 Gregory P. Smith, #8688, Registered Architect, GSD Associates, LLC, 148 1 Main St. Bldg. A, North Andover, MA 01845 Date: 05-06-2008 Sheet/Drawing: Floor Plans A 1.1 & Elevations A 1.2 i Page 1 of 2 1600 Osgood St., Bldg 20 - Suite 2-36. North Andover, TNA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - iv-\vw.toxvnofnorthandover.com l Albert P. Manzi III, Esq, Chairman Ellen P. McIntyre, Lire -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Town of North .Andover ZONING BOARD OF APPEALS Town Clerk. Time S*amp Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The Board finds that the applicant has satisfied the provisions of Section 4, Paragraph 4.122.14.0 & D, Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the zoning bylaw and that the granting of this Special Permit for a third dwelling unit in the third floor attic of 78-80 Union Street (Map 9, Parcel 39) may be granted. The Board fi,~ids that 78-80 Union Street is an appropriate location for the conversion of an attic to a third dwelling unit. The Residential 4 (R4) zoning district allows second, third, fourth and fifth units with a Special Permit and Union Streit has other three-family dwelling units and this use, as developed, will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because there is prmision for six (6) off-street parking spaces and adequate and appropriate facilities will be provided for the proper operation of the: proposed use since the existing structure is on Town water and sewer. The Board finds that the renovation of the thilr�'t floor attic into a third dwelling unit is in harmony with the general purpose and intent of this Bylaw and this erterzsion of a pre-existing, non -conforming structure shall not be substantially more detrimental than the existing st€-acturc to th'- neighborhood. Note: I. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permitas requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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 bz re-established only after notice, and a new hearing. r r ---- Alb t. P. Manzi, III, E ., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Member Thomas D. Ippolito Decision 2008-009. M9P39. 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - �,vx;-,�,,�.to�nofnorthandover.com Albert F. Minxi q Esq. Ciro rmr FAA P. Mcingm, Vix<Adi w^ Ridemd j. Byers, Esq. CJA Joseph D. LaGr me David R. Webster Audda4 b%n k" Thomas D.1ppoL'w Rkbasd M. va3maan;t Daniel S. B:aese, Esq. Town of North Andover ZONING BOARD OFAPPEA;*C iuE() 1 V iy F 2008 JUL 24 PH 2: o8 HOIRTI r. . 'Town eie� Time stae�p Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 12'' of August, 2008 at 7;30 PM to all parties interested in the application of Paul Dubois 75 Meadow Lane for premises at: 78.80 Union Street (Map 9, Parcel 39), North Andover, MA requesting a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.D, Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3`d dwelling unit on a pro -existing, non -conforming lot. Said premise affected is property with frontage on the South side of Union Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8.30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle -Tribune on July 28 & August 4, 2008. Legalnotice 2008-009. M9P39. -.'T T2gzp8W mvooa°��'om�•vA»vcn�yo>>�aooyj'�3m(wpf�.vi�ow�lo3(»1�iNj 1" v m wa8,<9'cn�98,wa N novo =-00 3= �m'vm,amiomw D�° =mow m p!R>aK --0...--0(' ==W0 ZMmo°vm,����?�mo�==W0 o Kr D m o a m 5 .m N 3 0ID �� OD (.j OM°>>70f0��CD �(OmO fD �w O-(O�(pmjp�j7AA(n(p j•�»r'dQ'_StCL Z') W (D m �A(°w0 O'OpNyQ. �.C,w��3°w�»x'N7v(O��„C7..�DSU QI�C70.Nr, 4m10=W.°ypN�= '095 Fg (DC ad -1 A7 �S(yD(O °.N C 'µQS Ci NDN°'O C.� �m_Q��_ Aat 5....fQ Va.'y= �2 W ?�� m fAo m v ?y o o x•i n �<° �5� 0 n.�A24-0 woo Qdv o .DN�� �m �� Z -003- a. oc° ^'(u °'m mom �m�� mw °oA oi_'o0-omo0no°��>��cO wow_ HKc')m(i" wa 3= mo�Focnony—�w� H� ;w o$ocmi'oa(o�m 1 (p (O>- O NSD'�m� m�ma FCC 0),F:? (,no WA(O� DID Dm3 . N9)In ((D j,o sl,<ym A 1600 Osgood St.. Bldg 20 - Suite 2-36, North An&vet. MA 01845 Phone - 97&688-9541 Fax - 97&U&9542 Web - www.towno6or*u%dover.0= Y North Andover Zoning Board of Appeals Top Floor Meeting Room, Town Hall, 120 Main Street, North Andover, MA 01845 Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Bldg. 20, Suite 2-36 North Andover, Massachusetts 01845 Re: The application of DUBOIS, PAUL & ROBIN for a(n) Res. Special Permit to allow SP from 4.122.14. C&D for 3d unit in attic of 2 family dwelling & 9.2 for extension of use in a pre- existing non -forming structure on a pre-existing, non -conforming lot., dated July 23, 2008. Hearing No 2008-009-215 August 12, 2008 NORTH ANDOVER Zoning Board of Appeals, hereby certifies that the following is a detailed record of the board's proceedings and decision regarding the above captioned application regarding the property located at Map='009.0' and Block --'0039' which property is affected by this decision. The above captioned application requests a(n) Res. Special Permit from 4.122.14.0 of the North Andover Code to allow SP from 4.122.14. C&D for 3d unit in attic of 2 family dwelling & 9.2 for extension of use in a pre-existing non -forming structure on a pre-existing, non -conforming lot.. A True copy of the application is on file in the Office of the City Clerk. A notice of public hearing on this application, a true copy of which is on file in the office of the City Clerk was: 1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on ... and .... 2. Posted in a conspicuous place in the North Andover on ... which was at least days prior to the hearing; and 3. Mailed, postpaid on ..., which is at least days before the hearing, to the petitioner, abutters, owners of land directly opposite the property in question on any public or private street or way, abutters to abutters within required feet of the subject property, the planning boards of the abutting municipalities. The notice was mailed to the names and addresses shown on the most recent tax list provided by the assessors's office. The public hearing will be opened on August 12,2008 at ... at which time opportunity will be given to all those interested in being heard in favor or opposition to the application. Based on the evidence and testimony presented at the public hearing, the Board made the following findings that: GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc. Page 1 of 2 A 0 TOWN OF NORTH ANDOVER Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 10/24/2011 TEL#: NAME OF COMPLAINTANT: Sill Callahan - 617-748-6728 ADDRESS: 78 80 Union Street, North Andover, MA COMPLAINT TYPE: -, ^ Electrical: JF +� L� do z to Plumbing: Gas: Building: unsafe state of renovations Property Owner: Paul Dubois Address: 75 Meadow Lane, North Andover Other: See attached. ou'v • IS W d, s Pli A) Signed: �`%,� C '=Le - Complaint Form - Revised 61007 t"M- ( C—. 0 - ,S7 -*W Di9q$( -r- y7AIJ� I've lived next store to the building at 78-80 Union Street since the fall of 2007. It has been in a state of disrepair since that time. I've spoken to Mr. Dubois several times to see when the work would be completed and it hasn't changed. On both sides of the building, shingles are off and the covering has not been replaced. The scaffolding on the Marblehead street side of the building has been up for over a year. There are at least two children living in the building now and the scaffolding definitely poses a threat to their well-being. I don't understand how this building meets applicable building codes. 1 find it amazing that this owner received a variance to modify his property when apparently it has been in this condition for six or seven years (according to my neighbors.) This is my third complaint about the property and I have yet to hear back from anyone at the building department. I {= ! 6m =■ 41� . / . . .. \<\ � O N x 'I K d I I� n IIIIIIIIIIIiI�'. %d UY! 1 U/ 4CI11 C17. N ! Ol ! .71 Ol 1 V 1 GLG l HJ I LG Jur I WHMC TOWN OF NORTH ANDOVER Building De artment I 1600 Osgood Street J Building 2- Suite 2-36 Building Dept D ( S North Andover MA 01845 o tJ Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 04/15/2011 TEL#: NAME OF COMPLAINTANT. Bill Callahan - 617-833-2308 ADDRESS: 78-80 Union Street�",, ,, COMPLAINT TYPE; Electrical: Plumbing: Gas: Building: Scaffolding, on the blg for 5+ years Property Owner: Paul, Dubois - 978-557-1183 Address: 75 Meadow Ln.,N. Andover-• Other:This big has been an eyesore for years and never is finished. There has been scaffolding on the building for years, shingles are off and not replaced. At least three children regularly reside in the house and the scoffolding has to be a safety issue. I have � spoken repeatedly to Paul and he never finishes anything. Despite his poor track record, ZBA approved an extra apartment for the unit 3 years ago. Signed: vI N AW Ab� l Complaint Form - Rcvisod 6.2007 P wV N �� �` N RECEIPT Printed:10-15-2008 @ 14:38:44 Essex North Registry Robert F. Kelley Register Trans#: 129846 Oper:RICHARDB DUBOIS Book: PL Page: 16016 Ctl#: 211 Rec:10-15-2008 @ 2:38:17p DOC DESCRIPTION TRANS AMT 0201 Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Document Copy -Man 3.00 Total fees: 78.00 ------------------------------------- ------------------------------------- Book: 11345 Page: 230 Inst#: 26677 Ctl#: 212 Rec:10-15-2008 @ 2:38:17p NAND 78-80 UNION ST DOC DESCRIPTION TRANS AMT --------- --- ----------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 *** Total charges: 153.00 CHECK PM 1852 153.00 Bk 11345 P9230 -1"r-26677 10-15-2008 & 02=38P ABOVE FOR REGISTRYOFDEEDS USE ONLY " COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE GRANTOR 76 - 56 (lWfoAl 15�- ADDRESS OF PROPERTY GRANTEE A16 400 v� TYPE OF DOCUMENT CITY/TOWN MLC ASSIGNMENT DEED 6D TYPE MORTGAGE NOTICE TYPE DISCHARGE SUBORDINATION AFFIDAVIT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com Town of North Andover ZONING BOARD OF APPEALS 111u('rt 11. Manzi IIN,1-:sq. C;ba;rn�air Hlen P. McInivre, f%iee-(,-,hairPwn Richard 1. Bvcrs, Esq. Clerk;o� NORYH St�tO 6♦ Joseph 1). l.aGnsse Richard M. Vaillancourt O F rlrroriu/z.blzmbrcf * �` 11iomas 1.). Ippohto Daniel S. Braese, I;sq. y "°R,?eD •P Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2008 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 1"own Clerk Tune srsmp 40A, § 17 Property at: 78-80 Union Street NAME: Paul Dubois, 75 Meadow Lane HEARING(S): August 12, 2008 ADDRESS: for premises at: 78-80 Union Street PETITION: 2008-009 North Andover, MA 01845 TYPING DATE: August 15, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, August 12, 2008 at 7:30 PM upon the application of Paul Dubois, 75 Meadow Lane, for premises at: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA requesting a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3rd dwelling unit on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the South side of Union Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 28 & August 4, 2008. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. Upon a motion by Ellen P. McIntyre and 2nd by Richard J. Byers, the Board voted to GRANT a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3`d dwelling unit on a pre-existing, non -conforming lot. Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3rd dwelling unit on a pre-existing, non -conforming lot per: Site: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA 10845 Site Plan Title: Board of Appeals Plan, 78/80 Union Street, North Andover, Massachusetts, Assessors Map 9 Parcel 39, prepared for Paul and Robin Dubois, 57 Second Street, North Andover, Massachusetts Date (& Revised Dates): Aril 5, 2007, Revised April 9, 2007, April 11, 2007 Registered Professional Land Surveyor: David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 Sheet/Drawing: Sheet 1 of 1 Building Plan Title: Project/owner: Paul Dubois, 79-80 Union Street, North Andover, MA By: Gregory P. Smith, #8688, Registered Architect, GSD Associates, LLC, 148 Main St. Bldg. A, North Andover, MA 01845 Date: 05-06-2008 Sheet/Drawin : Floor Plans A 1.1 & Elevations A 1.2 Page 1 of 2 ATTEST: This is to certify that twenty (20) days A True Co have elapsed from date of decision. file COPY I riU() (),,good St.. Bldg, 20 - Suite 2-36, NoTih Andover_ MA O184i ' p �rEthout filing of an a p a'•. O � v Phone - 978-ti88-95.11 Flax - 978-t,88-9ti42 Web - \vwm; tuNw101northalldmer-com Date Town Cleric T04Yfi �Ig rad ha - Albert. P. Nfanzi Il[, Esq. Chairman Ealen P. Mchttvre, [ ere-Chrirman Richard,]. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. V;iillancouri Assacia,'r Afembers `111011ias D. Ippolito Daniel S. Breese, Esq. Town of North Andover ZONING BOARD OF APPEALS o m t i 1* */ -I'own (.Acrk I nne Stamp Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The Board finds that the applicant has satisfied the provisions of Section 4, Paragraph 4.122.14.0 & D, Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the zoning bylaw and that the granting of this Special Permit for a third dwelling unit in the third floor attic of 78-80 Union Street (Map 9, Parcel 39) may be granted. The Board finds that 78-80 Union Street is an appropriate location for the conversion of an attic to a third dwelling unit. The Residential 4 (R-4) zoning district allows second, third, fourth and fifth units with a Special Permit and Union Street has other three-family dwelling units and this use, as developed, will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because there is provision for six (6) off-street parking spaces and adequate and appropriate facilities will be provided for the proper operation of the proposed use since the existing structure is on Town water and sewer. The Board finds that the renovation of the third floor attic into a third dwelling unit is in harmony with the general purpose and intent of this Bylaw and this extension of a pre-existing, non -conforming structure shall not be substantially more detrimental than the existing structure to the neighborhood. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building p-rn-it as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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. Albert P. Manzi, I11, Esq', Chairman .E41en P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Member Thomas D. Ippolito Decision 2008-009. M9P39. 1600 Osgood St.. I iklo 20 - Suite '-3C;, Norifi Andover. %4A ()184- Phone - 978-bR8-'?541 Fax - 979-088-1)542 Web - kvyn kti.tox� nofi-wrthandm cr.um1 TOWN OF NORTH ANDOVER Office of the Building Department ,�? •�'.� ��'\ Community Development and Services 400 Osgood Street « North Andover, Massachusetts 01845.y' June 20 2008 Paul & Robin Dubois 75 Meadow Lane North Andover MA 01845 Re: 78 Union Street Dear Mr. Dubois: Telephone(978)688-9545 FAX (978) 688-9542 Please be advised that due to a complaint submitted by the police department to this office an investigation was made at your residence at 78 Union Street. It is determined that this is no longer a legal 2 family due to the addition of a P floor unit without proper permitting. -780 CMR 110.1 It is unlawful to construct, reconstruct, after, repair, a building or structure; or to change the use or occupancy without written application. 780 CMR 118.0 Violations s 118.4 Violation Penalties: Whoever violates any provision of 780 CMR shall punishable by a fine of not more than $1000 per day for each such violation. Your Failure to fully comply with this Notice of Violation letter will result in my filing an application for criminal complaint against you in District Court with possible fines of $1000 (sec.10.13) for each day during which violation continues to exist. Ample time has been given to address the issues stated. To date, no formal action has been by taken by you to correct these violations. Please contact the building about these issues and violations. Sincerely Yours, '10 6? /Sxdwn Gerald Brown Inspector of Buildings Cc: Brian Loathe Richard Stanley, Chief of Police William Martineau, Fire Chief Thomas Donovan, Police Department N m X m m y m v m C2 y C � O � O n Z CA r = • r n � � o d� CO) a� o v CD CDCL O c CD Ma CS C O V�• y o to CD I � v y O CD CD Zo o CD 0 CCD C 0 0 O 0 M m ccl 0 C CL m CD d 0 0 CO)CL 'O m C ?= ..y O Q N coca m y ® 0 m C) yoa= 3, =r=N �= KO H TI =r Q, •W L = m C m CA C/: �mm: a om c : � � opo; 0 z5.c O H C9 AA @ a H o Mcm CL o ?s: m CO H CL om CD y aC C N :v CLQ :d �CCD y .1 O H cn C/) o w 1 � H o Cc a � O . x ?r m R PO o aGc o z °= o n arc x r� b 0 =Sq�:a: p 7y aha• x o a o. G1 0 C CD o A W HCD m „d:. ate. n� Cp ;1 o = o ea a oN-� cn p C/) o w ?? m o Cc a y x ?r W PO o aGc n b z °= o n arc x r� b 0 � �= p 7y aha• x o a o. G1 0 C CD o A W 10 4 i M 0 z 0 w 0 cL vmo � 3 2 m T 2 O i O V co ao O c z z N m m 4 M O 0 S ci C. 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Lr -oo m o NO rCE 0 a 0� o � CD v o M Ma Fj gym° �c 3 m o •• ?• cn 00 co0 0 0 rb o N V O CO i c A W z z cn CL CD CL 0 :Edna m CD CDv D o ° m -n N N 7 CD CD v Cn CDD U) ^'mop^ (7 E (D ( (D (DCD d W r cn (D 0 N�noo W o0 CO CO 0 CO N N O o 040 W W Bk 11345 P9230 #26677 10-15-2008 a 02=38P ABOVE FOR REGISTRY OF DEEDS USE ONLY ' COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE Alo2rN ANQev45W /1Aq1_ baA016 GRANTOR GRANTEE 76 ` 56 Omoq 5� ek4 441ev voe_ ADDRESS OF PROPERTY CITY/TOWN TYPE OF DOCUMENT MLC DEED MORTGAGE DISCHARGE AFFIDAVIT DEC OF HOMESTEAD DEC OF TRUST ►� OTHER 1�eC-i 51041 DESCRIBE E Q -I,- J7- � N E p NUV 5 - dud BOARD OF APPEALS ASSIGNMENT TYPE 6D NOTICE TYPE SUBORDINATION CERT TYPE UCC TYPE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com r0 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Cbairman r".11en P. N•icIntyre, I- ire-Ckairmmn Richard J. B*vers, Esq. Clerk joseph D. LaGrasse Richard -l. Vaillancourt fissnriate .11embers Thomas D. Ippolito Daniel S. Braese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Notice of Decision Year 2008 n S.7 L! 7 �` � ' '` • 1 I L Town (;lerk Tune Stamp 40A, § 17 Property at: 78-80 Union Street NAME: Paul Dubois, 75 Meadow Lane HEARING(S): August 12, 2008 ADDRESS: for premises at: 78-80 Union Street PETITION: 2008-009 North Andover, MA 01845 TYPING DATE: August 15, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, August 12, 2008 at 7:30 PM upon the application of Paul Dubois, 75 Meadow Lane, for premises at: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA requesting a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed P dwelling unit on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the South side of Union Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 28 & August 4, 2008. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. Upon a motion by Ellen P, McIntyre and 2"d by Richard J. Byers, the Board voted to GRANT a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3rd dwelling unit on a pre-existing, non -conforming lot. Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed P dwelling unit on a pre-existing, non -conforming lot per: Site: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA 10845 Site Plan Title: Board of Appeals Plan, 78/80 Union Street, North Andover, Massachusetts, Assessors Map 9 Parcel 39, prepared for Paul and Robin Dubois, 57 Second Street, North Andover, Massachusetts Date (& Revised Dates): Aril 5, 2007, Revised Aril 9, 2007, Aril 11, 2007 Registered Professional Land Surveyor: David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 Sheet/Drawing: Sheet 1 of 1 Building Plan Title: Project/owner: Paul Dubois, 79-80 Union Street, North Andover, MA By: Gregory P. Smith, 48688, Registered Architect, GSD Associates, LLC, 148 Main St. Bldg. A, North Andover, MA 01845 Date: 05-06-2008 Sheet/Drawing: Floor Plans A 1.1 & Elevations A 1.2 ATTEST: A True Copy c CX tri Town Clerk Page 1 of 2 This is to certify that twenty (20) days have elapsed from date of decifio fil- ' 1600 Osgood St.. Bldg 20 -Suite 2-36, North Andover; MA ('1184 ivithout filing of an a pet3 . Phone - 978-698-9541 Fax - 978-698-9542 Web - wim.tv��nofnorthandover com Date fir" ' deyse A. rad ha flown 0lofk Albert. P. Manzi III, Esq. C bairmax Ellen P. McIntyre, 17re-Cb irman Richard j. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Assoniale .11emlxrs ']Nomas D. Ippolito Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS 40 Town Clerk Tune Stamp Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The Board finds that the applicant has satisfied the provisions of Section 4, Paragraph 4.122.14.0 & D, Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the zoning bylaw and that the granting of this Special Permit for a third dwelling unit in the third floor attic of 78-80 Union Street (Map 9, Parcel 39) may be granted. The Board finds that 78-80 Union Street is an appropriate location for the conversion of an attic to a third dwelling unit. The Residential 4 (R4) zoning district allows second, third, fourth and fifth units with a Special Permit and Union Street has other three-family dwelling units and this use, as developed, will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because there is provision for six (6) off-street parking spaces and adequate and appropriate facilities will be provided for the proper operation of the proposed use since the existing structure is on Town water and sewer. The Board finds that the renovation of the third floor attic into a third dwelling unit is in harmony with the general purpose and intent of this Bylaw and this extension of a pre-existing, non -conforming stricture shall not be substantially more detrimental than the existing structure to the neighborhood. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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. Albert P. Manzi, III, Esq', Chairman Ldien P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Member Thomas D. Ippolito Decision 2008-009, M9P39. 1600 Osgood St.- Bldg 20 - Suite 2-36; North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - �i-\a.2,.to«imtiun•thandover.com 0000 1 0 11 Q r r 1 0000 0 ii 4 m '-" ¢ rr+ i C) LO CD r) 1 Oct n r Q C, Cn 1 N t[) i t cr ii (DD Cl)O Q = Ml ZQ 1 it N •• a 00 U N (Y I I u N D it • • F- F— I ® IIOb II N 11 C 00 Go I1 H O II O ��� ) L.O O COO 11 N 11 O I H O O I N O I CO LO 00 II C`� LO F- 11 N WNLLL .. _ u I Ulf) 0+' ••O O i O (f6 N 11 •• OHC!? Z G 4) --1 Lcr- N rl H I N i N ii i-IC) F- -4 < W i >1 v-- u m Q C O. N O .. (A cr Q 00 d 0) ix H I a 1 a W -- Q �� I- 11 N O) —i U I U LL -0 O (6 a LC') O C n Q 00 G N W N CL .-r N 1 W 1 L U +1 N S O O II Cl) N I u +, -4 .-/ 0 I - M U U+1 1— II —1 —1 00 C CV- L W 0) C II e --I N r u. u �0 mco O- U I¢ LO (6 0 it OZ C IL O m U �p i a U) 10 d u'0+1 ¢ < 3' Bk 11345 Ps 230 "2667 7 100--1.5-2008 a 02:38P ABOVE FOR REGISTRY OF DEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE /l�o2rN AN,00V"W 2ovl,o'� GRANTOR GRANTEE —78 ` 56 (144pej 6�— Alo Aloo t�Cle— ADDRESS OF PROPERTY CITY/TOWN �Hi-,NNS NUG 5 - [UUU BOARD OF APPEALS TYPE OF DOCUMENT MLC ASSIGNMENT DEED 6D TYPE MORTGAGE NOTICE DISCHARGE TYPE SUBORDINATION AFFIDAVIT DEC OF HOMESTEAD DEC OF TRUST OTHER I�CG1,510A-/ DESCRIBE CERT TYPE UCC TYPE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.Iawrencedeeds.com z C=) g7?� Albert 1). Manzi 111, Esq. Chairman 1.".11e" P. McIntyre, G ice-Guirman 16ch;ml 1. Byers, Esq. C,Yerk Joseph D. LaGrasse Richard \4. Vaillancourt I r,(&iate Alemberr 111101Ias D. Ippolito Daniel S. Braese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Town of North Andover ZONING BOARD OF APPEALS V ��4tD 14. 4 ` 6•e H Notice of Decision Year 2008 'I own Clerk Time Stamp 40A, § 17 Property at: 78-80 Union Street NAME: Paul Dubois, 75 Meadow Lane HEARING(S): August 12, 2008 ADDRESS: for premises at: 78-80 Union Street PETITION: 2008-009 North Andover, MA 01845 TYPING DATE: August 15, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, August 12, 2008 at 7:30 PM upon the application of Paul Dubois, 75 Meadow Lane, for premises at: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA requesting a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3`d dwelling unit on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the South side of Union Street within the R4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 28 & August 4, 2008. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. Upon a motion by Ellen P. McIntyre and 2nd by Richard J. Byers, the Board voted to GRANT a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed Yd dwelling unit on a pre-existing, non -conforming lot. Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3'd dwelling unit on a pre-existing, non -conforming lot per: Site: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA 10845 Site Plan Title: Board of Appeals Plan, 78/80 Union Street, North Andover, Massachusetts, Assessors Map 9 Parcel 39, prepared for Paul and Robin Dubois, 57 Second Street, North Andover, Massachusetts Date (& Revised Dates): Aril 5, 2007, Revised April 9, 2007, Aril 11, 2007 Registered Professional Land Surveyor: David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 Sheet/Drawing: Sheet 1 of 1 Building Plan Title: Project/owner: Paul Dubois, 79-80 Union Street, North Andover, MA By: Gregory P. Smith, #8688, Registered Architect, GSD Associates, LLC, 148 Main St. Bld S. A, North Andover. MA 01845 Date: 05-06-2008 Sheet/Drawing: Floor Plans A 1.1 & Elevations A 1.2 c -n ,r-�q ATTEST: I A True Copy c ire Town Clerk --_- - I Page 1 of 2 This is to certify that twenty (20) days have elapsed from date of decision, fiin 1600 O>��ood St 131dv 20 - Suite 1-36, North A11dovc 1. ti1f1 G I t> ljlyi�out filing of an �C:l �IPhone; - 9?8-6s8 9541 Iia - 978 688-9542 Web - wtinwtu��noliiortlt sndocer tam Date deyee A/ 'town 010 ,Albert P. NLmzi i]I, Esq. Chairman @Alen P. MCIIItvre, F 'ice -C'l..�arrman Richard J. Byers, Esq. C/erk Joseph D. LaGrasse Richard Al. V aill4mourt -Assnriate .idemberc lgiomas D. Ippohio Daniel S. Brae.se, Esq. Town of North Andover ZONING BOARD OF APPEALS ti`s*`so ,a •ayO� lO 7! Inwii Clerk 'Ftine Sump Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Thomas D. Ippolito. The Board finds that the applicant has satisfied the provisions of Section 4, Paragraph 4.122.14.0 & D, Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the zoning bylaw and that the granting of this Special Permit for a third dwelling unit in the third floor attic of 78-80 Union Street (Map 9, Parcel 39) may be granted. The Board finds that 78-80 Union Street is an appropriate location for the conversion of an attic to a third dwelling unit. The Residential 4 (R-4) zoning district allows second, third, fourth and fifth units with a Special Permit and Union Street has other three-family dwelling units and this use, as developed, will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because there is provision for six (6) off-street parking spaces and adequate and appropriate facilities will be provided for the proper operation of the proposed use since the existing structure is on Town water and sewer. The Board finds that the renovation of the third floor attic into a third dwelling unit is in harmony with the general purpose and intent of this Bylaw and this extension of a pre-existing, non -conforming structure shall not be substantially more detrimental than the existing structure to the neighborhood. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested b the applicant does not necessarily ensure the blranltrrg of a building 1 l+ as *.he applicant mist abinde by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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. Albert P. Manzi, III, Esc(., Chairman Ellen P. McIntyre, Dice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Member Thomas D. Ippolito Decision 2008-009, M9P39. 1600 0,,Lj td St_. 1 Up 20 - Suite 2-36, Norih Andm cr, %IA 01 &+S I'hone - 978-088-9 41 Tax - 978-6880542 Web - �%Av�A.to��t�oPttiari.h<<irdo�er.cortt CL F- I OOOO 1 0 11 CL F (` f I 0000 I O If t\ m Q 1 r c i O U-) O Cl) 00If Q (b to I N LO I t✓ II to m V V ¢ Ml z 1 I if to Cl) I II N •- G m U N CC 1 I it N D Cl) a H H 1 11 ••00 F ® +�•+ N d L II N II C 00 11 H O �LDCtY ID ON 11 O N a)O ~OL ii O • N (DLO CDMLOI.- LIJ N LL u 04 rl M _ L U LO 0 +' m I •• O Z O I O m N it -.O= G - .-1 Z L. Cr N r1 H 1 N i N It N 11 O 1 - LU 1 1n 0) .. f- I I N 11 0) • • H I- CD X-C (D 16 Oa 1 4- n (a O z c CC ,--I N O Q 0- 4% H 1 ¢ W C A 11 M O= I- u c (1) I= "O m M J IX I U I a.Lu -^ Q U LL -0 0 f6 lX it LO O C N m LLI N CL to I L U +1 u c m G LLJ 1 4 2 0 O II M N I Lr rl C] I M U 0+1 F- If -4 " O C N L -F L m V-1CIS! n" 3G U) CL N � :mZ 0 O C_ 3 II it -L = C] f6 c0 .X 0— U I ¢ LO to O 11 0--z C LO 04- o I J 3 0 u .0-+1¢ < I- M m U m 1 Q- M lf') CLO -u m U'Z --C MO�TM O f tF� TOWN OF .NORTH ANDOVER /-� Z?NTNG BOARD OF APPEALS ME YGi kD 1, j 0 i`S nRPRA n A00=A I -'7 iz Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty 30 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 com0lete items that are underlines STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. 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 the Assessors Office to compile a certified list of Parties in Interest (abutters). STEPS: SUBMIT_ APPLICATION: Pfd 2� [:farlr 1 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. 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 petition, the Board shall decide on the matter by using the information it has received to date. 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. Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS of all the required information to the Town Cleric's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of firing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9545 rByilding Department 978-688-9566 Assessor's Office 711i hg Board of Appeals Office PAGE 1 of 4 JUL 2 3 [OUB I_ j BOARD OF APPEALS PAGE 2 OF 4 Date & Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT PI®ase complete all itenra 1`-10'below 1. Petitioner:: *Name, *Address and telephone number: *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: 3. Location of Property: a. Street:uo/a� Zoning District: b. Assessors: Vap Number Lot Number: 27 -c. Registry of Deeds: Book Number Page. Number: p 2 g �_ 4. Zoning Bylaw Sections under which the petitio for the Special Permit is made. 42- T22 C. � e • .♦ �� r ��,� ♦ e 4. iZ26 JLi l) ; e to X31 *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit req est: t C 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, section 9 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking N3L7SqaF Cov spaces %).2- % 613. Proposed Lot(s): Lot Area S S7 Open Space S� .11� Percent Lot C v r a �JL % Frontage Parking Feet o d2Spaces Floors Sq. feet C 33 3 1a D 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Z S oFtO Open Space Sq�. F��q Percent Lot C v r e Frontage Parking F%�Qo O Spaces 7A. Existing Building(s): Ground Floor Number of Total Square feet Floors Sq. feet C 33 3 1a D TB. Proposed Building(s): Minimum Lot Setback Fr Side t A Side.n3 Rear� Minimum Lot Setback , Front S� Si,e B ear Minimum Lot Setback Front Side A Side � � � �=© ��= Use of Number Building* of Units ** *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units <� ��f� 3 �� AA// � / *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled 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 a lira ' equirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoni o f his ppl' tion as incomplete. Sianature ( Z/)a�o 4 E. NJ l., ,r a +i It `l. 'i,✓� r l I r ..l r t r �,, +a i 4 r X> i:. ! i .-• u 4: .':•rr 1. ,, ..e ..,,; ..,��:,, .,�� h�i. l�..,;cl_� ?i,.u; �s:!I���, w .Sur, 4.l.a Jl: �I I,A � tw �'1��"�,.i+ r ju .ki �uiSlh SFt ,.�,<.r ..lA. ro.tJ xr d,; H:.,,. R�.. •4. �i a1 N,w: ?; .�.�?,at ., w.t�h*� F !;•A�:�r lren�u.4Jc�;+ itl.�. nu�.d}r+ .s�iJS.'F' ,:r;r. ri-��. ,t .RP�_...t',-u kt�,,.d.;.. 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 clearty identified and factually supported. All points, 1-6, are 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. S. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Boars! 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 construction/a 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: 1) five or more parking spaces, H) three (3) or more dwelling units, IDI) 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. *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 11=40' II) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. M Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: I) Site Orientation shall include: 1. north point 2. zoning district(t) 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. 111) Legend .& Graphic Aids shall include: 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 of record, and land surveyor. 7. Locus. 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 for the cost of first Gass, certified, return receipt ($5.21 as of May 2007) 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 41 ¢) 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. See 2005 Revised Fee Schedule. ®ID A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. ®® Zoning Bylaw Review Form ,1oaTN °` Town Of North Andover Building Department All;* 1600 Osgood Street, Building 20, Suite 2-36 �s North Andover, MA. 01845 ,SSACHUgt� Phone 978.688-9545 Fax 978-688-9542 Street: 78-80 Union Street Ma /Lot: 9/39 Applicant: Paul and Robin Dubois Request: Add 3ro dwelling unit to existing 2 -family, 3 story building Date: 6-2-08 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Remedy for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient X 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies 3 Preexisting frontage X 4 1 Insufficient Information 1 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbackscomply 1 Height Exceeds Maximum X 2 Front Insufficient X 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient X I Building Coverage 6 Preexisting setback(s) X 1 I Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 in Watershed d Sign NA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit B-4 Special Permit for 3 . Unit R-6 Density Special Permit B-4 Special Permit Pre-existing, Non- Conformin Watershed Special Permit Supply Additional Information 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 DENIAL. 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 her and incorporated herein by reference. The building department will retain all plans and documentation for the above le. You must file a new building permit application for begs the permitting process. 7 Building Department Offici6l Signature Appl cation eceived Applic tion D nied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Referred To: Fire Health Police X Zoning Board of Appeals Conservation B-4 A Special Permit from the Zoning Board of Appeals is required for the conversion of an existing 2 -family dwelling unit structure to a proposed 3 - family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.31 and 4.122.14.1) of this Bylaw." Historical Commission Other B-4 A Special Permit from 9.2 of the Zoning Bylaw is required for the change, extension, or enlargement of a pre-existing, non-conformingstructure is required from the Zoning Board of Appeals inorder to allow the proposed conversion of an attic in a 2 -family dwelling to a 3rd dwelling unit.. Note: The proposed 3 rddwelling unit shall require all 3 units to be sprinkled per North Andover Fire Department & Massachusetts building code. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 N Town of North Andover North Andover, Ma. 01845 To Whom it May Concern RE: Special Permit Written Documentation; 1. The particular use for the land of structure. We are requesting a variance on the right side, front and rear set -back dimensional requirement for the purpose of converting an existing 2 -family dwelling unit structure to a proposed 3 -family dwelling family unit structure. We have provided photos of the front setback of the structure showing that mostly all the structures in the area have very similar front setbacks. 2. The specific site is an appropriate location for such use, structure or condition. We are desirous of the conversion of an attic in a 2 -family dwelling to a Yd dwelling unit. Ample parking exists and there will be no earth removal and the exterior of the structure will not be altered. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. There will be no changes made to the exterior of the structure or to the site. All work will exist on the interior of the structure. Proper care and cleanup of site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. All utilities will be updated to building code. 5. The use is in harmony with the proposed and intent of the zoning by-law. It is our desire to be consistent with the North Andover Master Plan. We are trying to achieve compatibility with the established pattern of uses in the district, increase the supply of affordable housing and preserve existing structures. To show compatibility with the established pattern of uses in the district we are providing an attached district map showing all the neighboring 2 -family dwellings circled in blue and all 3 3 or more family dwellings in circled in green. We also own another 2 family dwelling in town and try to provide the most affordable housing with every modern convenience and updates. Every unit is furnished with its own washer and dryer hookups in the unit, dish washer and garbage disposal. All the kitchens and bathrooms have been remodeled. We currently rent to the families of two employees of the Town of North Andover highway department, one of who has been a tenant for 10+ years. We believe we provide the nicest most affordable housing in North Andover and if asked we are sure all our tenants will agree. We are preserving a part of history even though the structure is not registered on the National Register of Historic Places or the State Register. The structure is more than 100 years old at the time of this application and displays a part of North Andover History. 6. Specific reference and response to criteria required by the particular special permit for which this application is made. The specific criteria for this special permit being requested for the conversion of a pre- existing non -conforming structure from a 2 family dwelling to a 3 family dwelling is based on our appeal on hardship caused by the rising cost of living and the ability to provide affordable housing. With the income from a 3rd unit we will be able to keep our rental cost affordable for long time residents of North Andover. The structure was originally built to comply with 1900 zoning requirements and is compatible with the established pattern of uses in the district and achieves design compatibility with architectural features and exterior materials of surrounding structures. We are providing attached photos of another property we have restored as an example of what we hope to achieve with the conversion of the proposed structure. The issues we are trying to address are keeping affordable housing in town and preserving the beauty of North Andover, Sincerely Paul Dubois Town of North Andover ZONING BOARD OF APPEALS-: 1lhert P. \danzi III, F,sq. Olairman 1?llon 11..1-lchirvre, I-ice-Chairnwn �10RTF� Richard J. Byers, Esq. Clerk Of ���0 Lt1,�) Joseph D. 1.aGrasse 3? "• OL" 2 1 1 t, •J David R. \Nebstcr Fo p �Isso 4ileAlemberr •111onnas D. Ippolito Richard M. Vaillancoort =i9 ''+AT.0 D:wiel S. Braese, Esq. SS�CHUSEt Town (Jerk'Iane Stamp Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 12th of August, 2008 at 7:30 PM to all parties interested in the application of Paul Dubois 75 Meadow Lane for premises at: 78-80 Union Street (Map 9, Parcel 39), North Andover, MA requesting a Special Permit from Section 4, Paragraphs 4.122.14.0 & 4.122.14.1), Section 9, Paragraph 9.2, and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existing, non -conforming structure by renovating the attic into a proposed 3rd dwelling unit on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the South side of Union Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle -Tribune on July 28 & August 4, 2008. Legalnotice 2008-009. M9P39. 1600 Osgood St., Iildc 20 - Suite 2-36; North Andover, MA 01815 Phone - 978-688-9541 Fax - 978-688-95.32 Web - tc�x w.Iowxttinortli;;ttdot er.com SMI N F V 39 20 27 4 s a 127 R 44 28 O R 7 H A R O O V 0 K Z . 18 p SAY GROUN 4 i 7 A 29- 45 9s45 a— 750 F a 8 N U W •46 N 2 9 ( 16 47 U- 2 48 11 13 41 � 10 47 44 A. 48 2e f 49 Fjo 14 t slat 0.eee 4 40 91 ,555 11,700 50• , f STREET BALDWIN ST. r- �>m FEET - 1 91CF1 ' 12 13 t4 u leo � 0$-L14700 1 F 18 1 WPB 10 " 7 s.tsr. pIDD a tivo T 21.m R asA v 4ses 9F. I eXm ss. 12.tBe SF. R STREET Ln r 1;2 r M sr n ?3 22 1 21 20 1 19 18 16 15 c r " Am.aoe v 34 ,F O s SF 4,240 5,450 S 4.040 1 F3,870 4 r 6,285 SF 34 46 45 44 43 42 41 �. 85 45' 4NNIS MARBLEHEAD BEVERLY 57REFf SEE PIAT N0. 9 68 'or e 9EE PIAN /13 1.. I.F. WA is 55 IOPes sr. STREET 62 68 46 PR STP PRC STRI FRONT SETBACKS SAME AS NEIGHBORS 5° Is�or, I—J Lu I. ak vnp PROPOS �•� 4 f 1 `� J y ,�. STRUM ONION f OTHER RESTORED PROPERTY m ; OFF Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, Date 7/11/2008 Page 1 .ot 1 This certifies that the names appearing on the records of the Assessors � office as of H "t"- / Certified by: Date 111 ' abutters, owners of land directty oppositeon any public or private 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, not withstanding 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' Subject Property: MAP PARCEL Name Address 9 39 Paul Dubois 57 Second Street North Andover, MA 01845 Abutters Properties Map Parcel Name Address 9 1 Arthur McCue ft*q yv p-) 7,0 Marblehead Street Rear North Andover, MA 01845 9 6 Robert Gesing ,! L RUnion Street North Andover, MA 01845 9 7 �,Anet Bandle \j@ Union Street North Andover, MA 01845 9 21 ,rank Stewart VY15 Blue Ridge Road North Andover, MA 01845 9 23 ,frank Stewart iX6 Union Street North Andover, MA 01845 9 24 --tennis Dufresne LAS Union Street North Andover, MA 01845 9 25 \,frank Stewart „88-100 Marblehead Street North Andover, MA 01845 9 26 ✓Judith Gilligan Union Street North Andover, MA 01845 9 28 LAhn Mattheson79 Marblehead Street - JJ 0$ e-�K v� er� North Andover, MA 01845 9 29 1/GVarren Crossfield l�' Union Street North Andover, MA 01845 9 30 .�rancis Hayes VA- l Union Street North Andover, MA 01845 9 34 tXizzella Hernandez Union Street North Andover, MA 01845 9 35 Aalens Herold U 1/0 -P- X84 Beverly Street ' a, -0 g North Andover, MA 01845 9 36 v6ncetta Mikols Union Street North Andover, MA 01845 9 37 Edward Snell f V 6 Union Street " XI -OS North Andover, MA 01845 9 38 ,William Callahan 84 Union Street North Andover, MA 01845 9 40 v5aron Greene LXMarblehead Street North Andover, MA 01845 9 41 rank Stewart W,61 Marblehead Street North Andover, MA 01845 9 9 42 43 Otewart Realty Trust aymond Stewart r t � Ll ✓v .5 Blue Ridge Road 7.1 Silvermine Road G�- t q- (7 North Andover, MA 01845 Boxford, MA 01921 9 54-0090.OVVVayne Cush L8e Beverly Street North Andover, MA 01845 9 54-0092.0✓John Eisenhood ,,K Beverly Street North Andover, MA 01845 9 9 71 77-0001.OvChuong NDaniel Bergstroml Hoang . vo- \r V'-) �iYMarblehead Street 98 Beverly Street �� North Andover, MA 01845 North Andover, MA 01845 9 77-0002.0„ Sharlene BobekI 1 �86 Beverly Street North Andover, MA 01845 9 78 4haedra Caoette � CTk+t � Q d 87-89 Union Street 46 �b � 0 North Andover, MA 01845 8 27 L Richard McCubbin L WMarblehead Street North Andover, MA 01845 9 75 ✓Russell Manning v" Marblehead Street North Andover, MA 01845 Date 7/11/2008 Page 1 .ot 1 This certifies that the names appearing on the records of the Assessors � office as of H "t"- / Certified by: Date 111 ' MOWN �}O�. y1 k O ' f '' au. �` TOWN OF .NORTH ANDOVER t. n Z NTNG BOARD OF APPEALS ME �Ct k �D jo t`s , noF'CC nc AoQcer -> Q s7(') r Procedure & Requirements for an Application for a Special Permit 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 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 petitionerwill complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. 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: UST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: SPECIAL-7ECEIVEIS �,, PERMIT s 20H JUI� 24 N1 2:07 hIAS A r�1 .4,!..,-_.., 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. 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 petition, the Board shall decide on the matter by using the information it has received to date: 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. Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information 4o the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of firing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department e7rR-0C.A1�,1'J oning Board of Appeals Office � PAGE 1 of 4 JUL 2 3 ZOOd 130APD OP A por- 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 2 OF 4 Date & Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Phase cemnlefe atf.itet»�below 1. Petit'oner: *Name, *Address and telephone number: QK 1drs 9'�g *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: 3. Location of Property: a. Street:Utj,'t0'1'7-5t,-ee Zoning District: b. Assessors: Yap Number Lot Number: c. Registry of Deeds: Book Number 0 Page.Number: 02 F 4. Zoning Bylaw Section( s under which the petitio for the Special Permit is made. 2Z 4. 1 D.2. _ 14 1) -El /A *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit req est: � � C Seg- Ve d ✓L f A ,n !A ,., ((�/g./ LAA . 1A !n ! _ fA /"i /il t^l '14 L." (/ p ` U 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, section 9 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Ft. Sq. F . Cov F Spaces Front Side A Sidd3 Rear -�- 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback S . Ft. S C v r e Feet pa Fri ons S� Si ,e B Rear - S 57.�Z l—sem .�� ' 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback S . Ft. Sq. F C v r e Feet Spacgs Fr Rear © Side—Av �-f W `Zl 00 %� ` 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet C Building* of Units** 3 3331* v&.5 2 IJ; 2 *Reference Uses from the Zoning Bylaws & Table 1. *"State number of units in building. ?B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units lz _ 3 ---- *Reference Uses from the Zoning Bylaws & Table 1. "State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled 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 Cleric 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 a lira ' equirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zonin o f his ppltion as incomplete. Sianature / liU6a<< 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 dearly identified and factually supported. All points,/ -6, are 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. S. The use is in harmony with the purpose and intent of t Zoning Bylaw. S. Sufic 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 Cleric'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 construction/a 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: t) five or more parking spaces, 11) three (3) or more dwelling units, IM 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. *10. B. *Plan Specifications: n Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x1 7", preferred scale of 1 11=40' SPECIAL PERMIT In One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. IM Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning districts) 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. H) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined irl 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 of record, and land surveyor. 7. Locus. 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 for the cost of first class, certified, return receipt ($5.21 as of May 2007) 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 41 ¢) 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. See 2005 Revised Fee Schedule. ®® A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. ®® N°RTh Zoning Bylaw Review Form °',•° •�"° Town Of North Andover Building Department ` 1600 Osgood Street, Building 20, Suite 2-36 <4�, North Andover, MA. 01845 us Phone Phone 978-688-9545 Fax 978-688-9542 Street: 78-80 Union Street Ma /Lot: 9/39 Applicant: Paul and Robin Dubois Request: Add 3r dwelling unit to existing 2 -family, 3 story building Date: 6-2-08 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoninta District: R-4 Remedv for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient X 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies 3 Preexisting frontage X 4 1 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 1 Preexisting CBA X 5 Insufficient Information 4 1 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum X 2 Front Insufficient X 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient X I Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign NA 3 Lot prior to 10/24/94 1 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 in District review required 1 More Parking Required 2 Not in district X 2 Parking Complies I X 3 1 Insufficient Information Remedv for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit B_4 Special Permit for 3 NU. Unit R -s Density Special Permit B-4 Special Permit Pre-existing, Non- Conformin Watershed Special Permit I Supply Additional Information 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 DENIAL. 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 her and incorporated herein by reference. The building department will retain all plans and documentation for the abovee. You must fife a new building permit applicationforma d begi the permitting process. Buifd'ing Departmentfficiat Signature Application Received Applic tion D vied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Referred To: Fire F ��+ Police X Zoning Board of Appeals B-4 A Special Permit from the Zoning Board of Appeals is required for the conversion of an existing 2 -family dwelling unit structure to a proposed 3 - family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.31 and 4.122.14.D of this Bylaw."' Planning Historical Commission B-4 A Special Permit from 9.2 of the Zoning Bylaw is required for the change, extension, or enlargement of a pre-existing, non-conformingstructure is required from the Zoning Board of Appeals inorder to allow the proposed conversion of an attic in a 2 -family dwelling to a 3`d dwelling unit.. Note: The proposed 3` dwelling unit shall require all 3 units to be sprinkled er North Andover Fire Department & Massachusetts building code. Referred To: Fire Health Police X Zoning Board of Appeals JK Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT GonmgBylawllema12UW Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) 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 oppositeon any public or private 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, not withstanding 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." Subiect Property: MAP PARCEL Name Address 9 39 Paul Dubois 57 Second Street North Andover, MA 01845 Abutters Properties Map Parcel Name Address 9 1 Arthur McCue 70 Marblehead Street Rear North Andover, MA 01845 9 6 Robert Gesing 61 Union Street North Andover, MA 01845 9 7 Janet Bandle 69 Union Street North Andover, MA 01845 9 21 Frank Stewart 115 Blue Ridge Road North Andover, MA 01845 9 23 Frank Stewart 56 Union Street North Andover, MA 01845 9 24 Dennis Dufresne 66 Union Street North Andover, MA 01845 9 25 Frank Stewart 98-100 Marblehead Street North Andover, MA 01845 9 26 Judith Gilligan 68 Union Street North Andover, MA 01845 9 28 John Mattheson 79 Marblehead Street North Andover, MA 01845 9 29 Warren Crossfield 93 Union Street North Andover, MA 01845 9 30 Francis Hayes 101 Union Street North Andover, MA 01845 9 34 Kizzella Hernandez 100 Union Street North Andover, MA 01845 9 35 Kalens Herold 84 Beverly Street North Andover, MA 01845 9 36 Concetta Mikols 92 Union Street North Andover, MA 01845 9 37 Edward Snell 86 Union Street North Andover, MA 01845 9 38 William Callahan 84 Union Street North Andover, MA 01845 9 40 Aaron Greene 91 Marblehead Street North Andover, MA 01845 9 41 Frank Stewart 10.1 Marblehead Street North Andover, MA 01845 9 42 Stewart Realty Trust 115 Blue Ridge Road North Andover, MA 01845 9 43 Raymond Stewart 71 Silvermine Road Boxford, MA 01921 9 54-0090.0 Wayne Cush 90 Beverly Street North Andover, MA 01845 9 54-0092.0 John Eisenhood 92 Beverly Street North Andover, MA 01845 9 71 Daniel Bergstrom 71 Marblehead Street North Andover, MA 01845 9 77-0001.0 Chuong Hoang 98 Beverly Street North Andover, MA 01845 9 77-0002.0 Charlene Bobek 98B Beverly Street North Andover, MA 01845 9 78 Phaedra Caoette 87-89 Union Street North Andover, MA 01845 8 27 Richard McCubbin 17 Marblehead Street North Andover, MA 01845 9 75 Russell Manning 68 Marblehead Street North Andover, MA 01845 Date 7/11/2008 Page 1 of This certifies that the names appearing on the records of the Assessors Office as of Certified by: Date -711t 1 d �r Town of North Andover North Andover, Ma. 01845 To Whom it May Concern RE: Special Permit Written Documentation; 1. The particular use for the land of structure. We are requesting a variance on the right side, front and rear set -back dimensional requirement for the purpose of converting an existing 2 -family dwelling unit structure to a proposed 3 -family dwelling family unit structure. We have provided photos of the front setback of the structure showing that mostly all the structures in the area have very similar front setbacks. 2. The specific site is an appropriate location for such use, structure or condition. We are desirous of the conversion of an attic in a 2 -family dwelling to a 3rd dwelling unit. Ample parking exists and there will be no earth removal and the exterior of the structure will not be altered. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. There will be no changes made to the exterior of the structure or to the site. All work will exist on the interior of the structure. Proper care and cleanup of site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. All utilities will be updated to building code. 5. The use is in harmony with the proposed and intent of the zoning by-law. It is our desire to be consistent with the North Andover Master Plan. We are trying to achieve compatibility with the established pattern of uses in the district, increase the supply of affordable housing and preserve existing structures. To show compatibility with the established pattern of uses in the district we are providing an attached district map showing all the neighboring 2 -family dwellings circled in blue and all 3 or more family dwellings in circled in green. We also own another 2 family dwelling in town and try to provide the most affordable housing with every modern convenience and updates. Every unit is furnished with its own washer and dryer hookups in the unit, dish washer and garbage disposal. All the kitchens and bathrooms have been remodeled. We currently rent to the families of two employees of the Town of North Andover highway department, one of who has been a tenant for 10+ years. We believe we provide the nicest most affordable housing in North Andover and if asked we are sure all our tenants will agree. We are preserving a part of history even though the structure is not registered on the National Register of Historic Places or the State Register. The structure is more than 100 years old at the time of this application and displays a part of North Andover History. 6. Specific reference and response to criteria required by the particular special permit for which this application is made. The specific criteria for this special permit being requested for the conversion of a pre- existing non -conforming structure from a 2 family dwelling to a 3 family dwelling is based on our appeal on hardship caused by the rising cost of living and the ability to provide affordable housing. With the income from a 3rd unit we will be able to keep our rental cost affordable for long time residents of North Andover. The structure was originally built to comply with 1900 zoning requirements and is compatible with the established pattern of uses in the district and achieves design compatibility with architectural features and exterior materials of surrounding structures. We are providing attached photos of another property we have restored as an example of what we hope to achieve with the conversion of the proposed structure. The issues we are trying to address are keeping affordable housing in town and preserving the beauty of North Andover. Sincerely Paul Dubois 19 A 1 J 20 27 Y � 5 v � » p G Y E R 44 2$ 18 0 P�pYGPG�No ♦ z 7 4 7 6 is r 29-7� 8 N W W •46 w Z m 9 a 16 u 47 z As 11 �' 10 13 47 4s 44 p" p ! 11 4 49 50 14 I 3 y� atw wtw .t ai .565 11,700 so• / STREET BALDWIN ST. �wT 4.240 F5.4W Sl MlllbW 4.040 1 — � — eo � a+cff 4 12 13Cg14 44 43 42 41 ST �. y , �,pft• fmo � i J 8 �./ 11 foays 10 7 ltd+, fpym w fA10 w T7R w i..DO a 4� >if. typ20 Si. ll,*W IF, n v ?3 1 22 so ltao w 34 u STREET BEVERLY S1. SF 4.240 F5.4W Sl MlllbW 4.040 1 F3,A870 6,485 SF 34 46 45 44 43 42 41 ST �. ANNIS 0.77D mss. MARBLEHEAD BEVERLY 51REET SEE PIAT NO. e 46 PR STP PRO STRI FRONT SETBACKS SAME AS NEIGHBORS FRONT SETBACKS SAME AS NEIGHBORS D M QED URE OTHER RESTORED PROPERTY 1�