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Date . 57-.) 5.7.0-3.
TOWN OF NORTH ANDOVER
RECEIPT
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WHITE: Applicant CANARY: Department PINK: Treasurer
• Town of North Andover
t,
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street i
North Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the. nffice of the Tnwn Clerk
Notice of Decision
Year 2003
Property at: for premises at: 78 Vest Way
NAME: Shaun & Sophie Milliken
HEARING(S): 6/10 & 7/8/03
ADDRESS: 78 Vest Way
PETITION: 2003-018
North Andover, MA 01845
TYPING DATE: 7/14/03
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, the 8h of
July, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of
Shaun & Sophie Milliken, 78 Vest Way, North Andover, requesting a dimensional Variance from Section
7, Paragraph 7.3 and Table 2 for right side setback of a proposed addition; and a Special Permit from
Section 9, Paragraph 9.2 in order to construct the proposed addition on a pre-existing dwelling on a pre-
existing, non -conforming lot. The said premise affected is property with frontage on the South side of Vest
Way within the R-1 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Robert P. Ford, Ellen
P. McIntyre, and George M. Earley.
Upon a motion by Walter F. Soule and 2°a by Robert P. Ford, the Board voted to GRANT a
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback of 5.5'
in order to construct the proposed addition; and a Special Permit from Section 9, Paragraph 9.2 in order to
construct the proposed addition onto a pre-existing dwelling on a pre-existing, non -conforming lot per
Variance Plan, 78 Vest Way, North Andover, MA Assessors Map 104B, Lot 170 prepared for Sean
Milliken, 78 Vest Way, North Andover, MA by James S. Franklin, P.L.S. #87046, New England
Engineering Services, 60 Beechwood Drive, North Andover, MA, date: May 14, 2003, and Milliken
Residence Addition, 78 Vest Way, North Andover, Mass., Robert Gould, Architect, 280 High Street,
Newburyport, Mass., Issue: 1/30/03 Project No: 200225, Sheets G-001, A-102-3, A-201-4, and A-301 on
the following condition:
1. The Plan of Land Mylar includes the ground to roof -peak elevations of the existing structure
and the approved addition.
Voting in favor: William J. Sullivan, Walter F. Soule, Robert P. Ford, Ellen P. McIntyre, and
George M. Earley. ,
The Board finds that the applicant has satisfied the provisions of 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, and satisfied the provisions of Section 9, Paragraph 9.2
of the Zoning Bylaw that such change, extension, or alteration shall not be substantially more detrimental
than the existing structure to the neighborhood.
Page 1 of 2
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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
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.
Decision 2003-018.
Page 2 of 2
Town of North Andover
Board of Appeals,
W '
William J. $ullivan, Chairman
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of forth Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street '
North Andover, Massachusetts 01845
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 I& of June 2003, at 7:30 PM to all parties interested in
the appeal of Shaun & Sophie Milliken, 78 Vest Way, North Andover, requesting a dimensional Variance
from Section 7, Paragraph 7.3 and Table 2 for right side setback of a proposed addition; and a Special
Permit from Section 9, Paragraph 9.2 in order to construct the proposed addition on a pre-existing dwelling
on a pre-existing, non -conforming lot.
The said premises affected are properties with frontage on the South side of Vest Way within the R l
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 J. Sullivan, Chairman
Published in the Eagle Tribune on May 26 & June 2; 2003.
Legalnotice 2003-018.
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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
Date �-/1A..I./03
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover MA 01845
Telephone (978) 688-9541
Fax (978) 688-9542
.
Please be advised that I have agreed to waive the time constraints for the Nogg
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance \
Special Pe
Comprehensive Permit (40B)
Finding
for property located at:
STREET: ,_/ -c-�' Ves
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Post-it'F Note 671
Date _
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Co.
Phone #
Phone #
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Fax #
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19-31!
Fax #
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TOWN: .. 14N0 c) j_Z
TO MEETING DATE(S): `Z � d 3
NAME OF PETITIONER:_ 46 C*ej D :J eg— jr '�-
Signed:
Petitioner (or petiti
R
JUN
Bq�rd gape 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
BARD OF APPALS
NEW ENGLAND ENGINEERING SERVICES
INC
May 29, 2003
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 78 Vest Way, North Andover
Special permit and variance application
Dear Mr. Chairman:
Enclosed are copies of the certified mail receipts for the abutter notification of the
hearing regarding the variance and special permit at the above referenced property.
Sincerely,
I-
BLj . Os Jr., EIT
President
D C, r
BOARD OF APPE4LS
f�1 JUN 3 - 2003 D
BOARD OF APPEALS
60 BEECHWOOD DRIVE -NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 -FAX (978) 685-1099
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
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. Items that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
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 item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978D-?8?5�5 tild Department
iAY 15 2003
BOARD OF APPEALS
VARIANCE
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/PARTY IN INTEREST FEE:
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
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws 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, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
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Page 2 of 4
Application for a VARIAN C E
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Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
Shaun and Sophie Milleken
78 Vest Way, North Andover, MA 01845 978-689-2953
'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:
Shaun and Sophie Milliken
78 Vest Way, North Andover, MA 01845 978-689-2953
Years Owned Land: 6 Years
3. Location of Property:
a. Street: 78 Vest Way Zoning District R-1
b. Assessors: Map number 104B Lot Number: 170
c. Registry of Deeds: Book Number 6257 Page Number: 47
4. Zoning Sections under which the petition for the Variance is made.
Table_2_ Summary of Dimensional Requirements
'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
Construction of an addition 24.5' from the side property line
*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. Failure by the applicant to clearly describe the request may result in
a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By -Law requirements:
Zoning By -Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Fron
A: 43, 107 na na % 24.57
B. %
Indicate the dimensions that will not meet current
Minimum Lot set Back *
Side A Side B Rear
5.5' —
44,013 na na % 150.43 2 72.8 32.9 36.5".233.7
c. 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
44,013
na
na %
150.53
2
72.8
32.9 24.5 233.7
o�
d.
Required Lot: (As required by Zoning
By -Law)
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
87,120
na
na %
175.00
2
30
30 30 30
7. a. Existing Buildings:
Ground Floor
Number of
Total
Use of
Square feet
Floors
Sq. feet
Building*
1784
2
3344
Residential Building
*Reference Uses from the Zoning By -Law. State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
2212 2 3772 Residential Dwelling
*Reference Uses from the Zoning By -Law. State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Variance shall 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 fumish 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
Regulations may result' a dismissal by the Zoniri@ Bc�a� of this application as incomplete.
,� i �
Type above name (s) here Shaun Milliken
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 of the North Andover Zoning By -Law all dimensional requirements
shall be clearly identified and factually supported and addressing
each of the following points individually is required 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 public 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 zoning
bylaw.
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.
10 A. Major Projects
Major projects are those which involve one of the following
whether existing or proposed: a) five or more parking
spaces, b) three or more dwelling units, and
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shall
require only the plan information as indicated with an
asterisks ("). In some cases further information may be
required
10 B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to exceed
11"x17", preferred scale of 1"=40'.
b) Plan prepared by a Registered Professional Engineer
and/or Land Surveyor, with a block for five (5) ZBA
signatures and date indicated on mylar.
VARIANCE
10 C. FEATURES TO BE INDICATED ON PLAN:
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings on adjacent properties within
50' from applicants proposed structure
7. deed restrictions, easements
B. 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/phone numbers of the
applicant, owner of record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans shall be required when the
application involves new construction/conversion/ and/or
a proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which includes a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by
certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
Applicant is to supply stamps (appropriate
current postage) for mailing of decisions to all
parties in interest as identified in MGLA ch. 40A,
sec. 11 as listed on the application. ZBA Secretary
will compute number of stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
A Variance once granted by the ZBA will lapse in
one (1) year if not exercised and a new petition must
be submitted.
HORTN
°`'s"'
98 V E ST w A
�•""
Zoning Bylaw Review Form
Applicant:
Town Of North Andover Building Department
�r �Qq..e ••x'`43
27 Charles St. North Andover, MA. 01845
Date:
Phone 978-688=9545 Fax 978-688-9542
Street:
98 V E ST w A
Ma /Lot:
I o H B I '1 o
Applicant:
Vvl�.11� [�ea
Request:
8'x 3 9' "/- oz 6
Date:
2.-a4 - aom 3
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning K -
Remedy for the above is checked below
Item # Special Permits Planning Board
Item
Notes
Site Plan Review Special Permit
Item
Notes
A
Lot Area
Parking Variance.
F
Frontage
Lot Area Variance
1
Lot area Insufficient
Height Variance
1
Frontage Insufficient
Variance for Sign
2
Lot Area Preexisting
s
2
Frontage Complies
Permit Non-ConformingUse ZBA
3
Lot Area Complies
Earth Removal Special Permit ZBA
3 .
Preexisting frontage
e. s
4
Insufficient Information
Special Permit for Sign
4
Insufficient Information
Special permit for preexisting
nonconforming
B-1
Use
5
No access over Frontage
1
I Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
H e.5
3
Preexisting CBA
e s
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
G S
4
Right Side Insufficient
`ie S
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
,V 14
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
.2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
`l e 5
4
Insufficient Information
2
In Watershed
J
Sign
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
1 Not in district
`-1 e. S
2
Parking Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-existingParking
Remedy for the above is checked below
Item # Special Permits Planning Board
Item #
Variance
Site Plan Review Special Permit
C -1-f
Setback Variance
Access other than Fronta e S ecial 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 ElderlyHousingSpecial Permit
Permit Non-ConformingUse ZBA
Lar a Estate Condo Special Permit
----Special
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special permit for preexisting
nonconforming
Watershed Special Permit
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.
15uilding Department Official SignakApplication 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:
/{�,t `y■y
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J 9 SEEM 5
V ecla Perwrr�/ �'v �^ a
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Zoning Board
dN- 'C VA.; rH,,� !�o ; 1VO
ValoVc,-
—planning
20,V/N / C /il o1 : Y
Other
Building Department
/
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A s"C L le-
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Referred To:
Fire
Health
Police
Zoning Board
Conservation
Department of Public Works
—planning
Historical Commission
Other
Building Department
NEW ENGLAND ENGINEERING SERVICES
INC
May 14, 2003
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 78 Vest Way, North Andover
Side Line Variance Application
Dear Mr. Chairman:
Please accept this letter as memorandum in support of the application by Shaun Milliken
for a special permit in order to construct an addition to the existing structure at 78 Vest
Way, North Andover
The proposed use of the addition to the home would be living space. Mr. Milliken
family is getting older and needs more room, specifically in the family living area. The
proposed addition would enlarge the family living area and provide a small office area for
computer equipment.
The lot that is presently 78 Vest Way was created and the house was constructed prior to
the property being rezoned as R-1. Previously the property was zoned R-2. The lot was
created and the house constructed in accordance with the rules and regulation for the R-2
zone. The expansion and continued use of the property at 78 Vest Way would in no way
be a detriment to, or unfit for, the neighborhood.
Sincerely,
Benjatfim C. Os Wd, Jr., EIT
President
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
7
i
Town of North Andover Conservation Department
Parties of Interest/ Abutters Listing
REQUIREMENT: "In accordance with the North Andover Wetland Protection
Bylaw, c. 178 of the Code .of North Andover, an applicant shall submit with a film tc
the Conservation Commission, a list of abutters within 300 feet of the property line
where work is proposed, certified by the Assessor within the prior 30 days from the
date of fling".
Applicant's property, list by map, parcel, name and address (please print clearly and use
black ink.)
MAP PARCEL NAME ADDRESS
(a -I 4 17 o 62 r
ABUTTERS PROPERTIES
MAP PARCEL
10116
ICA
f
NAME
ADDRESS
Ifeu
CAll
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THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY
THE ASSESSORS OFFICE BY:
SI
Certified b p a3
Board
n
orth Andover
DATE
PAGE
OF
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
PROCEDURE
and REQUIREMENTS
for FILING an APPLICATION for
a SPECIAL PERMIT
Ten (10) copies of the following information must
be submitted thirty (30) days not later than noon
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. Items that
are underlined will be completed by the Town.
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: 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 item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
SPECIAL PERMIT
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/PARTY IN INTEREST FEE:
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
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws 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, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
y �on
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CDrnorn
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rn�s
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1=
IMPORTANT PHONE NUMBERS:
978-688-9501 Town Clerk's Office PAY D
2
978-688-9545 Building Department 03
978-688-9541 Zoning Board of Appeals Office BQqIN- OF APPEALS
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:
Shaun and Sophie Milliken
78 Vest Way, North Andover, MA 01845 978-689-2953
"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:
Shaun and Sophie Milliken
78 Vest Way, North Andover, MA 01845 978-689-2953
Years Owned Land: 6 Years
3. Location of Property:
a. Street: 78 Vest Way Zoning District R-1
b. Assessors: Map number 104E Lot Number: 170
c. Registry of Deeds: Book Number 6257 Page Number: 47
4. By -Law Sections under which the petition for the Special Permit is made.
9 section 9.2
*Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
Allow construction of an,.additon on a pre existing non conforming structure with
a pre existing structure
"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
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
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
44,013 na na % 150.43 2 72.8 32.9 36.5 233.7
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
44,013 na na % 150.43 2 72.8 32.9 24.5 233.7
c. Required Lot: (As required by Zoning By -Law)
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
87,120 na na % 175.00 2 30 30 30 30
7. a. Existing Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units
1784 2 2344 Residential Dwelling 1
*Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building.
B. Proposed Buildings:
Ground Floor
Number of
Total
Use of
Number
Square feet
Floors
Sq. feet
Building*
of Units
2212
2
3772
Residential Dwelling
1
*Reference Use Code numbers and Uses from the Zoning Ordinance. 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 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,Re lations may result in a dismissal by the Zoning Board of this application
as incomplete. e--�% --,, /)
Type above name (s) here Shaun Milliken
PAGE 4 OF 4 Application for a SPECIAL PERMIT
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. This is required in the case
of a Special Permit when the following points, based on
MGLA ch. 40A, sec. 9 of the North Andover Zoning By -Law
and P 9.2 Special Permit Granting Authority shall be clearly
identified and factually supported: Addressing each of the
below points individually is required 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
the zoning by-law.
6. Specific reference and response to the criteria
required by the particular special permit for which this
application is made (i.e. Earth Removal Special
Permit respond to 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.
10 A. Major Projects
Major projects are those which involve one of the following
whether existing or proposed: a) five or more parking
spaces, b) three or more dwelling units, and
c) 2000 square feet of building area.
Minor projects that are less than the above limits shall
require only the plan information as indicated with
asterisks (*) In some cases further information may be
required.
10 B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to exceed
11 "x17", preferred scale of 1"=40'
b) Plan prepared by a Registered Professional Engineer
and or Land surveyor, with a block for five (5) ZBA
signatures and date on mylar.
10 C. FEATURES TO BE INDICATED ON PLAN:
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings on adjacent properties within
50' from applicants proposed structure
7. deed restrictions, easements
B. 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 of record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans will be required when the
application involves new construction/conversion and/or a
proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which include a ground level elevation
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by certified
mail all legal notices to all abutters, and then
supply proof of mailing to ZBA secretary. Applicant is
to supply stamps (appropriate current postage) for
mailing of decisions to all parties of interest as
identified in MGLA ch. 40A in sec. 11 as listed on the
application. ZBA Secretary will compute number of
stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee--of--$-50.00 per application.
A Special Permit once granted by the ZBA will lapse
in two (2) years if not exercised and a new petition
must be submitted.
tkORTi{°
Zoning Bylaw Review Form
A Town Of North Andover Building Department
AC Phone
27 Charles St. North Andover, MA. 41845
Phone 978-688-9545 Fax 978-688-9542
Street: 98
Map/Lot: .404
t3 I o
Applicant: h a u te µ S o y tM Ia p��e 0Re uest• _3 9' Aj Jc610—Ad w
Date: a—a.y - and 3
Please be advised that after review of your Application and Plans thatur io
DENIED for the following Zoning Bylaw reasons:
Zoning
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 Sip
1
Lot area Insufficient
Independent ElderlyHousingspecial Permit
Large Estate Condo Special Permit
1
Frontage Insufficient
Earth Removal S ecial Permit ZBA
2
Lot Area Preexisting
s
2
Frontage Complies
Special permit for preexisting
3
Lot Area Complies
3
Preexisting frontage
S
4
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
e_ .5
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
e s
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
y S
4
Right Side Insufficient
y e S
4
Insufficient Information
5
Rear Insufficient
Building Coverage
N%
6
Preexistingsetbacks
��
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
`1 e 5
4
Insufficient Information
2
In Watershed
Sign
3
Lot prior to
1
Sign not allowed
4
Zone to be Determined
Deter
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
Historic District
K
Parng
ki
1
1
In District review required
1
More Parking Required
2
Not in district
`� e. S
2
Parking Complies
3
Insufficient Information
3
Insufficient Information --
nformationPre—existinn
Pre— )ciqtin Parkins
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit C —_4
Setback Variance
Access other than Frontage Special Permit
Parking Variance.
Frontage Ex -e tion Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Hei ht Variance
Congregate Housing Special Permit
Variance for Sip
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent ElderlyHousingspecial Permit
Large Estate Condo Special Permit
Special Permit Non -Conforming Use ZBA
Planned Develo ment District S ecial Permit
Earth Removal S ecial Permit ZBA
Planned Residential special Permit
Special Permit Use not Listed but Similar
R-6 Density Special Permit
S cial P
eermit 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
..r b}i 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 Signafure Appcation Received Application
liDenid
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:
Referred To:
NEW ENGLAND ENGINEERING SERVICES
lk INC
May 14, 2003
North Andover Board of Appeals
27 Charles Street
North Andover, MA 01845
Re: 78 Vest Way, North Andover
Side Line Variance Application
Dear Mr. Chairman:
Please accept this letter as memorandum in support of the application by Shaun Milliken
for a side line variance in order to construct an addition to the existing structure at 78
Vest Way, North Andover
The proposed use of the addition to the home would be living space. Mr. Millikens
family is getting older and needs more room, specifically in the family living area. The
proposed addition would enlarge the family living area and provide a small office area for
computer equipment.
No other alternative location exists for the addition since the side of the house where the
family room exists is on the same side as the driveway. Enlarging the house to the side
would make the driveway turn around unusable. Enlarging the house to the front would
ruin the aesthetic lines of the front of the house. The only other alternative is to build off
of the back of the family room as proposed. The adjacent lot that would be affected by
the variance of the sideline setback is vacant and appears to be non -buildable due to the
presence of a brook running through the middle.
Sincerely,
G ��
Ben�amui C. Os od, Jr., EIT
President
60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099
Town of North Andover, Conservation Department
Parties of Interest/ Abutters Listing
REQUIREMENT: "In accordance with the North Andover Wetland Protection
Bylaw, c. 178 of the Code .of North Andover, an applicant shall submit with a filing tc
the Conservation Commission, a list of abutters within 300 feet of the property line
where work is proposed, certified by the Assessor within the prior 30 days from the
date of fling".
Applicant's property, list by map, parcel, name and Address (please print clearly and use
black ink.)
MAP PARCEL
10Y8 n v
NAME
ADDRESS
5 ;� 4 r mr 11 t I�PNyrS,�CJ-Cz
ABUTTERS PROPERTIES
MAP PARCEL
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ADDRESS
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7 14lf'f
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THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY
THE ASSESSORS OFFICE BY:
SI
Certified b Date 4
Board esso orth Andover
DATE
PAGE
OF