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Miscellaneous - 802 DALE STREET 4/30/2018 (3)
Li CA 1+1A P - t - ff k7,5 34 5 r G 0(Mr MSS CMWIM DNH dm w - z i �o L -)-ov3 ,, :Y :� Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice Notice of Decision Year 2003 Telephone (978) 688-9541. Fax (978) 688-9542 in the office of the Town Clerk. Property at: 802 Dale Street NAME: Elisa & Douglas'P. Martyn HEARING(S): 7/8/03 ADDRESS: 802 Dale Street PETITION: 2003-020 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 8`h of July, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2"a by Ellen P. McIntyre, the Board voted to GRANT a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 5.5' for the north side setback of a proposed rebuilt and expanded family room; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot according to the Plan of Land in North Andover, Mass. Owned by Douglas P. and Elisa Martyn by Scott L. Giles, P.L.S. #13972, 50 Deer Meadow Road, North Andover, Mass., dated 5/15/03 and Plans for Martyn Residence, 802 Dale Street, North Andover, MA., Date 4/18/03 by Stephen E. Foster, 48 Meadow Street, North Andover, MA, [4 pages] with the following conditions: 1. The south side setback will continue to be 26.5' to the existing dwelling. 2. The Plan of Land and the Plans for Martyn Residence, 802 Dale Street will agree on the 17' height of the addition and 18' height of existing the dwelling. 3. The Board requests the applicant to add a retaining wall and shrubbery to screen the proposed addition on the north side of the property. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. 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 N than the existing structure to the neighborhood. Q w Pagel of 2 <��,�c. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover' Office of the Zoning Board of Appeals Community Development and Services Division 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 2003-020. Page 2 of 2 Town of North Andover Board of Appeals, I �JLI- William J. Sul van, 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 North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01.845 D, Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 r Legal Notice North Andover, Board of Appeals --� U 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 a of July, 2003 at 7:30 PM to all parties interested in, the appeal of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from co Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 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 June 23 & 30, 2003. 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J.._.. .. f i Gry�$t f . ZIP. r 1 J V �) -` t City, State, ZIp+4_ .._ l r ZBA 142 Date ..(o. --./P.—.-0-3 TOWN OF NORTH ANDOVER RECEIPT This certifies that ........... haspaid i ... 0... r -i .................................... for .... (;.P.? . ..... .t ........ -Jfr. f ...........11 ............................. Receivedby .... ................................. I ................... Department.....7-.46A........................................................................ WHITE: Applicant CANARY: Department PINK: Treasurer ,��"e- 970o-k��- 6.ssy- Ci��� Maw, qq Orf- i a-0. � 9n- 6s3_;6 ii Z- c� a 0 �o o 0 y � b OO l�7 00 ISEP 8 ® D 2003 BOARD CSE APPEALS Essex North County hegistiry u, vv - 381 Common Street Lawrence, Massachusetts 01840 I 08/29/03 MARTYN KM 1 ' 03 Ree: DQE. 53277 T _'.'=.1 Tape DECK 50,00 m._ �, ` 04 F'ay art Ch_c6. J. THANK YOU, Thoma: -2 J. Burke Register of Deeds Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01.845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing ofthis notice Notice of Decision Year 2003 Telephone (978) 688-9541 Fax (978) 688-9542 in the office of the Town Clerk. Property at: 802 Dale Street NAME: Elisa & Douglas P. Martyn HEARING(S): 7/8/03 ADDRESS: 802 Dale Street PETITION: 2003-020 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 8`h of July, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. Mchityre, George M. Earley, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Ellen P. McIntyre, the Board voted to GRANT a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 5.5' for the north side setback of a proposed rebuilt and expanded family room; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot according to the Plan of Land in North Andover, Mass. Owned by Douglas P. and Elisa Marlyn by Scott L. Giles, P.L.S. #13972, 50 Deer Meadow Road, North Andover, Mass., dated 5/11/03- and Plans for Martyn Residence, 802 Dale Street, North Andover, MA., Date 4/18/03 by S% ,d`Foster, J4 pages] with the following conditions: CCC ��` 1. The south side setback will continue to be 26.5' to the existing dwelling. 2. The Plan of Land and the Plans for Martyn Residence, 802 Dale Street will agree on the 17' height of the addition and 18' height of existing the dwelling. 3. The Board requests the applicant to add a retaining wall and shrubbery to screen the proposed . addition on the north side of the property. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. 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 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 802 Dale Street NAME: Elisa & Douglas P. Martyn HEARING(S): 7/8/03 ADDRESS: 802 Dale Street PETITION: 2003-020 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 a of July, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2nd by Ellen P. McIntyre, the Board voted to GRANT a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 5.5' for the north side setback of a proposed rebuilt and expanded family room; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot according to the Plan of Land in North Andover, Mass. Owned by Douglas P. and Elisa Martyn by Scott L. Giles, P.L.S. #13972, 50 Deer Meadow Road, North Andover, Mass., dated 5/15/03 and Preliminary Not For Construction Plans for Martin Residence, 802 Dale Street, North Andover, MA., Date 4/18/03 [4 pages] with the following conditions: 1. The south side setback will continue to be 26.5' to the existing dwelling. 2. The Plan of Land and the Preliminary Not For Construction plans for 802 Dale Street will agree on the 17' height of the addition, spplli�, and 18' height of existing the dwelling. 4 hr,fjSl'f1Lrv�L ®/r' /tiipI@iyls/ I d A G 0J s►.�. ACL rAJ{w5 3. The Board requests the applicant to add a retaining wall and shrubbery to screen the proposed addition on the north side of the property. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. 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. Pagel of 2 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 802 Dale Street NAME: Elisa & Douglas P. Martyn HEARING(S): 7/8/03 ADDRESS: 802 Dale Street PETITION: 2003-020 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 8`h of July, 2003 at 7:30 PM in the Senior Center, 120R Main Street, North Andover upon the application of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion by Joseph D. LaGrasse and 2na by Ellen P. McIntyre, the Board voted to GRANT a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 5.5' for the north side setback of a proposed rebuilt and expanded family room; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot according to the Plan of Land in North Andover, Mass. Owned by Douglas P. and Elisa Martyn by Scott L. Giles, P.L.S. #13972,.50 Deer Meadow Road, North Andover, Mass., dated 5/15/03 and Preliminary Not For Construction Plans for Martin Residence, 802 Dale Street, North Andover, MA., Date 4/18/03 [4 pages] with the following conditions: 1. The south side setback will continue to be 26.5' to the existing dwelling. The Plan of Land and the Preliminary Not For Construction plans for 802 Dale Street will agree on the propir_Fed height of the addition�spehing of Martyn, and height of existing „ � / F i1 dwelling. ���(,f3S� 7 / 3O. The Board 9'the applicant' add a retaining wall and shrubbery to screen the proposed addition on the north side of the property. Voting in favor: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. 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. Pagel of 2 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, William J. Sullivan, Chairman Town of North Andover f NORTH Office of the Zoning Board of Appeals F Community Development and Services Division 27 Charles Street " °•. ''—• North Andover, Massachusetts 01845 'SS^c►muss D. Robert Nicetta Building Commissioner Legal Notice North Andover, Board of Appeals Telephone (978) 688-9541 Fax (978) 688-9542 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 8`h of July, 2003 at 7:30 PM to all parties interested in the appeal of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 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 June 23 & 30, 2003. Legalnotice 2003-020 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688.9540 Planning 978-688-9535 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 8t' of July, 2003 at 7:30 PM to all parties interested in the appeal of Elisa and Douglas P. Martyn, 802 Dale Street, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the right side setback; and a Special Permit from Section 9, Paragraph 9.2 in order to rebuild and expand an existing family room of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Dale Street within the R-1 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. Published in the Eagle Tribune on June 23 & 30, 2003. Legalnotice 2003-020 By order of the Board of Appeals William J. Sullivan, Chairman -7 r Z Q 0 co cnC=) 0- U- 0 - U -O co C ") O CMCL N H [nft Q LLQa 11j � 0 O 2 m foo Z Q 0 co cnC=) 0- U- 0 - U -O co C ") O CMCL N H [nft Q LLQa O 2 m 0 0 4 1� 3 � �� � � � �� � � � O o �� � � �� �� U 0 Q ,� �� z ., . 0 0 4 1� 3 ME i v �z ME i _ ____{-1 4 t� V O O n _ ____{-1 4 t� 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 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. 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 97 - 2 #Byd� Town Cle ep r mlce ent JUN 1 2 2003 9 "OARD 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 1jiin6' BoaFdiof Appeals and the Building Department -Officer =z cz c) Fr C. F -C) Fri CD , M -I> .. -F :7j,:� CD Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: N ov+h An d Dv" , V1'1A o I.4H '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: PIiSGA CLY)d `DCGIW� R h dLr4tjn qrl'16-GSS )4�� %0� ba �L *-e e T N ovt-h ikid CVCr , hi A d` Years Owned Land: 1 \ 3. Location of Property: a. Street: Ua W�ie+ Zoning District - b. Assessors: Map number I014C. Lot Number: (o { c. Registry of Deeds: Book Number N Page Number) + $3 4. Zoning Sections under which the petition for the Variance is made. A'( cn 9.3 'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request i, Al tau vn CL vCLV(Cth CA i "The abovel description shall be us or the purpose of the legal notice and decisi n. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % S,5 Page 3 of 4 Number of Total Square feet Application for a VARIANCE 1690 q5b ,S Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking " Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 44.0110 41390 3.% 30 ` 2b .S' as' c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 4q, 000 421 (D y • 0/0 (So 36 X .s' q$ -9�-' 'IO 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 %9 , lay PIA "A /. 1111S )0l A 36 30' 3c` 30' 7. a. Existing Buildings: Ground Floor Number of Total Square feet Floors Sq. feet 1 6W D30 1690 q5b ,S Use of Building` SiAC,le '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' 'Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): I q �; de�-li a l 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 Clerks 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 requi eats, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. i1 f \ern Signature r4 I l I(✓tCc�, l�-�t'�i�,�.. / " /,_ Type above name (s) here e ( &_ (VR IQU C, f! (?S P AlCt11tut1 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. B. C. A E. F The particular use proposed for the land or structure. 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. 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. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. 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. 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. No"iN Of Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street ' a , � g Ma /Lot: C C (6 -3' Applicant: '170-(5 /,9 S 4 /is.aIVA R- f yN Request: /�� xa�' �.,,, i /'��.ry lgcvc.!, Date: - i 6 - 0 3 Please be advised that after review of your Application and Plans that your, Application is DENIED for the following Zoning Bylaw reasons: Zoning -;:? — I 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 Inde endent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Lie '6 2 Frontage Complies Special permit for preexisting nonconforming 3 Lot Area Complies 3 Preexisting frontage y e s 4 Insufficient Information 4 1 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 3 Preexisting CBA y e g 5 Insufficient Information 4 Insufficient Information C Setback _H-66 --ming Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height e S 4 Right Side Insufficient e S 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e S 1 Not in Watershed y e s 4 Insufficient Information 2 In Watershed ,J Sign N 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 e S 2 1 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C - y 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 Inde endent 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 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. Building Department Official Signature Application Received Application Denied 802 Dale Street North Andover, MA 01845 June 4, 2003 Town of North Andover North And�wer, MA 01845 To Whom it May Concern, RE. Request for Variance; A. The particular use proposed for the land or structure: We are requesting a variance on the side set -back dimensional requirement for the purpose of rebuilding and extending an existing room. The room will be used as a family room (ground floor). B. The circumstances relating to... conditions... affecting the property for which the variance is sought which did not affect the zoning district in which the property is located. We are desirous of rebuilding and extending an existing room, located on the North side of our house, which falls within the definition of "Pre-existing non -conforming". Our land is long and narrow such that we would have issues constructing the room at the any of the other 3 sides of the sides of the house. Construction at the south side would be impractical as our garage is located there and it would be subject to the same side set back issues as the North side since our abutters land is within 30 feet. The west or back side of the house would be impractical since we have both a deck and septic located there. The east side of the house is the front, where our driveway and street frontage are located and would pose problems. C. Facts which make up substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions... The house was originally built to comply with R1 zoning recpirements. Since the time of construction those side -set back requirements have been increased such that our existing sun room falls within the 30 foot side -set back requirement. 1) Built as a sun room at the time of the original construction in 1962, the current structure is impractical as such, in that it is located on the North side of the house (in the shadow of the rest of the house) and it is uninsulated. Therefore the room does not get much use. 2) The room is currently structurally deficient in that there is significant wood rot throughout as a result of some water seepage from the roof. 3) Since we bought this house, we have had 2 children, who have grown to 11 and 8 years of age and who have exasperated our need for more living space. We would like to address these 3 issues altogether by razing the existing structure and building a fully insulated family room. • Page 2 June 4, 2003 D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The north side of our house faces our neighbors house where their 2 car garage is located and there driveway is located between our property line and their house. Therefore, it is not a side of their house which overlooks our house per se. And the room that we are proposing would not push substantially closer (3+/- feet) to their home. Furthermore, we feel the room, once complete, will be a substantial improvement in looks from the current room given its structural state/and wood rot. We have discussed the design, dimension and landscaping with our neighbors and they feel the impact will be a positive one. Our house is one of the smallest in the neighborhood and this addition is in keeping with the aesthetics of the existing house and those around it. Furtherrrore, we will be adding a retaining wall with shrubs at the property line to actually increase privacy for both our neighbors and ourselves. E. Facts relied upon to support a finding that relief maybe given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. It is our understanding that the intent of the side setback requirement is to provide sufficient distance between dwellings in the zoning district. The relief we are seeking (approximately 3+1 feet) does not substantially denigrate or impose upon our neighbors, who border us with their driveway and 2 bay garages. Further, given all the undeveloped wooded space behind our houses that our neighbors and we possess, there is an abundance of natural open spacefor both lots. Additionally, the shrubs that we propose to add as part of this work, will serve to add visual insulation over and above what exists presently. F. Submit RDA from Conservation Commission when... Not applicable Sincerel mt & Doug and Elisa Marlyn Town of Nortli Andover, Zo►wig Board of Appeals Parties of Interest/ Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite oil any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the plam►ing board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink) MAP PARCEL NAME ADDRESS 104 C 69 DOUGLAS & ELISA MARTYN 802 DALE STREET, NORTH ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 104C 104C 67 68 BARRY RHYS WILLIAA1 MERCURIO 826 DALE STREET 814 DALE STREET 104C 70 PAUL SHESSLER 790 DALE STREET 104C I PAUL MURPHY 776 DALE STREET 104C 49 STEPHEN SMOLAK 762 DALE STREET 104C 106 LINDA SMALL 807 DALE STREET V'- /104C 104C 163 JAMES NYHAN 270 SOUTH BRADFORD ST v 104C 48 MARTIN SMOLAIi 313 SOUTH BRADFORD ST THIS INFORMAT N WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERT IED BY E ASSESSORS OFFICE BY: DATE: �/,13,03 SIG TURF I PAGE: / I/ OF I Certified y Deter Bo d of Asse r North Andover v Oz� Ct, � U s z 0 Q �s � N® ., db � x, u �L d � z M cc� GA. MR -5 - 4 oz� (Q � • O O U fl fl � II�fl z M cc� GA. MR -5 - 4 oz� iq (Q � • O O U iq Z CL Z CV cr N OLO~ r C� � OZz C/) � o � Q)LU C) C/)CiW o y =� a =�z Q uj `� Q� 300 z v cUn CL QcZ CO to1— O O zuj uj °'$ z O �wOW Q Q O M n o o c p Z j W O CL Z �* iu`w)Z ° o oW� ti Q w w w �-=w Z `� ~z~w O 4 0 133cxJ1S 37VG M „0£,8k2 N ,0P''L£d=7 109Z ,00'GZZ=y � ---7b'101,00.09d - - - 1 N0d813S ,0£ � sbi y Z08# x / \c� °az Hoegae 10. e N N3 '3S1-1 :LS/X3 � o SETTS c g h W W _.r N � ►� h �Q. ° o oi Jon 19G 259 O CO zZWo 29' WUoCco w ACL zz0 O¢zz�-sc Ui OWw. CoWK oo°zcr- zm0� VJ co �� U)z ;� Oo ° Z�LLJ Co wm>.Lu `S �l t -J I CL z ° °`)U- 00 ix azo°�aa w0 w Qc,— Q OOZ°�Z� a�n�z LU w ':Q0zo �o Cl) >Q OCL QU- ~� Q m tue z Q 0 0 0 �2 S 1998 26' N�F o O D ;�1 TOWN OF NORTH ANDOVER SPECIAL PERMIT" ZONING BOARD OF APPEALS ����� his .� ��c� � ,�,,�.T�•�' �'rzaT�� a-'vz��s �, �.�'`r���.k'���v � � �'..: �q �'S,� �?�,.�.�� �' ar�r �, ��'S �# � r'4w ��="�"�`�Y�a�'y� -�.a� hxa�° k � 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). IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 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 I e 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. JUN 1 2 2103 BOARD OF APPEALS CD r*m l CU N n rYi :r < -F- ^ 2 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: l i sr� o ri a t�Uy l a � P- fn"n 9_7$ - )Sa-�`SS4. bq IQ- S-�Yfe4 &-: h_ db , (Y)Pt oysgs '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: &j�Ljj�N A-rdY 1 (VI A p ka4T, Years Owned Land: I � Location of Property: a. Street: %Q� bG`e_ SkV-e- Zoning District b. Assessors: Map number 1 �31 C Lot Number (9 c. Registry of Deeds: Book .Number A?8 } Iq S4 Page Number: 3 By -Law Sections under which the petition for the Special Permit is made. Sec -4i on q L 9 . Di - Refer to the Permit Denial and Zoning By-l-aw Plan. Review as supplied by the Building Commissioner. Describe the Special Permit request: �. ITiL• • . � . .� G he above description shall be used for the purpose of the legal notice and decision. A more detailed description is quired 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. 4100 A -a,20 Coverage IS 8 % Feet 153 Spaces q— Front 3 o� Side A 916,51_ Side B 1_11� Rear Bio 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 ,CDLI> 4, C90 q 1q % N) 3 ,a,` o� 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 199,1z I:1A OiA % l_ — 3d 3& 30' 3c�( 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet. Building` of Units O l 1680 S "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 LC F�,1 *Reference Use Code numbers and Uses from the -Zoning Ordinance. State number of units in building - 8. . uilding_ 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. h 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 floor 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 in a qimissal by the Zoning Board of this application , s as incomplete. C- 1 n -n . s) here pl,m, 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 equired. 10 B. Plan Specifications: i) Size of plan: Ten (10) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' 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. APPUCATION 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. p°RTH Zoning Bylaw Review Form ' Town Of North Andover Building Department Y ? h 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 8© / _69' Ma /Lot: O C Applicant: 17006 //3. A R S yw Request: / /v IFe, ry Polo!/Ile) (r, ANS uN� Date: - - i 6 - 0 3 ' riease be advised that atter review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning _R - I 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 Lame Estate Condo Special Permit 1 Frontage Insufficient Special Permit Use not Listed but Similar 2 Lot Area Preexisting L{ e S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4e s 4 Insufficient Information 4 — 1 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 -1 e S 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 e S 4 Right Side Insufficient H e S 4 Insufficient Information 5 Rear Insufficient l I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting `1 e S 1 Not in Watershed y e s 4 Insufficient Information 2 In Watershed j Sign N 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 e S 2 1 Parking Complies 3 Insufficient Information 3 1 Insufficient Information 4 Pre-eAsting Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C - y Setback Variance Access other than Frontage Special Permit --Fa-rking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Hei ht Variance Congregate Housing special Permit Variance for Sign Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Lame Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential S ecial 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. /ylPt�. S- //, - 1�) 3 5--1 9- 3 Building Department Official Signatyro Application Received Application Denied Town of North Andover, Zoning Board of APpe.ds Pailies of Interest/ Abutters Listu►g REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) A4AP PARCEL NAA4E ADDRESS 104 C 69 DOUGLAS & ELISA MARTYN 802 DALE STREET, NORTH ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 104C 67 BARRY RHYS 826 DALE STREET 104C 68 WILLIAA-I MERCURIO 814 DALE STREET 104C 70 PAUL SHESSLER 790 DALE STREET 104C 1 PAUL MURPHY 776 DALE STREET 104C 49 STEPHEN SMOLAK 762 DALE STREET 104C 106 LINDA SMALL 807 DALE STREET 104C 163 JAMES NYHAN 270 SOUTH BRADFORD ST 104C 48 MARTIN SMOLAK 315 SOUTH BRADFORD ST THIS INFO N WAS OBTAINED AT THE ASSESSSORS OFFICE AND CERT IED BY E ASSESSORS OFFICE BY: DATE: 5'�i3�o3 SIG TURF I PAGE: / 1 / OF 1 Cutfied North Andover �Iz --n I X S luU Z Q O WOO sti I kWVAA lu EL % �® opo � ANN �� II lu O lu lu fl I + I 9vll �fl II ANN lu O ANN Z �Wa o �Z �- pWZ p Q) C vj b cc uj :s Z to o J a " �— Q 00 � 0 bLU ►: t- p Z OO Z Q Z Z Q JvS ��c Z ° D TWO °'� Q W i0 CL Z ° �W �Z N OWE Q WW W I— Z W CD -R� O o -37V(7 M „0C,9k Z N ,Oft'ZCt=7 109'N 100'9ZZ=y � --- 7V-LO-L,00'0!9k - - - NOV913S ,0c � S�z Z08# x 3sH -LS/X3 Qqj ITS � � � cc W q Z U G rJs �V �e \ oi tN noi 1 2581 � �3ooZ92y o WvjOLuZ Z W ~izZO� Z <C Z C) Ict LU -5 LU M�Wo ��K°` �� ooZ�mo5- VJ v�za �(i� co �° C)3 I- _i-0Co_ C) (Z' �� ZWm>�W Q�Z)Q�Z Q °DZ°�z� Q J wWww3�Z 0zo o �o �Q Oa ZQ QU- O I� O .i Q O Q C� O CL J CL CQLL W Z Q „E o�AK o 0 W W W S X90 3'26' N f F SM O 9g. 802 Dale Street North Andover, MA 01845 June 4, 2003 Town of North Andover North Andover, MA 01845 To Whom it May Concern, RE. Special Permit Written Documentation; 1. The particular use proposed for the land or structure: We are requesting a variance on the side set -back dimensional requirement for the purpose of rebuilding and extending an existing room. The room will be used as a family room (ground floor). 2. The specific site is an appropriate location for such use, structure or condition. We are desirous of rebuilding and extending an existing room, located on the North side of our house, which falls within the definition of "Pre-existing non -conforming". Our land is long and narrow such that we would have issues constructing the room at theany of the other 3 sides of the sides of the house. Construction at the south side would be impractical as our garage is located there and it would be subject to the same side- set back issues as the North side since our abutters land is within 30 feet. The west or back side of the house would be impractical since we have both a deck and septic located there. The east side of the house is the front, where our driveway and street frontage are located and would pose problems. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. This land is set back from the road, away from vehicles and pedestrians. Proper care and dean up of the site will take place daily. 4. Adequate facilities will be provided for the proper operation of theproposed used. The facility shall not be extended by way of any sewer, water, paving or any other public facilities and are not proposed with this proposed lot and dwelling. Utilities for the room are currently in place. There is no additional bedroom Cr bathroom space to be added as part of this room extension. There will be no additional people using or living in this house as a result. Therefore there will be no additional use of or stress on our septic or water systems . 5. The use is in harmony with the purpose and intent of the zoning by-law. 1 .:0 ' • Page 2 June 6, 2003 It is our understanding that the intent of the side setback requirement is to provide sufficient distance between dwellings in the zoning district. The relief we are seeking (approximately 3+1 feet) does not substantially denigrate or impose upon our neighbors, who border us with their driveway and 2 bay garages. Further, given all the undeveloped wooded space behind our houses that our neighbors and we possess, there is an abundance of natural open spacefor both lots. Additionally, the shrubs that we propose to add as part of this work, will serve to add visual insulation over and above what exists presently. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made. The criteria for this special permit being requested for the extension of a preexisting non- conforming structure is based upon our appeal on a hardship caused by living space/conditions. The house was originally built to comply with R1 zoning requirements. Since the time of construction those side -set back requirements have been increased such that our existing sun room falls within the 30 foot side -set back requirement. 1) Built as a sun room at the time of the original construction in 1962, the current structure is impractical as such, in that it is located on the North side of the house (in the shadow of the rest of the house) and it is uninsulated. Therefore the room does not get much use. 2) The room is currently structurally deficient in that there is significant wood rot throughout as a result of some water seepage from the roof. 3) Since we bought this house, we have had 2 children, who have grown to 11 and 8 years of age and who have exasperated our need for more living space. We would like to address these 3 issues altogether by razing the existing structure and building a fully insulated family room. Sincerely Doug and Elisa Martyn Zoning Bylaw Review Form ID ,y Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978=688-9545 Fax 978-688-9542 Street: Item Ma /Lot:D4} C Applicant: `20 06 /195 4 Request: / 6f' x a -Date: F ' Frontage ---- - --- - ---h-�..� r�y„NN11L-4L1U11 gnu.runs inat your Application is -'DENIED for -the following Zoning Bylaw reasons: Zoning A ,cernecly for the above is checked below. Item # Special Permits Planning Board Site Plan Review' ecial Permit Access other than,FrontanP :Snarial Por Lot Special Permit Common congregate Housing Special Permit Continuing -Care'Retirement Special Independent Elderly Housina Soeci;� Planned Develo Planned Resides R-6 Density Spe Watershed Spec Special Permit :nt District Spec Ze� it Permit Item # I Variance it Parking Variance Lot Area Variance Height Variance Variance for Si.n it S ecial Permits Zoning Board nit S ecial Permit Non -Conforming Use ZBA Earth Removal S ecial Permit ZBA mit -S ecial Permit Use not Listed but Similar Special Permit for Si gn Special permit for preexisting nnnrnnfnrm i nn 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. 9 3 Building Department Official Signa.ue Application Received Application Denied Item Notes_.. Item_ Notes A � Lot Area ' � F ' Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting Li e- S 2 Frontage Complies 3 , Lot Area Complies 3 �P'reexisting frontage H e s 4 Insufficient Ihformation 4 Insufficient Information B Use S N6 ccess over Frontage 1 Allowed ,, G' Contiguous-.Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required e S 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 e S 4 Right Side Insufficient C- 5 . 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e 5 1 Not in Watershed yes 4 Insufficient Information 2 In Watershed d Sign N 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 q 1 More Parking Required a 2 Not in district e S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking ,cernecly for the above is checked below. Item # Special Permits Planning Board Site Plan Review' ecial Permit Access other than,FrontanP :Snarial Por Lot Special Permit Common congregate Housing Special Permit Continuing -Care'Retirement Special Independent Elderly Housina Soeci;� Planned Develo Planned Resides R-6 Density Spe Watershed Spec Special Permit :nt District Spec Ze� it Permit Item # I Variance it Parking Variance Lot Area Variance Height Variance Variance for Si.n it S ecial Permits Zoning Board nit S ecial Permit Non -Conforming Use ZBA Earth Removal S ecial Permit ZBA mit -S ecial Permit Use not Listed but Similar Special Permit for Si gn Special permit for preexisting nnnrnnfnrm i nn 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. 9 3 Building Department Official Signa.ue Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DF:NIAL.for the APPLICATION for the property indicated on the reverse -side: Referred To: Fire wimp oudfu Conservation PlanniDe artment of HUMIC Works Other thern Historical Commission , O - Buildin De artment - - � �� Nat+rr�'b ©a / g Map/Lot: Zoning Bylaw Review Form a -A ^Z r. Town Of North Andover Building Department artment Request: 27 Charles St. North Andover MA. 01845 Date: Phone 978-688-9545 Fax 978-688-9542 Street: ©a / g Map/Lot: Def C 9' Applicant: /R 5 /iso ,4_/z yN Request: xa�� Date: F rriease oe auviseu mai ar[er review of your Application and Plans that your Application is DENIED for the following'Zoning Bylaw reasons: Zoning -1J 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 R-6 Density Special Permit 1 Frontage Insufficient 2 Lot Area Preexisting LA B S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage H e 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 S 3 Preexisting CBA �i e 5 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 e S 4 Right Side Insufficient e S 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e S 1 Not in Watershed y e s 4 Insufficient Information 2 3 In Watershed Lot prior to 10/24/94 ,I 1 Sign Sign not allowed N 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking rz, 1 In District review required 1 More Parking Required 2 Not in district e. S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C - LI 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 S ecial Permit Variance for Sign Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit --Special Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit Special Permits Zoning Board Permit Non -Conforming Use ZBA Earth Removal Special Permit ZBA Special Permit Use not Listed but Similar Special Permit for Si n 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. ABuild Department Official Signature Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on,the reverse side: Referred To: Fire Health Police ConservationDepartment e: Y 6n.-A940IV - CvN/0/'ryJ1 0 cS �ru��ur-e- Planning m N d �- ��v M I Other z,a,„v,,ve V biva 4,-C 5Y q f 5 i dee- A ek-- n� c4,ox; Referred To: Fire Health Police ConservationDepartment ..ZoningBoard of Public Works Planning Historical Commission Other Building Department