HomeMy WebLinkAboutMiscellaneous - 84 MAIN STREET 4/30/2018 (2)_ / -�� ^--
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TOWN OF �BORTH ANDOVER VARIANCE
for an Applicaifon for a variance
Ten (10) copies of the folkWng 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 Iced in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The p�itioner will complete items
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Vadiance. All information as
required in items 1 through and includirig 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of therequired plan information as
cited in section 10, page 4 of this form.
STEP 4: LIST OF PARTES IN INTEREST:
The petitioner requests theAssessors Office to compile
a certified list of all Parties ii Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) anginal and 10 Xerox copies
of all the required informalion to the Town Clerk's Office
to be certified by the Town Clerk with the time and date
of filing. The original will beleft at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
f A als secreta
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STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper_ The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in 6isther behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cave on behalf of the
petitioner; the Board shall decide on the matter by using
the information it has otherwise receive.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
RD
STEP 10: RECOING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County, North Registry of Deeds, 381 Common St.,
Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Departiment.
Zoning Board o ppe ry- ,•- .-:.i�,
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IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Gommunity Dev & Services
27 Charles Street, North Andover, MA
01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department .
978-688-9541 Zoning Board of Appeals Office
PAGE I of 4
:zc
978-688-9501
Town Clerk's Office
J
n
978-688-9566
Assessor's Office
J
d
MAY 13
2004
PAGE 2 OF 4
Application for a VARIAN C E
ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: *Name, *address'and telephone number:
Pacific Main Realty Trust, Albert P. Manzi III, Trustee
I nC NCuuuiiei snap ue enierea on ine jegai notice and the decision as entered above.
2. Owners of Land: Name, Address, "Telephone number, and number of years under this
ownership: Albert P. Manzi, Jr. Trustee
Pacific Main Realty Trust, Albert P. Manzi, III, Trustee
PO Box 486 North Andover. MA 01945
rears awned Land: Since Julv 2000.
3." Location of Property:
i a. Street: 92-99 Main Straat Zoning District: henaral Ri�Giness
b. Assessors: Map number: 210-029 Lot Number: 0025
c. Registry of Deeds: Book Number:
5832 Page Number: 12 2
4. Zejn�q Bylaw Section(s)�` under which the petition for the Variance is made. Including but
`rpt limito• m
Section 9.1. 9.2. 9enernl R„ci noc a 7. --
Lot
,,;
I,ot Area!) height, frnntacro nl l eet}i 7 £ T nt rnvarage. cacti nn ]�_-g1
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by. the Building Commissioner. parking
t�L-•r.
5. Describe the Variance request:
i=rnn, inrl„rling h„t nni- l ' -ted to: Non -conforming use alteration &
r
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4, Section 9 of this application. Failure by the applicant to describe the request cleady
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 wA
not involve additional items not included above.
6A. Difference from Zoning Bylaw requirements: indicate the dimension(s) that will not meet
current Zoning Bylaw Requirements. (Two lines, A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. -L7 3 0 % 60+/- 15
B. %
Page 3 of 4
Application for a'1%ARAIVCE
NORTH ANDOVER ZONING BOARD OFAPPEAL
6 B. Existing Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
87.30
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 D. Required Lot: (As required by Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot Frontage Parking Nnimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building* effUnits
Residential Residenti4l=4
2 , 200 3 6,60 MixedOf f i c Of f ice = -2
*Reference Uses from the Zoning Bylaw & Table 1. '"State number of units in building.
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of INbmber
Square feet Floors Sq. feet Building* aff Units**
*Reference Uses from the Zoning Bylaw & Table 1. **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 theZoning 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 supputing
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Boao of
Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses taffiling and
legal notification. Failure to comply with application requirements, 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.
Type above name(s) Kere. Albert P. Manzi III, Trustee Pacific Main Realty Trust
Albert P. Manzi Jr. Trustee
PAGE 4OF4
9: WRITTEN DOCUMENTATION
Application for a variance must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a variance
from the requirements of MGLA ch. 40A, Sec. 10.4 and
the North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, A -F, are required to be
addressed with this application.
A. The particular use proposed for the land or
structure.
B. The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the variance is
sought which do not affect generally the zoning
district in which the property is located.
C. Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions
with respect to the land or building for which the
variance is sought.
D. Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the 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 Ordinance.
F. Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans may be required
when the application involves new
construction/conversion/ and/or a proposer) change
in use.
10 A. Major Projects
Major projects are those which involve one of the
following whether existing or proposed:
I) five or more parking spaces,
H) three (3) or more dwelling units,
III) 2000 square feet of building area.
Major Projects shall require in addition to showing the
above features, plans must show detailed utilities, soils,
and topographic information.
M��
*10. B. *Plan Specifications:
1) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11"x17", preferred scale oft"=40'
II) One (1) Mylar.
III) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for five (5)
ZBA signatures and date indicated on the Mylar.
*10 C.*Features To Be Indicated On Pian:
1) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
In Legend & Graphic Aids:
1. Proposed features in solid lines & outined 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. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisks (*). In some cases further information may
be required
11. APPLICATION FILING FEES
11A. Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
#022-1760-4841" for the cost of first class, cer#ified,
return receipt ($4.42 as of November 2003) x # of all
parties in interest identified in MGLA ch. 40A §11 on the
abutter's list for the legal notice check. Also, the
applicant shall supply first class postage stamps
(currently 37¢) x the # of parties of interest on the
abutter's list for the decision mailing.
11 B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than Vx2-5/8" (3 copies
for the Legal mailing and one copy for the Decision
mailing).
11 C. Administrative fee of $50.00 per application.
► A Variance once granted by the ZBA will lapse in
1 (one) year if not exercised and a new petition
must be submitted.A
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TOWN OF WRTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL:
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the follmMng information must be
submitted thirly3t)) days prior to the first public hearing.
Failure to subrok the requi d information within the
time periods prescribed may result in a dismissal by the
Zonino Board of an application as incomplete.
The information herein is; an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them. The petitioner will complete items
STEP 1: ADMNiHSTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Zoning BylawlFenial form completed by the
Building Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an aplication form to petition the
Board of Appealsfor a Variance. All information as
required in items 1 througla and includi`ig 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of therequired plan information as
cited in section 10, page 4mfthis form.
STEP 4: LIST OF PARTES IN INTEREST:
The petitioner mWests theAssessors Office to compile
a certified list of all Parties Interest (abutters).
STEP 5: SUBW APPLICATION:
Petitioner submft one (1)odginal and 10 Xerox copies
of all the required informalion to the Town Clerk's Office
to be certified by the Tom Clerk with the time and date
of filing. The orkool will be left at the Town Clerk's
Office, and the 10 Xerox dies will be left with the
Zoning Board of Appeals secretary.
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O tt�to ,,'+.y
-
9SSACHUS
STEP 6: SCHEDULINd OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
the applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper_ The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office
of the Zoning Board of Appeals and delivers the legal
notice to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise receive.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant Ila Massachusetts
General Law ch. 40A sec. 17, w8hin twenty (20) days
after the decision is fid with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County, North Registry of Deeds. 381 Common St.,
Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Deparbnent.
IMPORTANT PHONE SLUMBERS:
r
-"`I-4 TI rrj
978-688-9533
Office of Community Dev & Services
978-688-9501 Town Clerk's Office
CD
27 Charles Street, North Andover, MA
978-688-9566 Assessor's Office 0
C--;
< �Yzz
01845
r' , y
978-688-9542
fax for Community Development offices
c
978-688-9545
Building Department
978-688-9541
Zoning Board of Appeals Office
PAGE 1 of 4
PAGE 2 OF 4
Application for a VARIAN C E
NORTH ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: *Name, *address and telephone number:
Pacific Main Real tv Tr„.t- _ Al hart P_ Manzi TTI , Trustee
PO BOX 486 North Andover, MA 01845
*The petitioner shall be entered on the legal notice and the decision as entered above -
2. Owners of Land: Name, Address, Telephone number, and number of years under this
ownership:
Pacific Main Realty Trust, Albert P. Manzi III, Trustee
Albert P. Manzi Jr. Trustee
PO Box 486 North Andover, MA 01845
Years Owned Land: July 2000
3. Location of Property:
a. Street: 82-88 Main Street Zoning District: General Business
b. Assessors: Map number: 2,p -C)29 Lot Number: 0025
c. Registry of Deeds: Book Number: 5 812 Page Number: 12 2
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Including but not limited to Sections 7, all set backs, frontage, lot area,
as found in Section and table 2: Parking as per sections 8.0 & 8.1
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by. the Building Commissioner.
5.- Describe the Variance request:
Relief from including but not limited to: all set backs, frontage,lot area;
Reduction in the number of parking spaces and parking space width,and
drive wav width per submitted plan.
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant tethe
Zoning Board Rules and Regulations as cited on page 4, Section 9 of this application. Failure by the applicant to describe the request clearly
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 wA
not involve additional items not included above.
6A. Difference from Zoning Bylaw requirements: Indicate thedimension(s) that will not meet
current Zoning Bylaw Requirements. (Two lines, A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
Al % �a / ( 1$. ys� 103 ys- AWA
B. %
Page 3 of 4
6 B. Existing- Lot(s):
Applicafion for a VARANCf
NORTH ANDOVER ZONING BOARD i F-
APPEAL
Lot Area
Sq. Ft.
Open Space
Sq.Ft.
Percent Lot
Coverage
Frontage
Feet
Parking
Spaces
I
Front
Minimum Lot Setback
Side A
Side B
Rear
6 C. Proposed Lot(s):
Lot Area
Sq. Ft.
Open Space
Sq. Ft.
Percent Lot
Coverage
Frontage
Feet
Parking
Spaces
Minimum Lot Setback
Front
a
Side A
Side B
Boar
6 D. Required Lot:
(As required by Zoning Bylaw & Table 2)
Lot Area
Sq. Ft.
open Space
Sq. Ft.
Percent Lot
Coverage
Frontage
Feet
Parking
Spaces
Minimum Lot Setback
Front
-)-C�LLL
3�%
Side A
Side B
gear
7A. Existing Building(s):
Ground Floor Number of HeighfTotal Use of
Square fiat FloorNbrnber
s Sq. feet Buildiiw afiUnits**
�G _3 ' /VCS (1�j i Xed?13.1k ADU141a./I
*Reference Uses from the Zoning Bylaw & Table 1. 'State number of units in building_ W_
713. Proposed Building(s):
Ground Floor Number of Height Total Use of fturnber
Square feet Floors Sq. feet Building* aff Units*"
! LO _3 a5L&Q"�
'Reference Irises from the Zoning Bylaw & Table 1. *"State number of units in builrir�
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form, which is the official form of ff*Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of thepeNioner to furnish all suppurating
documentation with this application. The dated copy of this application received by the Tom Clerk or the Zoning Bcaoi of
Appeals does not absolve the applicant from this responsibility. The petitioner shall be rible for all expenses focfiling and
legal notification. Failure to comply with application requirements, as cited herein and in theZoning Board Rules and Regulations
may result in a dismissal by the Zoning Board of this application as incomplete.
Type above names) here: Albert P. Manzi III, JD, Trustee
Pacific Main Realty Trust
f
PAGE 4 OF 4
9: WRITTEN DOCUMENTATION
Application for a variance must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a variance
from the requirements of MGLA ch. 40A, Sec_ 10.4 and
the North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, A -F, are required to be
addressed with this application.
A. The particular use proposed for the land or
structure.
B. The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the variance is
sought which do not affect generally the zoning
district in which the property is located.
C. Facts which make up the substantial hardship,
financial. or otherwise, which results from literal
enforcement of the applicable zoning restrictions
with respect to the land or building for which the
variance is sought.
D. Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
E. Facts relied upon to support e'finding that relief
sought may be given without nullifying or
substantially derogating from the intent or purpose
of the Ordinance.
F. Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning. Board of
appeals.
A set of building elevation plans may be required
when the application involves new
construction/conversion/ and/or a proposed change
in use.
10 A. Major Projects
Major projects are those which involve one of the
following whether existing or proposed:
I) five or more parking spaces,
II) three (3) or more dwelling units,
III) 2000 square feet of building area.
Major Projects shall require in addition to showing the
above features, plans must show detailed utilities, soils,
and topographic information.
VARIANCE
*10. B. *Plan Specifications:
1) Size of plan: Ten (10 ) paper copies of a plan
not to exceed 11"x17", preferred scale of 1"=40'
II) One (1) Mylar.
lII) Plan prepared by a Registered Professional
Engineer and/or Land Surveyor, with a block for five (5)
ZBA signatures and date indicated on the Mylar.
*10 C. `Features To Be Indicated On Plan:
I) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
In Legend & Graphic Aids:
1. Proposed features in solid lines & outlined in red.
2. Existing features to be removed in dashed lines.
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner of record, and designer or
surveyor.
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisks (*). In some cases further information may
be required
11. APPLICATION FILING FEES
11A. Notification fees: Applicant shall provide a
check or money order to: "Town of North Andover -
#022-1760-4841" far the cost of first class, certified,
return receipt ($4.42 as of November 2003) x # of all
parties in interest identified in MGLA ch. 40A §11 on the
abutter's list for the legal notice check. Also, the
applicant shall supply first class postage stamps
(currently 370) x the # of parties of interest on the
abutter's list for the decision mailing.
11 B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1"x2-5/8" (3 copies
for the Legal mailing and one copy for the Decision
mailing).
11 C. Administrative fee of $50.00 per application.
► A Variance once granted by the ZBA will lapse in
1 (one) year if not exercised and a new petition
must be submitted.4
Town of North Andover
Building Department
27 CHARLES ST
978-688-9545
Project:
APPLICANT: <?, "� V"-,
RE: `7161 t R- t,
DATE: ►¢. f; t 3 ,2.cs a¢
Title of Pians and Documents:
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following reasons:
Plan RevieW The plans and documentation submitted have the following inadequacies:
1. Information Is not provided, 2. Requires additional information,
3. Information requires more clarification, 4. Information is incorrect. 5. All of the above.
Administration
The documentation submitted has the following inadequacies:
1. Information is not provided. 2. Requires additional information.
3. Information requires more clarification. 4. Information is incorrect. 5. All of the above
#
Health
#
Zoning Board
1
Foundation Plan
12
Plumbing Plans
2
Subsurface investigation
13
Certified Plot Plan with proposed structure
3 3
Construction Plans
14
116 Affidavit
4
Mechanical Plans and or details
15
Plans Stamped by proper discipline
S
Electrical Plans and or details
16
Framing Plan
6
Fire Sprinkler and Alarm Plan
17
Roofing Plan
7
Footing Plan
18
Plans to scale
$ 8
Utilities
19
Site Plan
9
Water Su ly
20
Sewage Disposal
10
Waste Disposal
21
Driveway Entry App. DPW
11
ADA and or ABBA requirements
22
Other:
Administration
The documentation submitted has the following inadequacies:
1. Information is not provided. 2. Requires additional information.
3. Information requires more clarification. 4. Information is incorrect. 5. All of the above
#
Health
#
Zoning Board
/ 1
Water Fee
5
State Builders License or t4 pot t3z: (Z
2
Sewer Fee
6
Workman's Compensation
S" 3
Building Permit Fee
7
Homeowners Improvement Registration
4
Building Permit Application
8
Homeowners Exemption Form
9
Other:
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information or other subsequent
changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein
by reference. The building department will retain all plans and documentation for the above file. You must file a new building
permit application form and begin the permitting process.
BuildMTVepartment Official Signature
Application Received I t Z,0Q"' Application Denied 4I f 3 t'
If faxed: # Date Sent +f, 3/8, .r— 666
Referral recommended:
Fire
Health
Police
Zoning Board
Conservation
of Public Works
Planning
-Department
Historical Commission
cc: Heidi Griffin
Revised 9197im
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the permit for the
Property indicated on the reverse side:
p10WT4
Zoning Bylaw Review Form
Map/Lot:
Town Of North Andover Building Department
*QAo,
27 Charles St. North Andover, MA. 01845
Request:
Phone 978-688-9545 Fax 978-688-9542
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Item
Map/Lot:
6z -to
Applicant:
' - �'e, j4rN k$
Request:
Lot Area
Date:
2 3 , :•, , ..
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item
Notes
Setback Variance
Item
Notes.
A
Lot Area
- '
F -
Frontage
--Height
Variance for Sign
1
Lot area Insufficient
z
1
Frontage. Insufficient
LS
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
do
3 1
Lot Area Complies
3
Preexisting frontage `
C-iE>
4
Insufficient Information
4
Insufficient Information
13-,
. Use'
k
5'
No access over Frontage
1
Allowed
Ye >
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
C
3
Use Preexisting
2
Complies
WO
4
Special Permit Required
e"S
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
go
1
Height Exceeds Maximum
2
Front Insufficient
Y e,5
2
Complies
3
Left Side Insufficient
S
3
Preexisting Height
4
Right Side Insufficient
c' -'S
4
Insufficient Information
5
Rear Insufficient
t4o
I
Building Coverage
6
Preexisting setback(s)
e5
1 I
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
=S
1
Not in Watershed
4
Insufficient Information
2
In Watershed
J
d
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
N i4
4
Zone to be Determined
2
Sign Complies
N l}
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
O
1 1
More Parking Required
2
Not in district
2
Parking Complies
o
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Sot* e
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item # Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
, ?i Parking Variance.
Frontage Exception Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Variance
Congregate Housing Special Permit
--Height
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal S ecial 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.
J( A'F O ka
Buil xg,Department Official SignafA Appl cati Received Appli tion enied
4
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
Police
Conservation
Planning
Other
Health
:t,oning Board
Department of Public Works
Historical Commission
Buildina Department
APPLICATION FOR A VARIANCE T 0 "f Pi C i_ F f(
NORTH ANDOVER ZONING BOARD OF APPEALS ' 0 R [ I{ is i D 0 V E fF
SUPPLEMENTAL ADDENDUM
PACIFIC MAIN REALTY TRUST
PAGE 1 of 2
Hulill 111V I Li A q: 5
PAGE 2 & 3
5. DESCRIBE THE VARIANCE REQUEST:
Include: "Reduction in the number of parking spaces, parking space width, and driveway
width per submitted plan."
6A. DIFFERENCE FROM ZONGING BYLAW REQUIREMENTS:
Lot
Open
Percentage
Frontage
Parking
Front
Side A
Side B
Rear
Area
Space
lot
feet
spaces
set
set
set
set
SF
SF
coverage
back
back
back
back
back
back
8730
N/A
N/A
60+/-
1
18.45
20.50
18.45
N/A
6B. EXISTING LOT(S):
Lot
Open
Percentage
Frontage Parking
Front
Side A
Side B
Rear
Area
Space
lot
feet spaces
set
set
set
set
SF
SF
coverage
SF
back
back
back
back
8730
N/A
34%
60+/- 16
6.55
4.50
6.55
75
6C. PROPOSED LOT(S)
Lot
Open
Percentage
Frontage
Parking
Front
Side A
Side B
Rear
Area
Space
lot
feet
spaces
set
set
set
set
SF
SF
coverage
back
back
back
back
8730
N/A
34%
60+/-
14
6.55
4.50
6.55
75
6D. REQUIRED LOT (AS REQUIRED BY ZONGING BYLAW TABLE 2)
Lot
Open
Percentage
Frontage
Parking
Front
Side A
Side B
Rear
Area
Space
lot
feet
spaces
set
set
set
set
SF
SF
coverage
back„
back
back
back
25000
N/A
35%
125
15
25
25
25
35
APPLICATION FOR A VARIANCE
NORTH ANDOVER ZONING BOARD OF APPEALS
SUPPLEMENTAL ADDENDUM
PACIFIC MAIN REALTY TRUST
PAGE 2 of 2
7A. EXISTING BUILDINGS)
Ground
Number Height
Total
Use of
Number of
Floor
of
Square
Building
Units
SF
floors
feet
2200
3 35+/-
4400
Mixed Use
Residential = 4
Residential
Office = 2
& Office
7B. PROPOSED BUILDING
Ground
Number Height
Total
Useof
Number of
Floor
of
Square
Building
Units
SF
floors
feet
2200
3 35+/-
6600
Mixed Use
Residential = 6
Residential
Office = 2
& Office
May 13, 2003
Mr. William Sullivan, Chairman
Zoning Board of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Request for Special Permit
Pacific Main Realty Trust
82-88 Main Street
North Andover, MA
Dear Mr. Sullivan:
In accordance with MGLA ch.40A and of the North Andover Zoning By-laws, a Special
Permit is hereby requested by Pacific Main Realty Trust hereinafter ("Pacific") pursuant
to the Town of North Andover's Zoning By-law(s) including but not limited to section(s)
9.1 and 9.2 with respect to the alteration or extension of a pre-existing non -conforming
use located within the General Business Zone.
1. THE PARTICULAR USE PROPSED FOR THE LAND OR STRUCTURE:
The proposed use for the land and structure are the same as its current use, pre-
existing non -confirming use. The land and structure are currently located within the
General Business Zone. The structure is a mixed use building with a predominant
residential apartment use and a commercial office use on the first floor. The building
currently consists of 4 apartments and 2 commercial units.
Pacific proposes to renovate and remodel (2) two additional apartment units within
the third floor of the existing structure.
2. THE SPECIFIC SITE IS AN APPROPIATE LOCATION FOR SUCH USE,
STRUCTURE OR CONDITION:
The proposed use and alteration of the existing structure is consistent with the pre-
existing non -conforming use of said structure. The existing use lawfully existed at
the time of the applicable Zoning By-law with respect to the district and alteration or
extension of the proposed use shall not substantially or adversely impact the
surrounding area or structures.
The proposed alteration or extension is consistent with other surrounding structures
and uses within the downtown General Business Zone.
3. THERE WILL BE NO NUISANCE OR SERIOUS HAZZARD TO
VEHICLES OR PEDISTERIANS.
The proposed use and alteration of the existing structure is consistent with the pre-
existing non -conforming use of said structure. The existing use lawfully existed at
the time of the applicable Zoning By-law with respect to the district and alteration or
extension of said proposed use shall not substantially impact the surrounding area or
structures, nor shall it create a nuisance or a serious hazard to pedestrians or vehicles.
4. ADAQUATE AND APPROPRIATE FACILATIES WILL BE PROVIDED
FOR THE PROPER OPERATION OF THE PROPOSED USE.
The proposed use and subsequent alteration or extension shall meet or exceed all
minimum required codes or regulations for proposed uses as required by law.
5. THE USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF
THE ZONING BYLAW.
The proposed use and alteration of the existing structure is consistent with the pre-
existing non -conforming use of said structure. The existing use lawfully existed at
the time of the applicable Zoning By-law with respect to the district and alteration or
extension of said proposed use shall not substantially impact the surrounding area or
structures.
In an effort to promote growth and development within the General Business Zone,
Pacific is proposing a use which is consistent with surrounding buildings and one
which does not exceed the footprint of the existing structure.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. By creating additional rental units
while continuing to promote business and commerce, Pacific is likely to promote
growth and development within the General Business Zone which is consistent with
the purpose and intent of the current zoning.
The pre-existing non -conforming nature of the land and structure and the proposed
use of the land and structure are consistent with other surrounding lands and buildings
within the General Business Zone and are likely to have a positive affect on the local
economy and property values and pose no substantial detriment to the public good or
existing zoning.
2
'1.> . . .i
6. SPECIFIC REFERENCE AND RESPONSE TO THE CRITERIA
REQUIRED BY THE PARTICULAR SPECIAL PERMIT FOR WHICH
THIS APPLICATION IS MADE (I.E. THE EARTH REMOVAL SPECIAL
PERMIT HAS UNIQUE CRITERIA AND SUBMITTAL
REQUIREMENT(S)
The pre-existing non -conforming nature of the land and structure and the proposed
use of the land and structure are consistent with other surrounding lands and buildings
within the General Business Zone and are likely to have a positive affect on the local
economy and property values and pose no substantial detriment to the public good or
existing zoning.
The permitted use shall occupy the same lot as the pre-existing non -conforming use.
Thank your for your consideration with respect to this application.
Very truly yours,
PACIFIC MAIN REALTY TRUST
Albert P. Manzi III, J.D.
Trustee
3
May 13, 2003
Mr. William Sullivan, Chairman
Zoning Board of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Request for Variance
Pacific Main Realty Trust
82-88 Main Street
North Andover, MA
Dear Mr. Sullivan:
In accordance with MGLA ch.40A and section 10.4 of the North Andover Zoning By-
laws, relief is hereby requested by Pacific Main Realty Trust hereinafter ("Pacific")
pursuant to the Town of North Andover's Zoning By-law(s) including but not limited to
section(s) 7 and Table 2 with respect to all set backs, and frontage, and section(s) 8.0 and
8.1 with respect to parking spaces and parking space dimensional requirements.
A. THE PARTICULAR USE PROPSED FOR THE LAND OR
STRUCTURE:
The proposed use for the land and structure are the same as its current use, pre-
existing non -conforming. The land and structure are currently located within the
General Business Zone. The structure is a mixed use building with a predominant
residential apartment use and a commercial office use on the first floor. The building
currently consists of 4 apartments and 2 commercial units.
Pacific proposes to renovate and build (2) two additional apartment units within the
third floor of the existing 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:
.A
SETBACKS:
The land and structure are located along Main Street of the General Business District
and are pre-existing non -conforming uses and dimensions. The dimensional
requirements of section(s) 7.0 and table 2 create unreasonable hardships with respect
to pre-existing non -conforming nature of the land and structure located within the
General Business Zone.
Due to the pre-existing non -conforming nature of the land and structure and its shape
and topography, Pacific is unable to meet any of the dimensional requirements of
section 7.00 and table 2 of the zoning by-law, and therefore request relief from all set
backs and frontage.
PARKING:
The land and structure are located along Main Street of the General Business District
and are a pre-existing non -conforming uses and dimensions with respect to the same.
The dimensional requirements of section(s) 8.0 and 8.1 create unreasonable hardships
with respect to pre-existing non -conforming nature of the land and structure as it
relates to parking located within the General Business Zone.
Due to the pre-existing non -conforming nature of the land and structure and its shape
and topography, Pacific is unable to meet the parking requirements of section(s) 8.0
and 8.1 of the zoning by-law, and therefore request relief from parking requirements
and dimensions.
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.
SETBACKS:
The land and structure are located along Main Street of the General Business District
and are pre-existing non -conforming uses and dimensions. The dimensional
requirements of section(s) 7.0 and table 2 create unreasonable hardships with respect
to pre-existing non -conforming nature of the land and structure located within the
General Business Zone.
Due to the pre-existing non -conforming nature of the land and structure and its shape
and topography, Pacific is unable to meet any of the dimensional requirements of
section 7.00 and table 2 of the zoning by-law, and therefore request relief from all set
backs and frontage.
PARKING:
The land and structure are located along Main Street of the General Business District
and are a pre-existing non -conforming uses and dimensions with respect to the same.
2
L,
The dimensional requirements of section(s) 8.0 and 8.1 create unreasonable hardships
with respect to pre-existing non -conforming nature of the land and structure as it
relates to parking located within the General Business Zone.
Due to the pre-existing nonconforming nature of the land and structure and its shape
and topography, Pacific is unable to meet the parking requirements of section(s) 8.0
and 8.1 of the zoning by-law, and therefore request relief from parking requirements
and dimensions.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. While continuing to promote
business and commerce within the towns General Business Zone, Pacific is likely to
promote growth and development within the General Business Zone without any
substantial adverse impact to the existing zone, land, or structure.
Due to the pre-existing nonconforming nature of the land and structure and the
existing General Business Zone requirements, Pacific is unable to comply with or
meet the existing zoning and or parking requirements for the General Business Zone.
D. FACTS RELIED UPON TO SUPPORT A FINDING THAT RELIEF
SOUGHT WILL BE DESIRABLE AND WITH OUT SUBSTANTIAL
DETRIMENT TO THE PUBLIC GOOD.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. While continuing to promote
business and commerce within the towns General Business Zone, Pacific is likely to
promote growth and development within the General Business Zone.
The pre-existing non -conforming nature of the land and structure and the proposed
use of the land and structure are consistent with other surrounding lands and buildings
within the General Business Zone and are likely to have a positive affect on the local
economy and property values and pose no substantial detriment to the public good or
the existing zoning.
E. FACTS RELIED UPON TO SUPPORT A FINDING THAT RELIEF
SOUGHT MAY BE GIVEN WITHOUT NULIFYING OR
SUBSTANALLY DEROGATING FROM THE INTENT OR PURPOSE
OF THE ORDINANCE:
In an effort to promote growth and development within the General Business Zone,
Pacific is proposing a use which is consistent with surrounding buildings and one
which does not exceed the footprint of the existing structure.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. By creating additional rental units
while continuing to promote business and commerce, Pacific is likely to promote
growth and development within the General Business Zone which is consistent with
the purpose and intent of the current zoning.
The pre-existing non -conforming nature of the land and structure and the proposed
use of the land and structure are consistent with other surrounding lands and buildings
within the General Business Zone and are likely to have a positive affect on the local
economy and property values and pose no substantial detriment to the public good or
existing zoning.
D. SUBMIT RDA FROM CONSERVATION COMMISSION WHEN
CONTINIOUS BUILDABLE AREA IS APPLIED FOR IN ZBA
APPLICATION:
NOT APPLICABLE
Thank your for your consideration with respect to this application.
Very truly yours,
PACIFIC MAIN REALTY TRUST
Albert P. Manzi III, J.D.
Trustee
S
Abutter to Abutter ( ). Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
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 oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subject Property:
MAP PARCEL
29 25
Abutters Properties
Maw
Parcel
hard --,-4... .,
29
8
{MP/
29
9
__.
675'Foste� tt
29
10
29
11
29
12
29
16
29
17
29
18
29
19
29
20
rV�ni
29
23
29
29
29
24
26
27
/
29
28
29
29.
29
29
30
39
(t4u r A
29
40
29
41
29
42
29
43
29
44
L.
29
45
t
29
46
29
48
This certifies that the
records of the ,
IMN
Certifie by:
Name Address
Pacific Main Realty Trust PO Box 486
A P Manzi Jr.
North Andover, MA 01845
•VWV11 V_ 1 IVU. III M11UVVVI-.„ ,,, 1GV 1� VIC31II JU UWL IYVIUd MIlUVVGIy.1VWA V 1
1/Statluch iski`Wayne S leveland,Street tt'antiover,-MA 01.845
-� � �T� u t a-"`1 a Utton Plaee Nth ridover-,MA-A1845
appearing on the
; Office as of
Methuen, MA 01
oto. rt 1 -Andover A
Me hueA� 01
-�-a-North-Andover; h
--North Antt�e't; (t
16 �NamptmpNl
Chelsea -MA; -02
—No hit—ndo e h
as vinare,.N11U UO -1, -.s
-.NoNorth.Ando,�e�i MA��6j
E2 North Andover, MA 01
Date 4/20/2004
Page 1 of 2
n
hard --,-4... .,
160 COmrn-ant
Realty Trust 89°Main Str ee
saltyTrttst,. ,.
121 -Collins -Le
mow,
salty Trust
__.
675'Foste� tt
Realty-w---1-09123-Main,
appearing on the
; Office as of
Methuen, MA 01
oto. rt 1 -Andover A
Me hueA� 01
-�-a-North-Andover; h
--North Antt�e't; (t
16 �NamptmpNl
Chelsea -MA; -02
—No hit—ndo e h
as vinare,.N11U UO -1, -.s
-.NoNorth.Ando,�e�i MA��6j
E2 North Andover, MA 01
Date 4/20/2004
Page 1 of 2
n
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT.-
Subject
EQUIREMENT.
Subject Prone
MAP
PARCEL
29
25
Abutters Properties
Map
Parcel
29
52
29
54
29
55
29
56
29
60
Town of North Andover
Abutters Listing
MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Name Address
Pacific Main Realty Trust PO Box 486 North Andover, MA 01845
A P Manzi Jr.
Date
Page
I his certifies that the names appearing on the
records of the As ors Office as of.
l ).,0:3
Certified o p�
4/20/2004
2 of 2
May 13, 2003
Mr. William Sullivan, Chairman
Zoning Board of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 01845
RE: Request for Variance
Pacific Main Realty Trust
82-88 Main Street
North Andover, MA
Dear Mr. Sullivan:
In accordance with MGLA ch.40A and section 10.4 of the North Andover Zoning By-
laws, relief is hereby requested by Pacific Main Realty Trust hereinafter ("Pacific")
pursuant to the Town of North Andover's Zoning By-law(s) including but not limited to
section(s) 7 and Table 2 with respect to all set backs, and frontage, and section(s) 8.0 and
8.1 with respect to parking spaces and parking space dimensional requirements.,
A. THE PARTICULAR USE PROPSED FOR THE LAND OR
STRUCTURE:
The proposed use for the land and structure are the same as its current use, pre-
existing non -conforming. The land and structure are currently located within the
General Business Zone. The structure is a mixed use building with a predominant
residential apartment use and a commercial office use on the first floor. The building
currently consists of 4 apartments and 2 commercial units.
Pacific proposes to renovate and build (2) two additional apartment units within the
third floor of the existing 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:
SETBACKS:
The land and structure are located along Main Street of the General Business District
and are pre-existing non -conforming uses and dimensions. The dimensional
requirements of section(s) 7.0 and table 2 create unreasonable hardships with respect
to pre-existing non -conforming nature of the land and structure located within the
General Business Zone.
Due to the pre-existing non -conforming nature of the land and structure and its shape
and topography, Pacific is unable to meet any of the dimensional requirements of
section 7.00 and table 2 of the zoning by-law, and therefore request relief from all set
backs and frontage.
PARKING:
The land and structure are located along Main Street of the General Business District
and are a pre-existing non -conforming uses and dimensions with respect to the same.
The dimensional requirements of section(s) 8.0 and 8.1 create unreasonable hardships
with respect to pre-existing non -conforming nature of the land and structure as it
relates to parking located within the General Business Zone.
Due to the pre-existing non -conforming nature of the land and structure and its shape
and topography, Pacific is unable to meet the parking requirements of section(s) 8.0
and 8.1 of the zoning by-law, and therefore request relief from parking requirements
and dimensions.
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.
SETBACKS:
The land and structure are located along Main Street of the General Business District
and are pre-existing non -conforming uses and dimensions. The dimensional
requirements of section(s) 7.0 and table 2 create unreasonable hardships with respect
to pre-existing non -conforming nature of the land and structure located within the
General Business Zone.
Due to the pre-existing non -conforming nature of the land and structure and its shape
and topography, Pacific is unable to meet any of the dimensional requirements of
section 7.00 and table 2 of the zoning by-law, and therefore request relief from all set
backs and frontage.
PARKING:
The land and structure are located along Main Street of the General Business District
and are a pre-existing non -conforming uses and dimensions with respect to the same.
The dimensional requirements of section(s) 8.0 and 8.1 create unreasonable hardships
with respect to pre-existing non -conforming nature of the land and structure as it
relates to parking located within the General Business Zone.
Due to the pre-existing nonconforming nature of the land and structure and its shape
and topography, Pacific is unable to meet the parking requirements of section(s) 8.0
and 8.1 of the zoning by-law, and therefore request relief from parking requirements
and dimensions.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. While continuing to promote
business and commerce within the towns General Business Zone, Pacific is likely to
promote growth and development within the General Business Zone without any
substantial adverse impact to the existing zone, land, or structure.
Due to the pre-existing nonconforming nature of the land and structure and the
existing General Business Zone requirements, Pacific is unable to comply with or
meet the existing zoning and or parking requirements for the General Business Zone.
D. FACTS RELIED UPON TO SUPPORT A FINDING THAT RELIEF
SOUGHT WILL BE DESIRABLE AND WITH OUT SUBSTANTIAL
DETRIMENT TO THE PUBLIC GOOD.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. While continuing to promote
business and commerce within the towns General Business Zone, Pacific is likely to
promote growth and development within the General Business Zone.
The pre-existing non -conforming nature of the land' and structure and the proposed
use of the land and structure are consistent with other surrounding lands and buildings
within the General Business Zone and are likely to have a positive affect on the local
economy and property values and pose no substantial detriment to the public good or
the existing zoning.
E. FACTS RELIED UPON TO SUPPORT A FINDING THAT RELIEF
SOUGHT MAY BE GIVEN WITHOUT NULIFYING OR
SUBSTANALLY DEROGATING FROM THE INTENT OR PURPOSE
OF THE ORDINANCE:
In an effort to promote growth and development within the General Business Zone,
Pacific is proposing a use which is consistent with surrounding buildings and one
which does not exceed the footprint of the existing structure.
Pacific is desirous to promote growth and development within the downtown of North
Andover and within the General Business Zone. By creating additional rental units
while continuing to promote business and commerce, Pacific is likely to promote
growth and development within the General Business Zone which is consistent with
the purpose and intent of the current zoning.
The pre-existing non -conforming nature of the land and structure and the proposed
use of the land and structure are consistent with other surrounding lands and buildings
within the General Business Zone and are likely to have a positive affect on the local
economy and property values and pose no substantial detriment to the public good or
existing zoning.
D. SUBMIT RDA FROM CONSERVATION COMMISSION WHEN
CONTINIOUS BUILDABLE AREA IS APPLIED FOR IN ZBA
APPLICATION:
NOT APPLICABLE
Thank your for your consideration with respect to this application.
Very truly yours,
PACIFIC MAIN REALTY TRUST
Albert P. Manzi III, J.D.
Trustee
F