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Home My WebLink AboutMiscellaneous - 846 CHESTNUT STREET 4/30/2018ON ✓ter r Jl q .�J-�e I T�vt tJvar WSIP v q V� c��5f �14 a 00 - 0 /O A T R i 10 lee 0 �27 <tbke M LOUIS J. KMIEC, JR. "CERTIFIED - SENIOR APPRAISER" - REAL ESTATE CHARTER MEMBER AMERICAN ASSOCIATION OF CERTIFIED APPRAISERS AACA COUNTRYSIDE OFFICES ROUTE 114 NORTH ANDOVER, MA. 01845 ®686.5232 f4P7 e t Sv C,5 97q -- 6� b - 17 R �, � q %g - 6%5 - 104 ZBA ;? 5 Un " - Date ..�..�.-".Q...J TOWN OF NORTH ANDOVER RECEIPT t I This certifies that .k�l�l.r-t.n ....ui ►!�t°Plrr..!'1�............... has paid oo.tU.0....C. ... .. 7..)7.7...o:171i.....a,\�/S.'".�.10 for.....P..... e6..`(..b.... C.�et Al ....�4/. ee r...... Received �!� f�;I .:............................................... Department.................., . ....6.A.................................................... WHITE: Applicant CANARY: Department PINK: Treasurer No. Date - P;— . TOWN OF NORTH ANDOVER ° ; o BUILDING DEPARTMENT ► coo y^`ee # Building/Frame Permit Fee $ SSACMUS� Foundation Permit Fee $ Rt�-Other Pefff4t Fee 1�5� c4bd e rs c -v J�- 7275 4 Y6 CI e -5i""- " �ouiw rrnsoemr 2-N D. Robert Nicetta Building Commissioner Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals 'i� { 0w E ERA DSHAW RK 400 Osgood Street {' }S .4 C" North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Telephone (978) 688-9541 Fax (978)688-9542 Notice of Decision Year 2005 2005 MAY 2b P 4: f 40A, § 17 Pro at: 846 Chestnut Street NAME: Sandra Skelton HEARING(S): May 12, 2005 ADDRESS: 846 Chestnut Street PETITION: 2005-010 North Andover, MA 01845 TYPING DATE: Ma,y 23, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, May 12, 2005 at 7:30 PM upon the application of Sandra Skelton, 846 Chestnut Street, North Andover requesting a dimensional Variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback of the existing structure and the right side setback of the proposed front addition, and a Special Permit for a pre-existing, non -conforming structure, lot & use from Section 9, Paragraph 9.2 of the Zoning Bylaw for an addition to a residential structure. Said premises affected is property with frontage on the Southeast side of Chestnut Street within the I-1 zoning district. The legal notice was mailed to all abutters and published in the Eagle -Tribune on April 25 & May 2, 2005. The following members were present: John M Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, III. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and David R Webster. Upon a motion by Albert P. Manzi, III and 2`d by Richard J. Byers, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 24.1' from the right side setback for the proposed two-story front addition and 20.2' from the rear setback of the existing dwelling; and upon a motion by Albert P. Manzi, III and 2nd by Richard J. Byers, the Board voted to GRANT a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing, non -conforming structure, lot, & use to be extended by a two-story front addition attached garage and breezeway on a pre-existing, non -conforming lot per Variance Plan, 846 Chestnut Street, North Andover, MA Assessors Map 107C, Parcel 19, prepared for Sandy Skelton, 846 Chestnut Street, North Andover, MA 01845, April 13, 2005 [by] David Alves #45454, New England Engineering Services, Inc., 60 Beechwood Drive, North Andover, MA 01845 and Residence for Sandra Skelton, 846 Chestnut St, N Andover MA 01845, Date 8-25-04, [by] G. J. Bruno Associates, Residential Designers, 28 Berkeley Road, N. Andover MA 01845. With the following condition: 1. The ground to roof peak elevation of the proposed addition shall be no greater than 291. Voting in favor: John M. Pallone, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, M. Voting against: Ellen P. McIntyre. The Board finds that the lot and pre -1941 dwelling existed before the I-1 zoning district and the lot cannot be used for I-1 unless other residential lots along the access are redistricted to I-2, and that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Also, the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Pagel of 2 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 D. Robert Nicetta Building Commissioner 400 Osgood Street North Andover, Massachusetts 01845 Telephone (978) 688-9541 Fax (978)688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision 2005-010. M107.CP19. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 APR -15-2005 15:44 P. 02/03 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division ; - , = y • 110 Ogond Stroot y b,:... ,•"'4ts North Andover, lvlarsachusrlls 01845 D. Robert Nicotla Bolding Cornmi,xai(oter Legal Notice North Andover, Board of Appeals Telephone (9)78) GRR-9541 Fax (978) 688-9542 Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town M. 120 Main Street, North Andover, MA on Thursday the IP of May, 2005 at 7:30 PM to all parties interested in the appeal of Sandra Skelton, 846 Chestnut Street, North Andover requesting a dimensional Variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback of the existing structure and the right side setback of the proposed front addition, and a Special Permit for a preexisting, non -conforming structure lot & use from Section 9, Paragraph 9.2 of the Zoning Bylaw for an addition to a residential structure. Said premises affected is property with frontage on the Southeast side of Chestnut Stmt within the 1-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4.30PM. By order of the Board of Appeals Ellen P. Mclittyre, Chair 1C3 -4\3M <J5CL wO�c< W0oy Naowy°�o3�mw�w��°-'�Nxmww�omw '�wZW2 RI cn v�� aF iy m�3 aco-rc-7m61mmN fDW mH�:0� WNN =�fD co 7z �Om D 3o3�AO�y0N7o~.��cmom omXmm$c3:. roCD3oi�- 3.0 rL>vg11 ®QG�O� �.3 u,�o`°��°t? m o00�3��, n omoo`c--Q3Z (Dycn.cao•oQ) Za;p=r -oaW �<ovmm:a, 3 .cam 3-�'c>�� m °m_ A: _0 4, °o�fD N5 a° °.gym c -o ° IgD. a3 to �10 �0 OMS = 91�SL a vm W w.0 �� c3 •D10 C� �. cnZoa o. m �'m� �' H�^'�9 °mw m5m v o3>7u)@ °°°D�VyCC) c?�aiDtn»�'mom d0000� aocmoo�m3�n'°m�'v�gw�ip°a m ��mo o-3mm°m 'm0 a ood3� x 2.w°» Lon—o<-co5r> '�m00-,— A E5 3om°g a rn m�<c �3'�56H6»osom»'00a*= tmmvr ^'R•Nm 637_ :-CD �23?L wom• W -- ;momma°m moo o_ ==W!R= Euard or,%M,%& 974.6RN 9541 fiuilding 97%.G8&9545 Cun.un�tian 97A.G.rc.9Sip 11.allh 97K-G68A540 Plnnninw U78 G1iR-9535 C=2 n Published in the Eagle -Tribune on April 25 & May 2, 2005.0 t� a r, r --M. M r—> c Legalaotice 2005-010, M107.CP19. w J 1C3 -4\3M <J5CL wO�c< W0oy Naowy°�o3�mw�w��°-'�Nxmww�omw '�wZW2 RI cn v�� aF iy m�3 aco-rc-7m61mmN fDW mH�:0� WNN =�fD co 7z �Om D 3o3�AO�y0N7o~.��cmom omXmm$c3:. roCD3oi�- 3.0 rL>vg11 ®QG�O� �.3 u,�o`°��°t? m o00�3��, n omoo`c--Q3Z (Dycn.cao•oQ) Za;p=r -oaW �<ovmm:a, 3 .cam 3-�'c>�� m °m_ A: _0 4, °o�fD N5 a° °.gym c -o ° IgD. a3 to �10 �0 OMS = 91�SL a vm W w.0 �� c3 •D10 C� �. cnZoa o. m �'m� �' H�^'�9 °mw m5m v o3>7u)@ °°°D�VyCC) c?�aiDtn»�'mom d0000� aocmoo�m3�n'°m�'v�gw�ip°a m ��mo o-3mm°m 'm0 a ood3� x 2.w°» Lon—o<-co5r> '�m00-,— A E5 3om°g a rn m�<c �3'�56H6»osom»'00a*= tmmvr ^'R•Nm 637_ :-CD �23?L wom• W -- ;momma°m moo o_ ==W!R= Euard or,%M,%& 974.6RN 9541 fiuilding 97%.G8&9545 Cun.un�tian 97A.G.rc.9Sip 11.allh 97K-G68A540 Plnnninw U78 G1iR-9535 •,f BK 9603 FIG 155 • • Town ofo� Andover Community "bevelop ;, nt and Services Division f' ' T sump Office , ,..,, GEIVED of the Zo*9 Board of Appeals -4' YC E E ?'iDSHAW 400 Nood StreetT� .,y CLERK North Andoverjimachusetts 01845 f' ' , :i'!' E r? D. Robert Nieto Telephone (978) 688-9541 ZOOS MAY 2 , Building Commissioner Fax (978) 688-9542 b P �• l This Is to M* that tWenbr (20) dam,. have elepesd from date of AnyapPa1 shall 6e Sled withip Noda of Diocwu without Ming of t 0"' filed(20) days after the date of filing Year 2104 Date g of this notice in the oifica of the Tann Clair, per Mass. CkgL I., dL Town Cr�� _ --- - --- •••,••••• •4 JWCM le new a public heating at its regtittr top M is the Town Hall r0oM �, 120 eK NO& Andover, MA m Tuesday, May 12, 2009 at 7:30 PM upon the door ; North Andow mgne� ti Variance tom the gWram m of 3 Pa�gtapi� 7.3 ark Table 2 of tJ�e Zpniag 1 for rawof the tear a of the of � 7! so"* of the pr>Iposed fi td , and Q Spedai � for a �tmti and the��l � font Section 9, ihfragr0 9.2 d the Zozg Bylaw far as 1tdditim B nopxMxUM W, ;v mailed to $p A �d d Charms" 9lotieet withiuo t1� I. 'O publithed is the Eagle-Tn'bune W&V Mo .• lo,,hyn�,� Q lJ liiAllbeft P. M014..UL 7U R 1M "'v TJX- aft Were p vMM ' bs y� J. BYS uto Md Upon a M01110111 by ADM P: Manzi, III and.2e° by Richard J: Byeta,, the Beard voled to GRANT a dloamdoml Va'tanoe AM Statue 79 ft4gMph 7.3 and Table 2 of tb8. setbedc for tilt By1at>. for ttdief of 24.1' Som d>Ie right aide proposed t11 4W Suint addidon Wd 20.2' tlom the tar Of`the o moon by AIMP. MIDA M +rad a by RicLad J. Byem W Bard venal to GIIA,NT atmSPed&end upon a N secdon 9, Patttgl>1ph 9.2 of the Zoning Bylaw iA order to alb a pee -e dit P�etslt Elan w b!' I"o• y be aWWW addhian agsched gflrage OgpeedgMg ►1aR,1t use to Nark sullm MA 01 a, MA Aalsssors IM P*W 19, 19, p VKW for�00 g3aadylat .� 6p , `� 13,200 (by] David Ahu At M54, New England De NF ;ag-ts N Andoverr MA ` $43 DW 3 Norah Aadaver, MA dtg43 and Renidmoe far &1&2 Stellm, W C2td t gl, Andover MA 01 3. With the >allvwin�g )► o Aft"" soiBoa� 2g g�, gam, N. 1. The d to red* deva m of the proposed mon did be ao tib tlum 29 V�8 apimt: p Joseph D. tee' Richard J. Byers and Albert P. Maori, in TM Board Sods the lot "PIC -1941 dwelling OdOW befilm the I.1 I-1 unless other lob the aotxas ate X08 district sod the lot cannot be used ft l�a� of Sectile 10, paraagraph 10.4 of the nd�lctad to I 2, and that the � sstiafled the affect the naighborbood fir, imm the � amiaw is do the of tbb Vw anw w11 not Wvendy appNnt hes addedthe p uddons of Section 9, Paragraph of tthhe�zoo* bybyl' d the Board Sed: that the Of alteration Ad not be �Y more deMeamtal than the existing to the adgi borhoo.odd� extattdon Page 1 oft ATTEST: A True Copy Board of Appeals 978.681-93 1 Building 97e-68&9343 Conwnatioa 9786889330 Health 97"88-954o Plwring 975.68.93331. BK 9603 PG 156 Town of North .Andover Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 D. Robert Niceita Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 Fartrermre, if the rights authorized by the Variance are not exercised within one (1) year of the data of the grant, it shall lapse, and may be re-established only after notice, and a now haring. Furiharmore, 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 an which the Special Pamit was gtymted unless substantial use or mon has commenced„ it shall lapse and may be re-established only &Aar notice, and a new hearing. Town of North Andover Board of Appeals, I I P v I I )Ai , /P Ellen P. McIntyre, Chair Decision 2005-010. M107.CP19. Page 2 of 2 Board of Appeals 978- 688-9541 Building 978.688.9545 Conservation 998.6U-9530 Health 978.688-9540 Pluuting 97"89-9533 Ea6EK NWTH REGISTRY OF OEE®5 LAWRENCE, MISS. A TRUE COPY: ATT S : REC+,,,-43R OFF DEED TOWN OF NORTH ANDOVER ��V�� rAN CE or,.: • I'T CLERK ZONING BOARD OF. APPEALS NAME: Sandra Skelton ADDRESS OF APPEAL: 846 Chestnut Street, North Andover, MA Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (N) 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 Zonula Board of an aodicatiori as iraomolete. The information herein is an abstract of more specific requirements fisted in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The pefitioner 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 Variance. All information as required in items 1 through and including 11 shall be oompleted. STEP 3: PLAN PREPARATION: Petitioner submits all of the required pian information as cited in page 4, section 10 of this forth. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEPS: SUBMIT APPLICATION: Petitioner subrnits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left: at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. 8 Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development of � 978-688-9545 Building Department 978-68&9541 Zoning Board of Appeals Office Lp 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) an for publication in the newspaper. The petitioner is ratified that the legal notice has been prepared and 0 cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO The petitioner picks up the legal notice from the Offic of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONIM BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence any appearance without due cause on behalf of the petition, the Board shall decide on the matter by usin the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will sent to all Parties in Interest. Any appeal of the Boa derision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days a the decision is filed with the Town Clerk. STEP 10: RECORDING THE QECIjION AND P The petitioner is responsible for recording certific alk the decision, the Myles, and any accompanying Plan the (Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording forth and forward it to the Zoning Board of Appeals and to the Building Department. North Andover Town Hall 120 Main Street L1bT 9501 97 1' 14 2005 BOARD OF APPEALS Town Clerk's Office Assessor's Office PAGE 1 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 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 Clank's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application Involves new constructionlconversloni 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: Q five (5) or more parking spaces, lit) three (3) or more dwelling units, Ea) 2,000 square feet of building area. Major Projects shall require, that in addition to the 1013 & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: A She of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"-40' In One (1) Mylar. EM Plan prepared by a Registered Professional Engineer andlor Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: 1) She 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 e. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) 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 Pian 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (7. In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1760-4841' for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37f) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) 1 sets of mailing labels no larger than 1'x2 -5/B" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse I 1 (one) year If not exercised and a new petition mus be subml ted.E PAGE 2 OF 4 r - NORTH ANDOVER ZONING BOARD OF APPEALS application fora VARIANCE 1. Petitioner. *Name, *Address and telephone number: Sandra Skelton ` ' ' � ' - ' � " 846 Chestnut Stteet North Andover. MA 01845 978- 687-3804 *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: Sandra and Timothy Skelton 846 Chestnut Street North Andover, MA 01845 978-687-3804 Years Owned Land: Since 1993 3. Location of Property: a. Street: 846 Chestnut Street Zoning District: I-1 b. Assessors: Map number. 107C Lot Number. 19 c. Registry of Deeds: Book Number 3931 Page Number. 176 Land Court Book 89 Page 29 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. Section 7 ( 7.3) and Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: Expand existing structure on a non conforming lot. Use of structure is also non conforming and would be expanded and continued. The use of the structure is as a residential dwelling. The property is located in an I-1 zone. The above dsscrlpdon ehaa be used fordo o purpose offt 180 polka and dsdslorr. A mora I Wled dss , Iptlon w requkad pursuo t to the Zoning Board Rides and Reguindons ss deal on papa 4, sactla 0 of this applketkwL Fanun by the appacent to dsecraw the request dairy may no* In a decle2 a that dose not addnse the krbrrt of the appikant. The dedslon wla be bbd to it* request by the sppacant and wM not kwolve addlaood bms not Included above. 6 A. Difference from Zoning Bylaw requirements: IndlcAte the dimension(:) that will not meet current Zoning Bylaw Requirements. (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 A.32,404 NA - % - - B. % Front Side A Side B Rear 24.1 20. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE 6 B. Existing Lot Lot Area Open space Percent Lot Sq. Ft Sq. Ft Coverage 47,596 na 19.3 6 C. Proposed Lot(s): Lot Area Open Spam Percent Lot Sq. Ft. Sq. Ft. Coverage 47,596 na 20.7 Frontage Parking Feet Spam 154.75 2 Frontage Parking Feet Spam 154.75 2 6 D. Required Lot (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent i Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 80,000 na 35% 150 2 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet 1109 2 435 2218 Minimum Lot Setback Front Side A Side B Rear 209.7 122.6 31.1 29.8 Knimurn Lot Setback Front Side A Side B Rear 188.6 124.7 25.9 29-8 Minimum Lot Setback Front Side A Side B Rear 50 100 50 50 Use of Number Building- of UniW* Residential Dwelling I *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). - 7B. Proposed Building(*): Ground Floor Number of Height Square feet Floors 1800 2 f35 Total Use of Number Sq. feet Building' of Units" 3600 Residential Dwelling 1 *Reference Uses from the Zoning Bylaw & Table I - *'We number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Cleric's Office. tt shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of ApPe does not absolve the applicant from On responsibility. The petitioner shall be responsible for all openses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations ms result in a dismissal blue Zoning Board of Pis ajoication as incomplete. Type above name(s) here: Sandra Skelton Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE 6 B. Existing Lot Lot Area Open Spam Percent Lot Sq. Ft Sq. Ft Coverage 47,596 na 19.3 6 C. Proposed Lot(s): Ld Area Open Space Paved Lot Sq. Ft. Sq. Ft Coverage 47,596 na 20.7 Frontage Parking Feet Spam 154.75 2 Frontage Parking Feet Spaces 154.75 2 6 D. Required Lot (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spam 80,000 na 35% 150 2 TAL Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet 1109 2 435 2218 Winimum Lot Sotba& Front Side A Side 8 Rear -20.7 122.6 31.1 29.8 fAnimum Lot Setback Front Side A Side B Rear 188.6 124.7 25.9 29-9 hfinimurn Lot Setback Front Side A Side B Rear 50. 100 . 50 50 Use of Number BuildirW of Units" Residential Dwelling - I *Reference Uses from the Zoning Bylaw & Table i. "State number of units in building(s). 7B. Proposed Building(s): Ground Rom Number of Height TOW Use of Number Squarefed Rom sq. feet Building Of UniW4 1800 2 4e 35 1600 Residential Dwelling -Reference Uses from the Zoning Bylaw & Table I "State number of units in bWklng(s)- S. Petitioner and Landowner signature(s): Every application for a Variance shall be made an this form, which Is the official form of the Zoning Board of Appeals. Every application shall be filed with On Town Clerk's Office. It shall be the responsibility of the petitioner to himish all SuPPO" documentation with this application. The dated copy of this application moelved by the Town Clerk or the Zoning Board of ApPe does not absolve the applicant from We responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations ms result in a dismissal bt" Zoning Board of Pis application as incomplete. Type above narm(s) here: Sandra Skelton PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner. *Name, *Address and telephone number: Sandra Skelton 846 Chestnut Street North Andover, MA 01845 978- 687-3804 '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: Sandra and Timothy Skelton 846 Chestnut Street North Andover, MA 01845 978-687-3804 Years Owned Land: Since 1993 3. Location of Property: a. Street: 846 Chestnut Street Zoning District: I-1 b. Assessors: Map number. 107C Lot Number 19 c. Registry of Deeds: Book Number: 3931 Page Number. 176 Land Court Book 89 Page 29 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. Section 7 ( 7.3) and Table 2 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Expand existing structure on a non conforming lot. Use of structure is also non conforming and would be expanded and continued. The use of the structure is as a residential dwelling. The property is located in an I-1 zone. The above dsscodw shah be used for 1M purpose of the bpd notion and declslwL A mon detailed descdpdm b rsqulnd pumum t to the zomV Board Rubs and itspuladan sa dbd on paps 4, sedan 9 of Mk sppl edm Fapun by the qI P - t to describe the request dewtty may resuk In a deddon that doss not address the bftrt of Ow applicant. The deeblon wM be Wed to tM nqusd by the ail tw t and wM not kwolve addWond Items not kwhW d above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(:) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Sq. Ft. Sq. Ft. Coverage A.32,404 NA - % B. % Frontage Parking Feet Spaces Front Side A Side B Rear - 24.1 20.2 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 fadn. When req s relied upon. 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. Fads 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. Fads 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 pian. 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 elevatlon plane by a Registm Architect may be required when the application Involves new consbuctionlconvernloN 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: Q five (5) or more parking spaces, 11) three (3) or more dwelling units, M) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans 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' In One (1) Mylar. no Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. 'Features To Be Indicated On Plan: 1) She Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (it applicable) 5. abutters of property, within 300' radius 8. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) Legend & Graphic Alda: 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 PlaA 8. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk ('). In some loses further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1780-4841' for time cost of first dass, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of Interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2/8' (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse Ir 1 (one) year If not exercised and a new petition mut be submitbd.E TOWN OF NORTH ANDOVER �1 :.: , DANCE �: •� LERK ZONING BOARD OF APPEALS i fq r;rli, wv ` - •� 1 NAME: Sandra Skelton �UUJ 1-,1 ti 1 L{ }-' 4. j `� ADDRESS OF APPEAL: 846 Chestnut Street, North Andover, MA Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (N) 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 Zonino Board of an aodication as incomolete. The information herein is an abstract of more specific requirements fisted in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a 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 Variance. All information as required in items 1 through and including 11 shall be completed. EW 3: PLAN PREPARATION: Petitioner submits all of the required pian information as cited in page 4, section 10 of this form. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. 8 Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development o 978.588-9545 Building Department 978-688-9541 Zoning Board of Appeals Office A 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) al for publication in the newspaper. The petitioner is notified that the legal noboe has been prepared and tth cost of the Party in Interest fee. ,STEP 7• DELIVERY OF LEGAL NOTICE TOO NEWSPAPER The petitioner picks up the legal notice from the Offic of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONINf BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence any appeamnoe without due cause on behalf of the petition, the Board shall decide on the matter by usin the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will sent to all Parties in Interest. Any appeal of the Boa decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days a the decision is filed with the Town perk STEP 10: RECORDING THE DECISION AND PV The petitioner is responsible for recording cer ificatic the decision, the Mylar, and any accompanying plan 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 to the Building Department North Andover Town Hall 120 Main Street L97� �J501 97 PR 1 2005 BOARD OF APPEALS Town Clerk's Office Assessor's Office PAGE 1 Zoning Bylaw Denial ' Town Of North Andover Building Department 400 Osgood St North Andover, AAA. 01845 Phone 8784884845 Fax 878488.5542 Street: / y C..�.`% 1os X/N !1% o` A 1 ep a /iv- S i r c_.,e— Date: / ! Please be advised that after view f your Application and Plans that your Application is DENIED for the following Zoning Bylaw masons: Zoning -L Variance Site Plan Review Special Permit G y.- Setback Variance Notes Parkina Variance Item Notes Common Driveway Special Permit Item Congregate Housing Special Permit A Lot Area Spacial Permits Zoning Board special Permit Non -Conforming Use MA F Frontage Planned Development District Special Permit 1 Lot area Insufficient Special Permit for Sian 1 Frontage Insufficient "� S 2 Lot Area Preexists S 2 Frontage Complies 3 Lot Area Complies 3 Preexisfing.1tontage 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 `� `� S 3 Use Preexists 2 Complies 4 Special Permit Required Q 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum `� S 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient _j .e 4 Insufficient Information 5 Rear Insufficient Building Coverage 6-1 Preexists setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies �° 5 D Watershed 3 Coverage Preexisting 1 Not in Watershed 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 _11 In District review required 1 I More Parking Required 2 Not in district Lf e 5 2 Parking Complies LfS 3 Insufficient Information 3 Insufficient Information 4 Pre'exisling Parkin IIIIIAIN &A. Y.— _".Y :s MIAW nVINIVMY gV• YR YWVV W rowvnvv w...... Item a Special Permits Planning Board Item a Variance Site Plan Review Special Permit G y.- Setback Variance Access other than Frontage Special Permit Parkina Variance Frontage Exception Lot S sal Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sion Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Spacial Permits Zoning Board special Permit Non -Conforming Use MA 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 Sian R-6 Density Special Permit — Special PermAL preexisting maniccnformin Watershed Special Permit The above review and dtel oplanation of all Is based on the plans and wild mdton stonilbd. No definitive review and or advice shad be trend on verbal eullphnadorrs by the applicant nor all such verbal s plerrsliora by the appdcarrt servo to provide definitive answers to the Brow rsa0r for DENIAL. Any inaccuracies, misleading inkmWon, or other subsequent changes to the informal wbrndtod by the appall stall be graurds for thio review to be voided d do diambon of ris Buddirg Depeftert T1s all A - document tdied'Plen Review NerraNw' sled be aftactad hereto and irwrorporatad harm by reference. The buddYg depubimrt wW retain ad phrs and documentation for the above 1110. You must fds a new budding permit awkWon form and basin the pe wAm process• za cv�_ wilding Department Oficial Signature ,� /1� 115u— AppliciffiodReceived '41 //Lf 0 Ap Denied Denial Sent'. If Faxed Phone Number/Date: Plan Review Nartadve The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: IMIIRI �LIII� ��R.'.. � Yh �'1 •!i'¢3 '4i•�l I� N �!}'ti +.'. .. —o�� ?/'/1►ir �. /��e eS�lSl7 Conservation o ry - C a,� v>7 .�- n c 7` r le- Planning oG �lt�e. 2�tirti 0 ll Other s t 041 v/ s Q CA 2c.>/ -P t 1 c c4 5f- c-- c a 4 Z14 it 1,4 N(' le /6 /- e-- Se 4,4 C t' C D 4A-41 vc. 7�/�c, c�P/ '1-e— -� N al PC014 /� S s �e 4 ,4 c. no a S -o AO�J ;2 a N vl .P� �`K. � v c � S OPT v c 4t t.Q-- � L S A 6 �. nC1 Vl 1 %FM v. Fire Health Police Zonina Board Conservation Departmot of Public Works Planning Historical Commission Other BUILDING DEPT w NEW ENGLAND ENGINEERING SERVICES INC April 14, 2005 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 846 Chestnut Street, North Andover Special permit application Dear Mr. Chairman: Please accept this letter as a memorandum in support of the request for a special permit for the above referenced property. The particular supporting information as required by the application is outlined below. 1. The particular use proposed for the land or structure. The proposed use for the existing structure and the proposed addition is as a residential dwelling. The property is currently used as a residence and has been used for this purpose since prior to 1941. 2. The specific site is an appropriate location for such use, structure or condition.. The dwelling unit has existed since prior to 1941 in the same general configuration as it exists today and it predates the establishment of the current I-1 zoning designation. At the time of construction of the dwelling zoning offsets and lot size requirements did not exist. The placement of the house is within the required offset areas for the I-1 zone which makes the expansion of the home impossible without the granting of a variance and a special permit. The property as configured can not be used for an industrial use since the only access -is through a residential zone. The surrounding properties are all used as residential properties. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The property is currently used as a residential property. There would be no increase in vehicle activity in association with the expanded residential use. If the property were used as an I-1 use there would most likely be an increase in vehicular trips. 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The existing property has existed as a residential property in a residential neighborhood since at least 1941. The proposed use of the property is no different than the use in existence for at least 64 years. The facilities in existence at this time will remain and are adequate to service the proposed use. 5. The use is in harmony with the proposed intent of the zoning bylaw. The zoning bylaw states 11 specific purposes. Granting of the requested special permit does not violate any of the stated purposes and the proposed use is more consistent with the purpose of the bylaw than the I-1 use the property is zoned for. Since the property is surrounded by residential uses and is accessed through a residential neighborhood the residential use is a more appropriate use of the land than an industrial use, will conserve the value of the surrounding properties, will produce less traffic than an industrial use would, and will prevent overdevelopment of the land. 6. Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, / C Benjamin C. Osgood, ., P.E. President Town of North Andover, Zoning Board of Appeals Parties of Interest / Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part " Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 107C 19 I'r►AU S Delta ABUTTERS PROPERTIES MAP PARCEL NAME EU • I � • MIT.. • r1 • ... �...... 1 • •�2 MV V027 . NAME 8% CkesfnUt ��do+Qr ADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE This certifies that the names appearing on the records of the Assessor Office as of Certified by: DATE y—/y df PAGE / OF EU ,A •s. • r1 � . ... �...... •�2 MV V027 . / • _ • v 8% CkesfnUt ��do+Qr ADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE This certifies that the names appearing on the records of the Assessor Office as of Certified by: DATE y—/y df PAGE / OF NEW ENGLAND ENGINEERING SERVICES lk INC April 14, 2005 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 846 Chestnut Street, North Andover Variance application Dear Mr. Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use for the existing structure and the proposed addition is as a residential dwelling. The property is currently used as a residence and has been used for this purpose since prior to 1941. B. The circumstances relating to soil .... which do not affect generally the zoning district in which the property is located. The dwelling unit has existed since prior to 1941 in the same general configuration as it exists today and it predates the establishment of the current I-1 zoning designation. At the time of construction of the dwelling zoning offsets did not exist. The placement of the house is within the required offset areas for the I-1 zone which makes the expansion of the home impossible without the granting of a variance and a special permit. The property as configured can not be used for an industrial use since the only access is through a residential zone. C. Facts which make up the substantial hardship, financial or otherwise, which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. The placement of the dwelling close to the property line makes it impossible to add on to the dwelling in a normal manner. If the bylaw was enforced literally the only possible addition to the dwelling would have to be attached to the front left corner of the dwelling and built in a manner that would cause it to be separate from the existing dwelling. In addition, if the uses in the I-1 zone are enforced the property would become unusable because an I-1 use is not allowed to access through a residential area. 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 D. Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. The existing property has existed as a residential property in a residential neighborhood since at least 1941. The proposed use of the property is no different than the use in existence for at least 64 years. Continuation of this use will be in harmony with the surrounding properties because the uses are consistent. The properties in the neighborhood and directly to the west of the subject property are zoned for residential uses. The property to the south and east is zoned as I-1, however the property remains undeveloped. If the vacant property were to be developed under the existing I-1 zoning the use on that property would likely be detrimental to the residential use on the subject property while the existing residential use would not be detrimental to an industrial use. 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. The zoning bylaw states I 1 specific purposes. Granting of the requested variance does not violate any of the stated purposes and the proposed use is more consistent with the purpose of the bylaw than the I-1 use the property is zoned for. Since the property is surrounded by residential uses and is accessed through a residential neighborhood the residential use is a more appropriate use of the land than an industrial use, will conserve the value of the surrounding properties, will produce less traffic than an industrial use would, and will prevent overdevelopment of the land. F. Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, 51 C Benjamin C. Osgood, J ., P.E. President Zoning Bylaw Denial oii, ' Town Of North Andover Building Department 400 Osgood St North Andover; MA. 01845 o• • A`ty Phone 978$8841546 Fax 878488-9542 Street: y L �s- da Lot: 7 L-69 I �% kpplicant: S A Date: / Please be advised that after view f your Application and Plans that Your Application is DENIED for the following Zoning Bylaw reasons: .�- Zoning 1 "Notes Item A Lot Area 2 Lot Area PreexistingS 3 Lot Area Complies UB1 Lot area Insufficient Notes F 1 2 3 Item Frontage Frontage Insufficient Frontage Complies Preexistingfrontage "� 4 1 Insufficient Information Use Allowed Lot Area Variance 4 .5 G Insufficient Information No access over Frontage Contiguous Building Area CongMate Housing Special Permit 2 3 Not Allowed Use Preexisf Special Permits Zoning Board 1 2 Insufficient Area qornDlies Large Estate Condo Special Permit 4 Special Permit Required Q 3 Preexisting CBA R-6 Density Special Permit — 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 2 All setbacks comply Front Insufficient 1 2 Height Exceeds Maximum Complies 'e S 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient t -j 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 7 Preexisting setbacks Insufficient Information 1 2 Covera a exceeds maximum Coverage Complies 5 D Watershed 3 Coverage Preexisting 1 Not in Watershed He S, 4 Insufficient Information 2 In Watershed j Sign V 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 Parldng Required 2 Not in district t? 5 2 Parking Complies Ll e S 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parking I Reinedv for the above is checked below Item s Secial Permits Planning Board Item 4 Variance Site Plan Review Special Permit G S/a Setback Variance Access other than Frontage Special Permit Parldng Variance Fronts a Exception Lot Special Permit Lot Area Variance Common Driveomy Special Permit Height Variance CongMate Housing Special Permit Variance for Sian Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Speciai Permit I Special Paoi� tIon-C:-.Nfc-min:^ Use Zl3A Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Developraent 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 preexisting nonconforming Watershed Special Permit The above review and dIedad errpanebw of such is based on the plana and infan Mom subrniWd. No definitive review and or advice shah be based an verbal eplanabons by the somard nor shah such verbal w9lanatims by the appYcwd serve to provide defs*n anewws b ft above mum for DENIAL. Any inaccuracies, rides ft uMormadon, or Odw wbsequw t changes to the inknnskicn wWnl ted by the appM W shall be grounds far ft review to be voided at On discretion of On Building DepaMant. The altacisd documwrt tkW'Plan Review Nwralivs' shall be Aw ad hereto and iso Mwdad hwem by referana. The buk*V depenUoent wN retain it pians and docurne AW0n for the above BMs. You mat /Ms a raw buildup puft apPkation form and begin the pwmitfug process. 2Z2 -6, f, wilding Department Official Signature Applic ModReceived Ap Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Nali dve The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: RCIQIIQY Health �— j-P/'�ti✓' d- Ae �5�lS►/ Police D N - C d N Lr v" / �- j� (� l� C 7 v !'eqL- Conservation C,�T��e. 2Gti�ti (✓mcar 0 �9(S Planning j aA/ i�C�6f! r�,div GCS Other BUILDING DEPT « s, -C-- ca A A 9,e Ja c. P_, no o S -oafjOoJ p N� (/ C /4 ,Als RCIQIIQY Health Fire Police Zonina Board Conservation Deparlmwd of Public Works Planning Historical Commission Other BUILDING DEPT Town of North Andover, Zoning Board of Appeals Parties of Interest / Abutters Listin 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 tag list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS X07 C 19 iix"P+ ►v 5V%el+o 8y6 Cllesfnut St,llo . AJ �o�Qr ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 1. -Mier .• 1• 1• . ��.•er 49ulkAwLew, aa. :.f. •.1. ,.... : • .i ,. % . i r •� •kP-1 I r � • 1 ♦ � 1 r ' • . • • v 6 ier 1 AA er- .I I THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE This certifies that the names appearing on the records of the Assessor Office as of Certified by: ate DATE PAGE / OF / i • • • • I 1. -Mier .• 1• 1• . ��.•er 49ulkAwLew, aa. :.f. •.1. ,.... : • .i ,. % . i r •� •kP-1 I r � • 1 ♦ � 1 r ' • . • • v 6 ier 1 AA er- .I I THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE This certifies that the names appearing on the records of the Assessor Office as of Certified by: ate DATE PAGE / OF / TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS SPECIAL P,/R W Fr' 11,T CLERK ER 1 p--' 3=O5. ` -i. O ADDRESS OF APPEAL 846 Chestnut Street North Ando �Pr+ Ma ` I. 3b Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The Petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Codes Administrator. STEP 2: SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. f IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev 8 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 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by usinc the information it has otherwise receive. STEP 9: DECISION: After the hearing, a.copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk- STEP lerk STEP 10: RECORDING CERTIFICATE OF_DECISIO1 PLANS. The petitioner is responsible for recording certification c the decision and any accompanying plans at the Essex County North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 D [ E�9'78- 88L,9566 9 PR4 +. U r zoos PAGE 1 of 4 BOARD OFAPPEALs Town Clerk's Office Assessor's Office 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: Sandra Skelton 846 Chestnut Street, 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 and Telephone number and number of years under this ownership: Sandra and Timothy Skelton 846 Chestnut Street North Andover:-: MA 01845 978-687-3804 Years Owned Land- since 1993 3. Location of Property: a. Street: 846 Chestnut Street, Zoning District I-1 b. Assessors: Map number 107c Lot Number: 19 C. Registry of Deeds: Book Number 3931 Page Number. 176 Land Court book 89 Page 29 4. By -Law Sections under which thepetition for the Special Permit is made. Section 9 i4.a1 "Refer to the Permit Denial and Zoning By-l-aw Plan Review as supplied by the Building Commissioner_ 5. Describe the Special Permit request: Allow the expansion of an existing non conforming use on an existing non conforming lot. The lot is jocated in an I-1 zone and the structure is used as a residential dwelling. The owner would like to expand the structure and continue its use as a dwelling. above description shall be used for the - -- ,. - -- - — - P purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 6.a Existing Loi: Lot Area Open Space Sq. Ft. Sq. Ft. 47,596 na Application for a SPECIAL PERMIT NORTH ANDOVER ZONING Percent Lot Frontage Parking Coverage Feet Spaces 19.3 % 154.75 2 OF APPEALS Minimum Lot set Back " Front Side A Side B Rear 209.7 122.6 31.1 29.8 Ground Floor Number of Total Use of Square feet Floors Sq. feet Building• Number of Units 1800 2 3600 Residential Dwellin 1 'Reference Use Code numbers and Uses from the Zoning Ordinance. State nurnber of units in building_ 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board o1 Appeals- Every application shall be filed with the Town CIWS Office. It shall be the furnish all supporting documentation � this appla� The dated responsibility of the petitioner to or the Zoning Board of Appeals does not absolve the applicant from this of Ws application received by the Town C14 responsible for all expenses for filing and responsibility. The petitioner shall be n9 legal notification. Failure to comply with application requirements, as cited herein and in the Zon' Boa Rules R as incomplete. /?" ions may result in a dismissal by the Zoning Board of this applicatioi Sandra b. Proposed Lot (S): Lot Area Open Space Percent Lot Sq. Ft Sq. Ft Coverage Frontage Parking * Minimum Lot set Back Feet Spaces Front Side A Side B Rear 47,596 na 20.7 % s 154.75 2 188.6 124.7 25.9 29.8 % c. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Sq. Ft Sq. Ft Coverage Frontage Parking Feet Minimum Lot set. Bads' Spaces Front Side A Side B Rear 80,000 na 35 % 150 2 50 (00 50 50 7. a. Existing. Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet =� Building* Number . Of Units E 1109 2 2218 Resident; al nToii; i 1 F 'Reference Use Code numbers and Uses from the Zoning BY -Lahr. SheMWIWof units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building• Number of Units 1800 2 3600 Residential Dwellin 1 'Reference Use Code numbers and Uses from the Zoning Ordinance. State nurnber of units in building_ 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board o1 Appeals- Every application shall be filed with the Town CIWS Office. It shall be the furnish all supporting documentation � this appla� The dated responsibility of the petitioner to or the Zoning Board of Appeals does not absolve the applicant from this of Ws application received by the Town C14 responsible for all expenses for filing and responsibility. The petitioner shall be n9 legal notification. Failure to comply with application requirements, as cited herein and in the Zon' Boa Rules R as incomplete. /?" ions may result in a dismissal by the Zoning Board of this applicatioi Sandra PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, 1-6 individually, is required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning. Board of appeals. A set of building elevation plans may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: 1) five or more parking spaces, H) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. SPECIAL PERMIT *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' II) One (1) Mylar. Ill) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. II) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► ► ► A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. A 4 -