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Miscellaneous - 97 WINDKIST FARM ROAD 4/30/2018 (3)
- no E I rp, L,..lji-z 03 eA A5 d,,e ql vj,'dV4t Fqifvn �oad 2-003- of I --1 N A � 1 zBA 1 3 0 'Date TOWN OF NORTH ANDOVER RECEIPT This certifies that.. ....... Q, ........................ has paid .... ..[.q...( .................................. for .... q..l...... M..'!..�!�.�..5.....G!.r.Y!il.....� np►................... -1/11� Received by .....Kc l a...z;. �' " , . �.i.,l;o ..................................................... Department......... �- .N ................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer a©-0' o` / + f ' n , Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01843 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 11d' of March, 2003 at 7:30 PM to all parties interested in the appeal of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2°d story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on February 24 & March 3, 2003 Legalnotice 2003-011 C c -D Mf-. Km w1 !?3B:>OOOZ3 mLn.� m o�Doamc'< -0(0w ' �����m�°�ot°1i3ag�>@CDwv�'ZOZ M n O�a(DQ,Qa �3o»�aF �3c��o_.a�o��m oDOr' �07'N y�NN-_moi.--tO fl-O@.3».N.O�ONAvy.O��..� �f041: Z N- =0 5O Z o y Sn Cn 1� Cf) � 3 �o N m °' <� ° m w ^.cfl CD CD 0 C 3e CD ZC Am W oo< -CLD."'OoaWN DZZ p °o pao� Nx m0 x �W WSC�wcovW5'00v�w<m 53O Z �Cn oN ao yN00aMp2 o60 aOi "m ?cw m<7 Q aQo�a iiW �Z �<o D 0 a NM* 3:3cn CD9WU.amm �GN A<yD:r 5 N O �30�CD 03c3vN3�?N n.(D 5' 1'r1 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 F o NORTH AN i Postage $ 7.37 UNIT Ili; 6845 t 7002 1000 0004 7407 7069 o C3 Q Return Receipt Fee ^ ?^ Postmark Here ••II (Endorsement Required) •III 7 ti 7002 1000 0004.7407. 7137 N 0.37 7002, 1000 0004 7407. 7120 $ 4.4� � Total Postage & Fees g ti4:'rJI.iD3 Certified Fee r ANIDOV , � o ANDOVER, MA omo Certified Fee n c. Postmark C3 Return Receipt Fee (Endorsement Required) 1. 75 Here o � t Postage $ 0.37 UNIT IN 0845 Restricted Delivery Fee (Endorsement Required) Postage $ ii.3"r L24- U`r�].T Ili: 5 = Certified Fee Postmark S C3 Certified Fee $ Postmark = = Return Receipt Fee (Endorsement Required) = 1.75 Here o Return Receipt Fee (Endorsement Required) 1.7. Here = Restricted Delivery FeeClerk: (Endorsement Required) _Shepard__Davison-_&__Eli.zabeth__Cahn_______________ Street, or PO Box No. 85 Windkist Farm Rd __________________ o nil F`W0W t= o Restricted Delivery Fee (Endorsement Required) - ----------------------------------------------- ------------------------ - City, State, ZIP+4 North Andover Clerk: ° YiC F W0W = ---------•----•------------------------------------------------••------------------------ - Ciry, State, ZIP+4 No. Andover, MA 01845 o -q Total Postage & Fees $ 4.42 04%01/03 '-1 Total Postage & Fees $ 4.42' 04i Vii/03 n fL C3 v' .. • • . Sent To Susan----- Sent T �t'homas & Rebecca Hoerner ✓ ------------------- le Street, Apt. No.; o Street, Apt. No.; or PO Box No. 14t Jenkins__Road________________________________ - t or PO Box No. 20 Jenkins Road o City, State, ZIP+4 X City, State, ZIP+4 Al p4r. T` Andover MA 01810 $ 0.37 dower. MA 01810 �S Fon-n 3800, April 260' S Re rse iorlirst ee Ye PS Form 3800, April 2002 see pev7rse� .7, 77-77,677 M �-�■ r - a (Domesticonly; overa • . N tti 0 NORTH ANDn" A OI.04 Postage $ 7 g 0. 37 UNIT Ire 0e45 -" -1Certified Fee -711 2 Postmark = Return Receipt Fee Here (Endorsement Required). 1.75 = Restricted Delivery Fee _ (Endorsement Required) Lier�C� KCFWGI;1 _ -q Total Postage & Fees $ 4.4 04/01;'03 IJ Sent To Paul G & Me a ------ ---D.-- Rokos '✓----------- � Street, Apt. No; or PO Box N Windkist Farm Rdf -------------------------------- State, ZIP+4 - ------------------------------------- ! North Andover, MA 01845- _o - ® 1�• C3 7002 1000 0004 7407.7106 r�- o NORTH AN i Postage $ 7.37 UNIT Ili; 6845 Certified Fee 7002 1000 0004 7407 7069 o C3 Q Return Receipt Fee ^ ?^ Postmark Here - (Endorsement Required) 1, 75 7 C3 Restricted Delivery Fee E3 (Endorsement Required) Clerk. KCPWOU 0.37 0 S r $ 4.4� � Total Postage & Fees g ti4:'rJI.iD3 C3 Sent To C3 ---__ Sherman Wayne- & Gail Poe r Street, Apt. No.; ✓ — or PO Box No. 94 Windkist Farm Rd Crty, State, ZIP+4 - - - ----------------------•---•-------------------- North Andover, MA 01845 UU ANk 2 — 2003 U BOARD OF APPEALS ��� 3 w. . • ' ' • '"' 7002 1000 0004 ?407 7083 7002 1000 0004 7407 7069 o 0 - 1171- 0 �., FORTE( ANDOVER, ' 9 7 e Postage $ 0.37 UNIT 1D: 0845 S r Postage $ 0.37 UNIT II= 0845 Certified Fee y� postmark ? M Certified Fee n c. Postmark C3 Return Receipt Fee (Endorsement Required) 1. 75 Here o � Return Receipt Fee (Endorsement Required) 1.75 Here C3 C3 Restricted Delivery Fee (Endorsement Required) Clerk: KCPUM' o Delivery Restricted nt Re Fee (Endorsement Required) Clerk= KCPWOU M '=1 Total Postage & Fees $ 4.42 04/ 01/03 03 O Total Postage &Fees $ 4.42 04/01 iO3 ru C3 � C3 Sent To M Q Sent To Patricia A. Lambert (� _Shepard__Davison-_&__Eli.zabeth__Cahn_______________ Street, or PO Box No. 85 Windkist Farm Rd __________________ t` ------------- ----- - ------------------------------- Street, Apt. N. or Po Box No. 115 Windkist Farm Rd - ----------------------------------------------- ------------------------ - City, State, ZIP+4 North Andover MA 01845 ---------•----•------------------------------------------------••------------------------ - Ciry, State, ZIP+4 No. Andover, MA 01845 n v' .. • • . 7002 1000 0004 74.07 7076 ?002 1000 0004.7407 7090 t - o WGRIH ANDOVE- X NORTH ANTIMPKI, MA Al p4r. T` Postage $ 0.37 UNIT IDe 0845 Postage $ 0.37 UNIT II1: 0845 Certified Fee C3 Certified Fee - � Postmark M Return Receipt Fee 2.30 Postmark Here C3 Return Receipt Fee (Endorsement Required) 1.75 Here (Endorsement Required) 1.75 C3 Restricted Delivery Fee Clerk: KCPWOW = Restricted Delivery FeeClerk:' KChuOW o (Endorsement Required) _ (Endorsement Required) p = va Total Postage & Fees $ 4.42' 04/011103 -q Total Postage & Fees $ '4.42 04!01!03 rU o Sent To El_ oise P. Younqman Sent To Ste _hen &__ -- p Lo_r_ ra n_e _-L,---_-__ V - L, ---Flora a Street, 4p1. No.; 108 Farm, Rd ti . Street, Apt. No.; or Po Box No. Windkist orPO - ---- --ox o. 75___W�n�a.st__Farm--Rd------------------------------ -------------------------------- ---------------------------------- City -State, ZIP% -4 City, State, ZIP+4 North Andover, MA 01845 UU ANk 2 — 2003 U BOARD OF APPEALS ��� 3 I Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 HEARING(S): March 11 & April 16, 2003 ADDRESS: 97 Windkist Farm Road Fax(978)688-9542�_- North Andover, MA 01845 TYPING DATE: April 23, 2003 Uroc-;-- =r% J Z'E (?1 f `r N :Z co Notice of Decision n r1 CD ' Year 2003 w Property at: 97 Windkist Farm Road o NAME: Thomas & Joan Pennace HEARING(S): March 11 & April 16, 2003 ADDRESS: 97 Windkist Farm Road PETITION: 2003-011 North Andover, MA 01845 TYPING DATE: April 23, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2nd story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the request of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2, for 47 relief from the right side setback in order to construct a 2nd story addition to the existing single family dwelling as shown on the Plan of Land in North Andover, Mass prepared for owner/applicant Thomas & Joan Pennance, 97 Windkist Farm Road, North Andover, MA by Stephen E. Stapinski R.L.S., #29876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810, dated 2/04/03.. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10.4, Paragraph of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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, Walter F. Soule, Vice Chairman Decision 2003-011 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 fax q n - 7��- S-4 X11Q�- �no+✓w5 r Town of North Andover Office of the Zoning Board of Appeals o Community Development and Services Division ` 27 Charles Street .� �..... �- North Andover, Massachusetts 01845 �4Ssac14us D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION T0: dIDW12vlIG �)� S<��{S2 FAX NUMBER: 79 V - 2fl 1;�F FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: J DATE: SUBJECT: r '' G 0 12.2 /u�vla)IK� Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 r HP Fax K1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 978£889542 Apr 30 2003 12:31pm Duration Pages Result Apr 30 12:29pm Fax Sent 89787942088 1:32 3 OK Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2003 Property at: 97 Windkist Farm Road NAME: Thomas & Joan Pennace HEARING(S): March 11 & April 16, 2003 ADDRESS: 97 Windkist Farm Road PETITION: 2003-011 North Andover, MA 01845 TYPING DATE: April 23, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2nd story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the request of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2, for 4.7' relief from the right side setback in order to construct a 2°d story addition to the existing single family dwelling as shown on the Plan of Land in North Andover, Mass prepared for owner/applicant Thomas & Joan Pennance, 97 Windkist Farm Road, North Andover, MA by Stephen E. Stapinski R.L.S., #29876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810, dated 2/04/03.. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10.4, Paragraph of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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, Walter F. Soule, Vice Chairman Decision 2003-011 Mar 11 03 03:16p Law Offices 9787942088 p.2 Town of North Andover NO"r" , Office of the'Zoning Board --of Appeals - o Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 �c«u D. Roben Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 �01 10Z�� TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 0184 Please be advised -that I have agreed to. waive the. time constraints for the NWth r.i '= Andover Zoning Board of Appeals to make a decision regarding the granting of -a— CD ariance �- (F-IJNA CF_ Special Permit, Comprehensive Permit (4013) Finning for property located at: TOWN: MEETING DATE(S):... 1 t 1 iych I I . 'a(J o 3{�1 16, OW03 NAME OF PETITIONER: 1 /1CYYKAJ' Signed: gat etiuoner (ortitioner's representative) ATTV. OOMENIC J. SCALISE 89 MAIN STREET NORTH AWOVER f it 01845 wAIVFR Board of Appt;als 979- 688.9541 Ruilthng 978-688-9345 Cun.s4nvutiun 978688.9530 Health 97R-688.9540 Phoning 979-688-9575 IID 1- it 1 J 1 2002 L�il BOARD 0F_ APPEALS Town of North Andoverof r1URTh Office of the Zoning Board of Appeals Community Development and Services Division'90 27 Charles Street .. . �.q North Andover, Massachusetts 01845 SsaCMOs�% D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 FAX TRANSMISSION T0: t S C. jig y e. FAX NUMBER: cj 7 S' -72y- FROM: 2y-- FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: .3_ DATE: 6 - 423 SUBJECT: _ `� 7 IN,Iy� �V ►�5 �Fa ryNI le 71 REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K 1220xi Last Transaction Date Time —Type Identification Mar 20 9:42am Fax Sent 89787942088 Log for NORTH ANDOVER 9786889542 Mar 20 2003 9:43am Duration Pages Result 1:08 3 OK Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street i North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the I Ph of March, 2003 at 7:30 PM to all parties interested in the appeal of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2°a story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on February 24 & March 3, 2003. Legalnotice 2003-011 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover o� pQRTH Office of the Zoning Board of Appeals o Community Development and Services Division = y y 27 Charles Street o44rao North Andover, Massachusetts 01845 4SSgcwus% D. Robert Nicetta Telephone (978) 688-9541 978 Building Commissioner Fax ( ) 688-9542 FAX TRANSMISSION TO: I (f I FAX NUMBER: 2 � FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: D— DATE: 2 — a —,Q 3 SUBJECT: 1A1. Fzyi, & ,e C) REMARKS: ,E Voi 1 �e �VT- Joe T h v►, ( e cl 01,E C-e7j /1 �Vcrm Board of Appeals 688-954.1 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 �Foq�1 HP Fax K1 lUxi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 Feb 20 2003 9:52am Duration Pages Result Feb 20 9:5 lam Fax Sent 89786860755 0:30 2 OK _- .N Town of North Andover aF �yQRTH Office of the Zoning Board of Appeals Community Development and Services Division 0- 27 Charles Street - -- North Andover, Massachusetts 01845 �4SSgCNus/ D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax(978)688-9542 FAX TRANSMISSION TO: I t oma h pe4 IN C e FAX NUMBER: 017 4 2 o 7— S 6 a 7 FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: I DATE: ';_0 U 3 e 111 SUBJECT: REMARKS: Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K1220xi Last Transaction Date Time Type Identification Feb 20 10:50am Fax Sent 89787945627 Log for NORTH ANDOVER` 9786889542 Feb 20 2003 10:51am Duration P_eses Result 0:44 2 OK Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the l ld' of March, 2003 at 7:30 PM to all parties interested in the appeal of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2°d story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on February 24 & March 3, 2003. Legalnotice 2003-011 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 TO: FAX Number: FROM: Town of North Andover Zoning Board of Appeals PHONE: #978-688=9541 FAX: #978-688-9542 DATE: a -_ JTD �_ SUBJECT: Number of pages: a REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Eagle -Tribune. 'The Eagle -Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune legal notice department's fax number is 978-686-07.55. Please contact the E -T as soon possible in order to meet the mandated {Mass. Gen. L. ch. 40A § 111 publishing deadline of at least 14 days before a hearing. The E -T needs 2 full business days before the publication dale. If there is no legal :notice publication at least 14 days before the hearing then the Board cannot Bear your petition and you will not be placed on the ZBA agenda for the upcoming meeting. E -T Submission Date before 5:00M, It Publication Date Meeting Date l~e.,b. 19, ioa3 tive dw e3d% -.dFeb. �,�, WCivJ] li o-oa MW Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 :days prior the ZBA meeting. You are also :required to bring, or fax copies of the proof of the certified mailing, to the office of the ZBA Secretary as -soon -as you have completed the mailing. Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. 1 �leq drop co ;�5 of Our j`� _lj V�0+ice cert' �cc, i 5� � I t �s� ►ham �''I 6q be 5 -� j�o5+� 5 � 5�' �`"►2 c),-- C_ : S " on -1,1 1,S �3oard of appeals 688 954 Building 688-9545 Conservation 688-9530 Heaht688-9540 Planning 688-9535 HP Fax K 1220xi Last Transaction Date Time Type Identification Feb 19 9:45am Fax Sent 89787942088 Log for NORTH ANDOVER 9786889542 Feb 19 2003 9:46am Duration Pa es Result 1:02 2 OK TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomDlete. The information herein is an abstract of more specific requirements listed in the Zoning Board.Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). VARIANCE STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper -for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office III 978-688-9545 Building Department F E B 13 2003 B©,-;R:D CP APPEALS Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Thomas & Joan Pennace 97 Windkist Farm Road North Andover, MA 01845 978-688-3829 '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: Thom-, k ,Tuan PPnnarP., U Windkist Farm Road, North Andover, MA 01845 Ownedears Land: 7 3. Location of Property: a. Street: 97 Windkist Farm Rd. Zoning District R-2 b. Assessors: Map number 109 _ Lot Number: 53 c. Registry of Deeds: Book Number 4902 Page Number: 102 4. Zoning Sections under which the petition for the Variance is made. Section 7, Paragraph 7.3, Yarj Setback and Table 2 of the Zoning Bylaws 'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request A=nlica_nts seek a variance from the recruired side line set back in order to construct a 2 story addition on their existing single family residence. 'The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional Items not Included above. 6a, Difference from Zoning By -Law requirements: Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Fron A. -- -- -- % -- -- – B. % c. Indicate the dimensions that will not inset curreit – 1 Minimum Lot set Back * c --i Le, CD M 7j T-_ t Side A Side B Rear — x M C� M ;Tj r�tt d r` > 4.7' -- -- -D omo-n 70CnC:) mss '77 > — �_ NJ Page 3 of 4 Application for a VARIANCE �£ "^^.-qrw• r�'�y�-,i*.^�.ww rn. o Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 69,048 -- -- % 150' -- c. Proposed Lot (S): Minimum Lot set Back " Front Side A Side B Rear 78' 25.3' 30+' 416.7' Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 43,560 -- -- % 150' -- 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" " Minimum Lot set Back' Front Side A Side B Rear 30' 30' 30' 30' 111 11•fie RIM I 'Reference Uses from the Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" 4001+- 2 6,400' Residential 'Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and 19pal notification. Failure to ompty with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismi bye Zoning Board of/jhisj0Iicab9p as incomplete, A J ^ . above name 88 Ma;n Street No. Andover, MA 01846 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. A. B. C C E. 19 The particular use proposed for the land or structure. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names/addresses/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which includes a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. rm y Town Of North AndoveroBuilding Department �y S4CI7JSE��`a 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: I ? r7 S T A. jDate: ..o w, J e a N t—e N N A Al C Cquest: a0' X.)0,*/- a _ 7 _ D 3 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoninn <emeay for the above is checked below. Item # Special Permits Planning Board Site Plan Review Special Permit Access other than Frontage S ecial Per Fronta a Exception Lot Special Permit Continuing Care Retirement Special Independent Elderly Housing Specie Large Estate Condo Special Permit Perm R-6 Item # I Variance Parkin2 Variance, Lot Area Variance Variance for Si'- Special i nSpecial Permits Zoning Board 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. SfUilding Department Official na Sigture Application Received Application Denied ItemNotes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e s 2 Frontage Complies y e s 3 Lot Area Complies 11 e S 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use _F _No access over Frontage 1 Allowed s G Contiguous Building Area 2 Not AllowedN 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1Height Exceeds. Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient _j e S3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information e S 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s)N�a 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed y c S 4 Insufficient Information 2 In Watershed ,J Sign 3 Lot prior to 10/24/94A 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required N 2 Not in district LJ e. g 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking <emeay for the above is checked below. Item # Special Permits Planning Board Site Plan Review Special Permit Access other than Frontage S ecial Per Fronta a Exception Lot Special Permit Continuing Care Retirement Special Independent Elderly Housing Specie Large Estate Condo Special Permit Perm R-6 Item # I Variance Parkin2 Variance, Lot Area Variance Variance for Si'- Special i nSpecial Permits Zoning Board 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. SfUilding Department Official na Sigture Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL. for the APPLICATION for the property indicated on the reverse side: Referred To: MEMORANDUM The Applicants, Thomas and Joan Pennace, husband and wife, seek a variance from the sideline requirements of the zoning by-laws in an R-2 District. The parties reside in a single- family residence located at 97 Windkist Farm Road, North Andover, Massachusetts, which they purchased on December 3, 1997. They want to add a two-story addition to their home which would be approximately 25.3 feet distance from their sideline. A Variance is requested for approximately 4.7 feet in order to construct the addition. The use is in harmony with the general purpose and intent of the Zoning By -Laws and desirable relief may be granted without substantially derogating from the intent or purpose of the Zoning By -Law. Parties of Interest % Abuttprc is Q REQUIREMENT: MGL 40A, Section 11 states in pad "Parties in Interest chapter shall mean the petitioner, abutters as used M'*.this 1--ownersef land directly opposite on, private street or way,, and abutters to abutters with- an.* public or In three hundred (300) feet of the Property line of the petitioner. as they appear on the most recentI applicable tax.list, notwithstanding that the land.ofany such owner is located in an Planning board of theI city or other city or town the town." town t mg board of every abutting cily PjP b or Applicant's, Property,, Hat by map, parcel, name and add and use black ink.) address (please print dearly MAP PARCELWAAR A "Dims 109 53 'Ibm &,Joan Pennace 97 Windkist Farm Road ABUTTERS PROPERTIES MAP PARCEL 3 11 NAM ADDRESS 20 Jenkins Road:'Andover, M z 14R Jenkins Road _Andover, MA,/ THIS. -INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND C]9R WRD BY THE ASSESSORS OFFICE BY. DATE 2-13-03 SIGNATURE PAGE --- OF .1 co M bo M R—H i tV' z S J LL LL z F R LU co ► CV) z g O O J LL F- U) U) w LL 0 W U) O IL O w IL z O F - Q w w Q w 0 w U) O CL O Of CL 00 LO Z 0 F w J w 0 w U) 0 (. 0 IL w 0 U) L w J O Ln z O F Q w w a z F R w w 0 W LL w I W N O 0 O cn m 0 m 0 O z 0 m r- 0 O O m z OD w a N V CID w w Y:\R14\DWGS\5683\DWGS\5683WS-11X17.DWG 2 • I Ko Z _ O u � R D 0. C/) U D W � m O r CJ O D O R m A Q Z m N) O O CA Cf) C) y�0)oz D m CZ t C.O c y Z r�z�o (3) sz� � D y� � O ,r -Ti m O c C 0 D N 41- N) O O CA Zvi "'pw�m=1Zx D �z�<c�n� CD 'b Z m 0 1E --q D O OZ � Z = m - (f) o z = m M OX -i m—;u ' C Z —i Z m > cf) �m O Z�=�N�z � ��-i�ODDD --I :1E z�a �� -� =zc�i�� m =m m DU*Dmm ;u zOC�=Zz-0 Zmommm 0 O mD�cnNz C- Z�c/)0m Ti —< O �O mO-TI er �Z� m�—z m -0=zm o cn C m G-) cn 0 O W m c) m —i 0 = cn m y Z r�z�o y L7'c/) D RO 0 x 00 .�ZyOO z Q 40o Ul "1Z M oo. wa>ZF d > n D m 0 \ � z � � Zvi "'pw�m=1Zx D �z�<c�n� CD 'b Z m 0 1E --q D O OZ � Z = m - (f) o z = m M OX -i m—;u ' C Z —i Z m > cf) �m O Z�=�N�z � ��-i�ODDD --I :1E z�a �� -� =zc�i�� m =m m DU*Dmm ;u zOC�=Zz-0 Zmommm 0 O mD�cnNz C- Z�c/)0m Ti —< O �O mO-TI er �Z� m�—z m -0=zm o cn C m G-) cn 0 O W m c) m —i 0 = cn m Z5 101 '60� ddW NHdO 'S H138dZ1-13 v NOSaiAda addd3HS 416.7' LAMBERT LOT 34 0 D m 526.83' D D Z D � O O m G M N O Z_ Z GJ _ m W O 0O � ::E p Z" 00 9 -9 D Z v O �u m -1 D = r w ,81'L6t W N o � (/) m N 0 m(n m �a ,;o_ ;% M Z O �am Q o z - o FTI rcn c) N � o m z Q` ' � CIO d ao O r O I m z ON Z � 0 � m m o � O = O O D N c0 o cn o O -o 0O � D O O r Z C) m Cf) d o�u . z_ 0 O .. _- ..... .. 0 -- g` N - H � m O p O m N cii N � o o CA 6? (D Cl) � W N (/) m N 0 m(n m �a O ;% M Z O �am Q o z - o FTI c) o m z CIO ao O r O I m z ON Z � 0 � m O = O O Z 0O � D O O r Z C) m Cf) z_ O D 0 N -u H � m O O m � o o C� cn (D Cl) C4 m r O71 O � �o Zvi- m (,n C) (,a 0 OHTh Zoning Bylaw Review Form ' Town Of North Andover Building Department k St. 27 Charles North Andover, MA. 01845 CAU Phone 978-688-9545 Fax 978-688-9542 Street: C? 9 W/tiD K/ 5 7- 1 --AAM Map/Lot: / D y / ! ::z N/ N C t Request: ao' >1a0' +/_ a S+o� ►��1�< <o� Date: 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 Site Plan Review S ecial Permit Access other than Frontage Special Permit Frontage Exception Lot Special Permit Common Driveway Special Permit Congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit R-6 Density Special Permit . atershed Special Permit Item # Variance C' Setback Variance Parking Variance Lot Area Variance Height Variance Variance for Sinn Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal S ecial Permit ZBA Special Permit Use not Listed but Similar S ecial Permit for Sian Special permit for preexisting 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 shalt 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. jdin—g 3 --/o —D 3ilDepartment Official Signature Application Received Application Denied Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient - 2 3 4 Lot Area Preexisting Lot Area Complies Insufficient Information e S 1 S 2 3 4 Frontage Complies Preexisting frontage Insufficient Information -1 e s B Use 5 No access over Frontage 1 2 Allowed Not AllowedN c S G 1 Contiguous Building Area Insufficient Area 3 Use Preexisting 2 Complies 4 5 Special Permit Required Insufficient Information 3 4 Preexisting CBA Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds.Maximum 2 Front Insufficient 2 Complies 3 4 Left Side Insufficient Right Side Insufficient `1 e S 3 4 Preexisting Height Insufficient Information e S 5 Rear Insufficient Building Coverage N�a 6 7 D Preexisting setback(s) Insufficient Information Watershed 1 2 3 Coverage exceeds maximum Coverage Complies Coverage Preexisting 1 Not in Watershed y e- S 4 Insufficient Information 2 In Watershed j Sign 3 4 5 Lot prior to 10/24/94A Zone to be Determined Insufficient Information 1 2 3 Sign not allowed Sign Complies Insufficient Information E Historic District j( Parking 1 2 3 In District review required q Not in district Insufficient Information Ll e S 1 2 3 More e Parking Required Parking Complies Insufficient Information N/A 4 Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Site Plan Review S ecial Permit Access other than Frontage Special Permit Frontage Exception Lot Special Permit Common Driveway Special Permit Congregate Housing Special Permit Continuing Care Retirement Special Permit Independent Elderly Housing Special Permit Large Estate Condo Special Permit Planned Development District Special Permit Planned Residential Special Permit R-6 Density Special Permit . atershed Special Permit Item # Variance C' Setback Variance Parking Variance Lot Area Variance Height Variance Variance for Sinn Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Earth Removal S ecial Permit ZBA Special Permit Use not Listed but Similar S ecial Permit for Sian Special permit for preexisting 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 shalt 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. jdin—g 3 --/o —D 3ilDepartment Official Signature Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL, for the APPLICATION for the property indicated on the reverse side: Referred To: Fire Police Conservation Planning Other Health uepartment of Public Works Historical Commission Buildina Denartmont HP Fax K1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 Feb 13 2003 10:30am Duration Pages Result Feb 13 10:28am Fax Sent 89787942088 1:26 2 OK Town of North Andover of NORTH Office of the Zoning Board of Appeals o Community Development and Services Division # i o+ 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Telephone (978) 688-9541 HEARING(S): March 11 & April 16, 2003 Fax (978) 688-9542 C= - - North Andover, MA 01845 TYPING DATE: April 23, 2003 Notice of Decision -� v r �� c Year 2003 w y Property at: 97 Windkist Farm Road o NAME: Thomas & Joan Pennace HEARING(S): March 11 & April 16, 2003 ADDRESS: 97 Windkist Farm Road PETITION: 2003-011 North Andover, MA 01845 TYPING DATE: April 23, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2°d story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district . The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2°d by Joseph D. LaGrasse, the Board voted to GRANT the request of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2, for 4.7' relief from the right side setback in order to construct a 2°d story addition to the existing single family dwelling as shown on the Plan of Land in North Andover, Mass prepared for owner/applicant Thomas & Joan Penance, 97 Windkist Farm Road, North Andover, MA by Stephen E. Stapinski RL.S., #29876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810, dated 2104/03.. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section '10.4, Paragraph of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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, ; 4 Walter F. Soule, Vice Chairman Decision 2003-011 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 f ,,ORT,, Office of the Zoning Board of Appeals Community Development and Services Division ; z o?q 27 Charles Street , North Andover, Massachusetts 01845 ss„c,,,,sE% D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 --Z: r- Any appeal shall be filed Notice of Decision -0 C -) I-`. within (20) days after the Year 2003 date of filing of this notice t in the office of the Town Clerk. Property at: 97 Windkist Farm Road o The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2°d story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the request of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2, for 4.T relief from the right side setback in order to construct a 2°d story addition to the existing single family dwelling as shown on the Plan of Land in North Andover, Mass prepared for owner/applicant Thomas & Joan Pennance, 97 Wmdkist Farm Road, North Andover, MA by Stephen E. Stapinski R.L.S., #29876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810, dated 2/04/03.. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10.4, Paragraph of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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, Walter F. Soule, Vice Chairman Decision 2003-011 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NAME: Thomas & Joan Pennace BEARING(S): March 11 & April 16, 2003 ADDRESS: 97 Windkist Farm Road PETITION: 2003-011 North Andover, MA 01845 TYPING DATE: April 23, 2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Wednesday, at 7:30 PM upon the application of Thomas & Joan Pennace, 97 Windkist Farm Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side setback in order to construct a 2°d story addition to a currently conforming structure and lot. The said premise affected is property with frontage on the West side of Windkist Farm Road within the R-2 zoning district. The following members were present: Walter F. Soule, Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2nd by Joseph D. LaGrasse, the Board voted to GRANT the request of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2, for 4.T relief from the right side setback in order to construct a 2°d story addition to the existing single family dwelling as shown on the Plan of Land in North Andover, Mass prepared for owner/applicant Thomas & Joan Pennance, 97 Wmdkist Farm Road, North Andover, MA by Stephen E. Stapinski R.L.S., #29876, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810, dated 2/04/03.. Voting in favor: Robert P. Ford, John M. Pallone, Ellen P. McIntyre, and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 10.4, Paragraph of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 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, Walter F. Soule, Vice Chairman Decision 2003-011 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535