Loading...
HomeMy WebLinkAboutMiscellaneous - 98 MARBLEHEAD STREET 4/30/2018 (3)I m rb 0 f6 (6 d O v G 0 v --1 - fl-� r-�Ici V 1dYai iitaP Q Fiadi L340D da am DecisFoQ dna OM /., �o - , ;-.i tot) (e �,ru 0/ Ski �v�7_6C)7 00% 56 IC-1 rc� -7_ x--07 45+evjct F -i- Towr;i of North ktidc ler ZONING BOARD Off' APP ALS r• \li,t':l P. "I'llin 1.l1. I :,q t. P. 1. ! .Ilan I'..\I,. lltt',,r• I Ril!I11 l'(1 I I I's, r:�cl 1�,:•f,11 1.. I-tC 1 , �I 1%st'iIi R_ \C chs tcl nl rc lholwls D.11_pohlo Riclml-d �.I. 1 ):nucl "'. 1?1 ac>c, I .a Any appeal shall be led within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A_ 817 N0RT.Lr 04 (Ito ,-I ON 111",- o q that twenty 20�days 7 ��D95TtD FYP M1 to certify . .9 &stc� a elapsed from date of de -is dn; filed ATTEST: without filing of an appeal. C Date - A True Copy Notice of Decision Joyce A. radshawQ'6weaA-- Year 2007 Ts�wn Clark Town Clerk Provertf- at: 98-100 Marblehead Street NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10, May 9, June 12, & Augustl4,2007 ADDRESS: for premises at: 98-100 Marblehead PETITION: 2007-007 Special Permit Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North North Andover, MA 01845 TYPING DATE: August 21, 2007 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, August 14, 2007 at 7:30 PM upon the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a three-family unit addition, and for a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.D, and Section 10, Paragraph 10.31 in order to add 3 dwelling units to an existing 2 -family structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the East side of Marblehead Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The following non-voting member was present: David R_ Webster. Upon a motion by Joseph D. LaGrasse and 2nd by Daniel S. Braese the Board voted to GRANT a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.D, and Section 10, Paragraph 10.31 in order to add one dwelling unit on the third floor of an existing 2 -family structure and one dwelling unit in an addition to the existing structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot per: Site: 98-100 Marblehead Street (Map 9, Parcels 25 & 22). North Andover, MA 10845 Site Plan Title: Plan of Land, located in. North Andover, MA., at, 98-100 Marblehead Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North Andover, MA. Date (& Revised Dates): March 02, 2007. Revision date: June 26, 2007 Registered Professional John M. Abagis, P.L.S. #35733, John Abagis & Associates, 9 Bartlett Street, Land Surveyor: No. 252, Andover. MA Sheet/Drawing: Job No. 5448 D�,c,,11 SEP 1 BOARD Or'A PEALS' �.-�,<,.a 1 P. It IF -1915 Po -134 -r2ge_e63 a_e9-- .j9 --19-21__j07 & 09 e 40ca Page 1 of 3 I ltil.li'l, I Mildl I14? ?!i - �"u 0,2 2-:�!,. l�; o; -t1; Alic:! oCT. til t.ti5 tl'lal>cUs ll1 lh'>rlll.ur_Icn�.r.ctml ;llhcrt P. Manzi 111. lail. C h(lirnlun lalcn 1'. Mc111tN're. 17cr-!'hr�it�ncrn Richard 1 B.\ers, Fsq, (Vcrk Joseph 1). LiA;ra SSc 1)o�'Id R \Webster 1 cco iale 1lenthws Thomas 1). Ippolito Richard M. Vaillancourt Daniel S, Braese. Esq. Toren of North Andover - ZONING BOARD OF APPEALS ,aORTH� O M 2CEI AU c Building Plan Title: 98-100 Marblehead Street, Residential Renovation & Addition, North Andover, Massachusetts By: Jeffrey J. Cook, Registered Architect #5968, Jeffrey J. Cook Architects, Inc., 4 Jackson Street, P.O. Box 7101, Lowell, MA Date: Aril 4, 2007, rev.: 063007 Sheet/Drawing: A-01 through A-08 With the following conditions: 1. The owner of 98-100 Marblehead Street shall apply for a new Special Permit if the existing and The proposed structure are extended or reconfigured from the 7 bedrooms in 4 units as designed and approved by this Special Permit 2007-007. 2. Adequate, shielded outside lighting shall be provided, as needed, for the parking areas, driveway, and walks per Building Inspector. 3. Existing evergreen shrubs and trees shall be retained and/or relocated, and additional evergreen shrubs, or comparable types no less than 4' high and 4' on center, shall be added to screen the designed parking areas. 4. Trash shall be fenced and secured. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, 111, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R-4 yard setbacks per above site and building plans; therefore, no Variance relief is required per separate decision, 2007-007 Variance. The Board finds that 98-100 Marblehead Street is located in the Residential 4 Zoning District, that the conversion of the existing two-family dwelling to a three-family structure with attached fourth -family addition is an allowed use with this Special Permit, and that there are two-family, three-family, four -family, and one five -family dwelling units, as well as single-family dwellings on 98-100 Marblehead Street's abutter list. The Board finds that 98-100 Marblehead Street is an appropriate location for this use, and this application supports the provisions of Sections 4.122.14C, 4.122.14.1), & 10.3, and Section 9.2 of the zoning bylaw and that the Board may grant this Special Permit for the third and fourth dwelling units on Map 9, Parcels 25 & 22. The Board finds that the third and fourth dwelling units, as developed per above cited plans and conditions, will not adversely affect the neighborhood because the proposed addition, as designed, will maintain the appearance of the existing two-family dwelling by replicating the existing architectural features. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because the lot will provide 8 off-street parking spaces and that 98-100 Marblehead Street has Town water and sewer, telephone, and electrical utility connections. The Board finds that this conversion and extension is in harmony with the general purpose and intent of the North Andover Bylaw and Master Plan, and the third and fourth dwelling units shall not be substantially more detrimental than the existing two-family dwelling to the neighborhood. Page 2 of 3 1600 0sa00d StrccL HPIildin2 20 - :Suitc 2 --lo. Noon :`\n�.li>�'er. -las=autan.isei,t.: tl t S•t t;SS-n;.:;? VVCn-ANNm.1(miioi'nor11?;1ndoker.ca) i 111}crt I'. ti1�uvi 111. L<y. ('hail�ixul I Ilcn l'. "�ichv\r�_ I ic��-(�hniruruu Rich;u l .1 Hers. l:sq. (`lurk lo:<cllh I ). I u(.n assc I)m iLl R. \Vchstel ls,oeiatc Uc-mb,'rs I loilla'; D i})hollto Richurd M. vailLlncourt I)lulicl S. BrwsC, I y. Town of North Andover ZONING BOARD OF APPEALS ,,wary All y�SSAC►il3`��t�� n L 07 XPi U G C 9 Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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. North Andover Zoningand of A s Albert P. Manzi, III, EX., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse Associate Afembers Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2007-007 Special Permit M9P25&22. Page 3 of 3 NY) Os—ood S11 CO- Iklil(IIII}? 20 - Sltlte 2-16. North Andloi er. \;UJ sludm>,21ts OI \tw\\ lov,11411or"Imllilo\"C1,C0111 RECEIPT Printed:09-19-2007 @ 9:40:11 Essex North Registry Robert F. Kelley Register Trans#: 128994 Oper:DELIAL F STEWART Ctl#: 62 Rec:9-19-2007 @ 9:40:04a DOC DESCRIPTION TRANS AMT --- ----------- --------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 .Document Copy -Man - .2.00 Total fees: 77.00 Book: 10915 Page: 184 Inst#: 28068 Ctl#: 63 Rec:9-19-2007 @ 9:40:04a NAND 98-100 MARBLEHEAD RD DOC DESCRIPTION TRANS AMT NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Document Copy -Man 6.00 Total fees: 81.00 Total charges: 158.00 CHECK PM 000 158.00 SC��I S � SEP 19 NO gOARo pP pPPEPALs I Town of North Andover 'loam CIrrk. •Iinic Stamp ZONING BOARD OF APPEALS._ F.� I V. ri Albert P. Adanzi III, Esq. Chairman Ellen P. McIntyre, f ire-Cbainnarr Richard 1. livers, 13sq. Clerk Joseph D. LaGrasse David R. \Vebster troerahe Afemherr Thomas D. Ippolito Richard NI. Vaillancourt Datue..l S. Braese, Esq. 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. 40A, §17 ,AORTH q 0 � 17 �'+�rco r.tPygS 9SSA C H�1S�� Notice of Decision Year 2007 20001 AUG 29 P" -4t.0f 5 I! r MA Property at: 98-100 Marblehead Street NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10, May 9, June 12, August 14, 2007 ADDRESS: for premises at: 98-100 Marblehead PETITION: 2007-007 Variance Street, North Andover, MA 01845 TYPING DATE: August 21, 2007 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, August 14, 2007 at 7:30 PM upon the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a three-family unit addition, and for a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.1), and Section 10, Paragraph 10.31 in order to add 3 dwelling units to an existing 2 -family structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the East side of Marblehead Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Brame. The following non-voting member was present: David R. Webster. Upon a motion by Ellen P. McIntyre and 2"d by Daniel S. Braese the Board voted to Withdraw without Prejudice the dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a 3 -family addition. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R-4 yard setbacks per above site and building plans; therefore, no Variance relief is required. Na Andover honing B96rd,6f Ap rt P. Manzi, III, E4., Chairman llen P. McIntyre, Vice Chairman Joseph D. LaGrasse Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2007-007 Variance. M9P25&22. 1600 Osgood Street., F3uilding 20 - Suite 2-36, North !Andover, Massachusetts 011845 I'ht» ie - 978-688-9541 l'ax - 978-688-9542 Web - NVNN-va.tosv�llofilol-tlitindover.cont Town of North Andover Town clerk Tinic Stony ZONING BOARD OF APPEAL$ : `` �`!f- . ,.. Albert P. \Manzi 117., F.sq. Chairman lalen P. t\fclntvre, I .ice Chairman Richard 1. Beers, FS(I. Clerk Joseph D. LaGnasse David R. \A cbster As.rnnaGr Members Thomas D Ippolito Richard M. V aillancouri Daniel S. Braesc, Esq. 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. 40A, § 17 e NORTH q O tt�co ;6` do Or F- a1 Notice of Decision Year 2007 2007 AUG 29 F � 3, 16 ,Uii t 1 Property at: 98-100 Marblehead Street NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10, May 9, June 12, & August 14, 2007 ADDRESS: for premises at: 98-100 Marblehead PETITION: 2007-007 Special Permit Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North North Andover, MA 01845 TYPING DATE: August 21, 2007 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, August 14, 2007 at 7:30 PM upon the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a three-family unit addition, and for a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.13, and Section 10, Paragraph 10.31 in order to add 3 dwelling units to an existing 2 -family structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the East side of Marblehead Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The following non-voting member was present: David R Webster. Upon a motion by Joseph D. LaGrasse and 2nd by Daniel S. Braesc the Board voted to GRANT a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.13, and Section 10, Paragraph 10.31 in order to add one dwelling unit on the third floor of an existing 2 -family structure and one dwelling unit in an addition to the existing structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot per: Site: 98-100 Marblehead Street (Map 9, Parcels 25 & 22), North Andover, MA 10845 Site Plan Title: Plan of Land, located in. North Andover, MA., at, 98-100 Marblehead Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North Andover, MA. Date (& Revised Dates): March 02, 2007, Revision date: June 26, 2007 Registered Professional John M. Abagis, P.L.S. #35733, John Abagis & Associates, 9 Bartlett Street, Land Surveyor: No. 252, Andover, MA Sheet/Drawing: Job No. 5448 Page 1 of 3 1600 Osgood Street, Building 20 - Suite 2-36, Nortli Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Wet) - Nvww.tonZioIli orthandover.com Albert P. Manzi ill, Esq. Chairman Ellen P. Mclnt�re, 1'iee-Chairman Richard J. Byers, I'sq. Clerk Joseph 1). LaGrasse David R. Webster Associate Hembers Iliomas 1). Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS NORTty . o o p `* �o */ Town Clerk Time Scarnp 2001 [Ai � f 29 Building Plan Title: 98-100 Marblehead Street, Residential Renovation & Addition, North Andover, Massachusetts By: Jeffrey J. Cook, Registered Architect #5968, Jeffrey J. Cook Architects, Inc., 4 Jackson Street, P.O. Box 7101, Lowell, MA Date: Aril 4, 2007, rev.: 063007 Sheet/Drawing: A-01 through A-08 With the following conditions: 1. The owner of 98-100 Marblehead Street shall apply for a new Special Permit if the existing and The proposed structure are extended or reconfigured from the 7 bedrooms in 4 units as designed and approved by this Special Permit 2007-007. 2. Adequate, shielded outside lighting shall be provided, as needed, for the parking areas, driveway, and walks per Building Inspector. 3. Existing evergreen shrubs and trees shall be retained and/or relocated, and additional evergreen shrubs, or comparable types no less than 4' high and 4' on center, shall be added to screen the designed parking areas. 4. Trash shall be fenced and secured. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R-4 yard setbacks per above site and building plans; therefore, no Variance relief is required per separate decision, 2007-007 Variance. The Board finds that 98-1.00 Marblehead Street is located in the Residential 4 Zoning District, that the conversion of the existing two-family dwelling to a three-family structure with attached fourth -family addition is an allowed use with this Special Permit, and that there are two-family, three-family, four -family, and one five -family dwelling units, as well as single-family dwellings on 98-100 Marblehead Street's abutter list. The Board finds that 98-100 Marblehead Street is an appropriate location for this use, and this application supports the provisions of Sections 4.122.14C, 4.122.14.D, & 10.3, and Section 9.2 of the zoning bylaw and that the Board may grant this Special Permit for the third and fourth dwelling units on Map 9, Parcels 25 & 22. The Board finds that the third and fourth dwelling units, as developed per above cited plans and conditions, will not adversely affect the neighborhood because the proposed addition, as designed, will maintain the appearance of the existing two-family dwelling by replicating the existing architectural features. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because the lot will provide 8 off-street parking spaces and that 98-100 Marblehead Street has Town water and sewer, telephone, and electrical utility connections. The Board finds that this conversion and extension is in harmony with the general purpose and intent of the North Andover Bylaw and Master Plan, and the third and fourth dwelling units shall not be substantially more detrimental than the existing two-family dwelling to the neighborhood. Page 2 of 3 1600 Osgood Street_ Building. 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - �rti»�.tow7io{i�orthandovcr.cam Albert 11. Mann 111, Esq. Chairman }:Alen 1. Mc1ntwe, 1 ice -C hai7nran Richard J. Byers, Esq. Clerk Joseph D. 1"'iG asse David R. Webster , lssoeiwe Menihers Thomas D. 1ppolito Richard M. Vaillancourt Daniel S. Bmese, Esq. Town of North Andover ZONING BOARD OF APPEALS /µORTFy � / Q ST�eU ;6a tiO Q Town n laerk 1-11110 Simly 200.7 AUG 2 9 F 1 i 6 Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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. Nortfi Andover Zoning of A s At6ert P. Manzi, III, EA., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Decision 2007-007 Special Permit M9P25&22. Page 3 of 3 1600 Osgood Street, Building 20 - Suite 2-36, North Ajidover. Massachusctts 01845 Phone - 978-688-9541 Fas - 978-688-9542 Web - wsNnv.to«aiofiiorthvldover.com Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS - EIV EUM r r, r Albert P. Manzi III, Esq. Chairman TOW i �' o ' 5 `F i 1.,. r. Ellen P. McIntyre, Vice -Chairman f NORTH Richard J. Byers, Esq. ClerkHAR,��; Joseph D. LaGrasse c ' �- a °�, 2001 g `' 2 David R. Webster a Associate Members Thomas D. Ippolito " "� � gg" `; ; ` ` ' �► i'Y X71; � i 3 s` ;.. _ Richard M. Vaillancourt Daniel S. Braese, Esq. 9SsAC14U Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the of AP�� m I& 2007 at 7:30 PM to all parties interested the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting a dimensional Variance from Section 7, paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a three-family unit addition, and for a Special Permit from Section 4, Paragraphs) 4.122.14.C, 4.122.14.13, and Section 10, Paragraph 10.31 in order to add 3 and from Section 9, Paragraph 9.2 of the 2 -family structure a dwelling units to an existing Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre- existing, non -conforming lot. Said premise affected is property with frontage on the East side of Marblehead Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman published in the Eagle -Tribune on March 26 & April 2, 2007. 6 Legalnotice 2007-007. M9P25&22. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com 3 3 -� ?- + -7 : q - ,-- Zoning Board of Appeals North Andover Hearing No.: ZOA-2007-0024 Date: April 2, 2007 APPLICATION TYPE: SUBMISSION DATE: Res. Variance & Special Permit Tue Mar 13, 2007 Annlicanft Name: NAME: Stewart, Frank 6 Joanne ADDRESS: 115 Blue Ridge Road TOWN: NORTHADOVER STATE MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: Stewar4 Frank B Joanne ADDRESS: 115 Blue Ridge Road TOWN: NORTH ADOVER STATE: MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: 98-100 MARIXEHEAD STREET R-4 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING CLOSE DATE: GIS # MAP: BLOCK LOT: ACTION TAKEN: 201 009.0 0025 HEARING TIME: VOTING DEADLINE: Reasonforfiling: Dim. Variance for rear setback in order to construction addib m, SP for pr® -existing, non-combnaing lot 6 structure from 9.2 6 SP from 4.122.14.D & 10.311n order to add units 3-5 to the 2 family dwelling. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: RUNG DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE HEARING DATE: Tue Apr 10, 2007 VOTING DATE: DECISION DATE SECOND ADVERTISING DATE HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1988 Des Lauders & Associates, Inc. TRAHSMI`-'cIOH VERIFICATION REPORT TIME 011'2312008 08:37 NAME HEALTH F-""-' E86888476 TEL 9186888476 SER.# 000B4J120960 DATE.TIME 01123 08:36 FAX NO. /NAME 89^x68 70253 DURATION 00:01:06 PAGE %" S. t7i RESI - LT OK MODE STANDARD TO: ZONING BOARD OF APPEALS community Development Division FAX lluNSMISSION N FAX NUNMJ I �,R: MOM: Ton of North An'dover zon6ig.ftard of Appeals t6O6 Osgood Street FAx: 97s -6,W9542 ]PRONE: 07"88-954.1 CoArcirl& P.2ges: 2-4 SubjcO: 7 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman o� NORTH A Ellen P. McIntyre, Vice -Chair o2 Richard J. Byers, Esq. Clerk — p Joseph D. LaGrasse 41LDavid R. Webster p�RATEO "pP �'C�/ Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. To: Mark Rees, Town Manager Curt Bellavance, Community Development Director Gerald Brown, Building Commissioner Tom Licciardello, Chairman, Board of Selectmen i CC: Zoning Board of Appeals Applicants. of Record cl L�` From: Albert P. Manzi III, Esquire, 766 ( �7_ Re: Fee Waivers April 10'h2007 Date: April 11, 2007 one -�2 Please be advised the Zoning Bo 10'h2007 meeting to waive all zoning fees for the bel, 1) Frank Stewart 2) North Andover Housing Authority / 3) Crusader Paper Company, Inc. 4) John & Heidi Watters i 5) Downer Brothers Landscaping, Inc. The Zoning Board of Appeals hereby orders that the above named applicants be reimbursed all zoning fees by the Town of North Andover forthwith. � C E � W 10 APR 13Z 007 BOARD OF APPEALS 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978-688-9541 Fax 978-688-9542 Web www.townofnorthandover.com ,e_ O pp �-- s �� � III ��I 6e ".— Ki,joc ot ".— Ki,joc i�••••yyy'''�����} 111�' •'�•,�'� �s ... �:wi - '.�! - ��.` ,erarl' •'re6,Jlk • may.. 47u. / !' � W~Or Y Pt �_ �?I"T Sit!'• ! s.r r,+!st^ }a e • T C�` A` 17 11, • i � •,• � Nit. 'R r � • n f '� � _. , '"F'��; 1 �r>. �{" ��]3-?ii�';t�fyy v;��' Imo` .ar A.. �l \ ;• � � err � i t �1 5�i�y Y \, t. l..0 -�,; -f .- �✓r '... x,Ia'' cry 1A.5 .0 �• 1;• 4^ Si. .tom %!.-�'!� d �.ox1, t{ a �Aa4.Mf v"i1+' ' M l 3''tr�k, •a+ �, 'tir�'s��r. .t 1�� �>` n [ • +5. � *.. �,r • 'it ! t fly; % 1 `. \'1t `h�� ', 7, � TTT _!��,'�`,y� C , + it v � �i .'f lr ) �'(+iNJ!1 i\ ,�i n 11.•�Iy sr' .y i��t � ! � 4,,�i i b� �1 1t y.�L.�,� . ea . I ��:. S•`�?ti•�' ti T.P TV 11 •� ,c. �,• t< s , ., may%^ � � � r7fY ttF;<�'4 Y t 'vi +�. = s t. �` .,.., , * � _?�'7 ti r 'r'n ,t� .t [.rnhr r j. •�5sl, e . y 41 np t l,t' 'u s v sv+.� ,,� y t •r[, \ 1 -{� � `}l `'�� k*yC `tett g •,� S .4� �7. x ` Y fib; { `i+`.• - • •w � �,� ` .. ^{. t^[ Vit., 4 �;'� w StYf � y �! 6 /j'M `o rf *• 1';a�4t�+-f k` rl � �' `�n�;:frii'''r'tij. mi� A J4 -Ald OUR lit •iiiiiiiiii'i rl i'�ii'i • � �'i � ��ii - I - q � thL M�-,A lue Lill - Ful �� �i 0 AUG 14 ZOO/ BOARD.O 1- Ilk 77 OAR 9 t .�IIIiI� W "'`. ,�'� .•!)� _ i Cc tn.,�,•. } ..mow 9i1 •..�� w� ,rr, v 09 .n o Io 4,1 1r� r:l \1 J11 I i•yYi{, .�;.'s'1" t 4 at ,cr. a+, gra":Me, ML. - �aYMJ�N ir>.l> pfrP ' g Y! � �'•Y �f Pm{ 4(.' . 4 , d ' ,14' _ �iy,��` 1 » I .: :tN �Yf �C �# E':� ''tl�SXt�#' r ��4• 4y�r4+i�> . �w` t, (� l�'a 4e, .fc 1 :t c r• sYl� 1.4�J'li �`, vi<. ! �f:�Jt,Y ri 4, .tll! 1• ,. i!.'• tv '.rl F• ��'�,, R ,�y, ��� tS ,µr" 4'f rt `i*' F (i ..'�` a .rlry''le�t�`.accr. 4R,qI�'•y,. tY�i>hr 'iei���k�j r7t +w1'tt`� ,'i tC �'` i1'tttT t'��y t 9 r �'.: l „+,• R;dka2'Yt...; '� s r "rl 'C rata r I _ t ...I .. I -_* I it i; • 4 r r M .� Yiyl 1 •. s y i h� '°i Yin • .,�...' r � '�i �j ) �� ! ?ted 19�• \. I ;�'q 4i t' L ,+ "1 �• yr ,' t a r � r til yl I '��I, F Yil 1, r. < ` x t* ar"_1-P .,',.� ..lir" �•-/•� .,' t.: �, . `Nlrr'.. �' , • r � � , ,� �w � "`lei `� •- } t �: berry �° . ,•u rr W�4v; .. '� ....4 J n.7 Nr in•k, ,� �w � "`lei `� •- A to Z f \• � rv4 s®r ,.ww„ , ., •x3,2 :. -,^.� ' ., -- ... 07/11/2007 09:54 9786888476 HEALTH PAGE 02/03 ZONING BOARD OF APPEALS tommuo4 Development Division R" E C EIV E 5wn nark Twe Stomp 2007 JL 12, 11 QP 59 r' ' N u . e' af,i-1-H A�010"! 'R, IASS AS6rW: Date 2- 10- D2 To.- Tmm of Noxtb Andover Zoning Board of Appeals 9 800 Osgood Street North Andover MA 0 1845 Please he advised dw i have agreed to Wawa the tii-ad CON mints for the N*rth Andover Zoning Roard of A,ppeah to make a decision regalnding the granting of a A Variance (408) Finding for property located at: STREET: q l 673 y�L�f e �ea 't'f Pe MA,P: PARCEL: �� -L- TOWN; North -Andover. MA 0 NAME OF P xf- 1600 OtInd Sweet, ldattM Andevar, Massudwse"s 01945 U01-001 Ihwo 918.6 US4r :M M.M.9542 Web www.t*yw1nw#=do►erwm Town of North Andover, MA - CANCELED - Zoning Board of Appeals Meeting Page 1 of 1 Site (' This Folder Search 3 Advanced Search i Adobe Reader u CANCELED - Zoning Board of Appeals Meeting Tuesday, July 10, 2007 at 7:00 PM Town Hall Meeting Room Printer -Friendly Version .i'Ti9�'[ii� ALL AGENDA ITEMS SCHEDULED FOR THE REGUARLY SCHEDULED ZBA MEETING OF JULY 101h CANNOT BE HEARD, AS A QUORUM CANNOT BE REACHED. ALL AGENDA ITEMS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF TUESDAY AUGUST 14TH AT 7:00 P.M. AT TOWN HALL 2nd FLOOR CONFERENCE ROOM. L,e ," I THE ZBA AND STAFF APOLOGIZE FOR ANY '.Mirtual Towyn Half' INCONVENIENCE. Municipal Sftea. virt=:r�HownfAcll�at*t North Andover Town Offices 120 Main Street, North Andover, MA 01845 Phone: (978) 688-9501 http://www.townofnorthandover. com/Pages/NAndoverMA_Calendar/SOOFBE47D-OOFBE... 7/10/2007 DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (978) 682-4153 FAX (978) 794-2088 EMAIL djs@djscalise.com July 9, 2007 Albert P. Manzi, III, Esq., Chairman North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 RE: Frank Stewart (Applicant) 98-100 Marblehead St., North Andover, MA Dear Attorney Manzi: Concerning the above -captioned applicant, and pursuant to our telephone conversation of this day, I am advised that certain members of the North Andover Zoning Board of Appeals have not yet been reappointed to their positions by the Board of Selectmen, and are therefore, unable to vote on my client's application for a special permit/variance. Accordingly, request is hereby made that my client's matter be continued from the regularly scheduled hearing date of Tuesday, July 10, 2007 at 7:30 PM to the next available date when all necessary members have been authorized to vote. Kindly have your office notify the abutters who have been in attendance the last few months of this change in scheduling. Contact me directly if there are any problems with rescheduling this hearing. V truly yours, Domeni . Scalise DJS/t ECMM, W9 JUL 10 2007 BOARD OF APP, Ob/14/200/ 08:25 FAX 9781842066 06/14/2007 10:04 9786888476 LAT OFFICES HEALTH it 001/001 PAGE 02/02 Town of North Andover -^ �,EcfiM�r,�i, ZONING BOARD Off' APPEALS T n �' � t.. � cz � s � � 1 � �; Albert P. Manzi III, P*q, Chebmncrk Elkn P. Mcim ffl. Piice-Chairman NORM .�� 2007 JUS 14 9 4: ! Joseph D, LsGrasae David R. wabma 7x AThor D. D ate+ +i NORTH ANDOVER Ridard M. Vaillaneourt u + A$�, � i `` Daniel S. Briese. Esq. 8:^e ue►� Date J. e. ! W _ Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 0 t $45 Please be advised that I have agreed to waive the time cotutraints fol' the North Andover Zoning Board of Appeals to make a decision regarding the granting of a (:Vatee- rianc9al P omprehensive Parfait (408) Finding for property located at: STREET: 44 — MAP: ! PARCEL: .§ 41 P j TO MEETING DATE(S): NAME OF SIGNED: retitliona (or tioner's represemtaelve 1600 0AWMd Street, BuihNns 20 - &ulM 2.36. Norio Andrwer. Mom-hu.mw 01 RAS Phone - 978.688-9541 Fax - 978-C•88-9542 Web -—.towncrfnorth jndorar.00m 4150 S 8,700 sF 901 16 30 p 12,545 sF 4 36 4150 SF 2 10,66319 SF It 8 863 sF ,000 SF �ryTIX r 1� 513 sF 31 10 -: y toy' p 9,385 SF 39 4 150 SF 3 h SF 73s 35 7 0 25,080 SF & * 25 7A 32 5 9,675 SF 40 2 h , 14 7sF °'' 7,875 SF 4,240 SF 5,450 SF 7,720 SF 4,040 SF 3,870 SF 6,265 � .. �s11,700S, ` 46 5 44 43 4] 51191 5,555 SF iv 4 42 50,� r 79' 8,008 Sp a 51, 52' WIN ST. 6 93 9 45' 62' ANNIS STREET 113' _ 133• B 74 9 l4 10 Of tt i 9 11,780 S.F.1 11500 S.F. 6,770 S.F. 4,568 .F. �. � 1 4,880 S.F. 5,013 S.F. 13,700 S.F 14 a 6 R j ! °iia ?00 r 75 ! 6,540 S.F. i 10,695 SY 24: f� a E 3,675 S.F. 1: 18 7 f,, 3 ..SCJ 22 26 C1 1 20� 1 17' e W I � �+ 6,640 S.F a 15,000 S.F. 16,920 S.F. 12,596 S.F. 16 8,250 S.F. 8,250 S.F. 9,500 S.F. 1 ::` 6,208 S.F. 7.000 S.F. 7,000 S.,` 9,500 S.F. 7,080 S.F. 4,750 S.1 e yi. 3 e "�= �3r ...._,"�" 1�'' 1r 1a 1e1a °► i ` MARBLEHEAD STREE 69 9T 61' !1' n r:.1y,.,.c11'".....'"..,,,�,va_toi•'-._- n, 1n ;. A70 ° 71 28 A Z► 40 { �a 72 O b x 27 5,865 S.F. ; 41 if 4- r 45 5,000S..F �. 10,450 S.F. 8,990 S.F. 38 s 4 cfpl A 47 37 4 x , �p 9,500 S. h 8,110 S.F. g _ 9,320 3.F. 18,81A S.F 14,750 S. 6,004 S.F.' ---.�;��J �.: Key Index 29 - 36 33>: 32 Black Outline (me) =Abutters ` Green Outline O =Stewart I 13,282 S.F. 12,459S.. Yellow Dot ( ) =Single F, () 30 � Pink Dot =Two Fan J ' x✓f+; _ b 34 h S_ dy 5'712 S.F. 3624 S.F. Orange Dot ( ) =Three Fa 35 9,373 S.F. Blue D=Four Fan 9.396 S.Fi 31 64 Dot ( ) '9'65U S.F. 5 Unit O =Five Farr 1:• 3d, 5,135 S.F. toa 4,004 S.F. 3,848 S.F. 23,400 S. S -�o kaTl i- BEVERLY STREET SEE PLAT NO.5 MEASUREMENTS ARE S Rr)Apn nF APPFALS 4750S . 8' 700 SF 9 30 Q 12,545 SF »* o w 16 4 _ 36 }; 4 750 8 863 SF 10,663 SF 19,000 SF 1 c �'1 513 SF 11, 31 r 10 r , R yz4 u 9,385 SF 39 47505E 3 h 73s35 SF 00 25,080 SF ' : o 32 5 40 ax 12 1 9,675 SF SF 7 nth ►�? 14 7,875 SF 4,240 SF 5,450 SF 7,720 SF 4,040 SF 3,870 SF 6,265 p.n 1 z�'`5 46 411 si: ,555 SF 11,700 s �'-� 45 44 43 42 79 10 8,008 SF °' 8 ti~iBALDW�J ST. 51, 52 6 1 62' 93' r 9 45 ANIS STREET -- 103' 3 , 133• 8 6 74 - -- 101• 50' 19, 10 it � ( 1U 11 lL 9 11,780 S.F. 6,170 S.F. 4,568 F. 11,500 S.F. 'k 4,880 S.F. 51013 S.F. 13,700 S.F 1 14 c 6 --- i4,700,9 -F, 75 6540 S.F. , 1 a F 10,695 S.F h �, 24, E 3,675 S.F. ` < 1. 17 7 22 Zi, ; 20 j :. 1826 L . W ` 6,840S.1 r . 15,000 S.F. 16,920 S.F. 12,596 S.F. 16 ° \ 1 6,208 S.F. IOD 7,000 S.F; 1 8,250 S.F. 8,250 S.F. 9,500 S.F. 9,500 S.F. 3 3os m qq 7,080 S.F. 7,000 S.F. aIa 4,750S.] d50o 54, MARBLEHEAD STREE 72 1 61' !1' 1 !1' - . 103'• !P OC , 102' p' 4 3'x 69 " 66 I 719 40 ! 72 28 Z 27 5,865 S.F. �y 41 4'2 45 5,000 S.F. 10,450 S.F. 8,990 S.F. th 38 i B 4 f r 47 " 37 _ 4 ^ 6,004 S.F. 8.110 S F ! 9,320 3.F - 18,810s.m. -^ 14,750 S. 9,500S. e9 Key Index 29 4.. Y 36 Black Outline(me) =Abutters 32 �/A p : - Green Outline O -Stewart I 714- .r 13,282 S.F. 12,459 3.F. Yellow Dot ( ) =Single FC, F." 30 Pink Dot (C?) =Two Fan f 34 h 5,712 S.F. 3 624 S.F. Orange Dot (®) =Three Fa 35 9.,3396 S.F.' 31 h 64 9,373 S.F. Blue Dot ( ) =Four Fan s � 19,650 S.F. 5 Unit a =Five Farr s:• la, 5,135 S.F. toa 4,004 S.F. 3,848 S.F. 23,400S. 1 S -�6 T�' i- BEVERLY STREET au �rvvv Lv1A1 J llt�!' _ SEE PLAT NO.5 MEASUREMENTS ARE S Rnhpn nF APPFALS I ..1 - R .1 - - y1 O 00 >�� n i N i t } D' s „•.,4,.rr f y j i i r � T-1 I 17 3, S2' Existincl rrrn � � . � �� .. • .,., x ,��' �' rpt dN�. r - La n � r l k h (� � 1��� � '-- Lia 4 � � �• k � �} ti} a s r.0` i ` �• «"moi 7-71 � ,� y 1 a yh y n •'''°i � � � r+ � � t c"y �++ � -.fes Ul �Lp�y W h� r n r, u n � � _ ifpr 74 w PF fi t, n Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman AORT11 q Richard J. Byers, Esq. Clerk ? o �t? `` ;",,~o Joseph D. LaGrasse c David R Webster 0- n Associate Members Thomas D. Ippolito cD� 4' Richard M. Vaillancourt p°gtTfD �TP`,�9 Daniel S. Braese, Esq. 9SSACHUS�� Town Clerk Time Stamp Vv`'t TOU'LCE t -CF, OF 2097 JUH - 4 Pij 4: 61 NORTH A1-4D0VQr' SSACH6 E T 6 S The Zoning Board of Appeals is holding a workshop concerning 99-100 Marblehead Street June 7, 2007 3:00 to 4:30 PM In Conference Room 2, top floor Town Hall, 120 Main Street 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Glennon, Michel From: Johnson, Adele Sent: Friday, June 01, 2007 3:45 PM �.-TQ: Glennon, Michel Subject: RE: ZBA in Conference 2? All set --_ Original Message ---- From: Glennon, Mich Seft Friday, June 01, 2007 2:54 PM To: Johnson, Adele Subject: ZBA in Conference 2? Hello, Adele; the ZBA would like to book the 2nd floor conference room from 3-4:30PM on Thursday, 6-7-07. Thanks, Mich. 6 -J'n7 i U�5 VLOvks 14 0 /5 rC4V u l -f Q'oc>, 0 0 -p- IIs t 3© X174 ' 613 oil 1'7 X74-- 6�3 - 396Y- A- b465- /a2 5+ gra ?40-z,L y7-6—�g7- s�v� G�aCt) 97�-6q7-'� /`s m j mm rl m to s Jz 1 TO/T0 39Gd Hl-lG3H 9LV88898L6 9Z:DT L00Z/10/90 � C, n n ®a2 C9 m m � � r c 2 SAC O r m ;7l; µ .c CIO 0 64 x O 0,644", 0 �+ ,et o. G^ 02 ji'bw �1rf?r m j mm rl m to s Jz 1 TO/T0 39Gd Hl-lG3H 9LV88898L6 9Z:DT L00Z/10/90 D` '6N PLANNING DEPARTMENT Community Development Division MEMORANDUM Date: May 9, 2007 To: Zoning Board of Appeals From: Lincoln Daley, Town Planner(* Subject: Frank Stewart, 98-100 Marblehead Street, expansion of existing multi -family to five units. This memorandum is being submitted at the request of the applicant Frank Stewart to provide a brief summary of the events leading up to Zoning Board of Appeals Public Hearing on May 9, 2007 and general recommendations on behalf of the Planning Department. I am in receipt of the following plans: Below please find my review of the following plans submitted to this Department: Plan titled: Plan of Land Located in North Plan titled: Frank Stewart — Proposed Andover, MA Residence Addition At 98-100 Marblehead Street 98-100 Marblehead Street North Andover, MA Prepared for: Frank Stewart Design Development Drawings 115 Blueridge Road ("Progress Print") North Andover, MA Prepared for: Frank Stewart Prepared by: John Abagis & Associates 115 Blueridge Road 9 Bartlett Street, No. 252 North Andover, MA Andover, MA Scale: 1" = 40' Prepared by. Not Stated on Plans Date: March 2, 2007 Date: May 2, 2007 Sheets: 1 of 1 Sheets: Cover Sheet, Sheets 1,2,4,6,7 (Note: Sheet 3 & 5 not provided) Technical Review Committee Meeting The Technical Review Committee (TRC) is an established forum whereby applicants can submit development plans of proposed projects for an informal discussion and comprehensive review with various Town departments. This forum was established to enable discussion of the impacts of development on the Town and to help the applicant discover and remedy potential roadblocks during the regulatory process. A Technical Review Committee Meeting was held on February 15, 2005 to discuss the expansion of the existing residential dwelling structure located on 98-100 Marblehead Street from 3 units to 5. The design of the building addition would be a continuation of the existing architectural style of 3 -unit structure. The pro osal lls for the construction of a two story addition consisting of more than a 2,000 square building MAY 9 - 2007 U 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com BOARD OF APPEALS footprint and a 10 space parking lot. In attendance were representatives from the Building, Conservation, Fire, Health, Planning, and Police departments, the Division of Public Works and the Applicant. The following topics were discussed during the course of the meeting. ➢ Land Use Board Review: The proposed structural addition is located 15.7 feet from the rear setback located on the northeastern property line and approximately 6 feet from northern property line. Gerry Brown, Inspector of Buildings, stated that the property owner would be required to apply to the ZBA for a variance to construct the propose addition. In addition, Mr. Brown stated the addition of the two proposed units would require a Special Permit in accordance with Section 4.122.14.C. of the Zoning Bylaw which states: "The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10.3, 4.122.14.B, and 4.122.14.D." Lincoln Daley, Town Planner, stated that the proposal would require a formal application and review by the Planning Board. The project calls for the addition of more than 2,000 square feet to the existing building and 10 parking spaces. North Andover Zoning Bylaw, Section 8.3.2.1 states that any new building(s) or construction which contains more than two thousand (2,000) square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five (5) or more new or additional parking spaces requires a Special Permit from the Planning Board. ➢ Fire, Safety, and Access to the Property: The project was reviewed by the Fire and Police Departments to ensure that the proposal satisfies the state and municipal safety and fire codes. Andrew Melnikas requested that the addition incorporate a residential sprinkler system. The Police Department had no issues with the application. Mr. Brown stated that the building will be required to meet ADA building codes. ➢ Parking Lot Design: Mr. Daley reviewed the parking lot design and expressed several concerns. The angled parking spaces limit access to the property, interior vehicular/pedestrian circulation and congestion, and possible cueing onto Marblehead Street. Mr. Daley recommended that the applicant consult with a traffic engineer to improve the parking lot design to alleviate the above stated concerns. ➢ Landscaping Mr. Daley reviewed the proposed landscaping design. It was our understanding that the applicant was intending on preserving the existing trees onsite. Mr. Daley recommended that the applicant maximize the number of plantings along the perimeter of the property to provide a visual buffer for the neighbors and to prevent headlight spillover onto abutting properties. ➢ Architectural Elevations and Design The proposed architectural design is a continuation of the design for the existing building. The applicant stated that the continuation of the architectural design would match the existing look and feel of the neighborhood. The Committee recommended that the applicant consider the impact of the project to the general neighborhood and propose a final design that would not be considered noxious to area. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9541 Web www.townofnorth and over.rom ➢ Summary: The TRC provided guidance on required process before the relevant Land Use Boards. The Committee seemed generally satisfied with the project and that the applicant will incorporate the concerns/recommendations into the application before the ZBA and Planning Boards. FORM A (Approval Not Required Plan) The applicant submitted a Form A (Approval Not Required) Plan on February 28, 2007 to combine Assessor's Map 9, Map 25 and Map 9, Map 22 consisting of approximately 6,208 s.f. and 7,000 s.f. respectively. The combined lot contained met the minimum dimensional requirements of the Residential 4 Zoning District of 100 feet of frontage and a minimum lot size of 12,500 s.f.. No wetland resource areas existing on the property. The Plan was approved by the Planning Board on March 12, 2007. (See attached decision letter) PLANNING DEPARTMENT REVIEW: 1. Proposed Building Design: ➢ Materials The applicant should provide samples of the all materials proposed for the exterior of the proposed addition for consideration. It is unclear if the applicant intends on renovating the entire building or simply the addition. The Board should provide input on the type of materials preferred. If vinyl siding is chosen, the type and design should be of high quality and not detract from the aesthetics of the proposed buildings or neighborhood. The applicant will need to demonstrate that the proposed design is compatible with the architectural features and exterior materials of the surrounding structures. ➢ Design As stated earlier, the architectural design of the proposed addition is simply a continuation of the existing design. The applicant will need to demonstrate that the proposed construction or substantial alteration (ie. addition) compliments and reinforces the design features of the neighborhood. As part of this discussion, the applicant will need to provide the Board a summary of the surrounding uses (ie. single-, multi -family homes) to better understand the character and make-up of the neighborhood. The 5 -unit multi -family structure will be the one the larger structures within the neighborhood. The applicant should provide an analysis on the square footage of the project compared to the average square footage of abutting structures. ➢ Submitted Plans The design development drawings should be revised to show an accurate measurement of the building from the side property line and the length of the proposed building. In addition, the plans should provide the total square footage of the addition and building. The plans should be revised to show a 1" = 20' scale. The plan labeled "Plan of Land" should clearly show the project area. It is recommended that the applicant resubmit the plan using a 1" = 20' scale focusing primarily on the project (parcel) area. 2. Open Space and Landscape Design ➢ A landscape design plan will be required as part of the Site Plan Special Permit Application before the Planning Board. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com ➢ The construction of the parking lot and addition severely reduces the area of open space. In an effort to maximize open space and improve the overall design, the applicant should consider a mixture of additional plantings along the perimeter of the site. The plantings should provide a natural vegetated buffer to limit the visual impact of the building and headlights from cars parking within the site. 5. Drainage and Stormwater Management Plan: A Stormwater management and drainage design plan will be required as part of the Site Plan Special Permit Application before the Planning Board. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.towoofnorthondover.com �, 1V D Town of North Andover T C17': " ' `'; Office of the Planning Department Covpmunity Development and Servkff p ,,h*)i Q Osgood Landing 1600 Osgood Street Building #20, Suite 2-36 North Andover, Massachusetts 018451 A `; `•a ,'. "ORTh O � 1- A N � ��SS�cHUS t� March 12, 2007 Mr. Frank Stewart 115 Blueridge Road North Andover, MA 01845 Reg: ANR for 98-100 Marblehead Street, North Andover, MA 01845 Dear Mr. Stewart, As you are aware, the Planning Department received a Form A plan on February 13, 2007 proposing one lot line change. The purpose of your request is to combine two existing lots into one lot i.e., the lots on Marblehead St. Map 9, Lot #25 Parcel 1 which contains 6,308 s.f.; and Map 9, Lot #22 Parcel 2 which contains 7,000 s.f.; for a combined total lot consisting of 13,308 31 The process will allow the combining of two lots into one lot as shown on the Plan of Land dated March 2, 2007, as drawn by John M. Abagis, PLS #35733, John Abagis & Associates, Professional Land Surveyors, 9 Bartlett Street, #252, Andover, MA., 01810. The plan has been reviewed and endorsed. Sincerely, Lincoln Daley, Town er cc: file N C EE W I MAY 9 - 2007 D BOARD OF APPEALS var'vvu A'almung Town of North Andover 1600 Osgood St. Bldg. 20, Suite. 2-36 PlanW7,g Dep'. North Andover, MA 01845 El\,/r-D FORM A TO APPLICATION FOR APPROVAL NOT REQUIRED 2007 FEB 13 P11 1: 6 DATE: NORTH MIA (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law isnot .W4W—A Z11' .00 - A4- A*- -po(^o f7ov6d7-4:f1jPr 1. Name of 2. Location and Description of Property linclud Assessor' Map andLot and ZonlngD1stHct(s)j:_ ;!�= L� 7, -5 3. Deed Reference: Book 7 3 6 5 page YS or Certificate of 71de: 4. Name of Sur'veyor: Je Z 5- 1 ., ,moi A Signature of Owner(s):---F'�-" fe 4.17. 0,L 53 Please indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: (I. " Has the frontage, lot area, and lot width required under the Zoning By-law on: a) a public way, or b) a way which the Town Clerk certifies is maintained & used as a public way, or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use, or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been dearly marked on the plan to be either: a) joined to and made part of an adjacent lot, or b) labeled "Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control law. D. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North Andover Town Clerk (date stamp): Signature of Town Official receiving this application: 2001 tolAR 20 i, 1 i � Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under]*k*; Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L. c. 41, s. gl-L and must therefore be re -submitted to it for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board _ .� �1_-001, PLANNING DEPARTMENT Community Development Division MEMORANDUM Date: May 9, 2007 To: Zoning Board of Appeals From: Lincoln Daley, Town Planne Subject: Frank Stewart, 98-100 Marblehead Street, expansion of existing multi -family to five units. This memorandum is being submitted at the request of the applicant Frank Stewart to provide a brief summary of the events leading up to Zoning Board of Appeals Public Hearing on May 9, 2007 and general recommendations on behalf of the Planning Department. I am in receipt of the following plans: Below please find my review of the following plans submitted to this Department: Plan titled: Plan of Land Located in North Plan titled: Frank Stewart — Proposed Andover, MA Residence Addition At 98-100 Marblehead Street 98-100 Marblehead Street Technical Review Committee Meeting The Technical Review Committee (TRC) is an established forum whereby applicants can submit development plans of proposed projects for an informal discussion and comprehensive review with various Town departments. This forum was established to enable discussion of the impacts of development on the Town and to help the applicant discover and remedy potential roadblocks during the regulatory process. A Technical Review Committee Meeting was held on February 15, 2005 to discuss the expansion of the existing residential dwelling structure located on 98-100 Marblehead Street from 3 units to 5. The design of the building addition would be a continuation of the existing architectural style of 3 -unit structure. The proosal c lls for the construction of a two story addition consisting of more than a 2,000 square building ni MAY 9 — 2007 LJ 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com BOARD OF APPEALS North Andover, MA Prepared for: Frank Stewart Design Development Drawings 115 Blueridge Road ("Progress Print") North Andover, MA Prepared for: Frank Stewart Prepared by: John Abagis & Associates 115 Blueridge Road 9 Bartlett Street, No. 252 North Andover, MA Andover, MA Scale: 1" = 40' Prepared by: Not Stated on Plans Date: March 2, 2007 Date: May 2, 2007 Sheets: 1 of 1 Sheets: Cover Sheet, Sheets 1,2,4,6,7 (Note: Sheet 3 & 5 not provided) Technical Review Committee Meeting The Technical Review Committee (TRC) is an established forum whereby applicants can submit development plans of proposed projects for an informal discussion and comprehensive review with various Town departments. This forum was established to enable discussion of the impacts of development on the Town and to help the applicant discover and remedy potential roadblocks during the regulatory process. A Technical Review Committee Meeting was held on February 15, 2005 to discuss the expansion of the existing residential dwelling structure located on 98-100 Marblehead Street from 3 units to 5. The design of the building addition would be a continuation of the existing architectural style of 3 -unit structure. The proosal c lls for the construction of a two story addition consisting of more than a 2,000 square building ni MAY 9 — 2007 LJ 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com BOARD OF APPEALS footprint and a 10 space parking lot. In attendance were representatives from the Building, Conservation, Fire, Health, Planning, and Police departments, the Division of Public Works and the Applicant. The following topics were discussed during the course of the meeting. ➢ Land Use Board Review: The proposed structural addition is located 15.7 feet from the rear setback located on the northeastern property line and approximately 6 feet from northern property line. Gerry Brown, Inspector of Buildings, stated that the property owner would be required to apply to the ZBA for a variance to construct the propose addition. In addition, Mr. Brown stated the addition of the two proposed units would require a Special Permit in accordance with Section 4.122.14.C. of the Zoning Bylaw which states: "The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10. 3, 4.122.14.B, and 4.122.14.D. " Lincoln Daley, Town Planner, stated that the proposal would require a formal application and review by the Planning Board. The project calls for the addition of more than 2,000 square feet to the existing building and 10 parking spaces. North Andover Zoning Bylaw, Section 8.3.2.i states that any new building(s) or construction which contains more than two thousand (2,000) square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five (5) or more new or additional parking spaces requires a Special Permit from the Planning Board. ➢ Fire, Safety, and Access to the Property: The project was reviewed by the Fire and Police Departments to ensure that the proposal satisfies the state and municipal safety and fire codes. Andrew Melnikas requested that the addition incorporate a residential sprinkler system. The Police Department had no issues with the application. Mr. Brown stated that the building will be required to meet ADA building codes. ➢ Parking Lot Design: Mr. Daley reviewed the parking lot design and expressed several concerns. The angled parking spaces limit access to the property, interior vehicular/pedestrian circulation and congestion, and possible cueing onto Marblehead Street. Mr. Daley recommended that the applicant consult with a traffic engineer to improve the parking lot design to alleviate the above stated concerns. ➢ Landscaping Mr. Daley reviewed the proposed landscaping design. It was our understanding that the applicant was intending on preserving the existing trees onsite. Mr. Daley recommended that the applicant maximize the number of plantings along the perimeter of the property to provide a visual buffer for the neighbors and to prevent headlight spillover onto abutting properties. ➢ Architectural Elevations and Design The proposed architectural design is a continuation of the design for the existing building. The applicant stated that the continuation of the architectural design would match the existing look and feel of the neighborhood. The Committee recommended that the applicant consider the impact of the project to the general neighborhood and propose a final design that would not be considered noxious to area. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com ➢ Summary: The TRC provided guidance on required process before the relevant Land Use Boards. The Committee seemed generally satisfied with the project and that the applicant will incorporate the concerns/recommendations into the application before the ZBA and Planning Boards. FORM A (Approval Not Required Plan) The applicant submitted a Form A (Approval Not Required) Plan on February 28, 2007 to combine Assessor's Map 9, Map 25 and Map 9, Map 22 consisting of approximately 6,208 s.f. and 7,000 s.f. respectively. The combined lot contained met the minimum dimensional requirements of the Residential 4 Zoning District of 100 feet of frontage and a minimum lot size of 12,500 s.f.. No wetland resource areas existing on the properly. The Plan was approved by the Planning Board on March 12, 2007. (See attached decision letter) PLANNING DEPARTMENT REVIEW: 1. Proposed Building Design: ➢ Materials The applicant should provide samples of the all materials proposed for the exterior of the proposed addition for consideration. It is unclear if the applicant intends on renovating the entire building or simply the addition. The Board should provide input on the type of materials preferred. If vinyl siding is chosen, the type and design should be of high quality and not detract from the aesthetics of the proposed buildings or neighborhood. The applicant will need to demonstrate that the proposed design is compatible with the architectural features and exterior materials of the surrounding structures. ➢ Design As stated earlier, the architectural design of the proposed addition is simply a continuation of the existing design. The applicant will need to demonstrate that the proposed construction or substantial alteration (ie. addition) compliments and reinforces the design features of the neighborhood. As part of this discussion, the applicant will need to provide the Board a summary of the surrounding uses (ie. single-, multi -family homes) to better understand the character and make-up of the neighborhood. The 5 -unit multi -family structure will be the one the larger structures within the neighborhood. The applicant should provide an analysis on the square footage of the project compared to the average square footage of abutting structures. ➢ Submitted Plans The design development drawings should be revised to show an accurate measurement of the building from the side property line and the length of the proposed building. In addition, the plans should provide the total square footage of the addition and building. The plans should be revised to show a 1" = 20' scale. The plan labeled "Plan of Land" should clearly show the project area. It is recommended that the applicant resubmit the plan using a 1" = 20' scale focusing primarily on the project (parcel) area. 2. Open Space and Landscape Design ➢ A landscape design plan will be required as part of the Site Plan Special Permit Application before the Planning Board. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com ➢ The construction of the parking lot and addition severely reduces the area of open space. In an effort to maximize open space and improve the overall design, the applicant should consider a mixture of additional plantings along the perimeter of the site. The plantings should provide a natural vegetated buffer to limit the visual impact of the building and headlights from cars parking within the site. 5. Drainage and Stormwater Management Plan: A Stormwater management and -drainage design plan will be required as part of the Site Plan Special Permit Application before the Planning Board. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.town0northandover.com 4 t7C7 OD •M1 '' a 1 im vz�-n ao t7C7 OD �u o o @ X- 3 v >0 =O Cl.3 � CO N o w Q Nd- m V > n s (p C=, Q U N (D m a > > > > > > ® a �o V1 m 111t/1 m m V1 m t/1 PTI lf1 m m 0 D %• O n OD ,�VpV�7 J G:Cl ^^G iv^pV` [.J F 00 ED k9 O W N ® v r+ > > > > > > ® V1 m 111t/1 m m V1 m t/1 PTI lf1 m m %• w_ m f M Pi9V.,-1 X r m m > > —� z z z Z IV < < [v m rr r+ Oozes a.SO O yCA O to 0 v fD m S M m d a -g �m orL �. ; cl a 0 O% Ln 4 W N Q � off > > > > > > < z L^ m m m m m m m C) Z I I I I I I = M m m gym„ m -i X �� m � X X z z z z N < < Z m -I N < m -v z 11 F a Z %0 -n 0 00 m 4 0- --r 0 0 > 0 0 0 M N > 0 m m OL m > ii ^sY 'Av yu,j, I 4iZl A� N En 1, 11 F kol �0) CD CL w 0 w. v� f• V F 4 �• 4 rt Is Kri M1 VyF:'h C A :y �" F�'� -� -•fii ���c fir. -_p *.. `yip' '" �i . �` Yk •",u � e e .- J � y 4'il y� f t.alr�,�k :: . s, .- 1 `W. P 4 i P '� � �K � '{i ` y�y' -P .i .L i � Wiz y�YJ.y.i• ..T � '., ; LPiT�f�4 xl F Ilya 44 W �, n wf�: `�3 .yam +s;' > '. %� x, x••' 9 �' +'. �*0 �. i fi � "it tr + � � .'a r 1� s � � -� € •� I f r� '. ,_ �t 3 xi � r - b �'z r i {• dry �r �}. . x ti 7 f.,,g ! " � R" ".Sa, j{� +•w tpp ;� � t•r �4 � F #4,i yUrtrtF�[ ,i', P't. rY\ t M, r„a #r, r �'t 1 tt M, r„a `t R+ . •v .# rt !::, 5 i2t y,' > �, t t-iz e=. r,rs+, Ixsif.� - : $ :-; a * ,r !`f -t ',ri rr a -v i r:7Y`#+S: y,�•1 to { �+,, ti a+I" s '::'� � �.,, {:.„ � .� � � SF;'x LL�' ��.. f'' -f � 4 .t, �'� '�'. *�,.�:;�; , z `�• }�` p� Y � '�} (''v j' �„ a � Z coo�, _ t y�iz u r Y �. '�+ � 9 ' � 4 '`�• r�"F 'may, OW -r'S i h -,sr j '4 .7 1' €0 A. L. � s:`r e^ �r7; a_, � $� 1 v`:* �...1 . { ww `F.m4 � ;e 4k� rad YrQ� � �.1 CL ? Q 7!' t Y� }.. �4A:.,x , t . rrt , t e r tz s �, _;° ' Y 'r 3 tr;Yz d ;,.L• E r F a ts,< a f:.V .r �� ^ yr'.t t# ff, :.` , • Ic x v� r t s • a� Avg '€14 Q. O % "n�.-'' 4 -f�' '*t*`s.h r +.t1 'ry wF s.Yy.'a'i3, %vf"i�� tfcta!u„�r> •* ri , W7, r 3 r ,,r r ~f 3 d . ”' - e"4 x �' t• - , r�;y � r _u � � ::ass' �, x { V 't (� j rrn,+l F�:*r2s �' .3 +5 � w� ,x •*s svrs �>. wa. k;,{ r a4 rC' ?A Y � ,5••#J j' l�dS 3 0l O 1 i�u'�yte4xY�§LivhifsSP� t�lit'� N O Y ! .x � `��'t�r <t x�;...,,�,.,�v .�`•t' l Y �j r ' �'*.k .��+��s�'�'Ft'i,� �, � � 'ei, s "s�. `it '�;�I' .::r;}}�• �• w'i 'i !0 S f'+d':�"rr7r1 ., ak,F�:s++ut���"•f•'�' "'c� ¢k+a "'1 '+^,k+,1.,2'€,."t"'.+'r+"i rl.` 1'.4'"r"iF� '�' �'it' _ 'i. (� .ira�rr !t y. .� �1` iS. , eiy°'. 4n. i. �_+,y, 1.,' fi.' •4f 7' :M1 C)�urySno� rk a4i�1. i' M�dvk t r r .'F;.� .{ apo '` r Sam 4r d-y,r:_' z Y4f ` iwt *s• k,- s ,aa� t , r. <.:� t ^r; 1 ir�.3i1: m +4r �sxt yWN- SN `.]=r 5•#F�s,,> r 'fr } `�y t e •r= +� "tty�-tTy •y -age r+f,f'a}ia�t€F"4aya3..^r+.�''�•J", i tv+. ;� r. ..t L.?«±+�drk ,.»: "g-�'�'"4F`���.g ,.e.}r +7� 1�-..,et�,��a.S��`;;�i iM.>'°r +....,�i:'.�5#• ..1`f *i.G�t��{"YR��"i..1'q �!J' � :i x` a�:'",++,`�,1r,' �', '. fl '4 � Ai,,Tf.,� ' � � '� 1+s � i€ :�i�'"' f'r" ,3�9Z' �k�'. r. �z'�•a r-r�E�� k � � e`.A.�"x fs� h'F�� r • ..'-�w4{ r '� .�.fi,}'""'�' Yvri�' Y: � �` 4`�' y �. ,,, t}o P;� (p ' h�„a -. S` T �S^ : -r+€ 44k�w--•��i��.^.,1"°� f"��[''7{�=r.'�;';. +[t'71t,*T_ y+'o.. . �,,,�ga,�,te�N,','t'w+,y�`u �� ��y� �'" #�'.uw�; r r^'µ�. �,.roSwr:>.^� 3 �n '�� . t� is � � 1 � � Y.- d4 .i�- "ipir.,�,yy -�, F.,�:3� tw�j.AtTt µA < �t}��M.. a. 4Y f��3.! •'k Dr t} � - .V rXp �'b g. �'.x� e �x+���;�v. ,�� �'"�"��h t „i .*'�i�"X" �`�"• \''' �aYW9r +^`-rw.1'i.. �" 3'�• ' ' Q. � � � �• u , � t �,~ x` `: rd k Ls �` � � " `fa �.�+•. L Y: �'i...°'n'r• q�'rr.. �r'�'.�'+a 9«i[�° s�.A;»t _ ri �r,� � rH,�s i" .r rq• i r `Crrti'a7 � ts�+�`t .��8'z „r Nj. rn.,+ ,:KF fF�i. • � �'• via:" � 'fir i?i � '��,�, �r t� 1{'�asf '"ai'� ��rrJ x .,� f �; «r '�.,e ..��- .� f� J�'sa•` �?. �rt` ` 7 '��:. 1 ,g:.;, .a` yb : , :fi [�'fa P'!'. S •,- F! ;,t;:. y t, t . -.sF. � C' tr}csr `Y.., < u.% i\rr� tl� tj#r?. yo y1� �..t^. •� X rt ��. ,s�{r. �.,��`'y t" ret> $ h In 1 ¢ efPi' ",tay}Y.3' a t+ w �g'z•. ., r, ``sA 4" d !� rs r c; A �' •z {' isaS:n -Pw: .. -.. 1. s.•r rS . 1+• "" t+f' r4'F:' ? I �•- ` i°4 +g -an. rw' t"u' x �t$ 'Y -! e, 0 9 u1►.x e ! ,- *'.. a. �xy p e,•� '.t'��^H t 'La:•tgS-.1. i` ya a . .t �ffi� ,c ��,{�eV's.•r-f 1 •at w.fi}� C��y.:.� �i Ft; vF a., A P'`Y"•' p� ��:' '�p�'t '{'^'r'+1"t.x :-y �. 'a' �^ � �na"1�f�,f'�y' `gia fJ`±. �!'r� K �_' M1.L4�,.{ r�t'�, `ta, {,'Sij,S`C""ya+��y�a'�� y !+' '�;$ in -i- '� Y•r;•&.41 ,>" . � ,t,t "a%��'K' �.,,t 4 d � n .,�±� �� \'� � * {J'R4 Y .' ..,r. ""� r''0. ' ""'".. t'�„r,,! �z A �aw•r. � >µ. r ,�. «. ,a, r }r y •f t^.. <, ! Mfr f tr } 1 -; ti ,va : s A k r f¢ If,'gi ,w„ '�r':Y`y -fie. \}�. ,a : C'fs`'..�."4kb?+".`'r}.,.;T:s $B,;r;;�,y raf :,� ?�-% ` v ...}x j,r .}i fx oi"" ji,a: ';r` ttt"+p- ,1 >.,:4r.1...•;..7�'.lyd+l,6r. Tr '.Stt.' TM1, S iii J 9 yC .:'aL"y. ywrbr` 'YL n •r, y ,.,y�-rpkr s s !F}J;:a i a i :'f oc i 5 t a: x •?+ f"' ,' a-'k�^" r' Yg.`rhi '6:sfi lir :Y�t, t 1+ .A .+' '!r- �" t^• ri ,.. st, t • t .Fn { rR J3y':,t" t sl- r •'• s - r,. t r �: :t -t a�::., t x`i gyp,: «. i r., ti..S ° A i'i t J"'q t-'�• i t mid r k ,(yt �y1p a.�j�.7 !'', � ..,� 'sJ •y� F Y,, f a � '"' i t,^.�c. T . ......... '� s,•.�� � ,1#C. -� RR �r rte, �i 1;.. ..r4li. 4.;,:;�:.s.wC±'$.ia'.t'l rkk-''.�"er�t•4,;€'.' S.rx it,G;'u�e n'fr .:.vlwj' A. •}•i&i„-$yLt"T'wPJ.M"�l v"'r:st 1,,,,,L.Xti:hltt H �niwrfriRg�,�f:.. .:±' �� : � �, 's 'fir � 3 a "i �"ag�`�7 i.��u ii�e '-r*��'+' gym..” «tt s<..�?�.-�!•+•� �1; r�+�l.e,.:. ,�' rf ^ " EA� ........., rY "{' y'. e' 'S t °"`. %6 j: *3 r✓ a� a; k rr.,,,, t r+6� M P -^rP 6'`- np:�. t .2, •tr,*,�t +' _ s pn; �w -E a. t .y 1{f s 4t st Yy�i >twiF . ! 3 j"t'3 x ..,g , r e b;,t HC 4C 3 .', j� �+"tr t XI�•�ia �Y 1a:r. ,{^"� r++ � ,�.e Yk -z".,� '6 - a � i t' � !1'� r•x, tr } + �i+F n ,,t �#M1 Y �..� s, , f F r�r t -.c• _ j4+ -fa' 4 a `* wit $ '4 , iY } Z7 amem '� of 68 +'i i5 ;r n. t ! �.. � x t h -a'g f k a•� s �t tl �' z �`.: `."� 2 `�4� "r, � :t � t �'i� �e.+�, , . r �r. 8 ! � .. -C � ^ ;, x J •" $C+r, rr x c N; 7 5'u [f Y � i k 'z �.�#. $' t , f.3 'y�w.• ''•c r � a 01' A " 4. s, v �y kk '"§ O tt r � i„ r -s• F � ..v � trw� ��s : �,;r r -� a t� � �6�°a } �• „t:Y r ,d a v a t. sa ix'• '�<{f `k` ! .=.a�f,< E '�'f 4io �e1z O x Gt,.�+ rrx r ttt $3 tyxp - u --n, y r'"` r ry f r.j ` '"• f'C .11'� gi,� ..j t ' kw rYs ,,,; nrXt g ■/,�' 4"` yk t" °� +,t , f a'" ` -: 'tel G" 'r� J,-�`i • Y _ i w r;'.. �' 37, ,., ✓ �, .� 1 , s. `� +•F i ��:�.-,ffi-si'".,,. . ���{ � 'i;.i'9. '� �,� `�,'j+t' v, ,,. �rh� tfg, t t :� ��,�x w�� �,stw� E��{VSY'r t+�� t 'br�'. � s Y�, {ad rs� v�'Sa\'' sai.. ��: . Q 40 r +.j " w: 1 11 '. " ..:YLw t'.Jn.„ 'T a !F: y.E e.A . % ,rt xt r3 s" r �,, Itf [ s 7 k G k�`P�;'�'jr.T"S d r ,, .. •rye �r �5 ' T M1 1Fy Sii 8'�,�bl€?:r �' A-IF''a a 4'k '� "�c°? J t q'b'S' 'ri. 4.�Srt'Y�„$ 1E,_ �yMMtjp�i`x pf !,y '4 •(��'i ♦ I �' t% ..,; `° 1,.;. fi;,^ yr! 'PT,a `�''�' L r i , rr . t' x 1 !` . 4'+.sn,.° . .� .5,: �' '' y, .: r •r.' s."". ., F Yl .. i[ S zr m 1 j..701;,0 .� - f-4 sy5 Agl+4 +iL " r � 9 L Y w T �" k ..• 4 } � r✓ � �k^ +y + Lw s .' n t '� �"� r rl., r+. y{ r � a`+. � f I'TI [ , � ; `H ro .i k ..-. ^a �' � ,qc .y ° . `` d it♦.. I; 3 e�t� �r y8�� �, tt:t � .>"^�l�,± ur±,y , F k � i 5 tv� r -F F � P x � � c #' 7>•. �'f Z Rte, „' vs r° ,�„�' �; �-G,.wrt. �i'S"" '�{> i`71�,Y7" �` :• �.. `:g. .. � ''r fm.+_ x_ . $,s �p'r k tc d. a -< '' t v t r C t' " + LV v g.:.{ 6;�y'[. q...•, .i , a 6 ...€ ✓ +r >.,.. �' #t ';`� s_. erl�; :,' w .; €r•t:.i. isk*s. #Y ,{.y,j.+ �• i., r •�' , g Z k r N? q -ft,.:rf y��r.#` �Hb � h r �'#J�+i r ,✓3 ��`'. .r fi ;'°fir ef.rr,lE�i''T,�..fJ�b+,j#2Y,1•,:,�,1,7y, ,+;G - sr v'. y ! Cj";• v++'G, rr #, tr;_ F;�K a " x P%a..Y 3( �' ' : Y,,t 'r..•,< 4 j„ .t ,�cfr iiw sa�d,Y .{ �• ,¢ a>r r ' ;a �.., r `�. A �r't Y' w- :, 2 p� _. } `.,y `fit °` I`t irh.a e 9 t tY k 9 r 4 i J w '. prr.ri Lc'fk#� vrq, � . p� $.•�Y al, r w� j � ds �y`.y. ��.{ # a s {,tvs�t tst r! x f} e F a p -t '!k 14L l :$ OAF v7 x 3�, Y+ -a C r Y9 �+ t . ktP- S'` �r & d-`+* �,_-i� �f�.., y `0.s :•rs �','r tAs �'3_ Y.'"}�,�'S; n n;•t a`,�,.,.a+ k.,, ry',_ �°' �-r,..y=1 �, i': -r r N• � r � >S, �*".,'' y.'.� " xgfi� 4 re � n .ys K µ' '�t{� �ttA . t heir s ��., '!._ r �.,•,4 ga ., r a �u,� w3y �„'•N C Fri °#'' ly" �t'ri>, {�-.�y ,�gSrJ}' � - � a.:. rt }��:at � rr,e, < *:'4 t �� "'- ' . '�!! 'ii•: f `^: gi."'. d s �"!sQ Pr i' Vi•Ikrq b .aY' ,p fi "� y; ,�:. -r; it iY;.'s t cAjr r p t"'i t, r' - p �. �..*+;. ei..41 `vi � : i ',,. r•. �a �a r.e. $ NII F3 Y e y _ +y ��. U :'l=. ', T. ;•� x sv �'5.;' Fes. A1r "t t a -i '�F' t a _, t St +.Aid h -�� t'rM � �t:'• r � t, ,�A. ;w � , � r f � ,i�`� � :: ''� � � 3 ` E �� ° r � � 3 $ �, d n r� i� ' 'tjs'" ^r% risr: '-} Jiae� #W' 'c.F.i a i 'A:,4,a k k9" "N. s? . Si'.'�"k ;vim'r'..•�� zx. .M.t •.:.:°s 'i' -r'`�vr.+ax i j! f v os $700 SF 12,545 SF 916 30 0 w 4 e 36 150 SF 2 11,513 5F 8 863 SF 10,663 SF 19,000 SF 16,260 SF s 10 31 3 9,385 SF 39 h 4 750 SF 35 7 735 SF o 25,080 SF 24 32 5 11 2 9,675 SF 40 N 14 7 sF W 1 7,875 SF 4,240 SF 5,450 SF 7,720 SF 4,040 SF 3,870 SF 61265 SF W F 5,555 SF 11,700s �►� 73-_ 4 43 46 45 4 42 41 --4 A N 50, 79' 108,008 Sp 85 z 3ALDWIN ST. 1 51' 52' F : 9�' 45' 62' 123' IS STREET - -- -- BY sa Y j9 --10 1011 13 9 6,770 S.F. 4,568 F. 11,780 S.F. it 500 S.F. 6,982 S.F. S.F -,� 4,880 S.F. 5,013 S.F. 1 61 14 ' 6,540 j 6,460 S.F. 10,695 S.F h; 24: , e 3,675 S.F.y� 15 F' 54 22 r .. w 26 6,840 S.F. E"1 k It u� 16,920 S.F.12,596 S.F.40 1" 1 6 7,000 S Ff �8,250 S.F. 8,250 S.F. 9,500 S.F. 9,500 S.F. 7,080 S.F. 6,208 S F 7,000 S.F. A 4,750 S.F. f1•-'�Y7''t.:f ter-" :'"'?bn".p.n.yR±•1G'.' ' 71• 7a 54, 7a yy r MARBLEHEAD STREE k.:.z-0 T*T ,07' a. ,r A � 1 40 0� f 71 139 -C'7 2 4 28 5,865 S.F. a 41 (52'> r' 45 46 4. 5,000 S.F.S S' Q 10,450 S.F. 8,990 S.F. 38 �8 47 " 348 7 a 6,004 S.F. 8,110S. 9 320 F. _„ I) 17R q R" , * , 14,750 S. 4,750 S.F. ��g_....__..._.,,....._ - ._ A Key Index 29 36 Black Outline =Abutters List yw Green Outline O =Stewart Properties 13,282 S.F. 12,459 S.F.1 Yellow Dot ( ) =Single Family 17 30 p Pink Dot ( ) =Two Family p 34 5,712 S.F. 3 624 S.F. 35 Orange Dot =Three Family 115) 31 64 Blue Dot O =Four Family. g 104' 4,004 S.F. 5,135 S.F. 3,848, S.F. 19,650 S.F. 23,400S.. 5 Unit &R, ) =Five Family p lar -T= H BEVERLY STREET r13� �,uub nnA>'S DRAWN BY F SEE PLAT N0.5 MEASUREMENTS ARE SCALED ONLY PPEAL_,S APR 111�:� BOARD OF APPALS tai ,r. '1 i ' ',� �..y., y +a � ptr �'� r� � �i g ��+ '� �, c Y �'��1�' y 1 APR 112007 BOARD OF APPEALS . ! 1 11 i�1. 1`J . r 'y L' mm am am mi 0 W ll� SPR 112007 i� BOARD OF APPEALS ICA,IlYYo I ti x� I APR 1 11007, 60ARD•UP APSEALS, , APR 1 r- AF vGMC- Robert and Deborah Gesing 61 Union Street North Andover, MA 01845 April 7, 2007 Chairman Albert P. Manzi III Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 Chairman Manzi, We have been in receipt of a certified letter regarding plans for 98-100 Marblehead Street on behalf of Frank Stewart. As long time neighbors of Judy Gilligan, 68 Union St., Anne and Dennis Dufresne, 66 Union St., and MaryAnn and Donald Marinelli, 50 Union St., we are in appreciation of the direct effect the proposed plans will have on their quality of life and property. These plans are also likely to have a significant effect on the quiet, family- oriented neighborhood in which we have all lived for the past 30 years or more. As a result we are in full support of whatever concerns our friends and neighbors have as objections and or modifications to such plans. We appreciate the Zoning Board's consideration of these concerns. Thank you. Bob Gesing Deborah Gesing Y F APR - Z00 D 7 BOARD OF APPEALS 9 Town of North Andover Zoning Board of Appeals Subject Property: 98-100 Marblehead St. Renovation / Addition Please be advised that the Stewart's have explained their renovation / addition project with us. We do not have any objections to their proposal. We acknowledge they own other properties in the neighborhood. They have been responsible and respectful property owners for many years. -FIs 4k64A- (m"Vw ��� \Tr, -c �,,, V.V,4 8q 69 un,orl a 3-24-67 3- Zy'O7 3 2Y -a7 �v 2 &,"'xx BOARD OF APPEALS 11 vz�✓- Town of North Andover Zoning Board of Appeals Subject Property: 98-100 Marblehead St. Renovation / Addition Please be advised that the Stewart's have explained their renovation / addition project with us. We do not have any objections to their proposal. We acknowledge they own other properties in the neighborhood. They have been responsible and respectful property owners for many years. Name Address Date 9_�61r_�X sT- i�s 144 IIIA 13 4N /i ,-s ��Uti�an� 7-�? AAJ N i S 3 _ z%d7 S, 3 /,- - z 6/,,7/- 3-zL-67 916 UPIC-1 d - W2 -(o,7 Town of North Andover Zoning Board of Appeals Subject Property: 98-100 Marblehead St. Renovation / Addition Please be advised that the Stewart's have explained their renovation / addition project with us. We do not have any objections to their proposal. We acknowledge they own other properties in the neighborhood. They have been responsible and respectful property owners for many years. %/�-fin jl l r�i��i!e .l sfDate 3' Z-6 � OLYMPIApPoRB PERgTIES LLC NORTH ANDOVER, MA 01845 TEL. 978-738-9600 FAX 978-738-9601 0 o 00 CL =r 'O A oDOCA K) C, p O < 0) a(D 4 ry S' (D Dao v cno ma m a ;o (D m W (D (7 (D D n. CL 0 m x_ U) D rt W ; m =�ny )a m LO v 4 r r m �f' ' �\ �;t. �� � � r. 5.��l. Frank Stewart 115 Blue ridge Rd. N. Andover MA 01845 Torres Property Maintenance 598 Beacon St. Lowell MA 01852 508-423-4251 PROPOSAL SCOPE OF WORK Remove snow from premises located on 98-100 Marblehead St. N. Andover MA from parking lot area for a period beginning 10-01-07 to 4-15-09 for the sum of ($ 275.00) TWO HUNDRED SEVENTY FIVE DOLLARS per storm. TOWN OF NORTH ANDOVER ZONING BOARD OF APPE,411.130 Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the t3oana of an The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede fhem. The petitioner will complete items STEP 1:. ADMINISTRATOR PERMIT DENIAL: The petitioner applies for 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 3oard 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 pian information as cited in page 4, section 10 of this form. •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). TEP 6: 'SUBMIT APPLICATION: ?etitioner submits one (1) original and ten (10) Xerox -opies of .all the required information to the Town Clerk's office to be certified by the Town Clerk with the time -,;d Nate iaf f ling. i)e orrginai -rill be left at khe Tern ;ark's Office, ar.d the 10 Xerox copies will be left ,,:+pith e i Board cf !lppeals secretary. f C'ci murity Cev, 'A 00 Osgrcd Street, forth Andover, MA 0,11 a45 a 2 ?C mr �°Crc mu S ty f� ra x+,y aix .s D ? i dir'g Cepartment rg ra„:lyd MAK -1 6 on! BOARD OF APPEALS 1'ECE4V"" D VARIANCE ` 2907 MAR 13 AJI 9:56 AA:f, t 7C L05%,. 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 histher behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. '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 § 17, within twenty (20) days after Phe decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PL SNS. 'T'he petitioner is responsible for recording certification -_f '.he decision, the Mylar, and any accompanying plans A the Essex County, North Registry of Deeds, '^81 �"ommon St., Lawrence MA, and shall complete the Certification of Recording form and torvard ,t tr: is •n Zoning Board of :Appeals rand to the Building '1413�rtrp i?blt. -;.0 i;Rain ,3tr?et PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: 9'7s-,-6 7 -S-lgs *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: ownership: Name, Address, telephone number, and number of years under this /l5 U 9 '7 S' 6 Sl7. 8-/ Q.5 `J Years Owned Land: Z, - 7 • D r� 3. Location of Property: a. Street: Zoning District: f_ q b. Assessors: Map number: Q Lot Number: Z 5 d Z 2 c. Registry of Deeds: Book Number: 1 o 6 a 3 Page Number: 7-01 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: (t1,�.� fa.n•a.L la��-& ✓ta-?-c.>z� �,-� � `f• 3 The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) 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 Front Side A Side B bear Bio v Nle 0 0 0 1 el 3 3. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 13308 /oS 5 /7 9.6 67 y5:7 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear /3302' /05 /b /7 9. /5. Z /5.7 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear /2,500 M64 !V i4 /DD /0 3o 1-5 15 3o 7A. Existing Building(s): - Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** a 7 3 Z 6 -7-- 42'� nft;A;&�o a, *Reference Uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" 3c/6 3 3L/.0 *Reference Uses from the Zoning Bylaw & Table 1. *"State 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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. 4: - Tame above name(s) here: x::;r,4 ,V k 2• S- �,t A7" Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA. 01845 Phone 978-688-9545 9/25 if. I Frank Stewart .•_....,...--iarinn mamily dwelling to Fax 978-688-9542 Date: 1 3-12-07 Please be advised that after review of your Application Application is and Plans that your App ' DENIED for the following Zoning Bylaw reasons: 5 Insufficient Information Zonina District: R-4 4 Notes C Setback Item Notes H Item A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient X 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information 5 No access over Frontage B Use G Contiguous Building Area 1 Allowed Not Allowed 1 Insufficient Area P2 3 Use Preexisting 2 Com lies ' CBA 4 Special Permit Required X 3 Preexistin 5 Insufficient Information u011Masu00 4 Insufficient Information C Setback ajld H Building Height —_Height 1 All setbacks comply 1 Exceeds Maximum 2 Front Insufficient X existin 2 Com lies X 3 Left Side Insufficient X existing 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient X I Building Coverage OOOZIEIuaCIA'WI H2U1UOZ ldaa ONicnine J9410 uolsslWWOOleauo;slH uluueld X soM allgnd;o 3uawlie as u011Masu00 SleaddVIO pjeol3 uluoZ X 90110d QeaH ajld :ol pa.lja;ab Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Form Item Reference Reasons for Denial & Bylaw Reference B-4 A Special Permit from the Zoning Board of Appeals is required for the conversion of an existing structure to a 5 dwelling unit structure per 4.122.14.0 of the Zoning Bylaw "The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw." B-4 A Special Permit from 9.2 of the Zoning Bylaw is required for the change, extension, or enlargement of a pre-existing, non -conforming structure is required from the Zoning Board of Appeals in order to construct the proposed addition. C-5 Dimensional Variance for the rear setback on the proposed addition will be required from the Zoning Board of Appeals per 7.3 & Table 2 of the Zoning Bylaw. B-4 A Site Plan Special Permit is required from the Planning Board for any "Any construction which results in the addition of more than two thousand (2,000) square feet of gross floor area to an existing structure; or results in the requirement of five (5) or more new or additional parking spaces..." per 8.3.2.ii. i I/ To: The Town of North Andover, Zoning Board of Appeals From: Frank and Joanne Stewart Subiect property: 98- 100 Marblehead St. Re: Variance Written Documentation Date: 3-06-07 A. The particular use proposed for the land or structure. To convert an existing two unit to a five unit dwelling. 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. Granting of this Variance will not change the soil conditions or topography of proposed lot, or any abutter's lot. 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. The rear left corner of the property is pie shaped and jogs in, causing the need for a variance relating to rear setback requirements. Due to the existing foundation being close to the adjoining property line, as well as the desire proposed addition uniform and esthetically attractive. D Facts relied upon to support_ a_ finding that relief soueht will be desirable and without substantial detriment to the public good. We are requesting a variance against our own property line. We took careful consideration in the design to be in compliance with all other setbacks. Our properties abut, or are prominently located on three sides of the proposed project. 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. Allowing a project such as this will enhance the neighborhood. Enhance diversity within the town. Address housing needs without wasting large amounts of land. Increase tax base. F. Submit RDA from Conservation Commision when Continuous Buildable Area is applied for in ZBA application N/A MASSACHUSETTS QUITCLAIM DEED We, Steven M. Nugent and Courtney M. Nugent of 35 Hollow Tree Lane, North Andover, County of .Essen, State of Massachusetts, in consideration of and in full consideration of FOUR H NDRWD TUrRTYNIN.E THOUSAND DOLLARSAND 00/100 ($439,000.00) grant to FRANKSI'R']✓i<' .RT of 115 Blue Ridge Road, North Andover, County of Essex, State of Massachusetts, Individually, WITH QUITCLAW COVENANTS, all our right, title and interest in two parcels of land with the buildings thereon situated in North Andover, Essen County, Commonwealth of Massachusetts, on the Easterly of Marblehead Street, bound and described as follows: PARCEL ONE: Shown as pian entitled "Plan of Land owned by J. and E. Bottomley, Charles E. Cyr, Civil Engineers, December, 1916. Approved by the North Andover Appeals, " recorded with Essex North Registry of Deeds as flan No. 1673, bound and described as follows: WESTERLY: by said Marblehead Street, fifty-five feet; NORTHERLY. by land now or formerly of One Curren; seventy-seven and 50/100 feet and forty-eight and 16/ 100 feet by land of John and Eliza Bottomley; EASTERLY: by Lot numbered three (3) as shown on plan formerly recorded with said Registry of Deeds at the end of Book 255, now being numbered 0122, forty-eight and 70/100 feet; and SOUTHERLY: by Lot numbered four (4) as shown on said last mentioned plan, one hundred fifteen feet. PARCEL TWO: Being part of Lot four (4) as shown on a plan of land entitled, "Plan of Land owned by D.J. Costello," John Franklin, C.E., which said plan, originally recorded at the Registry of Deeds for the North Registry District of said Essex County, in Pook 255, Page 600, is now Desk Plan No: 0422 at said registry of Deeds. The granted premises are more particularly bound and described as follows: NORTHERLY: One hundred forty (140) feet by lots one (1) , two (2) and part of lot three (3) as shown on said plan; EASTERLY- fifty (50) feet by land now or formerly of Walter Waddilove, and Marion Piscilla Waddilove; SOUTHERLY: one hundred forty (140) feet by lot five (5) as shown on said plan; and WESTERLY: fifty (50) feet by the easterly side of said Marblehead Street. Said premises are conveyed subject to and With the benefit or easements and restrictions of record if any insofar as the same may now be in force and applicable to said premises. Being all and the same premises conveyed to Grantors by deed of Steven M. Nugent dated November 20, 2002 and recorded in the Essex North District Registry of Deeds at Book 7365, Page 55. WITNESS my hand and seal this 7ttday of February, 2007 Steven M. Nugent Courtney M./Nugent Commonwealth of Massachusetts Essex, ss. February 7, 2007 On chis 31' day of January, 2007, before me, the undersigned notary public, personally appeared Steven M. Nugent and Courtney M. Nugent, proved to me through satisfactory evidence of identification, which Were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me thai (he)(she) signed it voluntarily for its stated purpose. My commission expires: DOWNIC J. SCALISE NOTARY PUBLIC CW n6 weaIlh of Maesedxieetts !!AyyC�ilt�wlon OPJbB/201P RECEIPT Printed:03-20-2007 @ 14:09:53 Essex North Registry Robert F. Kelley Register Trans#: 40721 Oper:SHEILAM STEWART Ctl#: 269 Rec:3-20-2007 @ 2:09:45p DOC DESCRIPTION TRANS AMT --- ----------- --------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Document Copy -Man 4.00 Total fees: 79.00 *** Total charges: 79.00 CHECK PM 1886 79.00 �ECEE I --MAR 21 [UUI BOARD OF APPEALS 1\/ ED Town of North Andover T rj Office of the Planning Department Community Development and Servicif P*f#FpJQ Ai Osgood Landing 1600 Osgood Street Building #20, Suite 2-36 North Andover, Massachusetts 01849 A SS March 12, 2007 Mr. Frank Stewart 115 Blueridge Road North Andover, MA 01845 Reg: ANR for 98-100 Marblehead Street, North Andover, MA 01845 Dear Mr. Stewart, As you are aware, the Planning Department received a Form A plan on February 13, 2007 proposing one lot line change. The purpose of your request is to combine two existing lots into one lot i.e., the lots on Marblehead St. Map 9, Lot #25 Parcel I which contains 6,308 s.f; and Map 9, Lot #22 Parcel 2 which contains 7,000 sX; for a combined total lot consisting of 13,308 s.f. The process will allow the combining of two lots into one lot as shown on the Plan of Land dated March 2, 2007, as drawn by John M. Abagis, PLS #35733, John Abagis & Associates, Professional Land Surveyors, 9 Bartlett Street, #252, Andover, MA, 01810. The plan has been reviewed and endorsed. Sincerely, Lincoln Daley, Town er cc: file E CIW11 E o o. 0 MAN 2.,, BOARD OF APPEALS vbguuu L ancung Town of North Andover 1600 Osgood St. Bldg. 20, Suite 2-36 Planning Dept. North Andover, MA 01845 FORM A APPLICATION FOR APPROVAL NOT REQUIRED 2007 FEB 13 PFi (: It 6 DATE: . , 0 rNORTH i � (Stamp two (2) forms with the Town Clerk. File one (1) form with the Town Clerk and one (1) trm With- the' Planning Board.) To the Planning Board: The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. I .pLN-01 Pill 1. Name of Applicant: /':�44 .aa.,am- / 9 " /06 ~ -f 6J? --elft 4.17. CAS3 2. Location and Description of Property (includ Assessor• Map z--5 � andLot and ZoningDistrict(s)j: ` ✓✓✓��� ��� 3. Deed Reference: Book 7-365---. Page Ss or Certificate of Title: 4. Name of Surveyor: '0Z f2. Signature of Owner(s): Fes.% Address: % 1 5 Please indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: CI Has the frontage, lot area, and lot width required under the Zoning By-law on: a) a public way, or b) a way which the Town Clerk certifies is maintained & used as a public way, or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or d) a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use, or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a) joined to and made part of an adjacent lot, or b) labeled "Not A Building Lot". C. Each lot on the plan contains a building which existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot divisions) and has frontage on a way described above. Received: Town of North Andover Town Clerk (date stamp): Signature of Town Official receiving this application: Notice to APPLICANTrrOWN CLERK of action of Planning Board on accompanying plan: n1. The North Andover Planning Board has determined that said plan does not require approval underji i Subdivision Control Law, and the appropriate endorsement has been made upon the same. id plan shows a by 2. The North Andover s. 81-L and must therefore be re -submitted to as determined that itlffor approval under the defined Subdivis on,Control G.L. c. , Law. Very truly yours, North Andover Planning BBooard, Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A, Section 11 states In part 'Parties in Irdefest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon arty public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another dry or town, the planning board of the city or town, and the planning board of every abutting city or town.' Subject Property: MAP PARCEL Name Address 9 25 Steven Nugent 98-100 Marblehead Street North Andover, MA 01845 Abutters Properties Map Parcel Name Address 9 1 ✓Arthur McCue r 4+0,1 A. -e ) 70 Marblehead Street North Andover, MA 01845 9 3 Peter Jordan L,46 Baldwin Street North Andover, MA 01845 9 5 ,dames Erb Lo Baldwin Street North Andover, MA 01845 9 6 -RDE Realty Trust L.,61 Union Street North Andover, MA 01845 9 7 t/Kathryn Turco L A9 Union Street North Andover, MA 01845 9 8 Jdonald Marinellk jx6 Union Street North Andover, MA 01845 9 9 Christopher Rozzi . L4 Annis Street North Andover, MA 01845 9 10 -Daniel Regan rei4 IfIf;r,V112 Thoreau Way Lawrence, MA 01843 4 -�-0 7 9 11 t -Ruth Frederickson tAl Annis Street North Andover, MA 01845 9 12 -Amelia Cougtflin L25-27 Annis Street North Andover, MA 01845 9 9 17 18 Christian Ampenberger hristian Ampenberger 122 Marblehead Street 22 Marblehead Street North Andover, MA 01845 North Andover, MA 9 J ��V1�8 01845 °1 19 t Diana Roix 125 Meadow View Road North Andover, MA 01845 `f"�`�'0 9 20 Michael Boenitz t r4rr.4-1)l0 Marblehead Street North Andover, MA 01845 7 9 21 -Frank Stewart 115 Blue Ridge Road North Andover, MA 01845 9 22 LSteven Nugent 98 Marblehead Street North Andover, MA 01845 9 23 Frank Stewart _ - 56Street North Andover, MA 01845 24 -Dennis9 Dufresne�b _Union ✓66 Union Street S-xf-07 North Andover, MA. 01845 9 9 26 28 v7homas Gilligan)Vt% (/John Mattheson L ft Union Street Y*,�vl vIA44 '9 Marblehead Street North Andover, MA 01845 North Andover, MA 01845 9 36 Atlantic Realty jA2 Union Street North Andover, MA 01845 9 37 --Edward Snell ►.86 Union Street North Andover, MA 01845 9 38 -Eric Baldwin 1-4 Union Street North Andover, MAJ01845 9 9 39 40 L, -Paul Dubois 1..5/7 Second Street .,Aaron Greene ` ✓ , Marblehead Street North Andover,MA 01845 North Andover, MA 01845 9 41 Stewart Reality Trus ��^Ft"r ✓Ml Marblehead Street North Andover, MA 01845 9 42 Stewart Reality Trust ` 115 Blue Ridge Road North Andover, MA 01845 9 43 Raymond Stewart 71 Slivermine Road , ' North Andover, MA 01845 9 44 Olympia VI Realty Trust X277 Lowell Street Andover, MA 01810 9 54 -0090.0 -Wayne Cush L -AM Beverly Street North Andover, MA 01845 9 54-0092.0 vWayne Pitcher %.A Beverly Street North Andover, MA 01845 9 71 -Daniel Bergstrom fyt Marblehead Street North Andover, MA 01845 9 77-0001.0--Ehuong Hoang vf8 Beverly Street U-1 North Andover, MA 01845 9 77-0002.0 X--hadene Bobek 168 Beverly Street U-2 North Andover, MA 01845 9 78 -Phaedra Caoette t f7-89 Union Street North Andover, MA 01845 14 33 Alfred Fichera v41 Union Street North Andover, MA 01845 14 34 Kurt Sandman 1,23 Frothingham Road Burlington, MA 01803 14 44 L -James Hetherington %,22 Annis Street North Andover, MA 01845 14 45 Sylvia Little ,A4 Annis Street V ' z6 -D 7 North Andover, MA 01845 14 46 L -Joseph Laurino \, O Annis Street North Andover, MA 01845 Date 2/9!2007 Page I of This certifies that the names appearing on the records of the Assessors Office as of Jclv-,A-?c;/ 4 20r)4 a Certified by;,=--:, Date n CER71FIED PLOT PLAN PREPARED FOR. FRANK S7E7WART AT 98.—loo MAR3LEHEAD STREET NORTH ANDOVER, MA. NORTH ESSEX REGISTRY OF DEEDS.- BK. 7365 PG. 55 ASSESSOR'S MAP. 9, LOT 25 ZONING: R-4 SCALE.-1'°=JO' . DA 7F- JANUARY 02, 2007 NOTE_- EXIS77NG BUILDING COVERAGE=117- 17.3 Lit i� 21' N � N PALED U o PARKING 0 AREA Z S 87'37' 18" E 77.50' X52' a? ,3 STO4�yv///// 41 S 83.38'58" F 48.48' 48.1' 13, 308 SQ. FT. 0.3 ACRES 140.00' N 89'36'03" W % ca C) co S 89'53'18" E 25.00 O N 0 0 Ln Ln Lo I• �ZH OF A(4 ti l is NO. 3577 91,44L LAV PREPARED BY- JOHN YJOHN ABAGIS & ASSOCIATES, PROFESSIONAL LAND SURVEYORS 9 BAR7LE7T S77?EET, N0. 252, ANDOVER, MA. (978)7688-4899 JOB NO. 5448 �D PA,E4OF4 3. 'JRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in retail all facts relied upon. When requesting a Variance ;`nom the requirements of '91GL4 ch. '10A, Sec. WA .and ,.he North Andover Zoning By-laws, all dimensional :'?nrlirements shail be clearly identified and factually supported. All points, A -F, :are required to be 'iddressed with this application. A)Tire particular use proposed for the land or tructure. : be 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. Q -,.",,,Facts which make up the substantial hardship, _'financial or otherwise, which results from :iteral enforcement of the applicable zoning restrictions .tAth 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. t ) Facts relied upon to support a finding that relief sought may be given without nullifying o.- substantially rsubstantially derogating from the intent or purpose of the Ordinance. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. `E0. 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 !erk's Office and ZBA secretary at least thirty (30) days Nror to the public Bearing before the Zoning Board of ppeals. A :yet of building elevation plans by a Registered Architect may be required 'avhen the ipplication ,wolves new construction/conversion/ and/or a ;?r[;pesed change in use. 0. A. 'f9 ijor arc, ects 'a Cor .rr3jects 'are those, 'which in`Or;l`le me c?f the l!c';aing .rahether ,xi ;ting ar L�cr�:sed: five,5) 4r ?'acre pari inq ;,paces. A) e i;3) or rrr�re a.,uellir*g Pr;its STB ?.4-01 quara :`,at of �. uildinq .�^. Pl�q' �x�^M1_r^L.�." .!'r.11 i ���iir�i, lv �t to �:'.Pi-�i,{��iR.i-i� fsv `(;P� '; •n?7 '`� -s. P at . !ays"eI d VARIANCE ''?!an "ll,o-er ifications: f} Size of plan: Ten (10 ) paper.copies of a plan not to exceed 11'x17", preferred scale of 1 "-40' i, One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. iM P!an shall be prepared, stamped and certified by a ?registered Professional Land Surveyor. Please ijote that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. 10 C. *Required Features 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 S. locations of buildings on adjacent properties within 50' from .applicants proposed structure 7. deed restrictions, easements. 11) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Gate of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and land surveyor. 7. Locus 10 D. Elinor Projects :Minor projects, such as decks, sheds, and garages, shall require only the plan information as 'indicated with an. asterisk (*). In some cases further information may ,2e required. 11. APPLICATION FILING FEES •11. A. Notification fees: Applicant shall provide a check or money order to: '-Town of North Andover - 4122-1760-4841" for the cost of first class, certified, : etum receipt (34.54 as of -January 2003) x # of all parties in interest ldentifred in MGLA ch. 40A §11 on the abutters list for the legal notice check. Aiso, the �Crplicant shail supply first class postage :stamps ',urrently 39¢) x she # of parties of 1f.erest an ,.1 e butter's list forthe decision mailing. 1.13. .Mailing `abets:: kppdcant .,hall 'pro�%ide tour '4) :Ets +af railing labelso "anger if, ,,:or the Legal, and -one copy for t're Decision mailing). 41. cphcant :_.hall prow;de .3 ,;herk ,-)r �-noney ,-r��er :o: -TnNn of North Ardov­3r' er:20;05 Revised Fee I '.ane) 3^ar I?,nt ` :cercinedl .lar! a ,ew pa. t" Pt TOWN OF NORTH ANDOVER OF APPEALS -/00 Procedure & Requirements for an Application fora Special Permit Ten (10) copies of the following information must be submitted thirty (W 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 quirements listed ip the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are undedined. 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• 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: j STEP 3: PLAN PREPARATION: ! Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. SPECIAL PERM T �, D T `i T�Ull CL1.4e 1.1` S_SAC11Lir�I'fci STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules thF 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 o the Zoning Board of Appeals and delivers the legal notic 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 petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4• LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts General I aw ch 40A see I after a ecision is i STEPS: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies STEP 10• RECORDING THE DECISION AND PLANS Of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification o to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification < Zoning Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department.. nn.`�`j, y '.., e� .,t Y 3 ,i' 6 7�4i:�+i�> 1 +�j. �,r :i y.7S*sj•� +, � s ' IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for all Community Development offices E C E78-688-9545 Building Department 78-688-9541 Zoning Board of Appeals Office MAR 1 3 iuul PAGE 1 of 4 BOARD OF APPEALS North Andover Town Hall 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office 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. 40A, §17 Notice of Decision Year 2007 Property at: 98-100 Marblehead Street NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10, May 9, June 12, August 14, 2007 ADDRESS: for premises at: 98-100 Marblehead PETITION: 2007-007 Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North North Andover, MA 01845 TYPING DATE: August 21, 2007 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, August 14, 2007 at 7:30 PM upon the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a three-family unit addition, and for a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.1), and Section 10, Paragraph 10.31 in order to add 3 dwelling units to an existing 2 -family structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the East side of Marblehead Strut within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The following non-voting member was present: David R. Webster. Upon a motion by Ellen P. McIntyre and 2nd by Daniel S. Braese the Board voted to Withdraw without Prejudice sthe dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side etback in order to construct a 3 -family addition; and upon a motion by Joseph D. LaGrasse and 2nd by Daniel S. Braese the Board voted to GRANT a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.1), and Section 10, Paragraph 10.31 in order to add one dwelling unit on the third floor of an existing 2 -family structure and one dwelling unit in an addition to the existing structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot per: Site: 98-100 Marblehead Street (Map 9, Parcels 25 & 22), North Andover, MA 10845 Site Plan Title: Plan of Land, located in. North Andover, MA., at, 98-100 Marblehead Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North Andover, MA. Date (& Revised Dates): March 02, 2007, Revision date: June 26, 2007 Registered Professional John M. Abagis, P.L.S. #35733, John Abagis & Associates, 9 Bartlett Street, Land Surveyor: No. 252, Andover, MA Sheet/Dm Job No. 5448 Page 1 of 3 •aii.Ain .:tr. :J�, it �• �S'..i ,t�'�! '! t •]t• :1 .: a r. { . ,., 4, i to � .. � le S !' ...( ` ' tt 1 � P {� ii'.. .,,I%s�. 1 ; [ . ,� f ..) r.` .j�. ,!,• - ' ;i" .r � .'• ...'f f.c z9``P'"'a E. io� Fi'l't. •. �,.', . ... ;..r ,iti t „ - 7 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. The Board finds that a Variance from 4.136.3.60 for relief from the requirement that an addition or expansion be less than fifty (50) percent in gross floor area is not required because the proposed single family dwelling will be a new structure. The Board finds that the lot designated 880 Great Pond Road (Map 103, Parcel l l l) was created before October 24, 1994 therefore the provisions of the Conservation Zone, the enlarged Non -Disturbance Zone, and the Non - Discharge Zones do not apply. The Board finds that owing to circumstances relating to the shape and topography of 880 Great Pond Road (Map 103, Parcel 111), especially affect this land by being bounded on the north by Lake Cochichewicl The Board finds that the lot has existing water and sewer connections, that the proposed single-family dwelling's footprint is designed to stay outside the 50' no -build line, The Board finds that the permeable driveway paving and roof runoff infiltrators will lessen the impact of the lot usage on Lake Cochichewick, which is the purpose of the Watershed Protection District. The Board finds that the granting of this Variance will not affect generally the Residential l and Watershed Protection District zoning districts in which it is located and that a literal enforcement of the provisions of Section 4.136.3.c.ii.3 would involve substantial hardship, financial or otherwise, to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that desirable relief maybe granted from Section 4.136.3.c.ii.3 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance and/or Special. Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 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. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse David R. Webster Associate Member Daniel S. Braese, Esq. Decision 2007-014. M103P111. Page 2 of 2 _ _ _ ,.; ^ 1 r. . t ,r..r - , :j f �„ :i'.. f !' :'S • t f 'J�-i C f 1 '' A Y 1',. � r .a : iF+ r t" ik. Y i�. , .. !f'!: ...f'.. T''ii 7! _ ., :A.., r � �;: ' If r ' '.tl!' ,f .. { � ..1 tJi . � ... �y l . .r e r � s; r t � - i. Y �,: .. .,.. ,. t � ,. 1 .. Ll r . .r ,� ; i; , .a, r . � . ,. � .:J i r if r '.:. '1 � z Y 1� r, � 1 q .F� r � , r #r y, r , 6 � !.r e , y. Y. Y f� � r � r� � �j - a S i r - �1 ' i r{ ,t iJp.�d � r. y�.ita�.. .. r� ,. �(` ,9. i � .1. a r � r r, is t. ., � ,.. � ., .1; .� .. � ,J' .�.>. �; r _ _ _ ,.; ^ 1 r. . t ,r..r - , :j f �„ :i'.. f !' :'S • t f 'J�-i C f 1 '' A 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. 40A. $ 17 Notice of Decision Year 2007 Prouerty at: 98-100 Marblehead Street NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10, May 9, June 12, August 14, 2007 ADDRESS: for premises at: 98-100 Marblehead PETITION: 2007-007 Special Permit Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North North Andover, MA 01845 TYPING DATE: August 21, 2007 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, August 14, 2007 at 7:30 PM upon the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting ._.� .___.._ _.._....___:.__.__....._: 60 9 ___ fog v4 for a Sneoial Permit from S on ph(s) 4.122.14.C, 4.122.14.D, and Section 10, Paragraph 10.31 in order to ad(Cve mg umts to a _ xisting - 'ly structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend ire -existing, on -conforming structure on a pre-existing, non -conforming lot. Said premise affected is property with rfffntage on e East side of Marblehead Street within the R4 zoning district. Legal notices were sent to all names on the utter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The following non-voting member was present: David R Webster. Upon a motion by Joseph D. LaGrasse and 2°d by Daniel S. Braese the Board voted to GRANT a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.D, and Section 10, Paragraph 10.31 in order to add one dwelling unit on the third floor of an existing 2 -family structure and one dwelling unit in an addition to the existing structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot per: Site: 98-100 Marblehead Street (Map 9, Parcels 25 & 22), North Andover, MA 10845 Site Plan Title: Plan of Land, located in. North Andover, MA., at, 98-100 Marblehead Street, prepared for owner and applicant:, Frank Stewart, 115 Blueridge Road, North Andover, MA. Date & Revised Dates): March 02, 2007, Revision date: June 26, 2007 Registered Professional John M. Abagis, P.L.S. #35733, John Abagis & Associates, 9 Bartlett Street, Land Surveyor: No. 252, Andover, MA Sheet/Drawin : Job No. 5448 Page 1 of 3 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. 40A. $17 Notice of Decision Year 2007 Property at: 98-100 Marblehead Street NAME: Frank Stewart, 115 Blue Ridge Road HEARING(S): April 10, May 9, June 12, August 14, 2007 ADDRESS: for premises at: 98-100 Marblehead PETITION: 2007-007 Variance St North Andover, MA 01845 TYPING DATE: August 21, 2007 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, August 14, 2007 at 7:30 PM upon the application of Frank Stewart, 115 Blue Ridge Road, for premises at: 98-100 Marblehead Street (Map 9, Parcels 25&22), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a three-family unit addition, and for a Special Permit from Section 4, Paragraph(s) 4.122.14.C, 4.122.14.D, and Section 10, Paragraph 10.31 in order to add 3 dwelling units to an existing 2 -family structure and from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. Said premise affected is property with frontage on the East side of Marblehead Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007, The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The following non-voting member was present: David R. Webster. Upon a motion by Ellen P. McIntyre and 2ad by Daniel S. Braese the Board voted to Withdraw without Prejudice the dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a 3 -family addition, Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R-4 yard setbacks per above site and building plans; therefore, no Variance relief is required. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse Associate Members Thomas D. Ippolito Daniel S. Braese, Esq, Decision 2007-007 Variance. M9P25&22. Building Plan Title: 98-100 Marblehead Street, Residential Renovation & Addition, North Andover, Massachusetts By: Jeffrey J. Cook, Registered Architect #5968, Jeffrey J. Cook Architects, Inc., 4 Jackson Street, P.O. Box 7101, Lowell, MA Date: Aril 4, 2007, rev.: 063007 Sheet/Dra A-01 thro h A-08 With the following conditions: 1. The owner of 98-100 Marblehead Street shall apply for a new Special Permit if the istin an proposed structures are extended or reconfigured from the 7 bedrooms in 4 units by this Special Permit, 2007-007. As �Mvj � 2. Adequate, shielded outside lighting still a provided for a parking areas, driveway, and walks, �-►� 3. g evergreen shrubs and tr s be retaine or relocated, and additional evergreeIr shrubs, 4' high and 4' on center be added to screen the parking area`: . 4'l�< Ccs. —MAt" s Li Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The Board finds that the applicant has redesigned the proposed addition so that the footprint is within R-4 yard setbacks per above site and building plans; therefore, no Variance relief is required, &-_ f ''b'& ' �' The Board finds that 98-100 Marblehead Street is located in the Residential 4 Zoning District, that the conversion of the existing two-family dwelling to a three-family structure with attached fourth -family addition is an allowed use with this Special Permit, and that there are two-family, three-family, four -family, and one five -family dwelling units, as well as single-family dwellings on 98-100 Marblehead Street's abutter lists he Board finds that 98-100 Marblehead Street is an appropriate location for this use, and this application with the provisions of Sections 4.122.140, 4.122.14.1), & 10.3 , and Section 9.2 of the zoning bylaw and that the Board may grant this Special Permit for the third and fourth dwelling units: The Board finds that the third and fourth dwelling units, as Ul, �evlopedbove cited plans and conditions, wi 1 not adversely affect the neighborhood because the proposed addition, as designed, will maintain the appearance of the exis n -f ily dwelling by replicatin xistin architectural features. he Master Plan for V � e� n o or main imng diversity o ousmg n preservm open space. „ 4- 3t@el�- A ynt�in tha Pvrctinv trPPC lPcn rill �t,o r ,l. .�101 .1 -- ml ' T rr m , ;., *�� ��+�x►re�-chm}ahan� nd they tx rnil ICU m •==h are, rP =aired for v icnal iasiga :nn_ The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because the lot can provide 8 off-street parking spaces and that 98-100 Marblehead Street has Town water and sewer, telephone, and electrical utilities connections. The Board finds that this conversion and extension is in harmony with the general purpose and intent of the North Andover Bylaw and Master Plan, and the third and fourth dwelling units shall not be substantially more detrimental than the existing two-family dwelling to the neighborhood»raO �vl'� a�ldte Eha a ardaH�P h^���*� Page 2 of 3 Building Plan Title: 98-100 Marblehead Street, Residential Renovation & Addition, North Andover, Massachusetts By: Jeffrey J. Cook, Registered Architect #5968, Jeffrey J. Cook Architects, Inc., 4 Jackson Street, P.O. Box 7101, Lowell, MA Date: Aril 4, 2007, rev.: 063007 Sheet/Drawing: A-01 throu h A-08 With the following conditions: 2. The owner of 98-100 Marblehead Street shall apply for a new Special Permit if the existing and The proposed structure are extended or reconfigured from the 7 bedrooms in 4 units as designed and approved by this Special Permit 2007-007. 2. Adequate, shielded outside lighting shall be provided, as needed, for the parking areas, driveway, and walks per Building Inspector. 3. Existing evergreen shrubs and trees shall be retained and/or relocated, and additional evergreen shrubs, or comparable types no less than 4' high and 4' on center, shall be added to screen the designed parking areas. 4. Trash shall be fenced and secured. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Fi-A _Qs TThe-Board finds that 98-100 Marblehead Street is located in the Residential 4 Zoning District, that the conversion of the existing two-family dwelling to a three-family structure with attached fourth -family addition is an allowed use with this Special Permit, and that there are two-family, three-family, four -family, and one five -family dwelling units, as well as single-family dwellings on 98-100 Marblehead Street's abutter list. The Board finds that 98-100 Marblehead Street is an appropriate location for this use, and this application supports the provisions of Sections 4.122.14C, 4.122.14.1), & 10. 3, and Section 9.2 of the zoning bylaw and that the Board may grant this Special Permit for the third and fourth dwelling units on Map 9, Parcels 25 & 22. The Board finds that the third and fourth dwelling units, as developed per above cited plans and conditions, will not adversely affect the neighborhood because the proposed addition, as designed, will maintain the appearance of the existing two-family dwelling by replicating the existing architectural features, and will conform to the character of the l neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because the lot will provide 8 off-street parking spaces and that 98-100 Marblehead Street has Town water and sewer, telephone, and electrical utility connections. The Board finds that this conversion and extension is in harmony with the general purpose and intent of the North Andover Bylaw and Master Plan, and the third and fourth dwelling units shall not be substantially more detrimental than the existing two-family dwelling to the neighborhood. Page 2 of 3 PAGE 2 OF 4 Dates Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERM Mass complete all items t-10 1. Petitioner: *Name, *Address and telephone number /5 '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: 9 7• fn 8' '7 9-1 9 Years Owned Land: L _ . 3. Location of Property: a. Street: �„✓r� Zoning District: 6-14 b. Assessors: Map Number q Lot Number: Z 5 C. Registry of Deeds: Book Number / O 6 a 3 .: Page. Number. a o j 4. Zoning Bylaw Section(s) under which the petition for the Special Permit Is made. `Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: -'a- 0'— The ' - 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 pag 4. section 9 of this application. Page 3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMI 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage 'Parking Minimum Lot Setback S� Ft.Sq. Ft. Coverage 13308' F S 105 Sil le� S� 7 5.7 -5o °6 68. Proposed Lot(s): Lot Are® Open Space Percent Lot Frontage Parking Minimum Lot Setback .A AOS' Sq. F S' . _3�� �% NI � Feet Spaces 105 /o Front Si A Side B 6 I5. Rear 15.7 117. % 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) J Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. .'Ft:i , a 1 S a o fY/ H U % Feet Spam 100 to Front Side A Side B 30 Rear 30 7A. Existing Building(s): Ground Floor Number of Total . Use of Number Square feet Floors Sq. feet Building* of Units*" t 3 3 a-76 a 31 'Reference Uses from the Zoning Bylaws & Table 1. "State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Sqn2refed_ Sq fed— -- ----- - --- _@*------ - -- — .�--- o� iTniis y 3 7 F� , p S _ *Reference Uses from the Zoning Bylaws & Table 1. *-State number of units in building. S. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Evo application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporti 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 this responsibility. The petitioner shall be responsible for all expenses for filing and lei notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations m esukt in a dismissal by the Zo 'ng Board of this appligation as inco pkete. Sianature TVDe above name(s) here jj R7- . Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood Street, Building 20,, Suite 2-36 North Andover, MA. 01845 Fax 978-688-9542 Phone 978-688-9545 98-100 licant: Frank Stewart uest: Convert existing 2 -family dwelling to a Date: 1 3-12-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Kemea for the above is cnecKeu oeruw. Item # Special Permits Planning Board Item # Variance B-4 Site Plan Review Special Permit C4-5 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit S ecial Permits Zonin Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit B-4 Special Permit for Extra Units R-6 Density Special Permit Special Permit Pre-existing, Non - Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the ab a e. Youmust file a w building permit application form and begin the permitting process. �' Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Referred To: Fire �li`niti�r jQ-a e A X Zoning Board of Appeals Conservation De artment of Pufdli. }' X Planning B-4 A Special Permit from the Zoning Board of Appeals is required for the conversion of an existing structure to a 5 dwelling unit structure per 4.14.0 of the Zoning Bylaw "The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw." BUILDING DEPT B-4 A Special Permit from 9.2 of the Zoning Bylaw is required for the change, extension, or enlargement of a pre-existing, non -conforming structure is required from the Zoning Board of Appeals in order to construct the proposed addition. C-4 thru C-5 Dimensional Variances for the rear and right side setbacks on the proposed addition will be required from the Zoning Board of Appeals per 7.3 & Table 2 of the Zoning Bylaw. 8-4 A Site Plan Special Permit is required from the Planning Board for any "Any construction which results in the addition of more than two thousand (2,000) square feet of gross floor area to an existing structure; or results in the requirement of five (5) or more new or additional parking spaces..." per 8.3.2.ii. Referred To: Fire Health Police X Zoning Board of Appeals Conservation De artment of Pufdli. }' X Planning Historicafc6riif 9 f6n z. Other BUILDING DEPT ZoningBylawDenia12000 ft To: The Town of North Andover, Zoning Board of Appeals From: Frank and Joanne Stewart Subiect property: 98- 100 Marblehead St. Re: Special Permit Written Documentation Date: 3-06-07 1. The particular use proposed for the land or structure We are requesting a special permit for the proposed conversion of an existing two unit to a five unit dwelling in an R-4 district. 2. The specific site is an appropriate location for such use, Structure or condition. —This specific site is an appropriate location as it is located within a Mixed-use neighborhood consisting of 1,2,3 and 4 family dwellings. There are 40 abutters on our list, with 50% being single family and 50% are multi- families. The adjacent sites range between 3600 —,9000 sq. ft. lots. The proposed location consists of 13,308 sq. ft., which is a legal Conforming lot. 3. There will be no nuisance or serious hazard to vehicles or Pedestrians. Submitted with our plan of land is parking for 10 vehicles. Existing street sidewalk will not be altered as not to cause a nuisance or hazard to vehicles or pedestrians. All our properties are checked on a daily basis for cleanliness and neighborhood harmony. 4. Adequate facilities will be provided for the proper operation of The proposed unit. Adequate facilities will be provided and installed at no cost to the Town. Upgraded water, sewer, and fire sprinkler will be installed as per specification. 5. The use is in harmony with the purpose and intent of the zoning By-law. Approving a high quality, creative project such as proposed, will enhance character of the neighborhood, as well as quality of life for the residents of North Andover. 6. Specific reference to the criteria required by the particular special permit for which this application is made. The criteria for this special permit to allow conversion from a two to a five unit are based upon section 4.122. 14D 1. Consistency with North Andover Master Plan: Guide future land use by redirecting pattern of growth. 2. Add housing stock without excessive production of single Families. 3. Reserve and enhance housing stock. 4. New construction or substantial alteration of building must compliment these neighborhoods MASSACHUSETTS QUITCLAIM DEED PVC, Steven M. Nugent and Courtney M. Nugent of 35 Hollow Tree Lane, North Andover, County of Essex, State of Massachusetts, in consideration of and in full consideration of FOUR HUNDRED THIRTYNZNE THOtMAND DOLLARSAND 00/100 ($439,000.00) grant to FRANESTEWART of 115 Blue Ridge Road, North Andover, County of Essex, State of Massachusetts, Individually, W(TH L9UITCLALM COVENANTS, all our right, title and interest in two parcels of land with the buildings thereon situated in North Andover, Essex County, Commonwealth of Massachusetts, on the Easterly of Marblehead Street, bound and described as follows: PARCEL ONE: Shown as plan entitled "Plan of Land owned by J. and E. Bottomley, Charles I~. Cyr, Civil Engineers, December, 1916. Approved by the North Andover Appeals, " recorded with Essex North Registry of Deeds as Plan No. 1673, bound and described as follows: WESTERLY: by said Marblehead Street, fifty-five feet;. NORTHERLY: by land now or formerly of One Curren; seventy-seven and 50/100 feet and forty-eight and 16/ 100 feet by land of John and Eliza Bottomley; EASTERLY: by Lot numbered three (3) as shown on plan formerly recorded with said Registry of Deeds at the end of Book 255, now being numbered 0122, forty-eight and 70/100 feet; and SOUTHERLY; by Lot numbered four (4) as shown on said last mentioned plan, one hundred fifteen feet. PARC.UL TWO: Being part of Lot four (4) as shown on a plan of land entitled, "Plan of Land owned by D.J. Costello," John Franklin, C.E., which said plan, originally recorded at the Registry of Deeds for the North Registry District of said Essex County, in Book 255, Page 600, is now Desk Plan No: 0422 at said Registry of Deeds. The granted premises are more particularly bound and described as follows: NORTHERLY: One hundred forty (140) feet by lots one (1) , two (2) and part of lot three (3) as shown on said plan, EASTERLY: fifty (50) feet by land now or formerly of Walter Waddilove and Marion Piscilla Waddilove; SOUTHERLY: one hundred forty (140) feet by lot five (5) as shown on said plan; and WESTERLY: fifty (50) feet by the easterly side of said Marblehead Street. Said premises are conveyed subject to and with the benefit or easements and restrictions of record if any insofar as the same may now be in force and applicable to said premises. Being all and the same premises conveyed to Grantors by deed of Steven A Nugent dated November 20, 2002 and recorded in the Essex North District Registry of Deeds at Book 7365, Page 55. WITNESS my hand and seal this 7thday of February, 2007 Steven M. Nugent Courtney M, ugent Commonwealth of Massachusetts Essex, ss. February 7, 2007 On this 31sT day of January, 2007, before me, the undersigned notary public, personally appeared Steven M. Nugent and Courtney M. Nugent, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he)(she) signed it voluntarily for its stated purpose. Notary Publi,r' My commission expires: Df' iJ. 9CALISE 17IARCY PUBLIC C©rrxraciwe�Ith of I�aeaadtueetts kl��0arin�wlon @xpUer. 0¢l�1/2012 GERMED PLOT PLAN PREPARED FOR. FRANK STEWART AT 98-100 MARBLEHEAD STREET NORTH ANDOVER, MA. NORTH ESSEX REGIS77RY OF DEEDS. 8K. 7365 PG. 55 ASSESSOR'S MAP. 9, LOT 25 ZONING. R-4 SCALE. 1 "=30' DATE.- JANUARY 02, 2007 NOTE.- EXIS71NG BUILDING COVERAGE=1190. S 87"37' 18" E 77.50' of 52 � ,3 STORY 4 WOOD FRAME/ N VDWELLING%�� O. 98-100 i 17.3 w 21' CV i N PAVED o PARKING AREA Z S 83"38'58" E .` 48.48' 48.11 1 J, JOB SQ. ET. 0. J ACRES 140.00' N 89'36'03" W v� o� S 89`53' 18" E 25.00'1 13�: O N o O Ln L O O m OF �Cis . NO. 3577 LL MAD PREPARED BY- JOHN YJOHN ADAGIS & ASSOCIATES, PROFESSIONAL LAND SURVEYORS 9 BAR7LETT STREET, NO. 252, ANDOVER, MA. (978),-688-4,899 JOB NO. 5448 GI �\� a��\�\ ƒ a �a�a�a � � � ' r � � . � � � � � � . I I \ i � } ! �I. \ �~� �� ® /{ \ \\\ � � \ \\\\ � . Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) 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 oppostteon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town. - Subject Property. MAP PARCEL Name Address 9 25 Steven Nugent 98-100 Marblehead Street North Andover, MA 01845 Abutfers Properties Man Parcel Name Address 9 1 Arthur McCue 70 Marblehead Street North Andover, MA 01845 9 3 Peter Jordan 16 Baldwin Street North Andover, MA 01845 9 5 James Erb 6 Baldwin Street North Andover, MA 01845 9 6 RDE Realty Trust 61 Union Street North Andover, MA 01845 9 7 Kathryn Turco 69 Union Street North Andover, MA 01845 9 8 Donald Marinelli 50 Union Street North Andover, MA 01845 9 9 Christopher Rozzi 13 Annis Street North Andover, MA 01845 9 10 Daniel Regan 112 Thoreau Way Lawrence, MA 01843 9 11 Ruth Frederickson 21 Annis Street North Andover, MA 01845 9 12 Amelia Coughlin 25-27 Annis Street North Andover, MA 01845 9 17 Christian Ampenberger 122 Marblehead Street North Andover, MA 01845 9 18 Christian Ampenberger 122 Marblehead Street North Andover, MA 01845 9 19 Diana Roix 125 Meadow View Road North Andover, MA 01845 9 20 Michael Boenitz 110 Marblehead Street North Andover, MA 01845 9 21 Frank Stewart 115 Blue Ridge Road North Andover, MA 01845 9 22 Steven Nugent 98 Marblehead Street North Andover, MA 01845 9 23 Frank Stewart 56 Union Street North Andover, MA 01845 9 24 Dennis Dufresne 66 Union Street North Andover, MA 01845 9 26 Thomas Gilligan 68 Union Street North Andover, MA 01845 9 28 John Mattheson 79 Marblehead Street North Andover, MA 01845 9 36 Atlantic Realty 92 Union Street North Andover, MA 01845 9 37 Edward Snell 86 Union Street North Andover, MA 01845 9 38 Eric Baldwin 84 Union Street North Andover, MA 01845 9 39 Paul Dubois 57 Second Street North Andover, MA 01845 9 40 Aaron Greene 91 Marblehead Street North Andover, MA 01845 9 41 Stewart Reality Trust 101 Marblehead Street North Andover, MA 01845 9 42 Stewart Reality Trust 115 Blue Ridge Road North Andover, MA 01845 9 43 Raymond Stewart 71 Slivermine Road North Andover, MA 01845 9 44 Olympia VI Realty Trust 277 Lowell Street Andover, MA 01810 9 54-0090.0 Wayne Cush 90 Beverly Street North Andover, MA 01845 9 54-0092.0 Wayne Pitcher 92 Beverly Street North Andover, MA 01845 9 71 Daniel Bergstrom 71 Marblehead Street North Andover, MA 01845 9 77-0001.0 Chuong Hoang 98 Beverly Street U-1 North Andover, MA 01845 9 77-0002.0 Charlene Bobek 98 Beverly Street U-2 North Andover, MA 01845 9 78 Phaedra Caoette 87-89 Union Street North Andover, MA 01845 14 33 Alfred Fichera 43 Union Street North Andover, MA 01845 14 34 Kurt Sandman 23 Frothingham Road Burlington, MA 01803 14 44 James Hetherington 22 Annis Street North Andover, MA 01845 14 45 Sylvia Little 14 Annis Street North Andover, MA 01845 14 46 Joseph Laurino 10 Annis Street North Andover, MA 01845 Date 2/9/2007 Page 1 of This certifies that the names appearing on the records of the Assessors Office as of Jas 141"1 / Lc, b t Certified byr ::, _ Date PAGE SPECIAL PERMIT _ , 9. WRITTEN DOCUMENTATION% Applica n for 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. All points, 1-6, are 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 by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a ------ proposed change use.—_ ----- — 10 A. Major Projects A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760- Major projects are those which involve one of the 4841" for the cost of first class, certified, return receipt x following whether existing or proposed: # of all parties in interest identified in MGLA ch. 40A §11 1 five or more parking spaces, s or more dwelling units, on the abutter's list for the legal notice check. Also, the II) three ( applicant shall supply first class postage stamps x the # III) 2000 square feet of building area. of parties of interest on the abutter's list for the decision Major Projects shall require that in addition to the above mailing features, plans must show detailed utilities, soils, and topographic information. *10. B. *Ran Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not. to exceed 11 "x17' , preferred scale of 1"=40' ED One (1) Mylar not to exceed 24"x36". III) All Site plans shall be the result of an instrument survey certified by a Registered Professional Land Surveyor with a block for five (5) ZBA signatures and date indicated on the Mylar.. Other registered professionals, such as Registered Architects, Registered Professional Landscape Architects, Registered Professional Civil or Geotechnical Engineers, etc., may collaborate on the Site Plan. *10 C. *Features To Be Included On Ran: I) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50'.from applicants proposed structure 7. deed restrictions, easements. U) Legend & Graphic Aids: 1. ProP4sed 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 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. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. E-E-FE- M p