HomeMy WebLinkAboutMiscellaneous - Exception (679)NORTH
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Zoning Bylaw Denial
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
Phone 978=688-9545 Fax 978-688-9542
_._Street: _
5.9
Map/Lot:
Z
23 - 070—
Applicant-
A plicant:Request:
Notes
Request:
Rey -ail S P.ocC !moo- -,4,
Date:
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Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning G R
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
S
2
Frontage Complies. -
Special Permit preexisting nonconforming
3
Lot Area Complies
3
Preexisting frontage
y� 5
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed �t
y S
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required 4
3
Preexisting CBA
y e s
5
Insufficient. Information
4
Insufficient Information
C
Setback
H
Building Height
1
I All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
LjC .5
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s)
4-( e S
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
y 5
1
Not in Watershed
Lie S
4
Insufficient Information
2
In Watershed
j
Sign
/A
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required 4
Ile S
2
Not in district
y+e S
2
Parking Complies
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item # Variance
a - X Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Frontage Exception Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
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 Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special Permit preexisting nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent
changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein
by reference. The building department will retain all plans and documentation for the above file. You must file a new building
permit application form and begin the permitting process.
uilding Department Official Signature
9 - a6 -ma /0-3 -®
Application Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
NFSin�
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Plan Review !narrativerA
The following narrative is provided to further explain the reasons for denial for the application/',
permit for the property indicated on the reverse side:
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Referred To:
Fire
Police
Conservation
Other
Health
Uepartment of Public Works
Historical Commission
BUILDING DEPT
Plan Review Narrative � r}
The following narrative is provided to further explain the reasons for denial for the application%`°
permit for the property indicated on the reverse side:
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Registry of Deeds incorporated in or attached to such application that such lot was
lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and
provided that on such a lot there shall be kept open and not built upon a front yard
and a rear yard each not less than 20 feet deep, and two side yards, each not less than
12 feet wide; and further provided that such lot shall have a minimum street frontage
of 50 feet and a minimum lot area of 5,000 square feet.
2. In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining, may
with a Special Permit from the Board of Appeals be permitted to be combined into a
new lot or lots of not less than 10,000 square feet area each, and with not less than
100 feet street frontage, provided it be shown to the Board of Appeals that each such
lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957
and the Building Inspector shall permit the construction of one single family
dwelling on each such 10,000 square foot lot.
3. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to
land shown on an approved definitive subdivision plan as defined by the Subdivision
Control Law, for the length of time described in M.G.L. Ch 40A.
4. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect
the use of land shown on an endorsed Approval Not Required Plan, as defined by the
Subdivision Control Law, for the length of time described in M.G.L. Ch 40A.
(Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting, Article 41)
SECTION 8 SUPPLEMENTARY REGULATIONS
8.1 Off Street Parking
1. Whenever a building is erected, reconstructed, moved or expanded or if a change in
use occurs so as to increase its floor area and/or design capacity, there shall be
provided on the same lot with such building or on a lot contiguous thereto (or within
100 feet thereof) in the same ownership as the parcel containing the primary use, a
sufficient number of open or covered parking spaces to satisfy the requirements of
the following schedule for the new building or increased design capacity of floor
area:
2. Where a use is not indicated prior to construction or issuance of building permit, the
number of parking spaces provided shall be the maximum required.
100
Use
One or two family residence
Multi family residence
Congregate Housing
All other places with
accommodations including
(but not limited to) rooming houses, hotels,
motels, hospitals, nursing homes.
Auditoriums, theaters,
athletic fields, funeral
parlors, day care centers
and other places of assembly.
Restaurants, sit down
restaurants, drive through
food
Retail store and service
establishments.
Offices
101
Minimum Spaces Required
2 spaces per dwelling unit.
2 spaces per dwelling unit. 1
space per dwelling unit for a
unit designed and occupied by
the elderly as defined under
government assisted programs.
0.75 per dwelling unit
(29/'87)
1 space per sleeping room for
single or double occupancy, 1
per 2 for rooms exceeding
Double beds for rooms
exceeding double occupancy
1 space per 4 persons
based on the design
capacity of the facility.
1 per 2 seats or 15 per 1000
GFA (Whichever is or fast
greater applies).
6 per 1000 square feet
!GFA except 5 per 1000'
square feet GFA in Business 1 1 �
,and $ General Bus. 1
1 space per 300 square
feet of GFA.
Medical Offices and
Research facilities
Warehousing, Wholesaling, Distributing
3 Spaces per 1000 square feet
GFA plus one space per
employee.
1 space per 500 square feet GFA.
Manufacturing, assembly,
Fabrication, etc 1 space per 2 employees in the
minimum working shift or 1 space per
1,000 GFA whichever is greater
3. The required parking for any two (2) or more uses or structures may be provided by
the allocation of the total of the various spaces required for each use or structure in a
common parking facility, cooperatively established and operated (1997/30).
4. The regulations of this section shall not apply to non-residential uses or structures
whose minimum parking under the above schedule would amount to five (5) parking
spaces or less or residential uses or structuress whose minimum parking would
amount to two (2) parking spaces or less.
5. If the Building Inspector is unable to identify a use with one (1) or more of the uses
in the above schedule, application shall be made to the Board of Appeals for the
purpose of determining a sufficient quantity of parking spaces to accommodate the
automobiles of all customers, employees, visitors, occupants, members or clients
consistent with the provisions contained in the above schedule.
6. The Board of Appeals may by variance make exceptions to the provisions of this
section and , upon a written request of the owner and after a public hearing, authorize
the Building Inspector to issue permits for buildings and uses having less off-street
parking than specified herein, whenever the Board of Appeals finds that under
normal circumstances such lesser off-street parking area would adequately provide
for the needs of all persons using such building. Such exceptions may be limited as
to time, use or intensity of use.
7 A parking space shall mean an area of not less than 9' x 18', accessible over
unobstructed driveways not less that 25' wide.
8. For multi -family dwellings the front yard shall not be used for parking for accessory
uses.
102
9. In all residential districts the front yard shall not be used for parking for accessory
uses.
10. In residence districts parking or outdoor storage of one (1) recreational vehicle
(camper, etc.) and one (1) boat per dwelling unit may be permitted in an area to the
rear of the front line of the building. All other recreational vehicle and boat storage
(if any) shall be within closed structures.
11. Loading facilities provided for any use shall be sized, located, arranged, and of
sufficient number to allow service by the type of vehicle customarily excepted for
the use while such vehicle is parked completely clear of any public way or sidewalk.
12. In residence districts garaging of off-street parking of not more than four (4) motor
vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not
more than two (2) may be commercial vehicles other than passenger sedans and
passenger station wagons, but not counting farm trucks nor motor -powered
agriculture implements on an agriculturally active farm or orchard on which such
vehicles are parked. Commercial vehicles in excess of one (1) ton capacity shall be
garaged or screened from view of residential uses within three hundred (300) feet by
either:
4
a. A strip at least four (4) feet wide, densely planted with trees or shrubs which
are at least four (4) feet high at the time of planting and which are of a type
that may be expected to form a year-round dense screen at least six (6) feet
high within three (3) years, or
b. An opaque wall, barrier, or fence of uniform appearance at least five (5) feet
high, but not more than seven (7) feet above finished grade. Such screening
shall be maintained in good condition at all times, and shall not be permitted
to exceed seven feet in height within required side yards. Such screening or
barriers may be interrupted by normal entrances or exits and shall not be
required within ten (10) feet of a street lot line.
Garaging or off-street parking of an additional two (2) commercial vehicles
may be allowed by Special Permit. When it is deemed to be in the public
good, parking for additional pleasure vehicles may be allowed by Special
Permit.
13. Village Commercial Dimensional Requirements
Parking
103
V
Objective: To produce parking which is aesthetically pleasing, well screened, accessible and
broken into smaller parcels that may directly and adequately service adjacent structures.
a. A minimum of 5% landscaping and green space must be provided for all
parking areas. This 5% is not intended to include the buffer zones, but shall
include all internal landscaped islands in the parking areas.
b. No single section of parking may contain more than 25% of the total
proposed parking spaces or more than 50 spaces, whichever is less. As a
method of division, 6' wide parking lot islands shall be installed to provide
the proper break between adjacent parking lots. For projects which require
less than 50 spaces in total, the Planning Board may allow 50 spaces to be
located together if an effective visual buffer is provided. Each landscaped
island must be 6' in width at the minimum. In locations where the possibility
exists to enlarge the entire island or portions thereof, the Planning Board
would recommend that such measures be taken.
C. In all instances where natural topography lends itself to the screening of these
parking areas it shall be left in its natural state. The Planning Board may at
their discretion require additional screening at the owners expense.
d. Parking lots shall be provided only at the side or to the rear of the buildings.
The Planning Board may, at their discretion,'allow up to 50 spaces, or 25%
of the total parking, whichever is greater, to be located to the front of the
structure as long as all other dimensional criteria are adhered to.
e. The Planning Board shall have the discretion to allow between 4 - 6 parking
spaces per 1,000 square feet of Gross Floor Area for retail development in
the Village Commercial District.
14. -One (1) handicapped parking space shall be provided for every twenty (20) parking f
spaces provided on site. The handicapped space shall be 12' x 20' and be indicated
by a ground mounted sign and pavement markings. j
8.2 Automobile Service Stations and Other Automobile Services
Automobile service and filling stations, automobile repair shops, body shops and painting
shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be
erected, placed or located within fifty (50) feet of any residence district or residence
structure.
In addition, the use or structure shall conform to the following requirements (in addition to
district requirements):
104
1. The minimum frontage on a street shall be one hundred and fifty (150) feet.
2. The maximum width of driveways and curb cuts measured at the street lot line or
lines shall be thirty (30) or barriers may be interrupted by normal entrances or exits
and shall not be required with ten (10) feet of a street lot line.
8.3 Site Plan Review
1. Purpose
a) : The purpose of this section is to protect the health, safety, convenience and
general welfare of the inhabitants of the Town by providing for a review of
plans for uses and structures which may have significant impacts, both within I
the site and in relation to adjacent properties and streets; on pedestrian and i
vehicular traffic. This _review considers the impact on public services and
infrastructure; environmental, unique and historic resources; abutting properties;
and community character and ambiance. r
b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9.
All Site Plan Review applications submitted under the provisions of this section
shall be reviewed by the Planning Board as a Special Permit.
c) Sites and developments to which this section.. applies shall comply with the
regulations of this section as well as those other applicable Town Bylaws, or the
requirements of the Commonwealth of Massachusetts, prior to any construction being
undertaken in the Town of North Andover,
2. Developments Which Require Site Plan Review
a) Site Plan is required when:
i) 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;
105
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