HomeMy WebLinkAboutSpecial Permit Application - Application - 72 ELM STREET 3/17/2022 (2) TOWN OF NORTH ANDOVER SPECIAL
ZONING BOARD OF APPEALS TERMIT
NAME:
ADDRESS OF APPEAL: 72 Elm Street,North Andover MA 01il45 .w,,C1.ERK TEME STAMP
'3
Procedure & Requirements V
for an Application for a Special Permit
Twelve(12)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty QJO days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant
periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to
Board of all application as incomplete, the parties in interest(abutters)and for publication in the
The information herein is all abstract of more specific newspaper. The petitioner is notified that the legal notice has
requirements listed in the Zoning Board Rules and been prepared and the cost of the Party in Interest fee.
Regulations and is not meant to supersede them. Tile
R&MM&iU complete items that are underlined. STEP 7:DELIVERY OF LEGAL NOTICE TO
NEWSPAPER:
STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office of the
The petitioner applies for a Building Permit and receives a Zoning Board of Appeals and delivers the legal notice to the
Zoning Bylaw Denial form completed by the Building local newspaper for publication.
Commissioner.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
STEP 2: SPECIAL PERMIT APPLICATION FORM: BOARD OF APPEALS:
Petitioner completes an application form to petition the Board The petitioner should appear in his/her behalf,or be
of Appeals for a Special Permit, All information as required in represented by an agent or attorney. In the absence of any
items I through and including I I shall be completed. appearance without due cause on behalf of the petition,the
Board shall decide on the matter by using the information it has
STEP 3: PLAN PREPARATION: received to date.
Petitioner submits all of the required plan information as citied
in page 4,section 10 of this form. STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be sent to
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: all Parties in Interest. Any appeal of the Board's decision may
The Petitioner requests the Assessor's Office to compile a be made pursuant to Massachusetts General Law ch.40A§ 17,
certified list of Parties in Interest(abutters). within twenty(20)days after the decision is filed with the
Town Clerk,
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(11)Xerox STEP 10:RECORDING THE DECISION AND THE
copies of all required information to the Town Clerk's Office to PLANS.
be certified by the Town Clerk with the time and date of filing. Tile petitioner is responsible for recording certification of the
The original will be left at the Town Clerk's Office, and the I I decision,the Mylar,and any accompanying plans at the Essex
Xerox copies will be left with the Zoning Board of Appeals County,North Registry of Deeds,354 Merrimack Street, Suite
secretary. #304,Lawrence MA.01843 and shall complete the
Certification of Recording form and forward it to the Zoning
Board of Appeals and to the Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community&Economic Development North Andover Town Hall
120 Main Street 120 Main Street
North Andover,MA.01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Office of Community&Economic Development 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
(00220117;vl) PAGE IOF4
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
Please wxn fete all items 1-10 below:
1. Petitioner: *Name, *Address and telephone number:
Happy Trails Preschool LLC 108 Myrtle Street Methuen MA 01844 617 767-1639
*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:
Trinitarian_Congregational Church of North Andover, 70 Elm Street,North Andover, MA 01845
(978) 686-4445
Years Owned Land: 55
3. Location of Property:
a. Street:70 Elm Street Zoning District: R-4
b. Assessors: Map Number: 42 Lot Number: 2
c. Registry of Deeds: Book Number: 1076 Page Number: 297
4. Zoning Bylaw Section(s)* under which the petition for the Special Permit is made.
Sections 195-4.3.T and 195-10.7. See also Table 1: Summary of Use Regulations)
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building
Commissioner.
5. Describe the Special Perm-it request:
Applicant is requesting;a.Special Permit to operate a Day Care Center within the Residence 4(R-4) Zoning
District.
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 citied on page 4,of this application.
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PAGE 3 OF 4
NORT14 ANDOVER ZONING BOARD OF APPEALS application for aSPECIAL PERMIT
6A. Existing Lot:
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
45,294 21.2 % 280.5/171.0' 12 27'/49' 68'
6B Proposed Lot(s):
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
45,294 21.2 % 280.5/171.0' 12 277 49' 68'
6C. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
. 12,500 n/a n/a ......% 100 30 15 15 30
*1 space per four persons based on design capacity of the facility(s.195-17,29)
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.Feet Building* of Units"
7028 2 Church
*Reference Uses from the Zoning Bylaw&Table I
"State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form,which is the official form of the Zoning Board 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.
Signatur
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Type above names) here:
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(00220117;vl)
PAGE 4 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
9. WRITTEN DOCUMENTATION II). One(1)Mylar,with one(1)block for Registry
Application for a Special Permit must be supported by a Use Only,and one(1)block for five(5)ZBA
legibly written or typed memorandum setting forth in signatures&date.
detail all facts relied upon. When requesting a Special III). Plan shall be prepared, stamped and certified
Permit from the requirements of M.G.L ch.40A, Sec. 10.4 by a Registered Professional Land Surveyor.
and the North Andover Zoning Bylaws,all dimensional Please note that plans by a Registered
requirements shall be clearly identified and factually Professional Engineer.Registered Architect,
supported. All points,A-I+,are required to be addressed and/or a Registered Landscape Architect may be
with this application. required for Major Projects.
A. The particular use proposed for the land or structure. *IOC. *Required Features On Plan.
B. The circumstances relating to soil conditions,shape or I). Site Orientation shall include:
topography of such land or structures especially 1. North point
affecting the property for which the Special Permit is 2. Zoning district(s)
sough which do not affect generally the zoning district 3. Names of streets
in which the property is located. 4. Wetlands(if applicable)
C. Facts which make up the substantial hardship, 5. Abutters of property,within 300' radius
financial or otherwise,which results from literal 6. Locations of buildings on adjacent properties
enforcement of tine applicable zoning restrictions with within 50' from applicants proposed structure
respect to the hand or building for which the Special 7. deed restrictions,easements.
Permit is sought. M. Legend&Graphic Aids shall include:
D. Facts relied upon to support a finding that relief 1. Proposed features in solid lines&outlined in
sought will be desirable and without substantial red
detriment to the public good. 2. Existing features to be removed in dashed lines
E. Facts relied upon to support a finding that relief 3. Graphic scales
sought may be given without nullifying or 4. Date of Plan
substantially derogating fi-om the intent or purpose of 5. Title of Plan
the Ordinance. 6. Names addresses and phone numbers of the
F. Submit RDA from Conservation Commission when applicant,owner or record,and land surveyor.
Continuous Buildable Area is applied for in ZBA 7. Locus
application. 10D. Minor Projects
Minor projects,such as decks,sheds,and
10. PLAN OF LAND garages,shall require only the plan information as
Each application to the Zoning Board of Appeals shall be indicated with an asterisk(*). in some cases further
accompanied by the following described plan. Plans must information may be required.
be submitted with this application to the Town Clerk's
Office and the ZBA secretary at least thirty(30)days 11. APPLICATION FILING FEES
prior to the public hearing before the Zoning Board of 11.A. Notification fees: Applicant shall provide a
Appeals. check or money order to:"Town of North Andover"for
the cost of first class,certified,return receipt x##of all
A set of building elevation plans by a Registered parties in interest identified in M.G.L ch.40A§11 on
Architect may be required when the application abutters list for the legal notice check. Also,the
involves new construction/conversion/and/or a applicant shall supply first class postage stamps for each
proposed change in use. address listed on the abutter's list,plus an additional two
1OA. Major Projects (2)for the decision mailing.
Major Projects are those,which involve one of the 11.13. Mailing labels: Applicant shall provide four
following whether existing or proposed: 94)sets of mailing labels no larger than 1"x2-5/8"(Three
1). Five(5)or more parking spaces, (3)copies for the Legal,and one(l)copy for the Decision
11). Three(3)or more dwelling units, mailing).
111).2,000 square feet of building area.
11.C. Applicant shall provide a check or money order
Major Projects shall require that in addition to the 10B& to: "Town of North Andover"per the 2005 Revised Fee
10C feature,that the plans show detailed utilities,soils, Schedule.
and topographic information.
*lOB. Plan Specifications: ®® A Special Permit once granted by the ZBA will
1). Size of plan: Ten(10)paper copies of a plan lapse in two(2)years if not exercised and a new
not to exceed 11"x17",preferred scale of petition must be submitted.4-4
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