The URL can be used to link to this page

Home My WebLink About1981-02-09TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 11, 1981 Daniel Long, Town Clerk To~n Office Building North Andover, Mass. 01845 Dear Mr. Long: Notice is hereby given for your records that 'the Board of Appeals unanimously voted at its meeting of February 9, 1981 to amend its Rules and Regulations as follows: Add to A.Vticle .!I.,....Sec. 1 Application Form the following sub-section: "1 (a) Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these." This amendment shall take effect immediately. A copy of the Board's application form reflecting this ohauge is enclosed. Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman j~ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE: This application must be typewritten APPLICATION FOR EELIE~ FROM THE RE~UIFJ~ENTS OF T~E ZONING ORDINANCE Applicant Address I. Applioatio~ is hereby made (a) For a variance from the requirements of Section of the Zoning By-Laws. ,' Pe~a~graph (b) For a Special Permit under Section Zoning By-Laws. , Paragrap~ of the (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected are land and buildings numbered Street. Premises affected are property with frontage on the North ~ast , West side of No. Street, .. , South. ., S~re~t, and known as (c) Premises affected are in Zoning District area of and frontage of , and the premises affected have an feet. 3. ~n~rship: (a) Name and address of owner (if joint ownership, give all names): Date of purchase Previous owner (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee ..... Other (explain) Size of proposed building:. Height: stories; Ocm~ancy or use of each floor: (c) Type of construction: front; feet deep. feet. Size of ~×isting building:. Height: stories; .feet front; feet deep. feet. /Appro×im~te date of erection: Occupancy or use of each floor: (c) Type of construction t{as there been a previous appeal, under zoning, on these premises? If so, when? . 7. Description of relief sought on this petition 8. Deed recorded in the Registry of Deeds in Book Certificate No. Book Page Page or Land Court The principal points upon which T base my ~pplication are as follows: (must be stated in detail). I agree to pay for advertising in newspaper and incidental expenses. (Petitioner's Signature) Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the clerk upon request. Any co~nunication purporting to be an application shall 'be treated as mere notice of intention to seek relief ~ntil such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner, abutters, o~a~ers of land ~irectly opposite on any public' or private street or way, and abutters to the abutters ~thin three h~ndred feet of the property line of the petitioner as they appear on the most recent applicable tax list~ notwithstanding that the land of any such o~a~er is located in another city or to~.~, the Planning Board of ihe city or town, and the Planning Bo~d of every abutting city or to~.,m. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publi- cation, but are not necessarily limited to lhese. LIST OF PARTIES IN INTEREST Name Address ADD ADDITIO],~L ~Z~~ ?S IF ~,:~ ~iS~ '\RY TO ~VN ¢)F ~\~ 0 R T ~{ A N 13 0 V E ]~ I. Ru~es ~e]ative to ~he Issuance of~ec~l -~dopted by the Board ~nder %~e provisions of S~c. ~, Ch. ~OA~ G.L. F~led with %he ToC~ Clerk on gug~s% 2~, 1~7~ . A. ~ applic~t for a special ,Pe~t, for a use or activity requiring such pe~it from %his Bo~d ~der the Zoning ~-~Law, shall file' an application in fo~ (4) copies ~dth this Boa~ (S~A) and ~ran~mi2 a copy of the application to the To~m C]erk. '- 1.A f,~e to cover blue cost of.advertis%ng p~b][o 'headlOng notices p~s said notificalion ~o parties ~n interest. 2~ T,~elve.(12) copi~s of plans a~d ,~ '~' -' . opec~c~:t~ons ~eeded for the 5ecision %he S~, if ~,ex~ew of-Other Boards: Before acting upon %he app. licatRon~ tl~e Planning ~oard shall suhr, i% t~e appli- cation with %he pt~ 2o the following boards~ which may renew it jointly or separately:: Board of ~eal%h', Dept. of '~%lic Works~ Conservation HigIn-:ay ~rweyor,' Police ~d Fire Depts.~'.and ~n~ld5ng InSpector. Amy such ,~o~ or age~xcy %o ~-~hich petitions are referred for review sh~l suhmi~ such r~o~:.~:~ca~ons as i% dee~s appropriate to the P]~nRng ~oard and the appl~cam%. FaRl~e to ma}re reco:mmen~tions within 35 days of receipt of referrals shall dee:zed lack of ' '' ' oppos ~ t ~on. ?obl t. ~e Poa~'d will schedule a public hearing at ~he earliest possible date, no later th~ 65 da3, s after filing of the application depending on availability of the needed ~'fo~ation emd z'esponse from other interested boa~s ~d ~encies, mad publication time as re~ired' by Sec. 11 of Ch. qU,e notice of the public he~ing shall a~ 'the ne~r,e of the applic~t; ~ ' the location off the area or premises including a street address, if ~he ~bjec~ ,~t%er of the he,ming; 2~e date, time and place of tlc hearing. 3- I~otice of public hearing shall ~e:.. a) Published in a newspaper of general circulation in the to~ once in 'each of two successive weeks. T~e. first puhlicalion m~ not ~e less t~n fo~een (14) days %~fore %he day of %he hearing; . b) Posted in a conspicuous place in %he %o~ hall for a period of not less %h~ fourteen (1~) days before %he day' of %he hearing; o) Nailed %o "P~ies in inieres~" which shall include: %he appllc~%, a~i~e'~s, owners of lmud 'directly opposite on ~y public or private s~ree~ or way~ the o%~ers of ]~d ~,~thin t~ee h~dred fee% of proper~ line, %he F]~xuing Board of %he %o~.:n and ~he Fl~mning Board of every abut%lng oily or %o;,~. ('Pne assessors shall certify the n~es ~md a~dresses of "parties in iniercsl"); ~d d) Nailed %o other inai~a~ls, bo~s or ~enc~es as dee~ed %y %~is Bo~a,~ ~ . Approval: . -/ % .~ -~ ~ ~ - · 1. Within nineiy (~0) days following the date of lhe p~%lic he~ing, %he SPGA ~'o ~i%hin shall-lake final action. If ibis ~oa~ fails %o %~e final ac~x n %he ninely d~ time limit, the special permit shall %e deeme'8 iss~:~ce of a Special Fermi% re~dires a vote of at leas% fo~ members of ' the Plarining ~oard. Before 6~a~ting a special permit, %h~s Board shall find that 'the proposed use or ~.c~u~y is ~n co~r~pl~amoe with all provisions and require~ents of the Zoning ~y-Law~ smd in ha~?o~ly ~;i%h its general purpose and ~ntent. 3. Special per,airs may %e issn~ed subject to such conditions, safeg~ards, or !imitations on time or use as the ~oard ~,ay impose for the protection of ~eighboring Uses or oiSe~-~se se~ing %he purposes of ihe ~y-Law. cond-iiions, safe~ards ~d limilalions shall %e i~nposed in wriling. ~is ~oard will keep a ~eiailed record of tis proceedings~ which will indi- cate: a) t]~e vo~e of each ~em%er ~pon each quesiion~ inc]'oding whe~]]er me,~ber was absent or failed %o vo~e; b) ~]~e ~-aa. zon or reasons fSr %t~e ?card's decis~on~ end c) i]~e off%cial ~o~.ton ~at<en. 5. 'Upon ~he ~r~t~g of a special permit, %his Doard shall: a) file a copy of %he ~cision with i~ record of ils proceedings ~il a cervix_ed copy of its dec~sion to. the o-.-;ner and to if other %~ %he owner; s~nd a noiice of the decision lo t}~e "parties in inieresi" and persons ~:ho req~e~e~ a notice a% %he public hearing. 6. A special pe~w, it shall not t~e eyfe¢~ ~til: a) the To~m Clerk certifies ca a ~$p~ of %he ~ecision, issued by %his ~oard ~o %he o%~er~ ~ha% ~wen~y (20) days have e~apsed wi%hou~ filin~ of ~ appeal oP %ha% ~ appeal filed has %een dismissed or denied~ ~ b) ~he certified copy of %he decision has %een recorded a% ~he o~er's e>~ense ~ %he Re~s%ry of Deeds, indeIed in %he ~%om index ~der %he n~e of ~he record o%~er~ ~d no%ad om ~he o~er's cer%ifica~e of 7- If an application is unfavorab~ ac%e~ upon, ~he applicam~ may no% re- apply ~-;i%]~in %wo years excep~ ~) firs% requesting %he ~l~ng ~oard's consen% %o s~ch action; %) %he Planning ~oa~ %efore ~o~ing on whe%Ser %o ~ve such consen%, shall notify all panics in ~n%eres%-of %he %ime ~d piece when uhe-~es~lon o~ such consen% ~dll %e consideredi c) all ~t one of %he members of %he Fla~n~ ~oard ~s% consen%; d) %his ~oar4 may allow re-application after m~ing findings of specific ~d ~;~a%erial changes ~n ~he conditions upon which %he ~favorable procee~ 8. ;_ny a~p]ica~on for a special per~% m,y %e v.~bar~,,n >~m~hou% prejudice Ly i]%e pa~icne~ prior %o %}',e p-ob]~ca~on of the firs% public no%~ce. O~ce %he Do%~ce ]]as Leen published~ a wl%]~cra%.,al prejudice may only %e v.~%h %he approval of ~his ~oa~. ~dop-ted o~: ]~orth Ando-~er Plam~in~ ~oard