HomeMy WebLinkAboutCASEY, CORNELIUS M & KAREN L 1� n
Town of North AndoverAORTol
OE 41�°D °1•VO
Office of the Zoning Board of Appeals F?
Community Development and Services Division
Heidi Griffin, Division Director
27 Charles Street crwge
North Andover,Massachusetts 01845 Telephone(978)688-9541
D. Robert Nicetta Fax(978)688-9542
Building Commissioner r-..,
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Legal Notice
North Andover, Board of Appeals o CD r"",
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Notice is hereby given that the Board of Appeals will hold a public hearing a
Senior Center, 120R Main Street,North Andover, MA on Tuesday the 90'of Vhe
April, 2002 at 7:30 PM to all parties interested in the appeal of Cornelius&
Karen Casey, 10 Cabot Street,North Andover requesting a Variance from
Section 7, Paragraph 7.1, 7.2, & 7.3 in Table 2 for dimensional relief of front, side
and rear setback for an existing dwelling, and proposed addition, and left and rear
setbacks for an existing shed, on a non-conforming lot;and for a Special Permit
from Section 9, Paragraph 9.1, and Paragraph 9.2 for the extension of pre-
existing, non-conforming structures on a pre-existing,non-conforming lot.
Said premises affected is property with frontage on Cabot Street within the R-4
zoning district.
Plans are available for review at the office of the Building Department 27 Charles
Street,North Andover, MA Monday through Thursday from the hours of 9:00
AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on March 25 &April 1, 2002.
Legalnotice 2002-016
BOARD OF APPE.�LS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS
PROCEDURE
and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND
for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules
a SPECIAL PERMIT the applicant for a hearing date and prepares the legal
Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters) and
be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
prior to the first public hearing. Failure to submit cost of the Party in Interest fee.
the required information within the time periods
prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO
Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE:
The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office
requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal
Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication.
are underlined will be completed by the Town
STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING
The petitioner applies for a Building Permit and BOARD OF APPEALS:
receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be
Building Commissioner. represented by an agent or attomey- In the absence of
any appearance without due cause on behalf of the
STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using
Petitioner completes an application form to petition the the information it has otherwise received.
Board of Appeals for a Special Permit. All information STEP 9: DECISION:
as required in items 1 through and including 11 shall be
completed. After the hearing, a co of the Board's decision will be
copy
sent to all parties in interest. Any appeal of the Board's
Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts
Petitioner submits all of the required plan information as General Laws ch.40A sec. 17, within twenty(20)days
cited in item 10 page 4 of this form. after the decision is filed with the Town Cleric.
STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION
Petitioner submits one (1) original of all the required PLANS'
information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of
The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex
certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence
copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of
Appeals secretary. Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest(abutters). N
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IMPORTANT PHONE NUMBERS. cn
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978-688-9501 Town Clerk's Office D
978-688-9545 Building Department MAR 1 2 2002
978-688-9541 Zoning Board of Appeals Offi
BOARD OF APPEALS
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PAGE 2 OF 4 Date&Time
Stamp
Application for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS ~
1. Petitioner: Name, address and telephone number:
C V-.,,j rsuysmr�� ,T,G
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
CO P-AfeX-c v s vrt 6"OFS 41V7 Tr-. AW D
Years Owned Land: d9
3. Location of Property:
a. Street: (o Gaf3o-i— .ter-, Zoning District Z
b. Assessors: Map number Lo mber:�_ Nuz(.
c. Registry of Deeds: Book Numbers Page Number:3-3
4. By-Law Sections under which the petition for the Special Permit is made.
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
S. Describe the Special Permit request:
e-x -r�AjDi&)cr 'PrZ4L:,;; --epclSTr.I4,.-. flex) CouGoxm/sit ash .
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*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is
required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
i
1
Page 3 of 4
Application for a SPECIAL PERMIT
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
b. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
to LS IZ �at?lorc/
% 4- Z Sem
c. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
o�
7. a. Existing Buildings:
Ground Floor Number of Total Use of Number
i Square feet Floors Sq.feet Building* of Units
*Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units
3S-0 AVC11-r?0AJ
Tl,c� .Poo-4
*Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building.
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. .
Signature Im,
al-
Type above name W here CatgE-zl
f
PAGE 4 OF 4Application for a SPECIAL PERMIT
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:
detail all facts relied upon. This is required in the case A. Site Orientation shall include:
of a Special Permit when the following points, based on 1. North point
MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district(s)
and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets
identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable)
below points individually is required with this 5. abutters of property,within 300 foot radius
application. 6. location of buildings on adjacent properties within
1. The particular use proposed for the land or structure. 50'from applicants proposed structure
7, deed restrictions, easements
2. The specific site is an appropriate location for such B. Legend$Graphic Aids:
use, structure or condition. I, proposed features in solid lines 8 outlined in red
vehicles or pedestrians.3. There will be nuisance or serious hazard to 2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Adequate and appropriate facilities will be provided for 4. Date of Pian
the proper operation of the proposed use. . Title of Plan.
the zoning by-law.
5. The use is in harmony with the purpose and intent of 55Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or
required by the particular special permit for which this surveyor.
application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS:
Permit respond to criteria and submittal Major Projects shall require that in addition to the above
requirements). features, plans must show detailed utilities, soils, and
10. Plan of Land topographic information. A set of building elevation and
Each application to the Zoning Board of A interior of building plans will be required when the
ppl' ng Appeals shall be application involves new construction/conversion and/or a
accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor
be submitted with this application to the Town Clerk's projects including decks, sheds,&garages shall be
Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan,
the public hearing before the Zoning Board of Appeals. which include a ground level elevation
10 A. Major Projects 11. APPLICATION FILING FEES
Major projects are those which involve one of the following A. Notification Fees: Applicant is to send by certified
whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then
spaces, b)three or more dwelling units,and supply proof of mailing to ZBA secretary. Applicant is
c)2000 square feet of building area. to supply a
Minor projects that are less than the above limits shall Pp Y stainPs(appropriate current postage)for
require only the plan information as indicated with mailing of decisions to all parties of interest as
identified in MGLA ch. 40A in sec. 11 as listed on the
asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of
required. stamps.
B. Applicant is to supply one(1)set of addressed
10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail
a) Size of plan: Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest.
11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application.
b) Plan prepared by a Registered Professional Engineer
and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse
signatures and date on mylar. in two (2)years if not exercised and a new petition
must be submitted.
TOWN OF NORTH ANDOVER VARIANCE #'
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must STEP 8:SCHEDULING OF HEARING AND
be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and
incomplete. for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
The information herein is an abstract of more specific Cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
i Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEWSPAPERIPARTY IN INTEREST FEE:•
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
j a Permit Denial form completed by the Building
Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
j BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. in the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using
completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be
cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days
Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk.
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION
certifying the time and date of filing. The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
Appeals secretary. the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Department Office.
Office a certified list of Parties in Interest (abutters).
F
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IMPORTANT PHONE NUMBERS: CD CD
978-688-9541 Zoning Board of Appe v z��__
978-688-9501 Town Clerk's Office D ( =r—><
978-688-9545 Building Department n X v c
MAR .0 r >
1 2 2002 ..
0
Uq
BOARD OF APPEALS
Page 2 of 4
Application for a VARIANCE
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
r-Z. -S'rc
1 o C pt 3 o T _<z-z"x49eZ' O oK.T 14 �L-
qftf, 4,6 (-- Ito 6
'The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Gm�Lfi—=L_1y 5 IVA-55 Tom. RAJ D ��4ZEAJ Com. CAS��
i
Years Owned Land:
3. Location of Property:
a. Street: I o fir. Zoning District ji�'.— 4--
b. Assessors: Map number_ 1,5-_Lt Number: 2-6
c. Registry of Deeds: Book Number 2. Page Number: 3 3
4. Zoning Sections under which the petition for the Variance is made.
_ ! 7. 2 . 7. 3 A.,j a�, -T-As
'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
450:7r-8A�s cvoj LSA iyo�C.'r
iZ — �R+✓1L FoTL��ee�. A ZEA.IZDeaT-54,,C a�4 �1�
"The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in
a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back"
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. %
B. %
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
710 4- 30 % G9 If A.1.4. Zo.S /5'•Z
2(
c. Proposed Lot (S):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
i
d. Required Lot: (As required by Zoning By-Law)
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building*
t o0o Z ZoOO � i
8
*Reference Uses from the Zoning By-Law.State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
. Sa ( 35a _ArJp c-t7 orJi �VT�.4t-•� i4iy�rc.� T�oorvt'
*Reference Uses from the Zoning By-Law.State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with
the Town 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 mplete.
Signature •
Type above name (s) here in. C,4 S •� J dz.
I
PAGE 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
typed memorandum setting forth in detail all facts relied upon. When
requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN:
10.4 of the North Andover Zoning y By-Law all dimensional requirements A. Site Orientation shall include:
i
shall be clearly identified and factually supported and addressing 1. North point
each of the following points individually is required with this 2. zoning district(s)
application. 3. names of streets I
4. wetlands to be shown on plan (if applicable)
A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius
B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend&Graphic Aids:
which the property is located. 1. Proposed features in solid lines&outlined in red
C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines
financial or otherwise, which results from literal 3. Graphic Scales
enforcement of the applicable zoning restrictions with 4. Date of Plan
respect to the land or building for which the variance 5. Title of Plan
is sought. 6. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and
bylaw, topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks,sheds,&garages shall be
10. Plan of Land included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be which includes a ground level elevation.
accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES
be submitted with this application to the Town Cleric's
Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects Applicant is to supply stamps(appropriate
Major projects are those which involve one of the following current postage)for mailing of decisions to all
whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A,
spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary
c)2000 square feet or more of building area. will compute number of stamps.
Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks ("). In some cases further information may be decisions to abutters and parties in interest.
required C. Administrative fee of$50.00 per application.
10 B. Plan Specifications:
a) Size of plan: Ten (10) copies of a plan not to exceed
11"x17", preferred scale of 1"=40'. A variance once granted by the ZBA will lapse in
b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must
and/or Land Surveyor, with a block for five (5)ZBA be submitted.
signatures and date indicated on mylar.
a'r� D'1ti Bylaw
Zoning y Denial
A Town Of N
orth Andover Building Department
*��•� ,.�y" 27 Charles St. North
Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: q o
Map/Lot: f
A plicant; Cern» t u S v. KA np ti C'AS .y
Request: a����x is �� ,•..Via,Jm rA �. x
Date:
rd•- an
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R -
Item Notes
A Lot Area Item Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2Lot Area Preexisting
3 Lot y e S 3 Preexisting frontage 2 Frontage Complies
Area Complies e
4 Insufficient Information 4 Insufficient information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required y e S 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient ye S, 2 Complies
3 Left Side Insufficient 'ie S 3 Preexisting Height
4 Right Side Insufficient 'ie S 4 Insufficient Information 4 e S
5 Rear Insufficient H e S i Building Coverage N
6 Preexistin setback s /A
� � 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed eS 4 Insufficient Information
2 In Watershed Sign
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 requiredN
21 More Parking Required
Not in district H S 2 Parkin Complies
3 Insufficient Information 3 Insufficient Information
4
,re-exi;ting Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Review S ecial Permit
Access other than Frontage Special Permit 1Z Setback Variance
Frontage Exception Lot Special Permit Parkin Variance
Lot Area Variance
Common Driveway Special Permit
Con re ate Housin S ecial Permit Height Variance
Continuing Care Retirement Special Permit Variance for S
Continuing
Inde endent ElderI Housin Special Permit Special Permits Zoning Board
Special Permit on-Conforming Use ZBA
Lar e Estate Condo S ecial Permit Earth Removal Special Permit ZBA
Planned-Development District S ecial Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit *Secial
cial Permit for Si n
R-6 Densit S ecial Permit
Watershed S ecial Permit Permit nonconformin
r�c i,
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.
Building Departmen Official Signature Application Received Application Denied
Denial Sent : If Faxed Phony
Plan Review Narrative
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 Health
Conservation ZonjRg Board
Plannin De artment of Public Works
Other Historical Commission
BUILDING DEPT
i
50 DEERMEADOW ROAD
NORTH ANDOW-R, MA 01845
E-MAIL FrankGllesSmuey@mediaone.net
TEL. (978)683-2645 (978)683-3924
SURVEYING LAND PLANNING CONSULTING
SEPTER.,IBER 24, 2001
To: NORTH ANDOVER ZONING BOARD OF APPEALS
From: FRANK S. GILES, F.L.S.
RE: SPECIAL.PERMIT APPLICATION from MGLA ch. 40A Sec. 10
Site: 10 CABOT ROAD
This document is to address a requirement%BITTEN DOCUMENTATION of Section on
wage 4 tf 4 on the Special Permit application.
1. The particular use is existing as a Single Family Residential and remains as such.
2. The use nor conditions shall change; however, the structure is being increased by an
amount consistent with the other structures in the area.
3. The abutters may voice whether a nuisance as the addition being built may not meet
their approval. The vehicles and pedestrians are in no proximate area to this structure
and therefore are of no hazardous condition.
4. The facilities are not a necessary concern with this proposed addition.
5. The use is to remain the same and is in harmony with the purpose and intent of the
zoning bylaw,
6. The criteria for this Special Permit being requested for the extension of a non
confonning structure is basing our appeal on a hardship of existing conditions on a
financial situation of not being able to purchase a larger house for a growing family.
Please call me for any questions you may have in this matter.
Thank you
Frank S. Giles, P.L.S.
Town of North Andover, Zoning Board of Anneals
Parties of Interest/Abutters Listinty
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 opposite on any public or
private street or 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,
notwithstanding 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."
Applicant's property,list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
MAP 15, PARCEL 26 CASEY, CORNELIUS M, JR & KAREN 10 CABOT ROAD
ABUTTERS PROPERTIES
MAP PARCEL NAME ADDRESS
— 015.0-0011 — TRICKETT, JOSEPH S 21 NORMAN ROAD
— 015.0-0012 — BOEGLIN, PAULINE ESTELLE 29 NORMAN ROAD
015.0-0013 _ _ SMITH, DAVID V 29 BUCKINGHAM ROAD
015.0-0014 _ STACK, BARBARA A 33 BUCKINGHAM ROAD
015.0-0025 - JULIUS,JEFFREY S 18 CABOT ROAD
015.0-0024 — _ NIZIAK, WALTER F 20 CABOT ROAD
— 015.0-0010 — _ BONFILIO JR, PETER J 11 NORMAN ROAD
015.0-0031 — - ANDRUSS, EDWARD L - 9 CABOT ROAD
015.0-0032 _ _ SOUCY, MARY E - 15 CABOT ROAD
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
DATE
SIGNATURE PAGE OF
cutifi Date G
Bo rd of Asse r No kdov
TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS r
PROCEDURE "' --
and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND
for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Boar!of Appeals schedules
i a SPECIAL PERMIT the applicant for a hearing date and prepares the legal
Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters)an$.l
be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is
pri
i notified that the legal notice has been prepared and the
or to the first public hearing. Failure to submit cost of the Party in Interest fee.
the required information within the time periods
i prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO
f Board of an application as incom tete. NEWSPAPERIPARTY IN INTEREST FEE:
The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office
requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal
Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication.
are underlined will be completed by the Town
STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING
The petitioner applies for a Building Permit and BOARD OF APPEALS:
receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be
Building Commissioner. represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
i STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using
Petitioner completes an application form to petition the the information it has otherwise received.
Board of Appeals for a Special Permit. All information
as required in items 1 through and including 11 shall be STEP 9: DECISION:
completed. After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
Step 3: PLAN PREPARATION decision may be made pursuant to Massachusetts
Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17,within twenty(20)days
cited in item 10 page 4 of this forma after the decision is filed with the Town Clerk.
STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION
Petitioner submits one (1) original of all the required PLANS.
information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of
The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex
certifying the time and date of filing.:The remaining ten County North Registry of Deeds, Lawrence
copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of
Appeals secretary. Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information,the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
,. , . , M
IM\PORTA
NT PHONE NUMBERS:
978-688-9501 Town Clerk's Office
978-688-9545 Building
Department `' '� �
978-688-9541 Zoning Board of Appeals Office
PAGE 2 OF 4 Date &Tima
Stamp
:- A
pplication for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
,-
1. Petitioner:- Name, address and telephone number:
• ,:Cdr 1U �;�� fin S�
V - _ t 10� -
'The petitioner shalt be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
cor .0 £ KC PC
1�1 An�OV`Z C0L* Years Owned Land• d
3. Location of Property:
a . Street:
^Zoning pistrict -
b. Assessofs: Map number !..FL
Lot N tuber: ,G,
_ �.. 4
c. Re is .of Deeds: Book Number
9 � ` Page Number.
4. By-Law Sections under which the petition for the Special Permit is made.
'Refer 6 the Permit Denial and Zoning By-Lawj Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
P, 5-t'
1 '
or _
1
"The above description,shall be used for the purpose of the legal notice and decision. A more detailed description is
required pursuant to the zoning Board Rules and Regulations as cited on page-4 of thls'application.
5
i Page 3 of
Application for
SCLC �L PRt�'�7
w,x,s+:rii,�i��,' `�rA..#:,�„""+s'N( 'R+#k'-�rtm y„�2Ly;•�cw�asv+y.a .¢ '�'� ���'Yax +< - -. ,_
-# +s.b�i"hsYh3t. .7 oe�'w..a`'an"3:Sv�ax:ac t. sa..�e.b�•i> 3.,.nF ���,..- •mow.. '
6.a Existing
NOR` ti ANt�C�1i:E�2 2t7Ni�1G BC�ARb�f�P APPEXiLS
Lot Area Open Space - Percent Lot Frontage Parking * Minimum lot se#$ack•
Sq. Ft. Sq. Ft. Covera e .
"f``�`--� r�,�.,� �Sb Fig_dt 11
Spaces Fr Sr``de A Side B Rear
96 �;
b. Proposed Lot (S):
Lot Area Open Space Percent Lot, Frontage Parking s` Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ` �
96 cc`'=
--+ -�rnrn
C:)MC)•
C. Required Lot: (As required by Zoning By-Law) <;K=
r*a ,,
Lot Area Open Space Percent Lot Frontage Parkin 'J
Sq. Ft. Sq. Ft. Coverage Feet Spaceg * Minimum Lot set Back-' W
r sy Frgnt Side A Side B, , Rear
7. a. Ext�.ting Buildings: A I:
l
_ .!. 1 +
Ground Floor '° Number of Total Use:of
Square feet Floors Sq.feet °Building* Number
f
o Units
Doo i 2
'Reference Use Code,num6ers and Uses from the Zoning By- nr. State number of units in building
B. Proposed Buildings:
Ground Floor Number of Total Use of
E Square feet Floors Sq.feet Building* Number
of Units
��
t-t 16
z •Refer— e�USe Codesand Uses from the Zoning Ordinance. State numberof units in building. j
8. Petitioner and Landowner signature (s),
Every application for a Special Permit shat(be made on this form which is the official-form of the ZoningBoard of-
Every PA -
Appeals. Eve application shall be filed with the Town Clerk's Office, it shat! be the responsibility of the petitioner to
i famish all supporting documentation with this a
PPlication. The dated copy of this application received by the Town Clerk'
or the Zoning Board of Appeals doe nat absolve the applicant from this-responsibility. The Petitioner shall be
responsible for all expenses for filing and.tegai notification: Failure to Comply
as cited
herein and in the Zoning Board Rules and Regulations may result in a dismsal by twith helZotatng;Board of this�appiication
as Incomplete.
Signature
Type above name s here . co
_4r CQse f
- .....— A
PAGE 4 OF 4�z � � Application for aSP E
CAL P
1 ERM1T
t,. �'- ��i.��f� '`-'t '-.i k _�� ` s � x � s,„.' Ta ,` ;' Ss.` � ,_ r�._++:,•• Ss;, '3 n+u...+y "as- .• p, ',.a;'
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:
detail all facts relied upon. This is required in the case
of a Special Permit when the following points, based on 1. Site Orientation shall include;
MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1• North point
and P 9.2 Special Permit Granting Authority shall be clearly 2• zoning district is
identified and factually supported: Addressing each of the 3. names of streets
below points individually is required with this 4• wetlands to be shown on plan Cf applicable)
application. 5. abutters of property,within 300 foot radius
6. location of buildings on adjacent properties within
1. The particular use proposed for the land or structure. 50'from applicants proposed structure
2. The specific site is an appropriate location for such 7• deed restrictions, easements
use,structure or condition. B. Legend& Graphic Aids:
3. There will be no nuisance or serious hazard to 1• Proposed features in solid lines&outlined in red
vehicles or pedestrians. 2• Existing features to be removed in dashed lines
4. Adequate and appropriate facilities will be provided for 3• Graphic Scales
the proper operation of the proposed use. . 4. Date of Plan
5. The use is in harmonywith t 5. Title of Plan
he u
purpose and intent o
the zoning by-law. f 6. Names addresses and phone numbers of the
6. Specific reference and response to the criteria applicant, owner of record, and designer or
required by the particular special permit for which this surveyor. l
application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS:
Permit respond to criteria and submittal
requirements). Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
10. Plan of Land topographic information. A set of building elevation and
Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the
accompanied by the following described plan. Plansmust application involves new construction/conversion and/or a
be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for minor
Office and ZBA secretary at least thirty(30)days prior to projects including decks,sheds,&garages shall be
the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan,
which include a ground level elevation
10 A. Major Projects
'Major projects are those which involve one of the following 11.APPLICATION FILING FEES
whether existing or proposed: a)five or more parking A. Notification Fees:Applicant is to send by certified
spaces, b)three or more dwelling units,and mail all legal notices to all abutters, and then
c)2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is
Minor projects that are less than the above limits shall to supply stamps (appropriate current postage)for
require only the plan information as indicated with mailing of decisions to all parties of interest as
asterisks (*) In some cases further information may be identified in MGLA ch. 40A in sec. 11 as listed on the
y application.ZBA Secretary will compute number of
required. stamps.
B. Applicant is to supply one(1)set of addressed
10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail
a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest.
11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 pera plication.
b) Plan prepared by a Registered Professional Engineer
and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse
signatures and date on mylar. in two (2)years if not exercised and a new petition
must be submitted.
SCOTT L ILE-S, P L Air
50 DEERIVMADOW ROAD
NORTH ANDOVER, MA 01845
E-MAIL FrankGilesSuruey�r�mediaane net
TEL. (978)683-2645 (978)683-3924
SURVEYING LAND PLANNING CONSULTING
SEPTEXIBER 24, 2001
To: NORTH ANDOVER ZONING BOARD OF APPEALS
From: FRANK' S. GIL.ES, P.L.S.
RE: SPECIAL PERMIT APPLICATION from MGLA eh. 40A Sec. 10
Site: 10 CABOT ROAD
This document is to address a requirement WRITTEN DOCUMENTATION of section on
page 4 of 4 on the Special Permit application.
1 The particular use is existing as a Single Family Residential and remains as such.
2. The use nor conditions shall change;however, the structure is being increased by an
amount consistent with the other structures in the area.
3. The abutters may voice whether a nuisance as the addition being built may not meet
their approval. The vehicles and pedestrians are in no proximate area to this structure
and therefore are of no hazardous condition.
4. The facilities are not a necessary concern with this proposed addition
5. The use is to remain the same and is in harmony with the purpose and intent of the
zoning bylaw.
6. The criteria for this Special Permit being requested for the extension of a non
conforming structure is basing our appeal on a hardship of existing conditions on a
financial situation of not being able to purchase a larger house for a growing family.
Please call me for any questions you may have in this matter.
Thank you
Frank S. Giles. P.L.S.
f NOHTH
0
Zoning Bylaw Denial
00
p Town Of North Andover Building Department
�'�s°•,�.. �<y 27 Charles St. North Andover, MA. 01845
g^CHUSfi
Phone 978-688-9545 Fax 978-688-9542
Street: 10 q D
Ma /Lot: cZ
Applicant: C&rn,e t V1 -4- K,a IN
Request: 0771,5 tc /a Mal,,
Date:
-- o•2r1 — n 1
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R -
Item Notes
A Lot Area Item Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting y e S 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage e 'S
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area N
2 Not Allowed 1 Insufficient Area �
3 Use Preexisting Z Complies
4 Special Permit Required y e S 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient ye e, 2 Complies
3 Left Side Insufficient ye 3 Preexisting Height
4 Right Side Insufficient e S 4 Insufficient Information
5 Rear Insufficient `� S
1 Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed e 5 4 Insufficient Information
2 In Watershed Sign
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 1( Parking
1 In District review required N
1 More Parking Required
2 Not in district y e S 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4
i
re-existing Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item# Variance
Site Plan Review Special Permit 2n Setback Variance
Access other than Frontage S eciai Permit Parking Variance
Fronto a Exce tion Lot S eciai Permit Lot Area Variance
Common Drivewa S eciai Permit Hei ht Variance
Con re ate Housing Sp ecial Permit Variance for Sign
Continuing Care Retirement Special Permit
Independ erly Housin S eciai Permit S ecial Permits Zoning Board
S
Larne Estate Condecial Permit Non-Conformin Use ZBA
o S eclat Permit Earth Removal S eciai Permit ermit
Ian ZBA
ned Develo ment District S eciai Permit S eciai Permit Use not Listed but Similar
Planned Residential S ecial Permit
R-6 Densit S eciai Permit 5 eciai Permit for Si n
Watershed Special Permit S eciai Permit reexistin nonconformin
ae.►
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.
Building Departmen Official SignatureApplication Received Application Denied
Denial Sent : If Faxed Phone Nlrirnh.rrn.,+,
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
C) 11 e le X�15�"ttL NDS~COAdAnY11�%u 7rvU`�
/
D ry d e r. e K r 6�1 t ti ,moo tir C'u.�h!1cj r o41.4-q 2 v 7L
;vn,
kJ �1a1'e
7
C J / v •S r\c.
/`,ea?r UAR/ANC-,e ra ,v nc, JDc.S��
vQr 13 tiC�e j'o Y- a�, s��ti 3 l�� � SY�l,n C�S
..l
•r11�
Referred To:
Fire Health
Police Zoning Board
Conservation De artment of Public Works
Plannin Historical Commission
Other BUILDING DEPT
TOWN OF NORTH ANDOVER, MA
ASSESSORS RECORDS
CERTIFIED ABUTTERS LIST:
SUBJECT PROPERTY:
MAP & PARCEL ADDRESS OWNER
MAP 15,
PARCEL 26 10 CABOT ROAD CASEY, CORNELIUS M, JR & KAREN
MAP & PARCEL ADDRESS OWNER
015.0-0011 21 NORMAN ROAD TRICKETT, JOSEPH S
015.0-0012 29 NORMAN ROAD BOEGLIN, PAULINE ESTELLE
015.0-0013 29 BUCKINGHAM ROAD SMITH, DAVID V
015.0-0014 33 BUCKINGHAM ROAD STACK, BARBARA A
015.0-0014 33 BUCKINGHAM ROAD STACK, BARBARA A
015.0-0025 18 CABOT ROAD JULIUS,JEFFREY S
015.0-0024 20 CABOT ROAD NIZIAK, WALTER F
015.0-0010 11 NORMAN ROAD BONFILIO JR, PETER J
015.0-0031 9 CABOT ROAD ANDRUSS, EDWARD L
015.0-0032 15 CABOT ROAD SOUCY, MARY E
�.-
SESSOR: DAT
Town of North Andover %ORT#1
Office of the Zoning Board of Appeals 0? °b`'' � A
Community Development and Services Division
27 Charles Street ` °-R-'�•�""
North Andover,Massachusetts 01845 c►n►sEt
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner- Fax(978)688-9542
Any appeal shall be filed Notice of Decision
within(20)days after the Year 2001
date of filing of this notice
in the office of the Town Clerk. Property at: 10 Cabot Road
NAME: Cornelius &Karen Casey DATE: 4/22/02
ADDRESS: 10 Cabot Road PETITION: 2002-015
North Andover,MA 01845 HEARING: 4/9/02
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,April 9,
2002 at 7:30 PM upon the application of Cornelius&Karen Casey,10 Cabot Road,North Andover,MA
requesting a Variance from Section 7,Paragraphs 7.1,7.2,&7.3 and Table 2 for dimensional relief of front,
side and rear setbacks of an existing dwelling,and proposed addition,and left and rear setbacks for an
existing shed on a non-conforming lot;and for a Special Permit from Section 9,Paragraph 9.1 and
Paragraph 9.2 for the extension of pre-existing,non-conforming structures on a pre-existing,non-
conforming lot in the R-4 zoning district.
The following members were present: Robert P. Ford,Walter F.Soule,Ellen P.McIntyre,George M.
Earley and Joseph D.LaGrasse.
Upon a motion made by Joseph D.LaGrasse and 2na by Walter F.Soule,the Board voted to GRANT a
dimensional Variance for relief of front setback of 9.5 feet for the existing structure,left side setback of 5
feet and rear setback of 18 feet for the proposed addition;and left side setback of 11 feet and rear setback
of 28 feet for an existing shed;and a Special Permit from Section 9,Paragraph 9.1 and 9.2 for the
extension of pre-existing,non-conforming structures on a pre-existing,non-conforming lot as shown on the
Plan of Land by: Scott L.Giles,Registered Professional Land Surveyor,#13972,50 Deermeadow Road,
North Andover,MA 01845 revised 3/12/02 on the condition that the mylar be changed to Cabot Road and 4
page Plans for Karen&Neal Casey, 10 Cabot Road,North Andover,MA dated 8/1/01. Voting in favor:
Robert P. Ford,Walter F.Soule,Ellen P.McIntyre,George M.Earley and Joseph D.LaGrasse.
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,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 his,
commenced,and may be re-established only after notice,and a new hearing. N c_
c
C
The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.4 of the zol g -_-i Q n
bylaw and that such change,extension or alteration shall not be substantially more detrimental than th. :c: cu cc-:
existing structure to the neighborhood. c?p
-0 co71do
Town of North Andover c
B of Ap is w M ?'
���
Ro A P.Ford,Acting Chairman
Decisions2002-016
BOARD OF APPEALS 688-9541 BLTILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Jan- 14-02 02 : 55P P . 03
ct NpN rH �
ti
9
" i E iVED
*` JOYCE €3RADSHA"
TOWN CLERK
NORTH ANOOVER
`tO*R'M A.ND(')VER
c»Cr or 1002 JAN 10 P 2: 49
T ISE 7 O ENT 3O: R.D 01 777
t�'E'i�:�L�,
Date: f ILL-
TO-
r L-TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 978.--a88-9542
Please be advised that i wish to withdraw my petition without_12reiudica
from the Zoning Board of Appeals agenda for property located at:
STREET: j f� CfL 1 0L t
TOWN:
NAME OF PETITIONER: C� . 1�:;.� u �` f��✓trK �l { T s t1 ;,
Signed: tiC:
etitioner (or petitioner's representative)
mhariance
r: C I r Q V
4 zoi3z
BOARD OF APPEALS
TOWN OF NORTH ANDOVER, MA
ASSESSORS RECORDS
CERTIFIED ABUTTERS LIST:
SUBJECT PROPERTY:
NlAP & PARCEL ADDRESS OWNER
MAP 15,
PARCEL 26 10 CABOT ROAD CASEY, CORNELIUS M, JR & KAREN
MAP & PARCEL ADDRESS OWNER
015.0-0011 21 NORMAN ROAD TRICKETT, JOSEPH S
015.0-0012 29 NORMAN ROAD BOEGLIN, PAULINE ESTELLE
015.0-0013 29 BUCKINGHAM ROAD SMITH, DAVID V
015.0-0014 33 BUCKINGHAM ROAD STACK, BARBARA A
015.0-0014 33 BUCKINGHAM ROAD STACK, BARBARA A
015.0-0025 18 CABOT ROAD JULIUS,JEFFREY S
015.0-0024 20 CABOT ROAD NIZIAK, WALTER F
015.0-0010 11 NORMAN ROAD BONFILIO JR, PETER J
015.0-0031 9 CABOT ROAD ANDRUSS, EDWARD L
015.0-0032 15 CABOT ROAD SOUCY, MARY E
020 D/
9�E S"S 0 R: DAT
�.,
�'" f HOH7H
o
Zoning Bylaw Denial
ti . .. p
�o Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
sg.4cNus
Phone 978-688-9545 Fax 978-688.9542
Street: D q o
Map/Lot: /
A licant: C��n�e t V S �►. JCA n.-ti
C'AS� Y
Request: a�7,'S j x .
Date:
Please be advised that after review of your Application and Pians that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R -
Item Notes
A Lot Area Item Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting y e S 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage e S
4 Insufficient Information 4 insufficient Information
B Use 5 No access over Frontage
1 Allowed
G Contiguous Building Area y
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required y e S —F Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient yes 2 Complies
3 Left Side Insufficient `i e S 3 Preexisting Height
4 Right Side Insufficient ti e s 4 Insufficient Information y c g
.5 Rear Insufficient y e S I Building Coverage rV
6 Preexistin setbacks) ��
1 Coverage exceeds maximum
7 insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed Sign
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 N
1 More Parking Required
2 Not in district `i le S 2 Parking Complies
3Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # variance
Site Plan Review Special Permit — Setback Variance
Access other than Frontage Special Permit Parkin Variance
Fronts a Exce tion Lot S ecial Permit Lot Area Variance
Common Drivewa S ecial Permit Height Variance
Co
e Housin S ecial Permit Variance for Si n
Care Retirement Special Permit
nt Elderl Housin S Special Permit Special Permits Zoning Board
S ecial Permit Non-Conformin Use ZBA
te Condo S ecial Permit Earth Removal special Permit ZBA
Planned Develo ment District S ecial Permit
S ecial Permit Use not Listed but Similar
Planned Residential Special Permit jj]]special
cial PermitforSiR-6 Densit S ecial Permit Permit preexistingnonconforming
Watershed Special Permit Siry c r� -� ►moo �.
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 w buildinPermit application form and the pncess.
W>
Building Departmen Official Signature Application Received Application Denied
Denial Sent : If Faxed Phone Numhormoto•
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application/
permit for the property indicated on the reverse side:
—D l`e -�e�iS�i�v Nb�-CUN!`onWl�ti 7^uc?`�
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b iv d r a - �' Y-i by r 4. ,�oryu-c' A.�a r ter i ti 20 7L
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--------------
A�
Referred To:
Fire Health
Police Zonin Board
Conservation De artment of Public Works
Planning
Other OHistorical Commission
OtheBUILDING DEPT
r
B:
,
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD ! `
OF APPEALS
Procedure & Requirements
For an Application for Variance
Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND
I be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters)and
dismissal
for publication in the newspaper. The petitioner is
incompnotified that the legal notice has been prepared and the
The information herein is an abstract of more specific < cost of the Party in Interest fee
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the OMce
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
E Commissioner. STEP 3: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using
k completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision vA be
cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 1T,within twenty (20)days
Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk.
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISK)K
certifying the time and date of filing. The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certificalliorr of
Appeals secretary. the decision and any accompanying,plans at the Essex
County North Registry of Deeds,Lawrence
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Department Office.
' Office a certified list of Parties in Interest (abutters).
i
IMPORTANT PHONE NUMBERS:
i 978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
Page 2 of 4
m .
Appfication fo". rVARIANC
Zoning Board of Appeals
I. Petitioner: ti
Name, address and telephone,number:
i
*The pe—ftner Will be entered on-the legal notice and the decision as,entered above.
1
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
16 Cab6t S rre,r q $ 1-A 10-!
Years Owned Land: P)O
3. Location of Prone
a. Street:__ 1Q t $'t• Zoning District R4
b. Assessors:
� p number
Ma 115 _Lot Number. 2!ro
C. Registry of Deeds: Book Number Page Number:
4. Zoning Sections under which the petition for the`Variance is made.
Table
'Refer to the Pemat Denial and Zoning By-Uw Plan Review as supplied by ft Building Commissioner
5. Describe the Variance request 's ?�" ' t A`
ahs S i , r-eA r <.gk bac k5 OY1, •_o �In or�,nirf
4van
'The above description shali,be used fo&V the pu se'of1the legal notice and decision. Amore detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the 4pplicah(to clearly describe the-request,may result(r
a decision that does not address the intent of the applicant. The decision will be limited to the request by the alicant and Vv1A not Involve
items not included above. pp
6a, ,Difference from Zoning By-Law requirements: indicate the dimensions that will not.m�eet current
Zoning'By--Law Requirements. (A and B are In the case of"a lot split)
Lot Area _Open Space Percent Lot Frontage Puking Minimum Lot set Back•
Sq.�Ftty ' Sq. Ft. Coverage Feet Spaces Front Side'A Side B Rear
�{ ` �f �` g
Page 3 of 4 Application fay a VA
Zoning Board of Appear
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back•
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
c. Proposed, Lot (S): .
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back•
Sq.�Ft.
Sq Ft. ' Coverage Feet Spaces Front Side,A Side B RearOA
,
i-�--
% f
d. Required Lot: (As required by Zoning By-Law) *�
Lot Area Open Space Percent Lot Frontage Parking • Minimum Lot set Back` o x o
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o D�n 1
rn Fn
% =wm
CD rn CD M
! 7. a. Existing Buildings: `� <�� �
rn
` Ground Floor Number of Total Use of
0
I Square feet Floors Sq.feet Building` L l _t
1 )Oo0 �- ��000 RXSif�.n IQa
*Reference Uses,from the toning By-Law.State number of units in building. -
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building*
;10, IInA 0 I to
*Reference Uses from the Zoning By-Law,State number of units in building.
8. Petitioner and Landowner signature (s);
Every application for a Variance shell 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"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 shalt be.
responsible for all expenses for filing and legal nohficatiW.,-Failure to comply with application requirements,as citedherein and In the Zoning Board Rules-and
Regulations may result in a dfsffgsul by Zoning Board of this application as incomplete.
Si nature
Type above name (s)-here me I (} �
E
i
DoE 4 of a VARIANCE
WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
Wed memorandum setting forth in detail all facts relied upon. When
requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN:
40.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include:
`a8 be clearly identified and factually supported and addressing 1. North point
.:.h of the following points individually is required with this 2. zoning district (s)
application. 3. names of streets
4. wetlands to be shown on plan of applicable)
A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius
B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the`property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend&Graphic Aids:
which the property is located. 1. Proposed features in solid lines&outlined in red
C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines
financial or otherwise, which results from literal 3. Graphic Scales
enforcement of the applicable zoning restrictions with 4. Date of Plan i
respect to the land or building for which the variance 5. Title of Plan
is sought. 6. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and
bylaw. topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks, sheds,&garages shall be
10. Plan of Land included with`a side view depicted on the plot plan,
Fach application to the Zoning Board of Appeals shall be Which includes a ground level elevation.
1 rcompanied by the following described plan. Plans must
:e submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES
Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals. certified_mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects Applicant is to supply stamps(appropriate
r'ajor projects are those which involve one of the following current postage) for mailing of decisions to all
;ether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A,
spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary
c)2000 square feet or more of building area. will compute number of stamps.
Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks(`). In some cases further information may be decisions to abutters and parties in interest.
required C. Administrative fee of$50.00 per application.
10 B. Plan Specifications:
i
a) Size of plan: Ten (10) copies of a plan not to exceed
11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in
b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must
and/or Land Surveyor, with a block for five (5) ZBA be submitted.
signatures and date indicated on mylar.
50 DEERMEADOW ROAD
NORTH ANDOVER, MA 01845
E-MAIL FrankGilesSurvey�}a,mediaone.net
TEL. (978)683-2645 (978)683-3924
SURVEYIlATG LAND PLANNING CONSULTING
SEPTEMBER 24, 2001
To: NORTH ANDOVER ZONING BOARD OF APPEALS
From: FRANK. S. GILES, P.L.S.
RE: VARIANCE APPLICATION from NIGLA ch. 40A Sec. 10
Site: 10 CABOT ROAD
This document is to address a requirement AT UTTEN DOCUMENTATION of Section on
,nage 4 of 4 on the Variance application.
A. The particular use is existing as a Single Family Residential and remains as such.
B. The soil conditions, topography shall not be altered or affected.
C. The hardship is a pre-existing non conforming situation and with a growing family
needing more room to function properly.
D. The proposed addition will be small and consistent with conditions in the immediate
area.
E. The zoning is meant to protect the public health,safety conditions,traffic overcrowding
conditions do not derogate the purpose. This allows the family to maintain a level of housing
for the level of income .
F. 'There are no wetlands on this property or within any jurisdictional distance to warrant a
RDA.
Please call me for any questions you may have in this matter.
Thank you
Frank S. Gilesa P.L.S.
FRANKS.GILES;1'.L.S.
- DATE:
S
AUGUST 2 1, 2001
�o o�� SCOTT L GILES. .
s
N o F REVIs1oNs: FRANK' . GILES
w BT 43, r r � _
SITE 1 is SURVEYING
QFEss1fl�P� y
p tq o� SCALE: I"=20'
w
"'�►sum 50 DEERMEADOW ROAD
0' 20' NO. ANDOVER, MA 01845-(M) 683-2645
AUGUST 21,2001 _ -WSW'W.F'RANK ILESSURVEY.COM-
LOCUS
SUBJECT PROPERTY
MAP 15,PARCEL 26 PLAN OF LAND
IV NTS 10 CABOT ROAD LOCATION
CASEY,CORNELIUS`M,JR 3KAREN L CASEY '
AREA0.13 AC. lO CABOT STREET
BK. 64,PG. 33 NORTH-ANDOVER, MA
LANDCOURT PLAN,#8813L PREPARED FOR
ASSESSORS MAP 15 PARCEL 26
CORNELIUS M,. & I�AREN L. CASEY
c�
C MAP 15,PARCEL I i
rrt,�,�, 21 NORMAN ROAD,
"1 TRICKETT,JOSEPH S
EMMA O TRICKETT �
r -BK 30,PG. 385
MAP 15,PARCEL 12
29 NORMAN ROAD
BOEGLIN,PAULINE E.
BK. 70,PG.373
BOUNDS
NOT FND. ? `
v
O 303, + is OZr
#90 s �,
LOT 17A `° _ G
o PARCEL 26 io,, g
I88' a MAP 15 PARCEL 13
5,6D7 S.F. ' �" �,� h � �2,
29 BUCKINGHAMRD
SMITH,DAVIDV
V
MIRIAM G SMITH-_
BK.55,PG. 157 _
8961
ADDITION
. MAP 15;PARCEL 25
18 CABOT RD_ MAP 15 PARCEL.14 .
EXISTING 27' JULIUSJEFFREY S 33 BUCKINGHAM ROAD
12' BUILDING APRIL JULIUS STACK,BARBARA A
BK. 103,PG 389 BK 39,PG.477
28, 12
SIDE VIEWsr gel
NTS '
ZONING DISTRICT R-4
EXIST.HEIGHT=27 FT
NORTH ANDOVER " .. PROP.HEIGHT= 12 FT THIS IS TO CERTIFY THAT I HAVE CONFORMED ;
BOARD OF APPEALS- EXIST.BUILDING AREA=1,000 SF WITH THE RULES AND REGULATIONS OF:THE=.v
- fe GISTFRS OF DEEDS IN PREPARING-� 11S PLAN
PROP.ADDITIONARPA=350 SF_
REGISTRY OF IDEEDS USE ONLY.
THE PROPERTY-LINES SHOWN ARE THE
LINES DIVIDING EXISTING OWNERSHIPS,AND
THE LINES OF STREETS AND WAYS SHOWN
ARE THOSE-OF PUBLIC OR PRIVATE STREETS
OR WAYS ALREADY ESTABLISHED,AND NO
DATE OF FILING:. NEW LINES-FOR DIVISION OF-EXISTING,
DATE OF HEARING. - OWNERSHIP ORNEW.WAYS ARE SHOWN:
, -
DATE OFAPPROVAL:
DATE:
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AUGUST 21, 2001 SCOTT L. GILES
ry
NO � a
R S s REVISIONS.
rRFF FRANKS. GILES
T
SITE i39 2 „0 3/11/2002 SURVEYING
1 h:
L LAMaso SCALE: I"=20' 50 DEERMEADOW ROAD
o' 20' NO. ANDOVER, MA 01845 (978) 683-2645
WWW.FRANKGILESSURVEY.COM
LOCUS SUBJECT PROPERTY
MAP 15,PARCEL 26 PLAN OF LAND
NTS 10 CABOT ROAD LOCATION
CASEY,CORNELIUS M,JR0KAREN L CASEY 10 CABOT STREET
AREA 5610 S.F.
LANDCOURT BK. 64,PG. 33 NORTH ANDOVER, MA
LANDCOURT PLAN#8813L,LOT 17A PREPARED FOR
ASSESSORS MAP 15 PARCEL 26
CORNELIUS M. & KAREN L. CASEY
w
W
�y MAP 15,PARCEL 11
21 NORMAN ROAD
TRICKETT,JOSEPH S
EMMA O TRICKETT
S, BK. 36,PG.385
� MAP 15,PARCEL 12
29 NORMAN ROAD
BOEGLIN,PAULINE E.
�N Op 8s0oBK.70,PG.373
BOUNDS Mh' N
NOT FND. a h
$
'�o 4s'pO"�� LpC�
o �
3° b
3'
�G
LOT 17A
if
PARCEL 26 ro, 3
M 5,6' S.F. FIg4,CR j88 h 12, MAP 15 PARCEL 13
� N 25 29 BUCKINGHAM RD
SMITH,DAVID V
mks MIRIAM G SMITH
S BK 55,PG. 157
89 64 M
N
ADDITION
MAP 15,PARCEL 25
18 CABOT RD MAP 15 PARCEL 14
EXISTING 27' JULIUS,JEFFREY S 33 BUCKINGHAM ROAD
14' BUILDING APRIL JULIUS STACK,BARBARA A
BK. 103,PG.389 BK. 39,PG.477
2�, 12 ---
SIDE VIEW EAST BUS
NTS D'
ZONING DISTRICT R-4 THIS IS TO CERTIFY THAT I HAVE CONFORMED
EXIST.HEIGHT=27 FT WITH THE RULES AND REGULATIONS OF THE
NORTH ANDO VER PROP.HEIGHT= 14 FT REGISTERS OF DEEDS IN PREPARING THIS PLAN
BOARD OF APPEALS EXIST.BUILDING AREA 1,000 SF
PROP.ADDITION AREA=350 SF
THE PROPERTY LINES SHOWN ARE THE
LINES DIVIDING EXISTING OWNERSHIPS,AND
THE LINES OF STREETS AND WAYS SHOWN
ARE THOSE OF PUBLIC OR PRIVATE STREETS
OR WAYS ALREADY ESTABLISHED,AND NO
NEW LINES FOR DIVISION OF EXISTING
DATE OF FILING: OWNERSHIP OR NEW WAYS ARE SHOWN.
DATE OF HEARING.
`3 %�ZooZ
DATE OF APPROVAL: DATE.
C:\CLIENTS\CASEY\VARIANCE.DRG