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HomeMy WebLinkAboutCHARLES HOPE COMPANIES LLP OOT-08-2004 FRI 10:43 AM Morris ,Rossi & Hayes FAX NO. 9784740478 P. 02/02 Oct 09 04. it:35a NORTH ANDOVER 9766809542 p. 1 1{OIITN - Town of North Andover ,... ,•:'� Office of the Zoning board of Appeals •��, Community Development and Services Division }, I 27 Charles Strait w �' ' s..KN,trf•' North AnJover,Mussachu"!U$t0845 U. Rohc:r!Mcetrh 'i1l.pluu,t (y78)tt;iS-y�"t Fox (y''81 W-9643 fflttltttr►�r t,'tlftUtttctiOpC+' . I I Zt�/ sa Date TO: Town of North Andover Zoning Board ofAppeals f 27 Charles Street '.North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Noah /t ndover Zoning Board of Appeals to make a decision regarding the granting of a Variance { Secial Pew�Pmprehensive it , . I. i for property located at: j STREET: (,1,V Z}" PARCEL: �-� VIVO_ MAP: 1 TOWN: I TO MEETINO DATES}: NAME OF PETI'T'IONER: Signed: or rtt t ;i WAIVER c . N1K.6itlb!7iaS Curowl.•:xi.+nvTMt.6p•y3Jt►Ik.dh17r.4�-VW4+ t�uwlny;`�7�:.�1.yk4S � ,._ O .. 1•oitJin . (` r OCT - 2004 BOARD OF APPEALS Town of North Andover °E N°R74t , Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " .•�--�- ��` North Andover,Massachusetts 01845 'ss„c,�sEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Modification to Notice of Decision Year 2004 Property at: 425 Waverley Road NAME: Charles Hope Co.,LLP 370 Great Pond Road MODIFICATION DATE: 9-21-04 ADDRESS: 425 Waverley Road PETITION: 2003-040 North Andover,MA 01845 TYPING DATE: September 23,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,September 21,2004,at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Charles Hope Co.,LLP,370 Great Pond Road,for premises at: 425 Waverley Road,North Andover,MA,requesting the Board to modify the March 9,2004 decision granting a Finding from Section 9,Paragraphs 9.1 &9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw to extend the footprint of a previously allowed Special Permit for a pre-existing non-conforming residential(four family)structure by replacing the existing structure with a new structure. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,I11. The following non-voting members were present: Thomas D.Ippolito,Richard M.Vaillancourt,and David R.Webster. Upon a motion by Joseph D.LaGrasse and 2°a by Richard J.Byers,the Board voted to GRANT the applicant's request to modify the Finding 2003-040 to allow the existing structure on the site to be razed and replaced in the same footprint with a new two unit structure and previously approved attached 2 unit structure,per Damarc Design,98-100 Main Street,North Andover,MA 01845 [drawings for]425 Waverly Road,North Andover,MA The Charles Hope Companies,sheets land Al — A5,Date 3-1-04,Revision: 9-1-04. With the following additional condition: 1. The applicant shall submit a Mylar reflecting the new 2 unit structure and the 2 unit extension. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,III. The Board finds that the modification request is within the allowed seven(7)year modification time. The Board finds that the letter from Michael R Fillion,P.E. #34984,Fillion Croup,Inc.,71 East Street,Sharon,MA 02067 dated June 9,2004 states that"The existing residence at 425 Waverly Road is vacant and shows obvious signs of weathering and deterioration. ...Certain structural elements as mentioned above pose a threat to life and safety and should be addressed.". For those reasons, the Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Town of North Andover Board of Appeals, V I C- Ellen P.McIntyre, hair Decision2003-040 Modification. M22P130. Enclosure: Decision 2003-040 M C Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover t pORTN Office of the Zoning Board of Appeals ealSCommunity Development and Services 3? °•�'"r-'°.�'`�'•"o 41 Bow Division « _ 27 Charles Street North Andover, Massachusetts 01845 �'� ` *► '`� ss�cHusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Modification to Notice of Decision Year 2004 Property at: 425 Waverley Road NAME: Charles Hope Co.,LLP 370 Great Pond Road I MODIFICATION DATE: 9-21-04 ADDRESS: 425 Waverley Road North Andover,MA 01845 PETITION: 2003-040 TYPING DATE: S tember 23,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 21,2004,at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Charles Hope Co.,LLP,370 Great Pond Road, for premises at: 425 Waverley Road,North Andover,MA,requesting the Board to modify the March 9,2004 decision granting a Finding from Section 9,Paragraphs 9.1 &9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw to extend the footprint of a previously allowed Special Permit Lor a pre-existing non-conforming residential(four family)structure by replacing the existing structure with a new structure. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,Ill. The following non-voting members were present: Thomas D.Ippolito,Richard M.Vaillancourt,and David R. Webster. Upon a motion by Joseph D.LaGrasse and 2°d by Richard J.Byers,the Board voted to GRANT the applicant's request to modify the Finding 2003-040 to allow the existing structure on'the site to be razed and replaced in the same footprint with a new two unit structure and previously approved attached 2 unit structure,per Damarc Design,98-100 Main Street,North Andover, MA 01845 [drawings for]425 Waverly Road,North Andover,MA The Charles Hope Companies,sheets 1 and A 1 — A5,Date 3-1-04,Revision: 9-1-04. With the following additional condition: 1. The applicant shall submit a Mylar reflecting the new 2 unit structure and the 2 unit extension. Voting in favor: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,III. The Board finds that the modification request is within the allowed seven(7)year modification time. The Board finds that the letter from Michael R_ Fillion, P.E. #34984,Fillion Group,Inc.,71 East Street, Sharon,MA 02067 dated June 9,2004 states that"The existing residence at 425 Waverly Road is vacant and shows obvious signs of weathering and deterioration. ...Certain structural elements as mentioned above pose a threat to life and safety and should be addressed.". For those reasons, the Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Town of North Andover Board of Appeals, Ellen P.McIntyre, hair Decision2003-040 Modification. — Enclosure: Decision 2003-040 M22p130. -j CD Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORTH Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 '�S�c►�ugEs D. Robert Nicetta Telephone(978)688-9541 Building Come issioner Fax(978)688-9542 Modification to Notice of Decision Year 2004 Property at: 425 Waverley Road NAME: Charles Hope Co.,LLP 370 Great Pond Road MODIFICATION DATE: 9-21-04 ADDRESS: 425 Waverley Road PETITION: 2003-040 North Andover,MA 41845 TYPING DATE: Septmber23,2004 'The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,September 21, 2004,at 7:30 PM in the Senior Canter, 12OR Main Street,North Andover,MA upon the application of Charles Hope Co.,LLP,370 Great Pond Road,for premises at: 425 Waverley Road,North Andover,MA,requesting the Board to modify the March 9,2004 decision granting a Finding from Section 9,Paragraphs 9.1 &9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw to extend the footprint of a previously allowed Special Permit for a pre- existing non-conforming residential(four family)structure by replacing the existing structure with a new structure. The following members were present: John M. Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, and Albert P.Manzi,III. The following non-voting members were present: Thomas D.Ippolito,Richard M. Vaillancourt,and David R Webster. Upon a motion by Joseph D.LaGrasse and 2°d by Richard J.Byers,the Board voted to GRANT the applicant's request to modify the Finding 2004-040 to allow the existing structure on the site to be razed and replaced with a new two unit structure and previously approved attached 2 unit structure,per Damarc Design,98-100 Main Street, North Andover,MA 01845[drawings for]425 Waverly Road,North Andover,MA The Charles Hope Companies,sheets land Al—A5,Date 3-1-04,Revision:9-1-04. With the following additional condition: 1. The applicant shall submit a Mylar reflecting the new 2 unit structure and the 2 unit extension. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi, III. The Board finds that the modification request is within the allowed seven(7)year modification time. The Board finds that the letter from Michael R.Fillion,P.E.#34984,Fillion Group,Inc.,71 East Street,Sharon,MA 02067 dated June 9,2004 states that"The existing residence at 425 Waverly Road is vacant and shows obvious signs of weathering and deterioration. ...Certain structural elements as mentioned above pose a threat to life and safety and should be addressed.". For those reasons,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1&9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair . , Decision 2003-040 Modification. M22P130. t Enclosure: Decision 2003-040 a Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORT#j Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss�c►+usE� D. Robert Nicetta Telephone (978)688-9541 . Building Commissioner Fax (978)688-9542 Date rL9_ TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit-,- Comprehensive Permit (40B)' inding� ^� csa for property located at: STREET: S Wa Ve (-I e�2 kDj )` } �n � JCO TOWN: r Or 1�1 Atdovey,," ua TO MEETING DATE(S): v OD NAME OF PETITIONER:/,-9 i5 Signed: P rtioner (or tioner's representative) i GIVER t4l "B �als 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978 88-9535 r r EALS Town of North Andover a �►ORTM Office of the Zoning Board of Appeals Community Development and Services Division t 27 Charles Street °ane North Andover,Massachusetts 01.845 'ss+cNugEt 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 2004 date of filing of this notice in the office of the Town Clerk. Pro rty at: 425 Wave rle Road NAME: Charles Hope Co.,LLP,370 Great Pond Road HEARING(S): 11-18-03,1-13,2-10, &3-9-04 ADDRESS: 425 Waverley Road PETITION: 2003-040 North Andover,MA 01845 TYPING DATE: 03-11-04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Charles Hope Co.,LLP,370 Great Pond Road,for premises at: 425 Waverley Road,North Andover,MA requesting a Finding from Section 9,Paragraphs 9.1 & 9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw to extend the footprint of a previously allowed Special Permit for a pre-existing non-conforming residential(four family)structure.The said premise affected is property with frontage on the West side of Waverley within the R-4 zoning district. The legal notice was published in the Eagle Tribune on November 3 & 10,2003. The following members were present: Walter F. Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. Upon a motion by Ellen P.McIntyre and 2nd by Richard J.Byers the Board voted to GRANT a Finding from Section 9,Paragraphs 9.1 and 9.2,and Section 4,Paragraph 4.122 of the Zoning Bylaw in order to extend the footprint of the previously granted Special Permit 2002-048 for a 4 unit structure per Special Permit Plan located in North Andover MA.,record owner&applicant Charles Hope Co.,LLP. 370 Great Pond Road,North Andover,MA.Date: 10/5/03,rev. 10/20/03, 11/11/03, and 3/3/04 by Michael J.Sergi,P.L.S.433191,Christian&Sergi, 160 Summer Street,Haverhill, MA. 01830;Landscape Plan and Details,project:Charles Hope Co.LLP,Waverley Road,Date: 3.5.04 by Christian C.Huntress,Registered Landscape Architect 41178,Huntress Associates, 17 Tewksbury Street,Andover,Massachusetts 01810;and Damare Design;98-11 Main Street,North Andover,MA 01845 [drawings for]425 Waverly Road,North Andover,MA The Charles Hope Companies,sheets GS, 1-4,Dl -D4,and Al—A5 on condition that: 1. The applicant shall install a granite post showing the Post Office street addresses. 2. The signage for Waverley Road Condominiums shall conform to Section 6 of the Zoning Bylaw. Voting in favor: Walter F.Soule,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. Pagel of 2 Wo Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals ig Community Development and Services Division qWWNW • 27 Charles Street �' °+ •- ='—•r' '�1 +O++sea►R '� North Andover,Massachusetts 01845 'ss,.csts D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 &9.2 and Section 4,Paragraph 4.122 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the 4 unit structure,granted by Special Permit 2002-048, to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2003-040. M22P130. Page 2 of 2 Board of Appeals 978-688.9541 Building 978-688-9545 Conservation 97"88-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover QF N°oT +o Office of the Zoning Board of Appeals tir Community Development and Services Division 27 Charles Street 4r o��nv►.";�y North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit; Com rehensive Permit (40B)' Findin for property located at: , = C) i STREET: L V`e i f' r; TA-t4d0)P-,r- Vel TOWN: TO MEETING DATE(S): G NAME OF PETITIONER: e5 � t .Signed: -� Pet' oner(or petition s re resentative) o 51- WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 f . it of North Andover E NORT►N Q 4t4lD 6 Office of the Zoning Board of Appeals �? Community Development and Services Division 27 Charles Street 4 41 4j �p`,(g North Andover,Massachusetts 02845 'ss,C,oo�nD D. Robert Nicetta Telephone(978)688-954.2 Building Commissioner Fax (978)688-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street ' North Andover MA 02 845 Please be advised that I have agreed to waive the time constraints for the NQrh Andover Zoning Board of Appeals to make a decision regarding the granting of a U., Variance Special Permit; Co nsive Perrr4(40B), for property located at: STREET:�� ;� �+�rV,0-,r TOWN: u:f+k &doJP r- TO MEETING DATE(S): NAME OF PETITIONER tP r eS 40C �- Signed: Petitio r(or petitio�s representative) WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street . 7j owwrto� North Andover,Massachusetts 01845 1$s�eckus D. Robert Nicetta Telephone (978)688-95, Building Commissioner Fax (978)688-9� Date f / 0 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA Ol 845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Pertnit- CoMpracpsive Permit(40B) `- J+�.. Find' r for property located at: ` STREET: TOWN: TO MEETING DATE(S): ,e ewi d -9C NAME OF PETITIOI EO C%ka Y[ _Signed: 9,�/ Pe tioner(or petit io is r resentative) f WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 2-LD VV). �, t- P I b. TOWN OF NORTH ANDOVER FINDING ZONING BOARD OF APPEALSMMENIM fp� c � Procedure & Requirements For an Application for a finding Ten (10) copies of the following information must STEP 6: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 Ethe applicant for a hearing date and prepares the legal within the time periods prescribed may result in a 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 lin 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 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. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: FINDING 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 FINDING.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 deckle on the matter by using completed. the information it has otherwise received. j 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 fried 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. !I Office a certified list of Parties in Interest (abutters). Y IMPORTANT PHONE NUMBERS: > 978-688-9541 978-688-9501 ?dirt� I[rls f als Office 978-688-9545 wilding Departme U ,l 2 3 2003 E0,^ ,M '01-- APPEALS Page 2 of 4 Date&Time stamp Application fora FINDING NORTH ANDOVER BOARD OF APPEALS r 1. Petitioner. Name, address and telephone number: Chari Ps N=ria r4zaaanoa r r n — 370 Great Pond Road, North Andover, MA 01845 978-557-0030 'The petitioner shah be o t red on the legal notice and the dealson as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: [`hark u�m rnmi,an,o�� LLP P 370 Great Pond Road North Andover, MA 01R4r; 978-557-0030 Years Owned Land: Approximately 10 months 3. Location of Property: a. Street: 425 Waverly Road Zoning District R-4 b. Assessors: Map number 92 Lot Number: ,in c. Registry of Deeds: Book Number 7422 Page Number: 2o4 L 4. Zoning Sections under which the petition for the Finding is made. Section 9, Paragraph 9.1 and 9.2 Non-Conforming uses-Preexisting Non-Conforming Residential 1 Structures and Section 4, Paragraph 4.122 Buildings and Permitted Uses. *Refer to the Permit Denial and Zoning By-Law Pim Review as supplied by the Building Commissioner �. Describe the Finding request: The propegly consists of an old residential structure which Presently has four (4) i legal apartments pursuant to a special permit issued by the North Andover Zoning Board of Appeals on November 12, 2002. Petitioner seeks to extend the special hermit to expand the footprint of the structure to include a total of four (4) residential units with garages, Two (2) of the units to be constructed outside the footprint of the original building. *The above description Zoning Board Rrdess and Regulations ulations as cited be used ftr Ow ares 4 Oft application.Failure of#w legal notice and by applicant to clearly describe required pursuant nraa y result In I a decision that does not gess 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. Sa,. Difference from Zoning By-LAW requirements: indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and Bare 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. % PROPOSED BUILDING WILL MEET ALL DIMENSIONAL REQUIREMENM Page 3 of 4 Application for a FINDING NORTH ANDOVER 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 26,000 n/a n a 100 21.0 16.6 31.0 c. Proposed Lot (S): NoT APPLICABLE 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 q6 d. Required Lot: (As required by Zoning By-Law) 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 12,500 n a n�a% 1100 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet ` Building* 2027 2 3448.50 Residential 4 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 Square feet Floors Sq.feet Building* 4857 2 8648.50 Resid n ia1 4 Units *Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building. 8. Petitioner. and Landowner signature (s): Every application for a Finding 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 Clerks 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 fill n and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in dism' al by the Zoning Board is application as incomplete. Signature Type above name (s) here Domenic J. Scalise, Attorney for Petitioner Charles Hope Companies, iLp r w PAGE 4OF4 FINDING North Andover Zoning Board of Appeals 9. WRITTEN DOCUMENTATION a Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all 10 C. FEATURES TO BE INDICATED ON PLAN facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. A. Site Orientation shall include: 40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point Section 9.0 a request for a FINDING shall be clearly 2. zoning district(s) identified and factually supported: Addressing each of 13. names of streets the below points individually is required with this 4. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings of adjacent properties within 50' A. The particular use proposed for the land or from applicants proposed structure r structure. . 7. deed restrictions, easements B. Legend S Graphic Aids: B. Fact retied upon to support a Finding that the 1. Proposed features in solid lines &outlined in red proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines substantially detrimental than the existing non- 3. Graphic Scales conforming use. 4. Date of Plan 5. Tale of Plan C. Addressing all details of the Building 6. Names addresses and phone numbers of the Commissioner's denial when appropriate. applicant, owner or record, and designer or surveyor. 10. Plan of Land Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS: be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above must be submitted with this application to the Town features, plans must show detailed utilities, soils, and Clerk's Office and ZBA secretary at least thirty(30)days topographic information. A set of building elevation and prior to the public hearing before the Zoning Board of interior of building plans shall be required when the Appeals. application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor 1 10 A. Major Projectsprojects include decks,sheds,&garages shall be a Major projects are those which involve one of the included with a side view depicted on the plot plan, following whether existing or proposed: a)five or more which include a ground level elevation. parking spaces, b)three or more dwelling units, 1 c 2000 square 1. APPLICATION re feet or more LI ATION FI q of building area. LING FEES 9 Minor projects that are less than the above limits shall A. Notification Fees: Applicant is to send by certified i require only the plan information as indicated with an mail all legal notices to all abutters and h e9 ten supply asterisks ('). in some cases further information may be proof of mailing to the ZBA secretary. Applicant is to required. supply stamps (appropriate current postage)for mailing of decisions to all parties of interest as 10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the a) Size of plan: Ten (10) copies of a pian not to application. ZBA Secretary will compute number of exceed 11"x17"preferred scale of 1" =40'. stamps. b) Plan prepared by a Registered Professional B. Applicant is to supply one(1)set of addressed i Engineer and/or Land Surveyor, with a block for five labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. ZBA signatures and date on mylar. C. Administrative fee of$50.00 per application. 1 i rt el IT MEMORANDUM The Petitioner requests a Finding from the Zoning Board of Appeals to extend a previously allowed Special Permit for a pre- existing non-conforming residential (four family) structure. On November 12, 2002 The Zoning Board of Appeals, after a regular hearing, granted a Special Permit from Section 9, Paragraph 9.1 and 9.2 and Section 4, Paragraph 4.122 (14) to allow for the extension of a pre-existing, non-conforming structure and use as a four family dwelling unit, with frontage on the West side of Waverly Road, within the R-4 zoning district. (See decision copy attached hereto). The Petitioner seeks to extend the Special Permit to expand the footprint of the existing structure in order to construct two (2) residential units in the existing structure and to construct two additional attached residential units. The proposed structure will meet all the dimensional requirements of the Zoning By-Laws and pursuant to Section 4.122 (Residence 4 District) sub paragraph 14B-will not "alter the character of the existing neighborhood". The use is in harmony with the general purpose and intent of the Zoning By-Law and desirable relief may be granted without substantially derogating from the intent or purpose of the Zoning By- Law. 0 A //1 CIA, V 'Vjct Town of North Andover j;0RTfj 0 CE i[NR ' D SHA'Office of the Zoning Board of Appeals 6 T i; C!rt��7 RK to i�,49J unity Development and Services Division jn 27 Charles Street ZOO IN 0 V 2 A q: 05 North Andoverf Massachusetts 01845 C 05 This is to certify that twenty(20)dayt; D. Robert Nicetta have elapsed from date of deFg"lifte' (978)688-9541 Buildin without filing of Za (a.�pea�. 2ppeal J� g,Coinnfissioner _ .I Fax(978)688-9542 Date (?C Joyce A.13rodshaw Any appeal shall be filed Notice of Decision Town Clerk within (20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. . Prourty at: 425 Waverly Road NAME: Alan Hope,c/o Charles Hope Companies, BEARING(S): 10/8/02& 11/12/02 LLP 370 Great Pond Road,North Andover,MA ASS:E S�S: 425 Waverly Road PETITION: 2002-048 North Andover,MA 01845 TYPING DATE: 11/14/02 7��j The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,November 12 2002 at 7:30 PM upon the application of Alan Hope,c/o Charles Hope Companies,LLP,370 Great Pond Road,North Andover, MA for premises at 425 Waverley Road,North Andover requesting a Special Pen-nit from Section 9, Paragraphs 9.1 and 9.2 and Section 4, Paragraph 4.122(14)to allow for the extension of a pre-existing,non- conforming structure and use as a four family dwelling unit,with frontage on the West side of Waverley Road within the RA zoning district. The following members were present: William J. Sullivan,Walter F.Soule,John M.Pallone,Scott A.Karpinski, Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion by Scott A.Karpinski and 2nd by John M.Pallone,the Board voted to GRANT the Special Permit for relief from Section 4,Paragraph 4.122(14)and Table I to allow for the structure to be used as a four family dwelling unit,according to Variance Plan of Land prepared for'Milton S.Levine&Regina Levine,429 Waverly Road,North Andover,MA,applicant Alan Hope,370 Great Pond Road,North Andover,MA_01845,date: 9/11/02, rev. 10/30/02 by Michael J. Sergi PLS#33191,Christiansen&Sergi,Professional Engineers,Land Surveyors, 160 Summer St., Flaverhill, MA_ 01830,tel.978-373-0310. The Board finds that the applicant does not need a Variance or relief from Section 9,Paragraphs 9.1 &9.2. Voting in favor: Walter F. Soule,jelm Scott A. Karpinski,Ellen P.McIntyre,and Joseph D.LaGrasse. William J. Sullivan abstained. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and * purpose of the Zoning Bylaw and that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 &9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appea Ari C; rue W Willi J Sull illiam J. Sul] 'van,Chairman 'POWO Clorj? Decision 2002-048. Board o('Ap,xids 683-9541 Building 688-9545 Conservation 688-9530 Health 683-9540 Planning688-9535 BSS 74-2-02 PG 20f MASSACHUSETTS QUITCLAIM DEED I,Mitchell Levine,Trustee of Waverly Realty Trust u/d/t July 29, 1994,and recorded in the Essex North Registry of Deeds at Book 4095,Page 255, for consideration of Two Hundred Seventy Five Thousand($275,000.00)Dollars,grant to Charles Hope Companies,LLP of North Andover,Essex County,Massachusetts,with QUITCLAIM COVENANTS The Land,with the buildings thereon,situated in said North Andover on the westerly side of Railroad Avenue bounded and described as follows: EASTERLY one hundred(100)feet by the said westerly line of Railroad Avenue, SOUTHERLY two hundred sixty(260)feet by land now or formerly of S.H. Aaronian; WESTERLY one hundred(100)feet,more or less,by land now or formerly of Lawrence Aaronian;and NORTHERLY two hundred sixty(260)feet by land now or formerly of Ivar L. Sjostrom. The northerly and southerly lines are at right angles to said Railroad Avenue. The , granted premises are subject to a right of way ten(10) feet in width extending along the 1 southerly line thereof and to any Easement of the Lawrence Gas and Electric Company, For reference to Title see deed of Regina Levine,recorded with North Essex Registry of Deeds, Book 4095,Page 259. WITNESS my hand and seal this '7 day of January,2003. , Waverly Realty Trust A , it I iLl ,�. L t.� 03By: pk)"k�X rX Mitchell Levine,Trustee THE COMMONWEALTH OF MASSACHUSETTS _hssm. s..---- January 7,2003 Then personally appeared the above-named Mitchell Levine and acknowledged the foregoing instrument to be his free act and deed before me as rustee of Waverly Realty Trust. Notary Publi / a 50 MAIN STREETFiCLS My Co si xpires: HAS MA 01830 (A94721000031A0038369.1) i s i r r It a-al�11, 6��c—..) El AL 'IT - f } �:.. .. y Y. 425 WAVER LY ROAD SCALE.- PROPOSED N�JRTI-I ANDOVER',EI: +�1;�� DATE: _ -- BUILDING ELEVATIONS JOB # �I- JARLES I- OM COMP/ NILS REVISION: Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing 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 oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 22 130 Milton& Regina Levine 425 Waverley Rd No Andover, Ma 01845 Abutters Properties Man Parcel Name Address 22 14 Roche Trust 376 Dale Street No Andover, MA 01845 22 19 Colonial Village 432 Waverley Rd No Andover, MA 01845 22 20 Nardozza Realty 440 Waverley Rd No Andover, MA 01845 22 22 William Marcotte 446 Waverley Rd No Andover, MA 01845 22 23 Rosemary Tasca 452 Waverley Rd No Andover, MA 01845 22 26 Jo Ann Leavitts 458 Waverley Rd No Andover, MA 01845 22 16 Michael Andrewchuk 469 Waverley Rd No Andover, MA 01845 22 71 Anna Donahue 16 Margate Street No Andover, MA 01845 22 92 Gary Lane Wood 468 Wood Lane No Andover, MA 01845 22 93 Robert Deadder 416 Waverley Rd No Andover, MA 01845 22 95 Michael McDonald 422 Waverley Rd No Andover, MA 01845 22 112 Rexford Tice 459 Waverley Rd No Andover, MA 01845 22 113 James Matzouranis 11 Margate StreetNo Andover, MA 01845 22 114 Paul Blinn 19 Margate Street No Andover, MA 01845 22 125 Jeffrey Brien 451417 Waverley Rd No Andover, MA 01845 22 129 Abel Realty 281 Broadway Lawrence,MA 01841 22 131 Timothy Pickard 427 Waverley Rd No Andover, MA 01845 22 132 Robert Armstrong 453 Waverley Rd No Andover, MA 01845 22 133 John Reid 433 Waverley Rd No Andover, MA 01845 22 135 S & S Realty Trust 26 Delucia Way No Andover, MA 01845 22 136 S&S Realty Trust 29 Delucia Way No Andover, MA 01845 22 137 Stephan Smolak 21 Delucia Way No Andover, MA 01845 Date /011y/u3 Page of o? Os6fled pate/v117 03 Board o Asse r orth Andover f Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) I Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shah mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property tine of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of emery abutting city or town_" Subject Property: MAP PARCEL Name Address 22 130 Milton&Regina Levine 425 Waverley Rd No Andover, Ma 01845 Abutters Properties Map Parcel Name Address 26 2 Town of North Andover 12 Main Street No Andover, MA 01845 26 3 Kenneth Long 18 Margate Street No Andover, MA 01845 26 11 Thomas Bailey 25 Margate Street No Andover, MA 01845 Date Page d Of Date Ceftifleb OM Andover Board of Assess