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HomeMy WebLinkAboutMARINO, JAMES P & PETER J i Town of North Andover ZONING BOARD OF APPEALS .filbert P.Manzi III,Esq.CbairmanA , ' EIV D Ellen P.McIntyre, Vice-Chairman f �ORTN q { _ r " Richard f.Byers,Esq. Clerk Joseph LaGrasse � p � � David R.'%ebster 1` ssodate Members L i � I Thomas D.Ippolito +� `s _ * a R IA Richard M.Vaillancourt '� �+�TEo�'r" �`' � Daniel S.Braese,Esq. �sSACHu��� MA%3 Town Clerk Time Stamp Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2008 of this notice in the office of the Town Clerk,per Mass.Gen.L. ch 40A,§17 Property at: 51-53 Marblehead Street NAME: James P.&Peter J.Marino HEARING(S): May 20,2008 ADDRESS: 51-53 Marblehead Street PETITION: 2008-005 North Andover,MA 01845 TYPING DATE: June 16,2008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 12OR Main Street,North Andover,MA on Tuesday,May 20,2008 at 7:30 PM upon the application of James P. &Peter J. Marino,5153 Marblehead Street(Map 8,Parcel 18),North Andover,MA requesting a Special Permit from Section 4,Paragraph 4.122.14.0&D,Section 9,Paragraph 9.2,and Section 10,Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-existinng,non-conforming structure by renovating the otic into a proposed 3rd dwelling unit on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the West side of Marblehead Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on April 28&May 5,2008. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and Richard M.Vaillwc curt. Upon a motion by Richard J.Byers and 2IId by.Richard M. Vaillaneourt,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.122.14.0&D, Section 9,Paragraph 9.2,and Section 10,Paragraph 10.31 of the Zoning Bylaw in order to allow the extension of use in a pre-existing,non-conforming two-family dwelling unit by renovating the attic into a proposed 3rd dwelling unit on a pre-existing,non-conforming lot per: Site: 51-53 Marblehead Street 8,Parcel 18),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,MA.,prepared for owner/applicant,James P. Marino,51-53 Marblehead Street,North Andover,MA Date(&Revised Dates): Aril 22,2008 Registered Professional Stephen E. Stapinsid,R.L.S.,#29876,Merrimack Engineering Services,66 Land Surveyor: Park Street,Andover,Massachusetts 01810 Building Plan Title: Marino Renovation,client:Peter Marino,53 Marblehead St,North Andover,MA By: Andover Renovation Solutions,Inc., 110 Winn Street,Woburn,Massachusetts 01801 Date: 7.20.06,7.28.06, 10.6.06 Sheet/Drawin : Second Floor Plan,Third Floor Plan With the following conditions: 1. 51-53 Marblehead Street shall be sprinkled per North Andover Fire Department approval.. 2. The applicant shall provide the third floor's 3'd dwelling unit final floor plans. Page I of 2 1600 Osgood St.,Bldg.20,Suite 2-36,North Andover,Ma 0184/5 W—978.68"541/Fax—97&688-9542/Web—www.toxnofoitbandover.c= ,w Town of North Andover ZONING BOARD OF APPEALSIV;w Pi A.Ibert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-0 dmman poRTrt Richard J.Byers,Esq.Clerk pE.1 ,,to 46 q,yb *(#rt; JL , 8: � Joseph D.LaGrasse ,�, _ L 24 David R.Webster F 71 Assoaiate Members F Thomas D.Ippolito '"o _ at i s' r Richard M.Vaillancourt 'ls'°e,,*.o►.+`" i C�x I r Daniel S.Braese,Esq. �sswCHU Town Clerk Time Stamp Voting in favor. Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and Richard M.Vaillancourt, The Board finis that the applicant has satisfied the provisions of Section 4,Paragraph 4.122.14.0 Sc D,Section 9, Paragraph 9.2,and Section 10,Paragraph 10.31 of the zoning bylaw and that the this Special Permit for a third dwelling unit in the third floor attic of 51-53 Marblehead Street(Map 8,Parcel 18)may be granted. The Board rinds that 51-53 Marblehead Street is an appropriate location for the conversion of an attic to a third dwelling unit. The Residential (R4)zoning district allows second,third,fourth and fifth units with a Special Permit and Marblehead Street has other three-family dwelling units and this use,as developed,will not adversely affect the neighborhood. The Board find that there will be no nuisance or serious hazard to vehicles or pedestrians because there is provision for eight(8)of-street parking spaces and adequate and appropriate facilities will be provided for the proper operation of the proposed use since the existing structure is on Town water and sewer. The Board finds that the renovation of the third floor attic into a third dwelling unit is in harmony with the,general purpose and intent of this Bylaw and this extension of a pre-existing,non-conforming structure shall not be substantially more detrimental than the existing structure to the neighborhood. Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of deeds,Northern District at the applicant's expense. 2.The grunting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant trust abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. 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 Special Permit granted under the provisions contained herein shall be deemed to have lapsed atter 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. 14A eh North Andover Zoning 11oard of A eats Ellen P.McIntyre, Vice Chairman Richard 7.Byers,Esq.,Cierk Associate Metubers Thomas D.Ippolito Richard M.Vaidlancourt Decision 2008-005. MSPd 8. Page 2 of 2 I f 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www1own0fhorthandover.com Town Of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALStD Albert P.Manzi III,Esq.Chaimian 1 Ilen P.McIntyre, Fice-Chairman NORTH � Richard J.Byers Esq.Clerk, V '�'O ��gg ggqq JUN r ape { Joseph D.LaGrassc Or a.ti ` .6 0 2093 J l 2 f [ H 1' 7 David R.Webster "A Atsoeiate[Members IA- Thomas D.Ippolito �1 .1 � a E a_ i c s Richard M.Vailtancourt Roo��CMeW ra`` e` i Daniel S.Braese,Esq. �ACHU��i� �� _ TOWN OF NORTH ANDOVER—ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L.c.39,SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session;cannot be used for missing more than one hearing session.] I, 4� to Mckq C game);hereby certify as follows: 1. I am a member of said board. (` 2. I missed a hearing session on . the matter of m p Na CA 7;� —s U-4, which was held on 3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial which one(s)are applicable): a. audio recording of the missed hearing session; b. video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this /o �A day of I A I ,200 0- I Received as part of the record of the above matter: Date: By: Posit' a D JUN 10 luuD BOARD OF APPEALS Town of North Andover ZONING BOARD OF APPEALS r-'F-I V E D ,Ubert P.Manzi III,Esq. Chairman Ellen P.McIntyre, Vice-Chairman f NORTH Richard J.Byers,Esq,Clerk :6•.6MOL 0 2008 APR 23 PH 25 Joseph D.LaGrasse David R.Webster Associate Members Thomas D.IppolitotiORTH Richard M.Vaillancourt Daniel S.Braese,Esq. ACHUS Town Clerk Time S" Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 2& of May 2008 at 7:30 PM to all parties interested in the application of James P. & Peter J. Marino, 51 Marblehead Street(Map 8,Parcel 18),North Andover,MA requesting a Special Permit from Section 4,Paragraph 4.122.14.0&D, Section 9, Paragraph 9.2, and Section 10,Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre- existing,non-conforming structure by renovating the attic into a proposed 3`d dwelling unit on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the West side of Marblehead Street within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, Hl, Chairman Published in the Eagle-Tribune on April 28 &May 5,2008. Legalnotice 2008-005. M8Pl8. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com o, n i 11rt"' TOWN OF NORTH ANDOVER SPECIAL ZONING BOARD OF APPEALS PERNWPR 23 ` NAME r � arsra c> . ADDRESS OF APPEAL 1.5-1 - Procedure & Requirements for an Application for a Special f Permit - Ten (10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty W days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the timeThe Office of the Zoning Board of Appeals schedules periods prem may n>sr,rlt in a dismissal by the. Zoningthe applicant for a hearing date and prepares the legal Board of an kation as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee. Petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and deliVers.the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING f Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information -The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed, any appearance without due cause on'behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS of all the required information to the Town Cleric's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Cleric's Essex County North Registry of Deeds, 384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843,and shall complete the E Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. f IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office K 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 Date&Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT { a PI®ase complete alt:itern41=10tiefannr. 1. Petitioner: *Name, *Address and telephone number: _ -5-e-153 / 6 ,,6 e e� Lf/ ae2Hf- dam, MA e2iEX *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Imes I n a r,n 6 S Years Owned Land: Yeea'-j 3. Location of Property: a. Street: / 3 �rbfeh� �T Zoning District: R b. Assessors: Map Number cod- Lot Number: /8 - c. Registry of Deeds: Book Number Page.Number. a 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. /ate• %`f� �./�� /y- �/ ,� *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Tecial Permit request:Gt C, - CL!'J 741 1Zt17Jrl�^ G�1,l1P�G/rr 7ZJ GL un 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, section 9 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Minimum Lot setback Lot Area Open Space Percent Lot Frontage Parking Si A Sq,Ft. Sq. Ft. , Covera a F Front Spades Side B Rear 6B. Proposed Lot(s): ,S arvff a-S cXbc Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spies Front Side A Side B Rear % 7A. Existing Building(s): E Ground Floor Number of Total Use of Number ' Square feet Floors Sq.feet Building* of Units** 4�3 *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. I 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units*" C *Reference Uses from the Zoning Bylaws&Table 1. **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 ponsibility of the petitioner to furnish all supporting application shall be filled with the Town Clerk's Office. It shall be the res 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. Failur to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismis al y the Zoning Bo i a plication as'ncomplete: Signature Type abov ame(s) hereYYi�s "/�� i PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION 11t) One(1)Mylar,with one block for Registry Use Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and legibly written or typed memorandum setting forth in date. detail all facts retied upon. When requesting a Special IIn Plan shall be prepared,stamped and certified by Permit from the requirements of MGLA ch. 40A, and the a Registered Professional Land Surveyor. Please North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer, requirements shall be clearty identified and factually Registered Architect, and/or a Registered Landscape supported. All points, 1-6, are required to be Architect may be required for Major Projects. addressed with this application. *10 C. *Required Features On Pian: 1) Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition. 3. names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 3DOradius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure S.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. n Legend&Graphic Aids shall include: 6.Specific ref erence and response to the criteria 1. Proposed features in solid fines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed fines this application is made(i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner of record,and land surveyor. Each application to the Zoning Board of Appeals shall 7. Locus. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days Minor projects,such as dada,sheds,and garages, shall require on hthe plan i nformation as r ndicat �with to the public hearing before the Zoning Board of appeals. an. asterisks(1). In some cases further information may y be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees:Applicant shall provide a proposed change in use. check or money order to:'Town of North Andover for the cost of first class, certified,return receipt($5.21 as 10 A. Major Projects of May 2007)x#of all parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal Major projects_are those,which involve one of the notice check. Also,the appy shall supply first class following whether existing or proposed; postage stamps(currently 41¢)x the#of parties of 1)five or more parking spaces, interest on the abutter's list for the decision mailing. n)three (3)or more dwelling units, B. Mailing labels:A shall vide four 4 PPI�t pro HQ 2000 square feet of buildingarea. " ( ) sets of mailing labels no larger than 1x2-5/8 (3 copies for the Legal mailing and one copy for the Decision Major Projects shall require that in addition to the above mailing). features, plans must show detailed utilities,soils, and C. See 2005 Revised Fee Schedule. topographic information. ®® A Special Permit once granted by the ZBA will * 10. B. Plan Specifications: lapse in 2(two)years if not exercised and a new 1) Size of plan: Ten (10) paper copies of a plan not petition must be submitted. ®® to exceed 11"x1 T, preferred scale of 1"=40' i Zoning Bylaw Review Form t �iORTy q 3?°t,;�•�;•.b�ooL Town Of North Andover o Building Department * 1600 Osgood Street, Building 20, Suite 2-36 �q North Andover, MA. 01845 �1°"^*•°'''�� SE Phone 978-688-9545 Fax 978-688-9542 SSACHU Street: 51-53 Marblehead Street Ma /Lot: 8/18 Applicant: James P. &Peter J. Marino Request: Renovate attic to 3d dwelling unit Date: 4/16/08 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies 3 1 Lot Area Complies 3 Preexisting frontage X 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 X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient X 2 Complies 3 Left Side Insufficient X 3 Preexisting Height X 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign NA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district I X 1 2 1 Parking Complies X 3 1 Insufficient Information Remedyfor 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 Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit B-4 Special Permit for 3 J. Unit R-6 Density Special Permit B-4 Special Permit Pre-existing, Non- Conforming Watershed Special Permit Supply Additional Information 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 f .You must file a n b ildin emit application form and begin the permitting process. Building Department OfficiallSignature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: ME ` ! RE _ B-4 A Special Permit from the Zoning Board of Appeals is required for the conversion of an existing 2-family dwelling unit structure to a proposed 3- family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The conversion of an existing dwelling to accommodate not more than five(5) residential units,by special permit from the Zoning Board of Appeals in accordance with Sections 10.31 and 4.122.14.1) of this Bylaw." B-4 A Special Permit from 9.2 of the Zoning Bylaw is required for the change, extension, or enlargement of a pre-existing, non-conforming structure is required from the Zoning Board of Appeals in order to construct the proposed addition. I i Referred To: Fire Health Police X Zoning Board of Appeals Conservation De artment of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 Town of North Andover North Andover, MA 01845 To Whom It May Concern: RE: Special Permit Written Documentation: 1. The particular use proposed for the land or structure: We are requesting a special permit to add an additional living unit to a 2 family,using the existing structure. The house was originally constructed as a two family with an unfinished third level and the possibility of a conversion to a three family. The third level was built with four dormers and windows and access to both front and rear staircases. No additional structure will be extended to the existing building. 2. The specific site is an appropriate location for such use, structure or condition. The house is located in an established multifamily neighborhood consisting of 2, 3, and 4+ family houses. We will not be creating any changes to the existing neighborhood. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The land is set back from the street, away from vehicles and pedestrians. Proper care and clean up of the site will take place daily. Any debris will be put into a dumpster in the rear of the property, away from vehicles and pedestrians. Also, there is parking for 8 vehicles. 4. Adequate facilities will be provided for the proper operation of the proposed use. Additional bathroom and kitchen facilities will be installed for the proposed use. Property has all utilities in place. 5. The use is in harmony with the purpose and intent of the zoning by-law. We are not changing or adding to the exterior of the house.Nothing will affect the existing lot lines with our abutting neighbors. There is adequate parking in the rear of the house to accommodate an additional living unit without having to use the street for parking. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made. The criteria for this special permit being requested for the completion of an additional living unit in the existing structure is based upon our appeal of hardship caused by living space/conditions. We purchased this house with the intention that the third floor could be converted to another apartment for my sister. She is currently sharing the first floor with me and needs her own apartment. This modification with her moving into the new unit will not bring about any strain to the existing house or neighborhood. The monthly expenses are such that we can not afford to lose the rent from the second floor apartment to accommodate this. We like the neighborhood and would prefer to remain here. We can not afford to sell and buy another house in this current market. F We originally began this project with a town permit for additional living space. After consulting with an architect firm, using their drawings we reinforced the roof, studded the structure, had rough plumbing and electrical wiring installed and intended to complete the project but was told by the building inspector upon his inspection that we should apply for a variance to make this into a separate apartment and change the dwelling from a 2 to a 3 family house. Sincerely, James P. Marino Peter J. Marino i Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part Tardes in Interest as used in this ch9pter snaa mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters witiml three hundred(300)feet or the property line of the petitioner as they appear on the most recent applicable _ tax list,not withstanding that(tie land of any such ower 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." Subject Property: MAP PARCEL Name Address 8 18 James Marino 51 Marblehead Street North Andover,MA 01845 Abutters Properties Map Parc t Name Address 8 7 Joseph Medolo 24 Marblehead Street North Andover,MA 01845 8 8 David Zappala 30 Marblehead Street North Andover,MA 01845 8 9 Mary Inzerilli 215 Salem Street Andover,MA 01810 8 10 Richard Melillo 38 Marblehead Street North Andover,MA 01845 8 11 Denise Culbert 42 Marblehead Street North Andover,MA 01845 8 12 Barbara King 46 Marblehead Street North Andover,MA 01845 8 13-0050 Harry Webster 50 Marblehead Street North Andover,MA 01845 8 13-0052 Bruce Siemering 52 Marblehead Street North Andover,MA 01845 8 14 Romaine Giarrusso 60 Marblehead Street North Andover,MA 01845 8 15 Robin Howard 59 Marblehead Street North Andover,MA 01845 8 16 D L Restivo 61 Standish Road HaverhiA,MA 01832 8 17 Paul Murphy 55 Marblehead Street North Andover,MA 01845 8 19 Janet Lees 47 Marblehead Street North Andover,MA 01845 8 20 Stephen Smith 43 Marblehead Street North Andover,MA 01845 8 21 James Gary 41 Marblehead Street North Andover,MA 01845 8 22 John Mcaloon 37 Marblehead Street North Andover,MA 01845 8 23 Thomas Lachance 31 Marblehead Street North Andover,MA 01845 8 24 Elliot Willard 27 Marblehead Street North Andover,MA 01845 8 25 Paul Medolo 25 Marblehead Street North Andover,MA 01845 8 37 Janet Lees 47 Marblehead Street North Andover,MA 01845 8 38 John Mattheson 50 Beverly Street North Andover,MA 01845 8 40 Nancy Melillo 38 Marblehead Street North Andover,MA 01845 8 41 Christopher Melillo 179A Lakewood Road Boxford,MA 01921 9 1 Arthur McCue 70 Marblehead Street North Andover,MA 01845 9 7 Janet Bandle 69 Union Street North Andover,MA 01845 9 27 Alexander Moody 65 Marblehead Street North Andover,MA 01845 9 28 John Mattheson 79 Marblehead Street North Andover,MA 01845 9 29 Warren Crossfield 93 Union Street North Andover,MA 01845 9 30 Frances Hayes 101 Union Street North Andover,MA 01845 9 32 Robert Huard 58 Beverly Street North Andover,MA 01845 9 33 Steven Derocher 56 Beverly Street North Andover,MA 01845 9 71 Daniel Bergstrom 71 Marblehead Street North Andover,MA 01845 9 74 Laurie Burzlaff 24 Baldwin Street North Andover,MA 01845 9 75 Russell Manning 68 Marblehead Street North Andover,MA 01845 9 78 Phaedra Caoette 87-89 Union Street North Andover,MA 01845 This certifies that the names appearing on the Date 4/18/2008 records of the Assessors Office as of Rige 1 of 1 �4rtuA,�,� /r d-orJ1? Certified b : Date r d •o ZONING DISTRICT: RESIDENTIAL-4 REQUIRED EXISTING NOTES : R��TF LOT AREA 12,000 S.F. 9 310 S.F. 1 . FOR PROPERTY LINES SEE BOOK #9969, PAGE 309 AND PLAN BEVERLY 49S MAXIMUM HEIGHT 35 FT. 32 FT # #375 E LY ST. STREET FRONTAGE 100 FT. RECORDED IN ESSEX NORTH DISTRICT REGISTRY OF DEEDS. 50 FT. FOR SITE REFERENCE SEE TOWN OF NORTH ANDOVER MAP #8 PARCEL #18 FRONT SETBACK 30 FT. 15.2 FT. SIDE SETBACK 15 FT. SIDE A: 7.1 FT. 2. ZONE DISTRICT: R4 �' SITE REAR SETBACK 30 FT. SIDE 3: 14.8 FT. MARBLEHEAD ST. 114.2 FT. PARKING 2 SP./DWELLING UNIT 3 SP. (GARAGE) o u =3 UNITS X 2 SP.= 5 SP. (PROPOSED) 6 SP. o 8 SP. TOTAL z 00 N/F JOHN MATTHESON JR. AND N/F LOCUS FOR REGISTRY USE WENDY FARRELLI JANET LEES N.T.S. 1 .3' 48, t APPROVED BY THE TOWN OF NORTH 1 .2' ICONIC. BILK. ANDOVER ZONING BOARD OF APPEALS GARAGE 13 SPACES 18.5' N/F PROPOSED 9'X18' DATE L—i �- PAUL AND RUTH ;n I PARKING SPACE MURPHY °' I z o z N U w U _ � w m a LLr) nDATE OF APPLICATION 2 STORY DATE DATE OF HEARING W.F.D. DATE #57 1 DATE OF DECISION DATE 3.7 # I LOT #18 > AREA=9,310 S.F. -- =0.2137 AC. N/F 2' JANET LE--S "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING i N EXISTING OWNERSHIPS, AND THE LINES OF THE DECK STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY PORCH ESTABLISHED, AND THAT NO NEW LINES FOR 16.3' ABOVE 7.1 DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." *} W co 2 1 /2 STORY . 14.8' #51 -#53 4 2 STORY /22/08 W.F.D. 2 0.71 1 /2 STORY STEPHEN E. STAPINSKI, R. S. DATE #57 I W.F.D. 16.3' 7.1 ' #49 13.9' PORCH PLAN OF LAND o NORTH ANDOVER, MA. 00 50' PREPARED FOR OWNER/APPLICANT 0 JAMES P. MARINO 51-53 MARBLEHEAD STREET MARBLEHEAD STREET NORTH ANDOVER, MA to TEL. (978) 470-1008 m co SCALE: 1 "=20' DATE: APRIL 22, 2008 1-1 Lo 20 0 20 40 3 SITE PLAN 1 MERRIMACK ENGINEERING SERVICES } "=20' 66 PARK STREET IIANDOVER, MASSACHUSETTS 01810