HomeMy WebLinkAboutBuilding Permit #720 - 2010-02 39 Rosedale Avenue 5/17/2010Permit N0:
Date Issued: �� t
BUILDING PERMIT
TOWN OF NORTH ANDOVER
APPLICATION FOR PLAN EXAMINATION
Date Received
IMPORTANT: Applicant must complete all items on this nage
LOCATION t A N 479 dQ0 V&_ °�
Print
PROPERTY OWNER k eca r - CIS,{ z ot/ .Zap
-7 Print
MAP 210 V7 ..PARCEL: X07, ZONING DISTRICT: f -Historic District yes
Machine Shoo Villaae ves
TYPE OF IMPROVEMENT
PROPOSED USE
Reskle�
Non- Residential
New Building
One family
Additi
wo or more family
Industrial
Alteration
No. of units:
Commercial
Repair, replacement
Assessory Bldg
Others:
Demolition
Other
Septic Well
Floodplain Wetlands
Watershed District
Water/Sewer
DESCRIPTION OF WORK TO BE PREFORMED:
C AP46-c w /Tl4 holy? hbovE ZSCK otJ tae of Exl ST l i&
Identification Please Type or Print rly) Clea
OWNER: Name: +2 bo7t7> e,, L/SA Phone: PdA6'oa gS�•r;6Y�
3 Rosc*fic U
Address: CE %v0e�4W.�oU 6e /'�%i 01Y6
CONTRACTOR Name: Phone:
Address:
Supervisor's Construction License: Exp. Date:
Home Improvement L
ARCHITECT/ENGINEER
Address:
Date:
Phone:
Reg. No.
FEE SCHEDULE: BULDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F.
Total Project --Cost: $ boa - 06 FEE: $ �sro
Check No.:Receipt No.: Z3 1�p (te__
NOTE: Persons contracting witors do not have access to the guaranty fund
v
Signature of Agent/OwnerVam%xignature of contractor
Plans Submitted Plans Waived Certified Plot Plan Stamped Plans
TYPE OF SEWERAGE DISPOSAL
Public Sewer
Tanning/Massage/Body Art
Swimming Pools
Well
Tobacco Sales
Food Packaging/Sales"
Private (septic tank, etc.
Permanent Dumpster on Site
THE FOLLOWING SECTIONS FOR OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
PLANNING & DEVELOPMENT
COMMENTS
CONSERVATION
COMMENTS
HEALTH
COMMENTS
DATE REJECTED DATE APPROVED
Reviewed on Signature
Reviewed on Signature
Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
Planning Board Decision:
Comments
Conservation Decision: Comments
Water & Sewer Connection/Signature & Date Driveway Permit
DPW Town Engineer: Signature:
Located 384 Osgood Street
FIRE DEPARTMENT - Temp Dumpster on site yes no
Located at 124 Main Street
Fire Department signature/date
COMMENTS
Dimension
Number of Stories: Total square feet of floor area, based on Exterior dimensions.
Total land area, sq. ft.:
ELECTRICAL: Movement of Meter location, mast or service drop requires approval of
Electrical Inspector Yes No
DANGER ZONE LITERATURE: Yes No
MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine
NOTES and DATA — For department use
❑ Notified for pickup - Date
Doc.Building Permit Revised 2010
Building Department
The following is a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits
❑ Building Permit Application
❑ Workers Comp Affidavit
❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses
❑ Copy of Contract
❑ Floor Plan Or Proposed Interior Work
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
Addition Or Decks
❑ Building Permit Application
❑ Certified Surveyed Plot Plan
❑ Workers Comp Affidavit
❑ Photo Copy of H.I.C. And C.S.L. Licenses
❑ Copy Of Contract
❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Mass check Energy Compliance Report (If Applicable)
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
New Construction (Single and Two Family)
❑ Building Permit Application
o Certified Proposed Plot Plan
❑ Photo of H.I.C. And C.S.L. Licenses
❑ Workers Comp Affidavit
❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Copy of Contract
❑ Mass check Energy Compliance Report
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be submitted with the building application
Doc: Building Permit Revised 2008
Location � �Q 6(
No. --i d`y Date
HORTM TOWN OF NORTH ANDOVER
Of�"GD �.,�O
Certificate of Occupancy $
sAGNUSE�� Building/Frame Permit Fee $
Foundation Permit Fee $
Other Permit Fee $
TOTAL $
Check # C
2-3t 66
Building Inspector
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NORT{{ TOWN OF NORTH ANDOVER
OFFICE OF
BUILDING DEPARTMENT
a� 1600 Osgood Street Building 20, Suite 2-36
North Andover, Massachusetts 01845
Gerald A. Brown Telephone (978) 688-9545
Inspector of Buildings Fax (978) 688-9542
HOMEOWNER LICENSE EXEMPTION
BUIDING PERMIT APPLICATION
Please print
DATE: /-/ ` 02.3 - •2 Q 16
JOB LOCATION: 31 f oSC o#ce 1}" /Jo -AAj rsAr_, / 7 %a?\
Number Street Address Map/Lot
HOMEOWNER At 2�, )& A 9 -2f-
Name
fName Home Phone Work Phone
PRESENT MAILING ADDRESS Ac�erT 2�
City Town State Zip Code
The current exemption for "homeowners" was extended to include owner -occupied dwellings to two units or less and
to allow such homeowners to engage an individual for hire who does not possess a license, provided that the owner
acts as supervisor). State Building (Code Section 108.3.5.1)
DEFINITION OF HOMEOWNER
Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to
be, a one or two family structures. A person who constructs more that one home in a two-year period shall not be
considered a homeowner.
The undersigned "homeowner" assumes responsibility for compliances with the State Building Code and other
Applicable codes, by-laws, rules and regulations.
The undersigned "homeowner" certifies that he/she understands the Town of North Andover Building Department
minimum inspection procedures and requirements and that h will comply with said procedures and
requirements. / J
HOMEOWNERS SIGNA'
APPROVAL OF BUILDING OFFICIAL
Revised 7.2009
Form Homeowners Exemption
BOARD OF APPEALS 689-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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EXTERIOR DETAILS 9 ROSLI TO ADDITION
39
ROSLINDALE AVENUE0
o m NORTH ANDOVER, MA 01845
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BOARD OF APPEALS
DEC -1 X109
BOARD OF APPEALS
0
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq, Clerk
Joseph D. LaGrasse
Richard M. Vaillancourt
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq.
Michael P. Liporto
Town of North Andover
ZONING BOARD OF APPEALS
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, § 17
NAME: Alberto Deldotto JR
OF NORTH`
�SLen �6 ti
10
•SWTI�.
Notice of Decision
Year 2010
201 fl f�iq� 26 AN j1
20
1t5�vr1 QleilnneSump
Pro est at: 39 Rosedale Avenue
HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel PETITION: 2010=002A
12) North Andover, MA
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Special Permit to add a garage with a room above to the existing house
(Section 9.1) in an R-3 Zoning District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2,
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
SPECIAL PERMIT:
Upon a motion by Richard Byers and 2nd by Michael P. Liporto, the Board voted to GRANT the Special
Permit per paragraph 9.1 of the Zoning bylaw to allow for a pre-existing non conforming structure in the
R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi III, Richard J. Byers
Thomas Ippolito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Special Permit.
Site: Section 9.1 of the Zoning bylaws to add a garage with a room above to
the existing home.
Plan(s) Title:. 1)Drawing of the "Plan of land" containing one sheet (1) dated October
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
01810
2)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
Elevation Building Section, Framing Plans and Roof Plans, Exterior
Details, and Window Detail Specification", containing seven (7) sheets
dated December 1, 2009 Drawings from Robert Drew 30 Olive Street
Methuen Ma 01844
Page I of 2
Voting in favor: of Albert P. Manzi III, Richard J. Byers Thomas Ippolito and Michael P
Special Permit Li orto.
Voting in the Negative: Ellen P. McIntyre
The Board finds that the applicant has satisfied the provision of Section 9.1 of the Zoning Bylaw in order
to add a garage with a room above to the existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the
R-3 Zoning District.
The Board finds that this use, as developed by the building & site plans, is an appropriate location for
such a use and will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there is provision for the
required off-street parking. Adequate and appropriate facilities are provided to the existing residential
dwelling and will be provided for the proper operation of adding the garage and room above it to the
existing home. The Board finds that the addition will not be substantially more detrimental than the
existing dwelling to the neighborhood and that this use, of this addition is in harmony with the general
purpose and intent of this Bylaw
Notes:
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 granting of the Special Permit(s) as requested by the applicant does not necessarily ensure the granting of
a building permit as the applicant must 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.
3. If the rights authorized by the Special Permit are not exercised within two (2) years of the date of the grant, it
shall lapse, and may be re-established only after notice, and a new hearing.
North
of
Alb9X P. Manzi III, Esq., Q(irmc
El en P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002A
Page 2 of 2
OF NORTH 1
"
..
Zoning Bylaw Review Form
Ma /Lot:
Town Of North Andover Building
oOR41.° I°'y.(5
9SSACHU5E`
1600 Osgood St. Bldg 20 Suite_ 2-36
Request:
North Andover,, MA. 01845
Date:
Phone 978-688-9545 Fax 978-688-9542
Department
Street:
39 Rosedale Ave
Ma /Lot:
#47 Lot 12
Applicant:
Albert Deldotto
Request:
Constructed deck without permit
Date:
I December 7th,2009
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-3
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
Lot Area Complies
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
X
4
Special Permit Required
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
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
X
I
Building Coverage
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
X
4
Insufficient Information
2
In Watershed
j
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
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit X
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Fronta a 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 X
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Lar a Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special permit for preexisting
nonconforming
Watershed S ecial Permit
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 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 permit application form and begin the permitting process.
Bui ding Department Official Signature
Application Received
IgA?"Aq
Appli6atioh De led
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item Reasons for
Reference
Sec 7.3 Violation rear yard setback 30 ` required proposed 26.35 constructed deck
without permit. Variance
Sec 9.1 Change of plans for garage attached 24'x24' with master bedroom and
bath above.
Previously approved petition # 007-97
4/17/97 never constructed
Finding Board of Appeals
Sec 9.1 Special permit required pre existing non conforming structure or uses,
however may be extended or altered
Referred To:
Fire
Health
Police
X Zoning Board
Conservation
Department of Public Works
Planning
Historical Commission
Other
Building Department
NORTH
OM Zoning Bylaw Review Form
' A Town Of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
9ss "°SEj North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
39 Rosedale Ave
Ma /Lot:
#47 Lot 12
Applicant:
Albert Deldotto
Request:
Constructed deck.without permit
Date:
December 7 th,2009
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-3
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item
Notes. j.
X Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
1 Lot Area Complies .
3
1 Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
-5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
1 Not Allowed
1
Insufficient Area
3
Use Preexisting
2
1 Complies
X
4
Special Permit Required
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
2
1 Complies
X
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
X
i
Building Coverage
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
X
4
Insufficient Information
2
In Watershed
j
Sign
3
1 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
X
2
Parking Complies
X
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item # Variance
Site Plan Review Special Permit
X Setback Variance
Access other than Frontage Special Permit
Parking Variance
Fronta a 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
X 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 Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special permit for preexisting
nonconforming
Watershed Special Permit
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 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 permit application form and begin the permitting process.
Bui ding Department Official Signature
Application Received
1gh;
Appli6atioh De ied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item Reasons for
Sec 7.3 Violation rear yard setback 30 ` required proposed 26.35 constructed deck
without permit. Variance
Sec 9.1 Change of plans for garage attached 24'x24' with master bedroom and
bath above.
Previously approved petition # 007-97
4/17/97 never constructed
Finding Board of Appeals
Sec 9.1 Special permit required pre existing non conforming structure or uses,
however may be extended or altered
Referred To:
Fire
Health
Police
X Zoning Board
Conservation
Department of Public Works
Planning
Historical Commission
Other
Building Department
To: Town of North Andover, Massachusetts
Zoning Board of Appeals
North Andover, Massachusetts
From: Albert and Lisa DelDotto
39 Rosedale Ave.
North Andover, Massachusetts
Date: January 4, 2010
Subject: Variance / Special Permit 39 Rosedale Ave. North Andover, Massachusetts Zone R-3
This petition concerns our home at 39 Rosedale Ave. The petition has two parts. First, we
would like to build a deck on the rear of the existing house. The second part is a garage with a
room above it, to be constructed on the south side of the existing house. A similar project was
approved in 1997 but never built.
The deck, if approved, will meet all of the yard -setbacks except for the rear. In Zone R-3
30' is required. If built as planned the deck will be 26.35' from the rear lot line, 3.65' less than
required.
The garage will be added to a pre-existing, non -conforming single family structure in Zone R-3.
If approved, the garage will not make the structure any more non -conforming.
The project will not change or interfere with any soil conditions or topography. The garage will
be built on grade over the existing driveway.
The lot is 13,610 square feet and shaped like an uneven rectangle approximately 130' x 105'.
The house, originally built in the 1930's, was constructed in the extreme northeast corner of the
lot. The lot and the house pre -date the existing Zoning By -Law. Its age and its odd placement on
the lot make it difficult for any addition or improvement to conform to the requirements of Table
2 of the Zoning By -Law
Our project fits in with the neighborhood and will not have a negative impact on any of the
abutters. If approved, this project will have a positive impact on the neighborhood by allowing us
to garage vehicles and other household equipment. The project will add value to the property and
make it comparable to the surrounding homes.
Approving the garage and deck will not go against the purpose or intent of the Zoning By -Law
The property is not in the watershed. The property contains no wetlands.
Respectfully Submitted,
OJ
Albert DelDotto Jr.. Lisa DelDotto
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by: - Date
Town of North Andover
Abutters Listing
For Site Pian Review
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."
Subject Property:
MAP—
PARCEL
Name —
Address _..
47
12
Albert Deldotto, Jr
39 Roasdale Avenue, North Andover, MA 01845
Abutters Properties
Map
Parcel's
Name
Address
25
66
AimcoRTA MS 235
P.O. Box 111397, Carrollton, TX 75011-1397
47
10
Joseph Paclos
11 Rosedale Avenue, North Andover, MA 01845
47
11
Pal Mel Family Trust
29 Rosedale Avenue, North Andover, MA 01845
47
38
John Shottes
15 Rosedale Avenue, North Andover, MA 01845
47
134
Town of North Andover
120 Main Street, North Andover, MA 01845
47
136
George Gray
49 Rosedale Avenue, North Andover, MA 01845
60
123
George Koehler
41 Quail Rune Lane, North Andover, MA 01845
60
124
Albert Yee
11 Allen Street, Bradford, MA 01832
60
125
Joseph Musumeci
63 Quail Rune Lane, North Andover, MA 01845
60.0
13
Linda Leo
66 Longwood Avenue, North Andover, MA 01845
60.0
14
Anita Fionte
82 Longwood Avenue, North Andover, MA 01845
60.0
15
Matthew Willis
100 Longwood Avenue, North Andover, MA 01845
60.0
17
Patricia Ranahan
48 Rosedale Avenue, North Andover, MA 01845
60.0
19
Robert Losco
32 Rosedale Avenue, North Andover, MA 01845
60.0
20 & 21
Hazel Hart
28 Rosedale Avenue, North Andover, MA 01845
60.0
22
Diego Areces
24 Rosedale Avenue, North Andover, MA 01845
60.0
23
Ryan Sauls
49 Longwood Avenue, North Andover, MA 01845
60.0
33
Paul Carus!
18 Rosedale Avenue, North Andover, MA 01845
60.0
50
Marilyn Hopping
67 Longwood Avenue, North Andover, MA 01845
60.0
51
Giuseppina Savi
68 Longwood Avenue, North Andover, MA 01845
60.0
54
Edward Sampson
38 Chestnut Court, North Andover, MA 01845
60.0
55
Muriel Picard
45 Chestnut Court, North Andover, MA 01845
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by: - Date
h
y
nwa BK 5220 PG 206
We, Ltaa Halgerty-Deldeft asid C. Janda Akares, of North Andover, Essex County, Maeawbwft
in -consideration paid of Ona DoBan (U.")
grant to Albert -G. Deldette, Jr. and Use Hagerty-Deldotto, husband and wife u tenants by the entirety
of 39 Rosedale Avenue, North Andover, Massachusetts 01845
with QMCLA11i1 COMN1lNIN
The land, together with the bn7dinp thereon, being shown u Lot 8 on a plan of land entitled "Plan of Land in North Andover,
MA to Accompany Variance Petition as Drawn for the Estate of Avis C. Comstock" dated: February 1986 and recorded in the
North Essex Registry of Deeds as Plan No. 10368.
Said Lot B is comprised of Lot 281-duomgh end dnchtding Lot 286 together with a portion of Lot 287 as shown on aid Plan
No. 10369 and as shown on Plan of Land known -as "Klondike Park", which plan is recorded in -said Registry as -Plan No. D360
Said Lot B containing 13,000 -sq. ft., more or less, all as shown on aid Plan No. 10368.
Subject to -amy and all easemenb, restrictions, couditioos.and/or reservations of record, if any, insofar -as the same may be in
fora and -applicable.
Being all and themmie premises conveyed to Omiator by deed of Meredith Heossi and Olive S. Davison dated April 9, 1992
and Recorded with the Essex North Registry of Deeds at Book 3440 Page 158.
Executed as a sealed instrument this 26th day of October, 1998.
On this 26th day of nAlCaro',
19:9js�b Deldotto and C. Jami to m
forgoing insuament, and aolmo ehey
OCT
28198 Px2:01
lssachusetts, Essex, ss:
me personally appeared Lin& Haggerty -
.the person(s) described in and who executed the, _
same as his/her/their file act and deed.
.......... —
Paul X. Runnell
My Commission Expires: Jnae 8, 2001
Seaq
—Notary Public
01aBa • 1aa7 Standard Sohrtlons, Inc. (781)3244= Printed: Sar Oct 24, 1998 By SCUcer WS2 Deed
-T-
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FO <
it
TOWN OF NORTH ANDOVER SPECIAL
ZONING BOARD OF APPEALS PERMIT
NAME AL&E,e-r bCLZ677-6 ,
ADDRESS OF APPEAL 31 R0
sQA-9cf A vE
Town Clerk Time Stam
Procedure & Requirements for
an Application for a Special
Permit
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first pubiic hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The
petitioner will complete items that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and. receivers
a Zoning Bylaw Denial form completed by the
Building Commissioner.
STEP 2: SPECIAL PERMIT APPLICATION FORM
Petitionet completes an application form to petition the
Board of Appeals for a Special Permit. All information, as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in Section 10 page 4 of this form.
STEP 4: LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessors Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies
of all the required information to the .Town Clerk's Office
to be certified by the Town Clerk with the time and date
of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
IMPORTANT PHONE NUMBERS:
Office of Community Dev. & Services 978-688-9533
1600 Osgood Street
Building 20, Suite 2-36
North Andover, Massachusetts 01845
Fax 978-688-9542
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney: In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:.
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision, Mylar, and any accompanying plans at the
Essex County North Registry of Deeds, 384 Merrimack
St., Lawrence MA 01843, and shall complete the
Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
IMPORTANT PHONE NUMBERS:
North Andover Town Hall
120 Main Street
978-688-9566 Assessor's Office
978-688-9501 Town Clerk
Page 1 of 4
Page 2 of 4
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
Please complete all items 1 -10 on pages 2 through 4:
1. Petitioner: *Name, *Address and telephone number:
3g RDSEZ)ACF 4Vt
NokT'I{ /�NDovEC , �''9A agYS 3�g-686- 070 9�if Asa dlt�8
libi►1 e• GGP 1
*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:
At_gCQT r Osq 2)ELz)pTT6 9-71. 406-oa76 971r- ffsa ItYg
.� 9 �oSEaALE A v
No2tb Am Naek I MP oirvs Years Owned Land: I g
3. Location of Property:.
a. Street: A)SEPAcc Awe Zoning District:
b. Assessors: Map Number 7 Lot Number: i a
c. Registry of Deeds: Book Number S a ;Lo Page Number: a 6
4. General Bylaw Section(s) under which the petition for the Special Permit is made.
c1,
*Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
A.)*
'br--cr,
rn ;'EA2
of
E'xtsrj j(,
110,,s C
AhL
6-Aeg6-
wM4
ROOM
AUVe 33
6X S7 -ANG /�BusE
The abovedescription shall be used foi 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):
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage Feet
13410 /j /A Ia
6B. Proposed Lot(s):
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft.. Coverage Feet
i3610 - N JA %
Frontage Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Spaces
Front Side A Side B
Rear
130' a
d,,i, 58,51
$.76 y0.3S
`
FReaf A
6 REAS
Frontage Parking .
Minimum Lot Setback
Spaces
Front Side A Side B
Rear
N 1A
-" N1A
09,
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 Spaces Front Side A Side B Rear
,?5060 NIR NJA
3o ;Lo x 30
7A. Existing Building(s):
Fro,jr Pr i3 kf-AR
Ground Floor Number of Total
Use of Number
Square feet Floors Sq. feet
Building* of Units**
�ES►bCAJT,J4 L .3
,
*Reference Uses from the Zoning Bylaws & Table 1.
"State
09,
number of units in building.
N ekt�T
7B. Proposed Building(s):
Ground Floor Number of Total
Use of Number
Square feet Floors Sq. feet
Building* of Units**
s 7 L a visa
CAO 46C W,T-A ?CoM a& -'P-
*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
application shall be filled 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 Zonin oard Rules and Regulations may
result in a dismissal by the Zoning Board of tuts aQplication as jfl�o jq%� _��,,, (n 14,7
Type above name(s) here AL(-zctr�F- LISA De)) otf-u
IF OWC At VI 'F
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a Special
Permit from the requirements of MGLA ch. 40A, and the
North Andover Zoning By-laws,all dimensional
requirements shall be clearly identified and factually
supported. All points, 1-6, are required to be
addressed with this application.
1. The particular use proposed for the land or structure.
2. The specific site is an appropriate location for such
use, structure or condition.
3. There will be no nuisance or serious hazard to
vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided
for the proper operation of the proposed use.
5. The use is in harmony with the purpose and intent of t
Zoning Bylaw.
6. Specific reference and response to the criteria
required by the particular Special Permit for which
this application is made (i.e. the Earth Removal
Special Permit has unique criteria and submittal
requirements.).
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans
must be submitted with this application to the T own
Clerk's Office and ZBA secretary at least thirty (30% days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/a conversion/ and/or a
Proposed change in use.
10 A. Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
I) five or more parking spaces,
II) three (3) or more dwelling units,
III) 2000 square feet of building area.
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information.
*10. B. *Plan Specifications:
n Size of plan: Ten (10 ) paper copies of a plan not
to exceed 11 "x17", preferred scale of 1"=4o,
,rtUAL PERMIT
In One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures and date.
III) Plan shall be prepared, stamped and certified by a
Registered Professional Land Surveyor. Please note
that plans by a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
*10 C. *Required Features On Plan:
n Site Orientation shall include:
1. north point
2. zoning district(s)
3. names of streets
4. Wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
Il) Legend & Graphic Aids shall include:
I. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner of record, and land surveyor.
7. Locus.
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated writ,,
an. asterisks (-). In some cases further information may
be required
11. APPLICATION FiLING FEES
A. Notification fees: Applicant shall provide a check
or money order to: -Town of North Andover for the cost
Of first class, certified, return receipt x # of all parties in
interest identified in MGLA ch. 40A §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1 "x2-5/8" (3 copies
for the Legal mailing and one copy for the Decision
mailing).
C. See 2005 Revised Fee Schedule.
®® A Special Permit once granted by the ZBA will
lapse in 2 (two) years if not exercised and a new
petition must be submitted. ®®
gORTH
4,
C +F
9SSACN,1`+k
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
VAME. Alpe= blbo T -M 32
4DDRESS OF APPEAL: 39 x6s&z�,qu R�
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
t3oaro of an application as
The information herein is an abstract of more
speck requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them.. The petitioner will complete items
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition. the
Board of Appeals for a Variance. All information as
required in items 1.through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in page 4, section 10 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
Town Clerk Time Stamp
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that the legal notice has been prepared and the cost of.
the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
.represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services
1600 Osgood St., Bldg. 20, Suite 2-36
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-6889566 Assessor's Office
PAGE 1 of 4
STEP 10: RECORDING THE DECISION AND PLANS.
STEP 5: SUBMIT APPLICATION:
The petitioner is responsible for recording certification of
Petitioner submits one (1.) original and ten (10) Xerox
the decision, the Mylar, and any accompanying plans at
copies of all the required information to the Town Clerk's
the Essex County, North Registry of Deeds, 384
Office to be certified by the Town Clerk with the time and
Merrimack St. Suite #304, Lawrence MA, 01843 and
date of fling. The original will be left at the Town Clerk's
shall complete the Certification of Recording form and
Office, and the 10 Xerox copies will be left with the
forward it to the Zoning Board of Appeals and to the
Zoning Board of Appeals secretary.
Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services
1600 Osgood St., Bldg. 20, Suite 2-36
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-6889566 Assessor's Office
PAGE 1 of 4
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
Please completeall. Items.1 :.10: below.`
I. Petitioner: `Name, *Address and telephone number:
PL 136QT 2!lU 107_J D IX .
, ? ?&ZmeE Ave 178-4&1 . v 976 90me
No2TN .4k&✓ee , ✓YIA otsi S 978- 95A- 11Y5r Cell
*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:
A156.eT r LISA
39 ?osEMce ,4 ve
/,A0 hAaa✓ec M4 o lg y S
Years Owned Land: i $ g 71- 04 -6A70 978- Ssa• ow
Nbme cell
3. Location of Property:
a. Street: 3�? &Xbgtc Ave Zoning District: ,3
b. Assessors: Map number: q 7 Lot Number: /A
c. Registry of Deeds: Book Number: Sa A a Page Number: '906
4. Zoning Bylaw Section(s)* under which the petition for the Variance is evade.
7.3 Au SET $ACK 30, _zfaulkerb Pebwc e' R635 -SEi.�39fK
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
6u i L A .BECK as 9E14,Q Of &)_0_)•J� A1601C
AT'>b &MAf,E w ,''A ZWM ABvee io fX�, � G )-f►�:� S
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. Failure by the applicant to describe the request clearly
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.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. 100 fj/a l'/A % d 4A p d G 3, 65'
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
6 B. Existing Lot:
Lot Area Open Space Percent Lot
Frontage Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet Spaces
Front . Side A Side B
Rear
)3d 1b WA -N JA
1.3b
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot
Frontage Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet Spaces
Front Side A Side B
Rear
)36i /J JA rJ/A3
I o`
p t A. ,�/A ,�/a
----
6 D. Required Lot: As required by
Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot
Frontage Parking
Minimum Lot Setback
Sq. Ft. . Sq. Ft. Coverage
Feet Spaces
Front Side A Side B
Rear
x5000 ;J JA ,j 1A
--J )A
30 as ao
3b
7A. Existing Building(s):
Ground Floor Number of Height
Square feet Floors
Total
Sq. feet
Use of
Building*
Number
of Units"
�2
7,ES Imo► r, A K -3
I
"Reference Uses from the Zoning Bylaw & Table 1. "State number of
units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height
Total
Use of
Number
Square feet Floors
Sq. feet
Building"
of Units"
379 l y'
326
JECt-
5-7�
'Reference Uses from the Zoning Bylaw & Table 1.
"State number of units in building(s).
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 as incomplete. A ^
Type above name(s) here: M.GEQT ?)e1b>to s2 0SA 'bet 'borT-0
PAGE 4 OF 4
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. 10.4 and the North
Andover Zoning By-laws, all dimensional requirements
shall be clearly identified and factually supported. All
points, A -F, are required to be addressed with this
application.
rf..
M
E.
F.
The particular use proposed for the land or structure.
The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the Variance is
sought which do not affect generally the zoning
district in which the property is located.
Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable zoning restrictions with
respect to the land or building for which the variance
is sought.
Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
Facts relied upon to support a finding that relief
sought may be given without nullifying or
substantially derogating from the intent or purpose of
the Ordinance.
Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans
must be submitted with this applicatiorr to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation pians by a Registered
Architect may be required when the application
involves new construction/conversion/ and/or a
Proposed change in use.
10. A. Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
n five (5) or more parking spaces,
II) three (3) or more dwelling units,
III) 2,000 square feet of building area.
Major Projects shall require, that in addition to the 10B &
10C features, that the plans show detailed utilities, soils,
and topographic information.
*10. B. *Plan Specifications:
VARIANCE
1) Size of plan: Ten (10 ) paper copies of a pian not
to exceed 11"x17", preferred scale of 1"=40'
H) One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures & date.
Ho Plan shall be prepared, stamped and certified by a
Registered. Professional Land Surveyor. Please note
that plans by. a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect. may be required for Major Projects.
*10 C. *Required Features On Plan:
1) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions; easements.
M Legend & Graphic Aids shall Include:
1. .Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of -Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and land surveyor.
7. Locus
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisk (*). In some cases further information may
be required.
11. APPLICATION FILING FEES
1I.A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover" for the cost
of first class, certified, return receipt x # of all partes in
interest identified in MGLA ch. 40A §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
11.13. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1"x2-518" (3 copies
for the_ Legal, and one copy for the Decision mailing).
11.C. Applicant shall provide a check or money order
to: `Town of North Andover" per 2005 Revised Fee
Schedule.
► A Variance once granted by the ZBA will lapse in 9
(one) year if not exercised and a new petition must
be submitted. .4
wont ;
it
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS SPECIAL
WE ALdf,er bcLaarro PERMIT
)REBS •F A��EA� �� o_�_
Procedure & Requirements for
an Application for a Special
Permit
Ten (10) copies of the following information must be
submitted thirty'(30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The
petitioner will rnmriie+e ;4.,._- .L
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and, receivers
a Zoning Bylaw Denial form completed by the
Building Commissioner.
STEP 2: SPECIAL PERMIT APPLICATION FORM
Petitioner completes an application form to petition the
Board of Appeals for a Special Permit. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in Section 10 page 4 of this form.
STEP 4: LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessors Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies
of all the required information to the Town Clerk's Office
to be certified by the Town Clerk with the time and date
of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
IMPORTANT PHONE NUMBERS:
Office of Community Dev. & Services 978-688-9533
1600 Osgood Street
Building 20, Suite 2-36
North Andover, Massachusetts 01845
Fax 978-688-9542
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS.
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by using
the information it has received .to date.
STEP 9: DECISION: .
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS,
The petitioner is responsible for recording certification of
the decision, Mylar, and any accompanying plans at the
Essex County North Registry of Deeds, 384 Merrimack
St., Lawrence MA 01843, and shall complete the
Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
IMPORTANT PHONE NUMBERS:
North Andover Town Hall
120 Main Street
978-688-9566 Assessor's Office
978-688-9501 Town Clerk
Page 1 of 4
Page 4 of 4 r--- - -
Page 2 of 4
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
Please complete all items 1 -10 on pages 2 through 4:
1. Petitioner: *Name, *Address and telephone number:
.31/ 9PLE7)A(E f}ye --
NolL�'t+ A�DavEC /V blkys 9�g b�70 97Y- 95.2 �ly8
146met ca41
*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:
ALGEQT T L/SA 2)ELD67- Tp 9��-C86-oa7o s7g- imR.1619
3 9 ZPS6b&E Ave
NaztV An�>ovER ' MA aiws Years Owned Land: I g
3. Location of Property:.
a. Street: 39 )'65EagcE A vA Zoning District: R -3
b. Assessors: Map Number . Y 7 Lot Number: a
c. Registry of Deeds: Book Number 5a ao Fuge Number: ;26 6
4. General Bylaw Section(s) under which the petition for the Special Permit is made.
9.1
*Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
ADD 1�EcK TD ,ZEAe go ExtsrJ.jG &os 6
A1b.i-1 G-AeE w,,rN -zoom 1466ve 73 EX►sr/NG 1400sc-
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):
Lot Area Open Space Percent Lot
Sq. Ft. Sq. Ft. Coverage
13410 /1 —/A J 1 %
6B. Proposed Lot(s):
Frontage Parking
Feet Spaces
130'
Lot Area
Open Space
Percent Lot
Frontage Parking
Sq. Ft
Sq. Ft..
Coverage Feet
Spaces
R-3 L
i3610
�- NIA
°�° --
tJ lA
6C. Required Lot:
(As required by Zoning Bylaws & Table 2))
Lot Area
Open Space
Percent Lot
Frontage Parking
Sq. Ft.
Sq. Ft.
Coverage Feet
Spaces
Ground Floor
Number of
Total
Use of Number
0?5 O60
Nm
N JA
I oZ 5
7A. Existing Building(s):
Minimum Lot Setback
Front Side A Side B Rear
6, J6 58,51 8.76 90 JS
FReaT R B W OL
Minimum Lot Setback
Front Side A Side B Rear
Minimum Lot Setback
Front Side A Side B Rear
30 16 a 30
Frew? A- 6 RSR
Ground Floor
Number of
Total
Use of Number
Square feet
Floors
Sq. feet
Building* of Units"
R-3 L
*Reference Uses from the Zoning Bylaws & Table 1.
*"State number of units in building.
�EN.It�
7B. Proposed Building(s):
Ground Floor
Number of
Total
Use of Number
Square feet
Floors
Sq. feet
Building* of Units"
379
1
73
lec,,
E 7 L
o?
)/Sj
GAQAGE w "r►4 ACV-' A&"e
*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
application shall be filled 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 Zonin oard Rules and Regulations may
result in a dismissal by the Zoning Board of this Z.) Y n� grtlp�gt'e��-� ���i
Type above name(s) here Ami IUNV3 LISA &))S6tla
Page 4 of 4
9'WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in
detail all facts relied upon. When requesting a Special
Permit from the requirements of MGLA ch. 40A, and the
North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, 1-6, are required to be
addressed with this application.
1. The particular use proposed for the land or structure.
2. The specific site is an appropriate location for such
use, structure or condition.
3. There will be no nuisance or serious hazard to
vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided
for the proper operation of the proposed use.
S. The use is in harmony with the purpose and intent of t
Zoning Bylaw.
6. Specific reference and response to the criteria
required by the particular Special Permit for which
this application is made (i.e. the Earth Removal
Special Permit has unique criteria and submittal
requirements.).
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans
must be submitted with this application to the T own
Clerk's Office and ZBA secretary at least thirty (30) days
Prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/a conversion/ and/or a
Proposed change in use.
10 A. Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
1) five or more parking spaces,
II) three (3) or more dwelling units,.
III) 2000 square feet of building area.
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information.
*10. B. *Plan Specifications:
17 Size of plan: Ten (10 ) paper copies of a plan not
to exceed 11 "x17", preferred scale of 1 11=40'
_7
SPECIAL PERMIT
In One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures and date.
IM Plan shall be prepared, stamped and certified by a
Registered Professional Land Surveyor. Please note
that plans by a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
*10 C. *Required Features On Plan:
n Site Orientation shall include:
1. north point
2. zoning district(s)
3. names of streets
4. Wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
In Legend & Graphic Aids shall include:
I. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner of record, .and land surveyor.
7. Locus.
10 D. Minor Projects
Minor projects, such as decks, sheds, and garage
shall require only the Plan information.indicateda with
an. asterisks (*). In some cases further information may
be required
11. APPLICATION FILING FEES
A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover for the cost
of first class, certified, return receipt x # of all parties in
interest identified in MGLA ch. 40A §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1 "x2-5/8" (3 copies
for the Legal mailing and one copy for the Decision
.mailing).
C. See 2005 Revised Fee Schedule.
®® A Special Permit once granted by the ZBA will
lapse in 2 (two) years if not exercised and a new
petition must be submitted. ®®
To: Town of North Andover, Massachusetts
Zoning Board of Appeals
North Andover, Massachusetts
From: Albert and Lisa DelDotto
39 Rosedale Ave.
North Andover, Massachusetts
Date: January 4, 2010
Subject: Variance / Special Permit 39 Rosedale Ave. North Andover, Massachusetts Zone R-3
This petition concerns our home at 39 Rosedale Ave. The petition has two parts. First, we
would like to build a deck on the rear of the existing house. The second part is a garage with a
room above it, to be constructed on the south side of the existing house. A similar project was
approved in 1997 but never built.
The deck, if approved, will meet all of the yard -setbacks except for the rear. In Zone R-3
30' is required. If built as planned the deck will be 26.35' from the rear lot line, 3.65' less than
required.
The garage will be added to a pre-existing, non -conforming single family structure in Zone R-3.
If approved, the garage will not make the structure any more non -conforming.
The project will not change or interfere with any soil conditions or topography. The garage will
be built on grade over the existing driveway.
The lot is 13,610 square feet and shaped like an uneven rectangle approximately 130' x 105'.
The house, originally built in the 1930's, was constructed in the extreme northeast corner of the
lot. The lot and the house pre -date the existing Zoning By -Law. Its age and its odd placement on
the lot make it difficult for any addition or improvement to conform to the requirements of Table
2 of the Zoning By -Law
Our project fits in with the neighborhood and will not have a negative impact on any of the
abutters. If approved, this project will have a positive impact on the neighborhood by allowing us
to garage vehicles and other household equipment. The project will add value to the property and
make it comparable to the surrounding homes.
Approving the garage and deck will not go against the purpose or intent of the Zoning By -Law
The property is not in the watershed. The property contains no wetlands.
Respectfully Submitted,
Albert DelDotto Jr.. Lisa DelDotto
Dad BK 5220 P6 206
y1, we, Un Haggerty-Deldolto sed C. Juke Alems, of North Andmror, Essex County, Masaacbnaette
in -consideration paid of One Do@ars (SUG)
grant to Albert -G. Dddetwo Jr. anti Lisa Hagerty-Deldotto, hosband and wife as tenants by the entirety
of 39 Rosedale Avenue, North Andover,_Massachusetts 01145
with QLMI.AIM COVENANT S'
The land, together with the buildings thereon, being shown as Lot B on a plan of land entitled "Plan of Land in NorthAMover,
MA to Accompany Variance Petition as Drawn for the Estate of Avis C. Comstock" dated: February 1986 and recorded in the �p
North Essex Registry of Deeds a Plan No. 10368.
Said Lot B is comprised of Lot 291 -through andincludmg Lot 286 together with a portion of Lot 287 as shown on said Plan
No. 10368 and u shown on Plan -of Land known, Wondilm Park", which plan is recorded in-Wd Registry as -Plan No. D360. -
Said Lot B containing 13,000 -sq. ft., more -or leas, all as shown no said Plan No. 10368.
Subject to -any and all easements, restrictions, condidons-and/or reservations of record, if any, i=ofaras the same may be in
force andfpplicable.
Being all and themrae premises conveyed to Grantor by deed of Meredith Heussi and Olive S. Davison dated April 9, 1992
and Recorded with the Essex North Registry of Deeds at Book 3440 Page 158.
Executed as a sealed insaunu m this 26th day of October, 1998.
OCT 2$198 Pm2:01
ISsachusetts, Essex, ss:
on" 26th dof Oe , 1998 me personally appeared Lisa Haggerty-
LYDeldotto and C. Jani Alcare , tome wn .the person(s) described in and who executed the,
forgoing instrument, and acimo ed that be/ they -s same as his/her/heir free act and deed
>...
..... ...... ....... ........................................... (Sean
Paul K. Russell —Notary Public
My Commission Expires: June 6, 2001
MM -1997 Standard Sokitb , Inc. (781)3240= Pdnud: Sar Oct 24, 1998 By SCu:d Wn Deed
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
For Site Plan Review
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) feel 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."
Subject Property:
MAP- - PARCEL Name Address
47 12 Albert Deldotto, Jr 39 Roasdale Avenue, North Andover, MA 01845
Abutters Properties
Map
Parcel's
Name
Address
25
66
AimcorrTA MS 235
P.O. Box 111397, Carrollton, TX 75011-1397
47
10
Joseph Pacios
11 Rosedale Avenue, North Andover, MA 01845
47
11
Pal Mei Family Trust
29 Rosedale Avenue, North Andover, MA 01845
47
38
John Shottes
15 Rosedale Avenue, North Andover, MA 01845
47
134
Town of North Andover
120 Main Street, North Andover, MA 01845
47
136
George Gray
49 Rosedale Avenue, North Andover, MA 01845
60
123
George Koehler
41 Quail Rune Lane, North Andover, MA 01845
60
124
Albert Yee
11 Allen Street, Bradford, MA 01832
60
125
Joseph Musumed
63 Quail Rune Lane, North Andover, MA 01845
60.0
13
Linda Leo
66 Longwood Avenue, North Andover, MA 01845
60.0
14
Anita Fionte
82 Longwood Avenue, North Andover, MA 01845
60.0
15
Matthew Willis
100 Longwood Avenue, North Andover, MA 01845
60.0
17
Patricia Ranahan
48 Rosedale Avenue, North Andover, MA 01845
60.0
19
Robert Losco
32 Rosedale Avenue, North Andover, MA 01845
60.0
20 & 21
Hazel Hart
28 Rosedale Avenue, North Andover, MA 01845
60.0
22
Diego Areces
24 Rosedale Avenue, North Andover, MA 01845
60.0
23
Ryan Sauls
49 Longwood Avenue, North Andover, MA 01845
60.0
33
Paul Carus!
18 Rosedale Avenue, North Andover, MA 01845
60.0
50
Marilyn Hopping
67 Longwood Avenue, North Andover, MA 01845
60.0
51
Giuseppina Savi
68 Longwood Avenue, North Andover, MA 01845
60.0
54
Edward Sampson
38 Chestnut Court, North Andover, MA 01845
60.0
55
Muriel Picard
45 Chestnut Court, North Andover, MA 01845
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by:'- Date
µORT{
X10
��Ss1t�b .'�.{•
ACHUsf
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
rM 36L
Procedure &'Requirements .
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
tioaro of an application as incom
The information herein is an abstract of more
specific requirements listed in the Zoning Board
Rules and Regulations and is not meant to
supersede them.. The petitioner will complete items
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in page 4, section 10 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
VARIANCE
Town Clerk Time Stamp
STEP S: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that the legal notice has been prepared and the cost of.
the Party in Interest fee.
STEP 7: 'DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her beFialf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services
1600 Osgood St., Bldg. 20, Suite 2-36
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
PAGE 1 of 4
STEP 10: RECORDING THE DECISION AND PLANS.
STEP 5: SUBMIT APPLICATION:
The petitioner is responsible for recording certification of
Petitioner submits one (1) original and ten (10) Xerox
the decision, the Mylar, and any accompanying plans at
copies of all the required information to the Town Clerk's
the Essex County, North Registry of Deeds, 384
Office to be certified by the Town Clerk .with the time and
Merrimack St. Suite #304, Lawrence MA, 01843 and
date of filing. The original will be left at the Town Clerk's
shall complete the Certification of Recording form and
Office, and the 10 Xerox copies will be left with the
forward itto the Zoning Board of Appeals and to the
Zoning Board of Appeals secretary.
Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services
1600 Osgood St., Bldg. 20, Suite 2-36
North Andover, MA 01845
978-688-9542 fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-688-9566 Assessor's Office
PAGE 1 of 4
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
Please coinplete` all. items f 10below:` _ f
1. Petitioner: *Name, *Address and telephone number:
39 ?PZZacE Ave 578 - 68L - a d7d game
No,eTH fik&Ve,e , ✓j'IA 0,64 S 973- 95d- 66y8 cell
*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:
3g 7osE�60 Ave
IUPRTA 44ao vez , MA o 1 g y S
Years Owned Land: j oj 11.6 4 -oa 7o 978- gsa• df?
liarne Ceti
3. Location of Property:
a. Street: 3� R6XD,4cE Ave Zoning District: -2
b. Assessors: Map number: y 7 Lot Number: / a
c. Registry of Deeds: Book Number: Sado Page Number: a 6 6
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
13 AAe s E -r BACK 30' ,eEauleELb PlebPasE o be c K NAs 74.35 .sET,ci'9cK
"Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
6u I L 6 .26CK oN ACAC Of AXI ST,ti,G /�eysE'
ADb 6 -MAGE w STA Zwm A Co ve Tb fx, S, ,,4 t 1100 S (E
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. Failure by the applicant to describe the request clearly
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.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. 0 ����v 4A3 p U G 3, dS
rag= -j v1 -P
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E
6 B. Existing Lot:
Lot Area Open Space Percent Lot
Frontage
Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front Side A Side B
Rear
BOO )A M)A
6D
35
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot
Frontage
Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front Side A Side B
Rear
13610 IJ JA rJ1A
130'
CZ
�1a ,�/A /a
6 D. Required Lot: (As required by
Zoning Bylaw & Table 2)
Lot Area Open Space Percent Lot
Frontage
Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage
Feet
Spaces
Front Side A Side B
Rear
a5 00D r3 JA ,j JA
S
/A
30 as ao
36
7A. Existing Building(s):
Ground Floor Number of Height
Square feet Floors
Total
Sq. feet
Use of
Building"
Number
of Units"
1�Sb 021
o?lyo�
ASIJ&r,AC IZ-3
I
"Reference Uses from the Zoning Bylaw & Table I. ""State number of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. feet Building" of Units'*
,379 1 `l ' �3» JEC r-
576
-576 2 2 G" 11 5'd- 6 ARA& C w rr h P-001 4& Ue —%—
*Reference Uses from the Zoning Bylaw & Table 1.
"State number of units in building(s).
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 as incomplete.
Type above name(s) here: A46EQT- �)etWt�o s2 05A 'bfcboTro
PAGE 4OF4
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. 10.4 and the North
Andover Zoning By-laws, all dimensional requirements
shall be clearly identified and factually supported. All
points, A -F, are required to be addressed with this
application.
A.
B.
C.
V
E.
F.
The particular use proposed for the land or structure.
The circumstances relating to soil conditions, shape
or topography of such land or structures especially
affecting the property for which the Variance is
sought which do not affect generally the zoning
district in which the property is located.
Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable. zoning restrictions with
respect to the land or building for which the variance
is sought.
Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
Facts relied upon to support a finding that relief
sought may be given without nullifying or
substantially derogating from the intent or purpose of
the Ordinance.
Submit RDA from Conservation Commission when
Continuous Buildable Area is applied for in ZBA
application.
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/conversiont and/or a
proposed change in use.
10. A. Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
1) five (5) or more parking spaces,
II) three (3) or more dwelling units,
III) 2,000 square feet of building area.
Major Projects shall require, that in addition to the 10B &
10C features, that the plans show detailed utilities, soils,
and topographic information.
*10. B. *Plan Specifications;:
VARIANCE
1) Size of plan: Ten (10 ) paper copies of a pian not
to exceed 11"x17", preferred scale of 1"=40'
In One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures & date.
III) Plan shall be prepared, stamped and certified by a
Registered. Professional Land Surveyor. Please note
that plans by. a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect. may be required for Major Projects.
*10 C. *Required Features On Plan:
1) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
II) Legend & Graphic Aids shall include:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner or record, and land surveyor.
7. Locus
10 D. Minor Projects
Minor projects, such as decks, sheds, and garages,
shall require only the plan information as indicated with
an. asterisk (" ). In some cases further information may
be required.
11. APPLICATION FILING FEES
11. A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover" for the cost
of first class, certified, return receipt x # of all parties in
interest identified in MGLA ch. 40A §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
11.13. Mailing labels: Applicant shall provide four.(4)
sets of mailing labels no larger than 1"x2-5/8" (3 copies
for the Legal, and one copy for the Decision mailing).
11. C. Applicant shall provide a check or money order
to: `Town of North Andover" per 2005 Revised Fee
Schedule.
► A Variance once granted by the ZBA will lapse in 1
(one) year if not exercised and a new petition must
be submitted..
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
Richard M. Vaillancourt
Town of North Andover
ZONING BOARD OF APPEALS
Legal Notice
North Andover Board of Appeals
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq.
Michael P. Liporto
Zoning Enforcement Officer
Gerald. A. Brown
Notice is hereby given that the Board of Appeals will hold a public hearing at North
Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, February 9th
2010, at 7:30PM to all parties interested in the petition of Alberto Deldotto JR., for
property located at 39 Rosedale Ave (Map 47, Parcel 12), North Andover, MA
01845. Petitioner is requesting a Special permit and Variance to add a deck to rear of
existing house and also a garage with a. room above to the existing house (Section
7.3and 9.1) in an R-3 Zoning District.
Application and supporting materials are available for review at the office of the
Zoning Department 1600 Osgood Street, North Andover, MA, Monday through
Thursday from the hours of 9:00 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
January 26, 2010
February 2, 2010
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman° µoerH q
3r b ° eti o Associate Members
Ellen P. McIntyre, Vice -Chairman Thomas D. 1ppolito
Richard J. Byers, Esq. Clerk < '�° Daniel S. Braese, Es
Joseph. D. LaGrasse � a � * q
*
Richard M. t'aillMichael P. Liorto
p
ancourt '� °9 <�: � ^,. +
4°q�r.c J"yg9 ZOMI/7g Enforcement Officer
�SSacHuSE� Gerald A. Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at North
Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, February 9"'
2010, at 7:30PM to all parties interested in the petition of Alberto Deldotto JR., for
property located at 39 Rosedale Ave (Map 47, Parcel 12), North Andover, MA
01845. Petitioner is requesting a Special permit and Variance to add a deck to rear of
existing house and also a garage with a room above to the existing house (Section
7.3and 9.1) in an R-3 Zoning District.
Application and supporting materials are available for review at the office of the
Zoning Department 1600 Osgood Street, North Andover, MA, Monday through
Thursday from the hours of 9:00 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
`January 26, 2010
February 2, 2010
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Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman cF No D , q
Ellen P. McIntyre, Vice -Chairman 3? b°''e� o Associate Members
°_ 0 Thomas D. Ippolito
Richard J. Byers, Esq. Clerk ,o
Joseph D. LaGrasse * i ,� Daniel S. Braese, Esq.
_ � * Michael P. Liporto
Richard M. Z%aillancourr � 4q ,� �� ,�"
Zoning Enforcement Officer
SSACHU`-+fit Gerald A. Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at North
Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, February 9th
2010, at 7:30PM to all parties interested in the petition of Alberto Deldotto JR., for
property located at 39 Rosedale Ave (Map 47, Parcel 12), North Andover, MA
01845. Petitioner is requesting a '-"--;grace to add a deck to rear of
existing house and also a garag �4 the existing house (Section
7.3 and 9.1) in an R-3 Zoning Di a
Application and supporting in O �� review at the office of the
Zoning Department 1600 Os a; > ever, MA, Monday through
Thursday from the hours of 9:00 Alva L,,_ _ "K'
By order of the Board of Appeals
Albert P. Manzi I1I, Esq., Chairman
Published in the Eagle Tribune on:
January 26, 2010
February 2, 2010
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,filbert P. Manzi 111, Esq. Chairman
Ialen 11. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrassc
David R. Webster
Associate A lowben
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq
Town of North Andover
ZONING BOARD OF APPEALS
o
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, A44(name), hereby certify as follows:
1. I am a member of said board. — 2. Q A - -
2. I missed a hearing session on the matter of
which was held on
P--ekr- T. eLa1 a
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.
b.
audio recording of the missed hearing session;
video recording of the missed hearing session;
a transcript of the missed hearing session.
This certification shall become apart of the record of the proceedings in the above matter.
Signed this _ 9 -Al day of , 20_t
Received as part of the record of the above matter:
Date: ,,
9 ) � 0
By:
Position: VICe' CYYR,LJC�'
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
To: Town of North Andover, Massachusetts D
Zoning Board of Appeals
North Andover, Massachusetts FEB 2 4 2010
From: Albert and Lisa DelDotto
39 Rosedale Ave. BOARD OF APPEALS
North Andover, Massachusetts
Date: February 16, 2010
Subject: Variance f Special Permit 39 Rosedale Ave. North Andover, Massachusetts Zone R-3
Continued from February 2010
This petition concerns our home at 39 Rosedale Ave. The petition has two parts. First, we
would like to build a deck on the rear of the existing house. The second part is a garage with a
xoom above it, to be constructed on the south side of the existing house. A similar project was
approved in 1997 but never built
At the Zoning board of Appeals meeting of February 9, 2010 The Board heard the petition and
letters of support from abutters were submitted. The Zoning Official supported the petition and
there were no negative public comments.
The board suggested that the proposed garage be off set to the existing breezeway by three feet to
the rear in order to lengthen the driveway.
Attached please find modified plans showing the garage moved back as suggested and an
additional one foot removed from the length of the garage. The result of these changes is an
additional four feet added to the length of the driveway
Our project fits in with the neighborhood and will not have a negative impact on any of the
abutters. if approved, this project will have a positive impact on the neighborhood by allowing us
to garage vehicles and other household equipment. The project will add value to the property and
make it comparable to the surrounding homes.
Approving the garage and deck will not go against the purpose or intent of the Zoning By -Law
Respectfully Submitted,
Albert DelDotto Jr...
Li elDotto
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning (
Town of North Andover
Abutters Listing
For Site Plan Review
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."
SubiectProDe
MAP
PARCEL
Name
Address
47
12
Albert Deldotto, Jr
39 Roasdale Avenue, North Andover, MA 01845
Abutters Properties
Map
Parcel's
Name
Address
25
66
Aimco/TTA MS 235
P.O. Box 111397, Carrollton, TX 75011-1397
47
10
Joseph Pacios
11 Rosedale Avenue, North Andover, MA 01845
47
11
Pal Mel Family Trust
29 Rosedale Avenue, North Andover, MA 01845
47
38
John Shottes
15 Rosedale Avenue, North Andover, MA 01845
47
134
Town of North Andover
120 Main Street, North Andover, MA 01845
47
136
George Gray
49 Rosedale Avenue, North Andover, MA 01845
60
123
George Koehler
41 Quail Rune Lane, North Andover, MA 01845
60
124
Albert Yee
11 Allen Street, Bradford, MA 01832
60
125
Joseph Musumeci
63 Quail Rune Lane, North Andover, MA 01845
60.0
13
Linda Leo
66 Longwood Avenue, North Andover, MA 01845
60.0
14
Anita Fionte
82 Longwood Avenue, North Andover, MA 01845
60.0
15
Matthew Willis
100 Longwood Avenue, North Andover, MA 01845
60.0
17
Patricia Ranahan
48 Rosedale Avenue, North Andover, MA 01845
60.0
19
Robert Losco
32 Rosedale Avenue, North Andover, MA 01845
60.0
20 & 21
Hazel Hart
28 Rosedale Avenue, North Andover, MA 01845
60.0
22
Diego Areces
24 Rosedale Avenue, North Andover, MA 01845
60.0
23
Ryan Sauls
49 Longwood Avenue, North Andover, MA 01845
60.0
33
Paul Carusi
18 Rosedale Avenue, North Andover, MA 01845
60.0
50
Marilyn Hopping
67 Longwood Avenue, North Andover, MA 01845
60.0
51
Giuseppina Savi
68 Longwood Avenue, North Andover, MA 01845
60.0
54
Edward Sampson
38 Chestnut Court, North Andover, MA 01845
60.0
55
Muriel Picard
45 Chestnut Court, North Andover, MA 01845
This certifies that the names appearing on the
records of the Assessors office as of
Certified by: Date
To: North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
Date: February 9, 2010
Re: DelDotto Petition to add a deck and garage with room above.
VCO;�"
I have seen the plans for the DelDotto's proposed addition. I have no opposition to the
project. The DelDotto's plans will not negatively impact the neighborhood. Furthermore,
I believe the addition will add to the overall appeal of the Rosedale Ave. area.
'O'OwI
A��
To: North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
Date: February 9, 2010
Re: DelDotto Petition to add a deck and garage with room above.
I have seen the plans for the DelDotto's proposed addition. I have no opposition to the
project. The DelDotto's plans will not negatively impact the neighborhood. Furthermore,
I believe the addition will add to the overall appeal of the Rosedale Ave. area.
coo, RoQ Lo sc o
31 9OS(- t�t-E A ✓IC
To: North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
Date: February 9, 2010
Re: DelDotto Petition to add a deck and garage with room above.
I have seen the plans for the DelDotto's proposed addition. I have no opposition to the
project. The DelDotto's plans will not negatively impact the neighborhood. Furthermore,
I believe the addition will add to the overall appeal of the Rosedale Ave. area.
To: North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
Date: February 9, 2010
Re: DelDotto Petition to add a deck and garage with room above.
I have seen the plans for the DelDotto's proposed addition. I have no opposition to the
project. The DelDotto's plans will not negatively impact the neighborhood. Furthermore,
I believe the addition will add to the overall appeal of the Rosedale Ave. area.
6�,oA,a,y
To: North Andover Zoning Board of Appeals
North Andover, Massachusetts 01845
Date: February 9, 2410
Re: DelDotto Petition to add a deck and garage with room above.
I have seen the plans for the DelDotto's proposed addition. I have no opposition to the
project. The DelDotto's plans will not negatively impact the neighborhood. Furthermore,
I believe the additi?n will add to the overall appeal of the Rosedale Ave. area.
P A T6)\ � c, A � A rJ A N A ^J
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