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HomeMy WebLinkAboutMiscellaneous - 2BA Elm Street 28,,w�— -N ci Nt r6* 40 TN 01 1 0 .4� 0 0 ' VII �_' 1. —1.-1 ls�k Y �' I TOWN OF NORTH ANDOVER MASSACHUSE7-iS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of John & Linda Schoonmaker, 28 Elm Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2 for a side and rear setback for a proposed addition of storage space, and proposed addition to enlarge an existing family room and proposed addition of a deck, and for a Special Permit under Section 9, P9.1, & 9.2 in order to enlarge a non -conforming residence. Said premises affected is property with frontage on the North side of Elm Street which is in the R-4 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1: PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. 1-0— ID 'Cn IB, :'I ��zw rn _UID_rQ Cg 0 (n .8 ,< W SO 1 1; .0 "'o ID 1 :3 ogaogZo , z W CL 0 %0) L 0 5rAL,� * '�I D CD F)_- 0 C- CD 0 C 0 r ZU3 CD '00 CD W :r.:3 M CL CD 0 M U) M C' Co _4 0.1 .0 0 vi -85=0 r- M.z"S'2�"O.>* > �4 W -ID ID 'a :3 <0 0.0 r- CL; CL(D >a 0 zzz 300ID_0a3- "'im �� 2, C'_ 3 CL > , _.4 a I cc C 5 K 9-") -0 s P, @' ; (") 1010, 0 -0 090 o n 1.1) '0 2. 5" C 9aa_5>M= - , , 0 CD > )M wo CD 0 > :r Cn.0 (D 0 3 ai, :00 - 's - '- , >, 0 -0 0 -0 '0 F W S. - - �� '.:' Kao ..ago, P = " CD CD _. .- (D < U) < CD :__ 2. ct 5' CD 2 CD _M (D RL CD M 0) WRE-r�: Qu=ro mclo CL(Q G 'CD 8 CaD :03 3 � 'co 9m� :S -7 U) (D - tO a. w .P Sn CD 3 'zo ­* 0 0 TOWN OF NORTH ANDOVER MASSACHUSE77S BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of John & Linda Schoonmaker, 28 Elm Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2 for a side and rear setback for a proposed addition of storage space, and proposed addition to enlarge an existing family room and proposed addition of a deck, and for a Special Permit under Section 9, P9.1, & 9.2 in order to enlarge a non -conforming residence. Said premises affected is property with frontage on the North side of Elm Street which is in the R-4 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. CD -4 CL WRWHI F*=CD3 CDR <IIECD= Z_,nc- w 0=(0=r CD - :2 S F�) 0 (D CL5 CD C, 0 L 0 �fl_ 5':E 'M 0, C:D� -,'IOD :V 0:3'� ID 0 1 0, ZU3 a U) CD W -0 1R. 00 2. CM, CCL, U) 0 . �iFla RK96C a Z_ =r,D 52� & CD (D.3- =2. 3 --Z:r. wa to 8 00) co (0 --1 -0 (D no -a -s 3 8 0 M CD 0 > m 3 !"o 0< 1,D. 6 u)'o , o r,3, Fy 0 1'4) Ca, T. 7pmo� W 0� 3. 5 -, -2 A Ea. -5y r_ 0 OL 6 -C� — =t CL CD 0, 5. =r U) > 0) CD o CD 3 5;3 0) C'a :r 2: N 6 0 0 -00 X 'L 0 W M 0 CD Cn 0 — V .N ::. - =.0 Lb- Cn- — FL 3 �g 06=6 2' CL CL 0) ? E 5. CD 0 5 -o— 'D 'n (a 9 ID � FCD 0. 3 !R CD 3 ID NORrdANDOVER OML410E OF , C' TEE ZON!NG MtkRD OF Al"PEI.�L- CIIARLES STP—EET N,OR-FFI ANDOVF_7� � _ j/LZkSSAC'k-�qjjSETT3 ()t�4� Any appeal shall be filed within (20) days after the date of filing of this notice NOTICE OF DECISION Provertv at: 28 Elm Street . RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER .1999. NOV I b P 1: 2 1 (978) '2 NAME: John & Linda Schoonmaker DATE: 11110/99 ADDRESS: 28 Elm Street PETITION #028-99 North Andover, MA 01845 HEARING: 11/9/99 The Board of Appeals held a regular meeting on Tuesday evening, November 9, 1999 upon the application of John & Linda Schoonmaker, 28 Elm Street North Andover, MA. Petitioner is requesting a Variance from the requirements of Section 7, Paragraph 7.3 of Table 2 for relief of side and rear setback for proposed addition of storage space to enlarge an existing family room and proposed addition of a deck and for a Special Permit under Section 9, Paragraph 9.1 & 9.2 in order to enlarge a non -conforming residence. Property is within the R-4 Zoning District. . I The following members were present: William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. Upon a motion made by John Pallone, and 2nd by Scott Karpirski, the Board voted to GRANT a Variance (dimensional relief) from the requirements of Secton 7, P7.3 for a rear setback of 3', and a side setback of 9'on West side of building in order to allow for addition of storage space and to enlarge an existing family room and addition of a deck, and to GRANT a Special Permit under Section 9, P9.1 & 9.2 in order to enlarge a non -conforming. residence. In accordance with the Plan of Land by: Scott L. Giles, R.P.L.S., 1#13972, revision date of 11/3/99. Voting in favor William.J. Sullivan, Walter F. -Soule, John Pallone, Scott Karpinski. VARIAINCE: The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning BylaNv and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. SPECIAL PERMIT The Board finds that the applicant has satisfied the provision of Section 9, paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be more detrimental than the existing non-confcrming structure to the neighborhood. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new,hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after"a two (2) year period tcm the date on which the Special Permit was granted unless substantial use or construction has ccmmenced,�they shall lapse and may be re-established only after notice, and a new hearing. By order of the Zoning Board of Appeals William J. Sullivan, Chairman 80.-UZD 0FA11K'.',LS BUILL)P.,.GS (,S�,-9�-15 CONSERVATION 62X -9f30 f[1L\-LT1! PLANNE',`6 � THOMAS J. URBELIS E-MAIL: tju@ufb.com Mary Leary-Ippolito T'l 00al'd of Appeals Town of North Andover 27 Charles Street North Andover, MA 0 1845 URBELIS, FIELDSTEEL &BAILIN, LLP T AN 09 155 FEDERAL STREET ' "' I 'Andover Office BOSTON, MASSACHUSETTS 0211 0_ 1727 26 Chestnut Street nd ve,,-�MA 01' 810-3600 RD OF AP6'11- -8-475-4552 i�one, 97 Telephone 617-338-2200 Please Send Correspondence Telecopier 617-338-0122 To Boston Address PRIVILEGED ATTORNEY-CLIENT 19A COMMUNICATION 4 August 11, 1999 Re: Schoonmaker application for Variance al 28 Elm Street, North Andover Dear Ms. Leary-Ippolito: You had, on behalf of Mr. Sullivan, requ Specifically you asked whether the requested Sp( paragraph 4 of the North Andover Zoning By -La, Based on the material presented, I have as,, single-family or two-family residences. If this is in - _�,, i6e as it may change my opinion. The presence of two residential buildings on one lot in the R-4 District is a non- conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing structure is non -conforming as it violates set back requirements. The Supreme Judicial Court has set forth the steps the Board must follow in reviewing proposed changes to a non -conforming residential structure. (Goldhirsh vs. McNear, 32 Mass. App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing structure or use does not conform to the requirements of the present by-law. Here, you have done that - the structure violates set back and lot dimension requirements, as well as use requirements. Then, the Board must determine whether the proposed addition or alteration would intensify the existing nonconformities or result in additional ones. Arguably, there would be some intensification of the nonconformities, as the nonconforming side setback will be extended further onto the lot and the rear setback will actually be rendered violative. Since there is some intensification, in order to obtain a special permit, the Schoonmaker's will need to satisfy the Board that the change will not be substantially more detrimental than the s:\wp5 I \work\n-mdove�misc\28e1mzba. doc _',URB'tLIS, FIELDSTEEL & BAILIN, LLP Mary Leary-1ppolito August 11, 1999 Page 2 existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the Town's discretion to allow the proposed construction. The proposal is quite modest and may well have no additional detrimental effect on the neighborhood, but the Board needs to consider whether it wishes to permit a new nonconforming use to be introduced at the rear of the property. You have specifically asked whether the existence of the nonconforming use, that is, two houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4 of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the nonconforming use as well as the nonconforming structure subject the application to the Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be valid as applied to a single or two family residence given the language of the statute, and the ruling in Goldhirs . I would not advise relying on it in considering this application. Please let me know if you have any further questions on this matter. I also note that the plan submitted does not show any driveway or other access to the house for which the permit is requested. The plan should reflect that so that the Board can better review the impact of the proposed work on the area. I Please call if you have any further questions. Very truly yours, Thomas J. Okbelis TJU:Jeh cc: Robert J. Halpin, Town Manager NorthAndover Board of Selectmen , �,,Xo 0 �-Ac us TOWN OF NORTH A Post-ir Fax Note 7671 Date # of 10, 1pages e—�i� e— — z e eei ;4 C&4 Co./Dept. Co Phone # ,,,,one,, 9ZLe ff- L5�11 Fax # 617-30 MASSACHUSETTI S BOARD OF AFFEALS NI -E -M -0 -R -A -N -D -U -M TO: Attorney Thomas Urbelis FROM: Mary Leary-1ppolito _1� / for William J. Sullivan, Chairman, ZBA DATE: 7/27/99 SUBJECT: property at: 28 Elm Street, North Andover, MA Dear Atty. Urbelis, John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal non -conforming residence (see application enclosed). I My question to you is the following: asth-eSchoonmaker's home i&locatedonalot thatisalso shared by another existing home without benefit of any boundary lines then to what extent is the alteration or extension allowed relative to the request for a special permit. I'm referring the Zoning Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the economic, life of the non -conforming longer than a period reasonable for the amortization of the initial investment. Please let me know what your opinion is' 1prior to the August 10, 1999 meeting, thank you. enclosure ,40RT4 Ot �,110 ..q 11 , � (,( - 0 '5 0 MAT— TOWN OF NORTH ANCOVER MASSACHUSETTS BOARD OF AFFEALS M -E -M -0 -R -A -N -D -U -M TO: Attorney Thomas- Urbelis FROM: Mary Leary-1ppolito for William J. SullivaO� Chairman, ZBA DATE: 7/27/99 SUBJECT: property at: 28 Elm Street, North Andover, MA Dear Atty. Urbelis, John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal non -conforming residence (see application 'enclosed). My question to you is the following: as the Schoonmaker's home is located on a lot that is also shared by another existing home without benefit of any boundary lines then to what extent is the alteration or extension allowed relative to the request for a special permit. I'm referring the Zoning Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the economic life of the non -conforming longer than a period reasonable for the amortization of the initial investment. Please let me know what your opinion is'� prior to the August 10, 1999 meeting, thank you. enclosure 4 0 R T).j -IA, 0 0 3-ACHUS TOWN OF NORTH ANCCVE:R MASSACHUSET-1 S BOARD CF AFFEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day of August 1999, at 7:30 PM to all parties interested in the appeal of John & Linda Schoonmaker, 28 Elm Street, North Andover requesting a Variance from the requirements of Section 7, P7.3 of Table 2 for a side and rear setback for a proposed addition of storage space, and proposed addition to enlarge an existing family room and proposed addition of a deck, and for a Special Permit under Section 9, P9. 1, & 9.2 in order to enlarge 2 non -conforming residence. Said premises affected is property with frontage on the North side of Elm Street which is in the R-4 Zoning District. Plans are available for review at the Office of the Building Dept., 27 Charles Street, North Andover, Monday through Thursday, from the hours of 9:AM to 1:PM, By Order of 'the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 7/27/99 & 8/3/99. M c� Ln �- 2 g g g. Ep r -U 0 05 D L:� 5 Q,, -u � -0 z -. (0 2 , 3 E: 9 i Z M M . g�'z 6.�' �'I" 2 � L L'::E a) tj -0 Z =1 4 _. 2 ZZ 03: = R '> E3 (D W 0 a F. " - 0 "n 1, --1 C'L � -2 00 (n > C- - - Ei , .-* 0 (D C: (D Z- 0 -- > Q I D .3 3 � = .0 �' In C 0 S CD CL. M ap _S� 3' Oo-a::rn= > (D (0 (D L7 =-, < 'z' 9 I'D 'r ' >Z z 17 , :, (D 0 :3 (D - � ;j 0 -0 0 Er (D 0 � > C a C) 3 < aw'a X,Wr C ZI (D -< > R' -. -j V) C) 'i M < 4 3 L a� > CT 0 I.M0 W n CL < a = R. 8 CL W 0 (D :7 CIO CD 3 (D (D = ID Cn 0 _X CD a. L.- M> I M a C: n N Cj)(Wc a Z - 0-_0 W CD CL M 0 0 0 fo 1 0 :r 0 CD 'n IL 0 :" 0 r (n 1 @-0 CD a) 0 a- -CL to (D 03 a CS F'* ja 7' 3 9 co jo&(D� PY Received by Town Clerk: NORTH ANI)OVER TO'WiN OF NrORTH ANDOVER. -),L,1SS.AC n=ETTSJUL 1124 AM 'JJ B 0 A -R -D 0 F 410 P EA -L S A-PPLIC,-kTION FOR REELIEF FROM THE -ZONIMN, G ORD CE I L ppl can,_I�a :6 L rJa S4koollrU T,f 1. N o. 7 b) 0 - -7 -7 It f? 1. Applicam lshe-eby=62: a) For a ,�rNct� j5:om, the requLirernencs of Section 7 Para2rach 73, d Tabte-,:2 of the ZorLUIL7 BvIaws. b) For a Scecial Pc-,-Iu'i ui-,de- Sect:ori -parLh-1TaPhJ,/,/ of the Zoruing Bylaws C) S a Part,,- A,.z,-'eved. 'for r.-v'e%v o'a d-c's'on m -de bv the BuildL'IlL, Ins--eccor or othe- auiho cilli. 2 a) Pc.-mliscs a�ffec(,-d afe land X and bu�dLini-,(s) numbered 'F i�//%? b) P-Lemlises a5ected aica proper-ty with f�ontage on the North (X) South East West side of C -//Il S I re Z - C) P7.-7111'sts affiected arc 'Ln Zoruirig Dismict /?- '/ . �,-nd pr=.,js.-s affece,� have an area of 7 square fee, and f�onca�-,t ot- t Ov, �ersl, C. a) Niame and addrcss of owne:- (ifjoimt ovvne-,s.`iip. give aLl narl-es): J-0 X n - Z ) "I At A 2 �-,6'11�7 55Y, /Vor// P117010", -f Datc o f Purchase 7LJ //7 z -Pr.-,,'Io us 0-�vner ur'�le c, t,' -,-'�le b) 1. If applicant is not owl -ler. check hisiher 'Miteres-L LT1 6-1 CA4rle-5 01-9 Pros-Decti-ye Purchase-, L�zssl-t Other 2. L. -,-Le.- of authorization for Val-lanct/Spe-cial Pe=it �c-�quLrcc A//)� :` of's 4. Site of proposed building: f Tont: X 3 fe--t de --p; HeIRlit stories: /0/ fe -- t. a) ApproX' =Itc date of erection �140q 0 ill li-I loe- r'- 1 I b) Occ-upa-nicy or use of each floor: ge'5 c 1) Type oCconstruction J'/O �'r"- J'4'� Has there be:�,-, a previous appeal, under zo g., on these pr,-I11--1"E,-s'. 0 Wh 6. D e s c 7,ip i io n ol" r,- de f s o u ght o n t 1-� s p e t it 10 0 -,(),Oe -r 7 "4 L?e rri;l e, 0, le -41-v viirlqrg,�,-e� 7c -o m 7. Detd recorded *Ln the Registr-v of De -.ds in Book 3Y-16 No.—Page- ;?e- F? Land Cour-, Ce:-,ijicate No. —Book--Pa-e— The principai poL'PI(s upon wiiich I base my apokcaLlon are as t'011ows: (nnu�( lue szaced 'in detail) agrce to pay the ddrig fe,-. advertising in newspaper. and M'ciderital ex-oeiLzes* S 1 gnature o f P c, it lo ner (s, 6 oCS The principal points upon which I base my application are as follows: This application is submitted due to hardship. We are a growing family living in a small house. The modest addition we propose will give us much needed storage and a family room large enough for us to utilize. We have worked hard over the past seven years renovating this home. We want to continue to live in the house and the community and are therefore submitting this application to slightly increase the storage and living space while maintaining the scale of the house and grounds. The proposed use is in harmony with the general purpose and intent of the by-law. A literal enforcement of the by-law would involve substantial hardship to the petitioner and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-law. Work Sheet Description of Variance Requested Zoning District R-4 Required Setback Existing Setback Relief Requested Or Area or Area Lot Dimension 12,500ft 8,722ft /Z' �,778 Area Street Frontage I 00ft 48.8ft ('--�51.20 pot Dj � � Front Setback(s) 30ft 95+ -0- Side Setback(s) West 15ft 60ft East 15ft 19.Oft -0- Rear Setback(s) 30ft 27ft 3ft Special Permit Request: Applicant requests a special permit in order to enlarge a legal non-confon-ning residence. Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERITY: list by map, parcel, name and address (FLEA,SE PRINT CLEARLY, USE BLACK INK) OWN OF NORTH ANDOVER Zoning Board of Appeals 27 Charles Street North Andover. P,4� 07Ms IVAP PAR C N11"IME A ,nDDRESS 13owe - tueme-f k omeik -R F L3 o vve- -i K 7- A/L 3 CTM —ft ABUTTLERS PIROFE,:� -1Y. lis" by map, parc.e!, name and address (PLEASE PRINT CLEARLY, USE SLACK INK) i'VIAP I PARCEL NAME A D 0 R E-S)S 13owe - tueme-f k omeik -R F L3 o vve- -i K 7- A/L 3 CTM —ft st&ve ri 5 fvx4L4,j i -c I H Io -Ane- 5-leven 54 rA )M C f;ye, 6vu/e HE ASSE�SOR'S OFF4. E Y '. \4 L PAAL,, � t-0 Q r1J.4'4 DATE. SFNATURE, ASSCJOR�-1 �VNOF NORTH ANDOVER Required list of parties of interest Page one k - of LM ST. Aff = 1ft existing wall to be removed 28 Etm StAeet Second FtooiL THOMAS J. URBELIS E-MAIL: tju@ufb.com Mary Leary-1ppolito -Duaid of'Appeals Town of North Andover 27 Charles Street North Andover, MA 0 1845 W F,4' URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET W9And'over O'ffice BOSTON, MASSACHUSETTS 02110-1727 jv� 26 Chestnut Street dover,-�4A 01810-3600 i�one 978-475-4552 RD OF AF� Telephone 617-338-2200 Telecopier 617-338-0122 PRIVILEGED ATTORNEY-CLIENT COMMUNICATION August 11, 1999 Re: Schoonmaker application for Variance and Special Permit 28 Elm Street, North Andover Dear Ms. Leary-lppolito: Please Send Correspondence To Boston Address You had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter. Specifically you asked whether the requested Special Permit was prohibited by section 9.2, paragraph 4 of the North Andover Zoning By -Law. Based on the material presented, I have assumed that both of the houses on the lot are single-family or two-family residences. If this is not correct, please advise as it may change my opinion. The presence of two residential buildings on one lot in the R-4 District is a non- conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing structure is non-conforining as it violates set back requirements. The Supreme Judicial Court has set forth the steps the Board must follow in reviewing proposed changes to a non -conforming residential structure. (Goldhirsh vs. McNear, 32 Mass. App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing structure or use does not conform to the requirements of the present by-law. Here, you have done that - the structure violates set back and lot dimension requirements, as well as use requirements. Then, the Board must determine whether the proposed addition or alteration would intensify the existing nonconforinities or result in additional ones. Arguably, there would be some intensification of the nonconfonnities, as the nonconforming side setback will be extended further onto the lot and the rear setback will actually be rendered violative. Since there is some intensification, in order to obtain a special permit, the Schoonmaker's will need to satisfy the Board that the change will not be substantially more detrimental than the s: \wp5 I \work\n-andove\mi sc\2 8e]mzba. doe i UKBELIN, t FIELD�TEEL & BAILIN, LLP Mary Leary-1ppolito August 11, 1999 Page 2 existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the Town's discretion to allow the proposed construction. The proposal is quite modest and may well have no additional detrimental effect on the neighborhood, but the Board needs to consider whether it wishes to pennit a new nonconforming use to be introduced at the rear of the property. You have specifically asked whether the existence of the nonconforming use, that is, two houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4 of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the nonconforming use as well as the nonconforming structure subject the application to the Goldhirsh ruling, as noted above. In the context of this case, I do not believe that the provision of the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be valid as applied to a single or two family residence given the language of the statute, and the ruling in Goldhirsh. I would not advise relying on it in considering this application. Please let me know if you have any further questions on this matter. I also note that the plan submitted does not show any driveway or other access to the house for which the permit is requested. The plan should reflect that so that the Board can better review the impact of the proposed work on the area. Please call if you have any further questions. Very truly yours, TJUJeh Thomas J. Okbelis cc: Robert J. Halpin, Town Manager North Andover Board of Selectme.-n- Ln L-, I -P I- Lp M hma, �c Oo V% Ln -7 ,- N) in � -0�O 04 V2 0 M C) 4 kr) 'IT 00 rd a AUG 05 '99 12:29PM URBELIS FIELDSTEEL BAILIN LLP P.2 ' ---k4 URBELIS) FMLDSTEEL & 13AMN, LLP ELiAUS 5 19% 155 FEDERAL STREET Andover Office BOSTON, MASSACHUSETTS 02110-1727 , L -61810-3600 60—"v.Rb 0 AndovcLMA � _ w,,J F WePh�Ot 9?8-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 August 5, 1999 YtA-FK1Jm& Mary Leary-1ppolito Zoning Board of Appeals 27 Charles Street North Andover, MA 0 1845 Re: 28 Elm Street, North Andover, MA Dear Mary: Ploase Send ConcQondence To Boston Address C/ Mr. Urbelis called while he was on vacation. While he just received today the Package which you sent to him on July 27, he asked if you would please continue this matter from the August 10th meeting to the next scheduled meeting date. Thank you. d=m=r4 Very truly yours, Julie E. Hanscom, Secretary to Thomas T Urbelis I kORTH 0 0 Is -TACHU TOWN OF NOR Post-ir Fax Note 7671 Date 1P # of 10. 1pages 0-7t,� To ra& e-- See�elr.41-1 From Co./Dept. X 4rlv, &xez Co. 13 13,49 Phone # Phone if 97j) fjv, �,:Wl Fax#6/;7_3.).p _dl,7 _F Z Fax # MASSACHUSETTS BOARD OF AFFEALSS M -E-M-0-R-A-N-D-U-M TO: Attorney Thomas Urbelis FROM: Mary Leary-1ppolito -1� / for William J. Sullivan, Chairman, ZBA DATE: 7/27/99 SUBJECT: property at: 28 Elm Street, North Andover, MA Dear Atty. Urbelis, John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal non -conforming residence (see application enclosed). My question to you is the following: as the Schoonmaker's home is located on a lot that is also shared by another existing home without benefit of any boundary lines then to what extent is the alteration or extension allowed relative to the request for a special permit. I'm referring the Zoning Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the economic life of the non -conforming longer than a period reasonable for the amortization of the initial investment. Please let me know what your opinion it' 'prior to the August 10, 1999 meeting, thank you. enclosure 0 0 ,7A C H TOWN OF NORTH ANCOVER MASSACHUSETT S BOARD OF AFFEALS" M -E -M -0 -R -A -N -D -U -M TO: Attorney Thomas Urbelis FROM: Mary Leary-1ppolito -1� for William J. Sullivan, Chairman, ZBA DATE: 7/27/99 SUBJECT: property at: 28 Elm Street, North Andover, MA Dear Atty. Urbelis, John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal non -conforming residence (see applicat�ion enclosed). My question to you is the following: as the Schoonmaker's home is located on a lot that is also shared by another existing home without benefit of any boundary lines then to what extent is the alteration or extension allowed relabve to the request for a special permit. I'm referring the Zoning Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the economic life of the non -conforming longer than a period reasonable for the amortization of the initial investment. Please let me know what your opinion is,%prior to the August 10, 1999 meeting, thank you. enclosure Post -it' Fax Note TO Co./Dept. Phone # r X # 9 72- 2f,1,, 7671 Date # of pages From Co. 2a � Phone # ,,A jrax,, t�) 17f/ 1,AP, hO RTk NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEAL-', 27 CHARLES STREET NORTH A�NDOVER, NLASSACHUSET-1 S 0 1845 ,FA'X (97 683-954" Date: —1-0/a/1 I . TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: STREET �4 TOWN: NAME OF PETITIONER. JU? Signed: petititner (or petitioner's representative) 10.4 Variance and Appeals .-- � The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise,to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw, MI/variance D�"'.GS 6SS-95-15 CONS E? V.-kT-�ON 6)2X-9'30 H—E.A PLANFNIING 6S.S-9535 OF �211E.A_L'S 630- 1 8U.- Cr .1� %% NOL\ IL NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALb 27 CHARLES S —1R.EET NORTH ANDOVER, MASSACHUSETTS 0 1 84� FAX (978) 688-9542— Date: ILI TO: Town of North Andover Zoning Board of Appeals 613 -7 7V 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 An Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a SPECIAL PERMIT for property located at: STREET: TOWN: NAME OF PETITIONER: Signed: ATTACHMENT ml/variance (or petitioner's representative) BOA=OFA-PPEALS683-9541 2UILDINCS6SS-9545 CONSERVATION 68S-9530 HEALTH63�9-9540 PLA-N-NI-NG6SS-9535 q0 Section 9 Special Permits The Zoning Act 12-96, Mass. General Laws Chapter 40A Each application for a spedal permit shall be filed by the petitioner with the city or town clerk and a copy of said application, including the date and time of filing certified by the city or town clerk, shall be filed forthwith by the petitioner with the special permit granting authority. The special permit granting authority shall hold a public.hearing, for which notice has been given as provided in section eleven, on any application for a special permit within sixty-five days from the date of filing of such application; provided, however, that a city council having more than five members appoint a committee of such council to hold the public hearing. The decision of the special permit -granting authority shall be made within ninety days following the date of such public hearing. The required time limits for a public hearing and said action, may be extended by written agreement between the petitioner and the special permit -granting authorily. A copy of such agreement shall be filed in the office of the city or town clerk. A special permit issued by a special permit granting authority shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five member board, and a unanimous vote of a three member board. mi/spermit 0 41999 CT October 04, 1999 To: North Andover Zoning Board From: John and Linda Schoonmaker Re: Variance request at 28 Elm Street Please be advised that we are unable to provide an elevation drawing for the next zoning board meeting. This expense was unexpected and we are trying to determine a way to fulfill your request cost effectively. Our plans to rebuild our family room were based on a very restricted budget and this additional expense is a hardship. We are requesting an extension to determine how we can meet your requirements. Sincerely, o �and La"Sc-h0o=7ak:L----- THOMAS J. URBELIS E-MAIL: tju@ufb.com Mary Leary-Ippolito Boaid of Appeals Town of North Andover 27 Charles Street North Andover, MA 0 1845 URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET AN 1%9A.d�over Office BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street .,t dove,,�IA 6810-3600 k'ARD OF Affl hone 9, 8-475-4552 p - Telephone 617-338-2200 Please Send Correspondence Telecopier 617-338-0122 To Boston Address PRIVILEGED ATTORNEY-CLIENT 16A jA COMMUNICATION August 11, 1999 Re: Schoonmaker application for Variance and Special Pen -nit 28 Elm Street, North Andover Dear Ms. Leary-Ippolito: You -had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter. Specifically you asked whether the requested Special Permit was prohibited by section 9.2, paragraph 4 of the North Andover Zoning By -Law. Based on the material presented, I have assumed that both of the houses on the lot are single-family or two-family residences. If this is not correct, please advise as it may change my opinion. The presence of two residential buildings on one lot in the R-4 District is a non- conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing structure is non -conforming as it violates set back requirements. The Supreme Judicial Court has set forth the steps the Board must follow in reviewing proposed changes to a non -conforming residential structure. Goldhirsh vs. McNear, 32 Mass. App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing structure or use does not conform to the requirements of the present by-law. Here, you have done that - the structure violates set back and lot dimension requirements, as well as use requirements. Then, the Board must determine whether the proposed addition or alteration would intensify the existing nonconformities or result in additional ones. Arguably, there would be some intensification of the nonconformities, as the nonconforming side setback will be extended further onto the lot and the rear setback will actually be rendered violative. Since there is some intensification, in order to obtain a special permit, the Schoonmaker's will need to satisfy the Board that the change will not be substantially more detrimental than the s:\wp5 1\�ork�n-andoveVnisc\28elmzba. doc � I t . . ,URBELIS, FIELDSTEEL & BAILIN, LLP Mary Leary-Ippolito August 11, 1999 Page 2 existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the Town's discretion to allow the proposed construction. The proposal is quite modest and may well have no additional detrimental effect on the neighborhood, but the Board needs to consider whether it wishes to permit a new nonconforming use to be introduced at the rear of the property. You have specifically asked whether the existence of the nonconforming use, that is, two houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4 of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the nonconforming use as well as the nonconforming structure subject the application to the Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be valid as applied to a single or two family residence given the language of the statute, and the ruling in Goldhirs . I would not advise relying on it in considering this application. Please let me know if you have any further questions on this matter. I also note that the plan submitted does not show any driveway or other access to the house for which the permit is requested. The plan should reflect that so that the Board can better review the impact of the proposed work on the area. Please call if you have any further questions. TJ_UJeh cc: Robert J. Halpin, Town Manager North Andover Board of Selectrnen Very truly yours, Thomas J. Okbelis OCT 41999 October 04, 1999 To: North Andover Zoning Board From: John and Linda Schoonmaker Re: Variance request at 28 Elm Street Please be advised that we are unable to provide an elevation drawing for the next zoning board meeting. This expense was unexpected and we are trying to determine a way to fulfill your request cost effectively. Our plans to rebuild our family room were based on a very restricted budget and this additional expense is a hardship. We are requesting an extension to determine how we can meet your requirements. Sincerely, o hn and Linda Schoo3�`nmaker and L URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET 1%9A.d�over Office BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street rndov,�4A 01810-3600 R�one 91.8-475-4552 OF AP6 THoMAS J. URBELIS Telephone 617-338-2200 Please Send Correspondence E-MAIL: tju@ufb.com Telecopier 617-338-0122 To Boston Address PRIVILEGED ATTORNEY-CLIENT COMMUNICATION August 11, 1999 Mary Leary-1ppolito Buajicd of Appeals Town of North Andover 27 Charles Street North Andover, MA 0 1845 Re: Schoorunaker application for Variance and Special Permit 28 Elm Street, North Andover Dear Ms. Leary-Ippolito: You -had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter. Specifically you asked whether the requested Special Permit was prohibited by section 9.2, paragraph 4 of the North Andover Zoning By -Law. Based on the material presented, I have assumed that both of the houses on the lot are single-family or two-family residences. If this is not correct, please advise as it may change my opinion. The presence of two residential buildings on one lot in the R-4 District is a non- conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing structure is non -conforming as it violates set back requirements. The Supreme Judicial Court has set forth the steps the Board must follow in reviewing proposed changes to a non -conforming residential structure. Goldhirsh vs. McNear, 32 Mass. App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing structure or use does not conform to the requirements of the present by-law. Here, you have done that - the structure violates set back and lot dimension requirements, as well as use requirements. Then, the Board must determine whether the proposed addition or alteration would intensify the existing nonconformities or result in additional ones. Arguably, there would be some intensification of the nonconformities, as the nonconfon-ning side setback will be extended further onto the lot and the rear setback will actually be rendered violative. Since there is some intensification, in order to obtain a special permit, the Schoonmaker's will need to satisfy the Board that the change will not be substantially more detrimental than the s:\wp5 I \work\n-andove\rnisc\28elmzba.doc URBELIS, FIELDSTEEL & BAILIN, LLP Mary Leary-1ppolito August 11, 1999 Page 2 existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the Town's discretion to allow the proposed construction. The proposal is quite modest and may well have no additional detrimental effect on the neighborhood, but the Board needs to consider whether it wishes to permit a new nonconforming use to be introduced at the rear of the property. You have specifically asked whether the existence of the nonconforming use, that is, two houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4 of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the nonconforming use as well as the nonconforming structure subject the application to the Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be valid as applied to a single or two family residence given the language of the statute, and the ruling in Goldhirs . I would not advise relying on it in considering this application. Please let me know if you have any further questions on this matter. I also note that the plan submitted does not show any driveway or other access to the house for which the permit is requested. The plan should reflect that so that the Board can better review the impact of the proposed work on the area. Please call if you have any further questions. Very truly yours, Thomas J. Obelis TJTJ.j eh cc: Robert J. Halpin, Town Manager NorthAndover Board of Select -men URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET AN 1%9Andover Office BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street verjMAO]810-3600 "ARD OF ANI'i�()­118-475-4552 THOMAS J. URBELIS Telephone 617-338-2200 Please Send Correspondence E-MAIL: tju@ufb.com Telecopier 617-338-0122 To Boston Address PRIVILEGED ATTORNEY-CLIENT 19A COMMUNICATION . Jij� 4 August 11, 1999 Mary Leary-Ippolito Board oi'Appeals Town of North Andover 27 Charles Street North Andover, MA 0 1845 Re: Schooninaker application for Variance and Special Permit 28 Elm Street, North Andover Dear Ms. Leary-Ippolito: You had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter. Specifically you asked whether the requested Special Permit was prohibited by section 9.2, paragraph 4 of the North Andover Zoning By -Law. Based on the material presented, I have assumed that both of the houses on the lot are single-family or two-family residences. If this is not correct, please advise as it may change my opinion. The presence of two residential buildings on one lot in the R-4 District is a non- conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing structure is non-confonning as it violates set back requirements. The Supreme Judicial Court has set forth the steps the Board must follow in reviewing proposed changes to a non -conforming residential structure. Goldhirsh vs. McNear, 32 Mass. App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing structure or use does not conform to the requirements of the present by-law. Here, you have done that - the structure violates set back and lot dimension requirements, as well as use requirements. Then, the Board must determine whether the proposed addition or alteration would intensify the existing nonconformities or result in additional ones. Arguably, there would be some intensification of the nonconformities, as the nonconforming side setback will be extended further onto the lot and the rear setback will actually be rendered violative. Since there is some intensification, in order to obtain a special permit, the Schooninaker's will need to satisfy the Board that the change will not be substantially more detrimental than the s:\wp5 I \work\n-andove\tnisc\28el=ba.doc I U BEL18, FIELDSTEEL & BAILIN, LLP �F� Mary Leary-Ippolito August 11, 1999 Page 2 existing nonconfonning structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the Town's discretion to allow the proposed construction. The proposal is quite modest and may well have no additional detrimental effect on the neighborhood, but the Board needs to consider whether it wishes to permit a new nonconforming use to be introduced at the rear of the property. You have specifically asked whether the existence of the nonconforming use, that is, two houses on one lot, prohibits the grant of a special pen -nit based on the language of §9.2, para. 4 of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the nonconforming use as well as the nonconforming structure subject the application to the Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be valid as applied to a single or two family residence given the language of the statute, and the ruling in Goldhirsh. I would not advise relying on it in considering this application. Please let me know if you have any further questions on this matter. I also note that the plan submitted does not show any driveway or other access to the house for which the permit is requested. The plan should reflect that so that the Board can better review the impact of the proposed work on the area. i Please call if you have any further questions. Very truly yours, Thomas J. Okbelis TJUJeh cc: Robert J. Halpin, Town Manager North Andover Board of Select-ril-en LLIAM J. SCOTT ,Director (978) 688-9531 TO: FAX Number: FIRIOM: DATE. - SUBJECT Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 0 1845 FAX TransmisSion J)on x, IF 1% I=Wozzom Town of Porffi Andover Zoning Board of Appeals FAX: 978-688-9542 PHONE: 978-688-0,541 Total number of pages: L� 4, TH 0 0 Fax (973) 633-c)_542 �0 REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is your responsibility to do so as -soon -as -possible In order to meet the required deadline. Failure to place the legal notice in the paper within the required deadline will mean 'that you will not be able to be placed on the ZEA agenda for the upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000, ext. #412, should you require further assistance. Ml/fax y _130.-�RTJ OF 632 -5f -'i HaL::Nc 63li-IIIJ-15 CCNS71,,VAT7CNt 6032-9f]�,') ALT:i 523-95-11) PLAi""N!,,�U LM ST. 1/411 = 1ft existing wall to be removed 28 Etm St,,Leet Second Hoot —1