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Building Permit #Exception - 90 MIDDLESEX STREET 5/1/2018
` Received by Town Clerk: RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER - - OCT I q 3 o3 PM 18 TOWN OF NORTH ANDOVER, „ MASSACIIUSETTS BOARD OF APPEALS - qel :0 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant--John J,__ eat & Patricia M. _LeahAddress 90 Middlesex St . , North Andover , 1 . Application is hereby made: Tel# 687-2682 794-1120 a ) For a variance from the requirements 'of Section 7 Paragraph '7, �3 and Table .9, of the Zoning By Laws . b) For a Special Permit under Section . Paragraph of the Zoning By Laws . - —` cC As a Party Aggrieved, for review .of a decision made by the Building Inspector or other authority. 2 . a ) Premises affected are land x_ -and building(s ) x _numbered 90 Middlesex Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street , and known as No. 7 c ) Premises affected are in Zoning District R-4 , and the premises affected have an area of 11 , 875 _square feet and frontage of _f eet 3 . Ownership a ) Name and address of owner (,if joint ownership, give all names ) : Lohn_7.,_&_Patricia M` Leahy____ _____ Date of Purchase August 1978 ___Previous Owner Edith Massey b) If applicant is not owner , check his/her interest in the premises : _Prospective Purchaser Lesee Other (explain) 44 Size of proposed building:' ____ front; feet deep; ” Sleight stories ; feet . a ) Approximate date of erection: tb) Occupancy or use of each floor : c ) Type of construction: 5 . Size of existing building: 25feet front ;_15 feet deep; Height 22 stories; 25 feet . a } Approximate date of erection:` $�____� - b) Occupancy or use of each floor : Residential c ) Type of cons t r uc t i on: Wed `________` _ 6. Has there been a previous appeal , under zoning, on these premises? no I£ so, when? 1 l variance of the %' Description of relief sought on this petition � ' tback requirements for addition to home and 'garac '. ._.,. Deed recorded in the Registry of _ Doeds in Book Page Land . (Court Certificate No. 8Q45 Book 54 page 185 •' he principal points upon which I base ,my application are as follows . must be stated in detail ) This variance will not have a detrimental effect ori^ the neighborhood and denial of the variance will -cause petitioners be suffer severe economical hardship. agree to pay the filing fee., advertising in newspaper , and incidental • ' xpen s e f Pet oer s eery application forZgnatu on by the Board shall be made on a form approved (. the Board . Thee forms shall be furnished by the Clerk upon request . ' . ' iy communication purporting to be an application shall be treated as mere )tice of* intention to seek relief until such time -as it 'is . made on the ' :ficial application form . Alt information •called ,for by the form shall furnished by the applicant in the .mannertlierein.;:prescribed . • %; fiery-application shall be submitted with a list of '•"Parties In Interest" . rich list shall ' include .the petitioner , . abutters , owners of land directly )posite on any public . or private street or way, and abutters to the )utters ,,within ' three hundred feet ( 300 '. ) of Elie property line of the ' !titioner' as they appear . on the most recent applicable tax list, )twitlhstanding that the land of any such owner is located in another city ,.'•.;.;: town, the Planning Board . of the city or town, . and the Planning Board of- :;��'�: ►ery. abutting city or town . ;very application shall be submitted with an application charge cost in ke amount' of $25 . 00. In addition, the petitioner shall be responsible )r any and all costs involved in bringing the. petition before the Board . ich- costs shall include inai.lin9 and publication, but are not necessaril P Y;� .. •�� , .mi ted to these . 'ery application shalt be submitted with a plan of land approved by the iard .- No petition will be brought before the Board unless said plan has !en submitted . Copies of the Board ' s requirements regarding plans are .tached ' hereto or are available from the Board of Appeals upon request .' LIST OF PARTIES IN INTEREST Name Address S.EE ATTACHED LIST .OF PARTIES QF INTEREST ' !f.",v (use additional sheets if '• necessary) LIST OF PARTIES OF INTEREST MAP # PARCEL # NAME ADDRESS 20 26 Thomas H. Wilkinson & Ruth A.W. Johnson 98 Middlesex Street 20 24 Julius R. & Mary E. Pierog 104 Middlesex Street 5 it it If 20 32 R. Kevin & Eleanora Romano 26 Silsbee Street 20 33 Nelson & Alice Riley 36 Silsbee Street 20 4 Albert A. & Catherine M. Goebel 116 Lyman Road 20 62 Philip J. & Barbara L. Coffey 32 Silsbee Street 20 65 Michael J. & Jackl n A. McVeigh 109 Lyman Road 31 -3-3 Thomas & Marilyn C. Licciardello 9 Middlesex Street 31 44 Kevin C. Donovan 55 Pilgrim Street 31 49 Stephen Taney & Cecilia Feeney-Taney 125 Lyman Road 31 50 John R. & Lillian S. Winning 117 Lyman Road John and Patricia Leahy of 90 Middlesex Street seek a variance of section Seven paragraph 7 . 3 of the Zoning By-Laws of the Town of North Andover. Mr. and Mrs. Leahy reside at 90 Middlesex Street and have since 1978 . This home is located in a well established neighborhood comprised mostly of single family homes on quarter acres lots. In 1987 the Leahy's realized that the home was too small to accommodate their family but also that larger homes were too expensive. They therefore decided to enlarge their existing home by building an addition. Mr. Leahy applied for and received a building Permit for construction of the addition. A copy of that is included herewith. Construction was begun in September of 1987 and completed in February 1988 . An occupancy permit was also applied for and received and a copy of it is also included herewith. When the time came to convert the construction loan to a standard mortgage the bank ordered a plot plan. It was only then that it was discovered that the addition had been built in violation of the setback requirements of the Town By-Laws. Mr. Leahy has been informed that without a variance the Bank will not grant him a standard home mortgage. The Leahy' s request that they be granted a variance to correct what obviously is a case of human error. A denial of this variance and a literal enforcement of the By-Law would cause substantial financial hardship to the Leahy' s. Furthermore the relief requested can be granted without substantial detriment to the public good or derogation from the intent of the By-Laws. Mr. and Mrs. Leahy have the support of their neighbors in this request who see this addition as positive for the area. In fact this addition adds to the property value of this lot as so also to the neighboring lots. The Leahy' s also request that they be allowed to expand their garage from one stall to two. Again this , request has the support of their neighbors and would add to the property values in the area. �R MORTGAGE �QQ INSPECTION CYR ENGINEERING SERVICES, INC. c 234 ESSEX STREET LAWRENCE, MASSACHUSETTS �f MORTGAGOR: L EA H`/ ADDRESS OF PRINCIPLE BUILDING V 9D /GGLESEX .s LOT 20 3\ <7 DEED REFERENCE: BK. PG. 1B� PLAN REFERENCE: 1458/.3 Fi \2 DATE OF INSPECTION: 2 NOTE: This Mortgage inspection was prepared spe- cifically for mortgage purposes and is not to be (Z'Z, relied upon as a survey.Cyr Engineering Services, o�� \ Inc.accepts no responsibility for damages result- ing from said reliance by anyone other than the Sx 0 <� �� �'o ��- said mortgagee and its assigns in connection with its proposed mortgage financing to said mortgagor. CERTIFICATION TO: //'� �i�y'5Ati/K MEPP/M4C� /4/- S� This Mortgage inspection was prepared in accordance with the Technical Standards for Mortgage Loan Inspections as adopted by the Massachusetts Associa- O �/ /.. tion of Land Surveyors and Civil Engineers,Inc. GOT 12 ✓�10�� Lo \ ` 1 FURTHER STATE THAT IN MY PROFESSIONAL 3�.o P JO wtx or r�i OPINION the principlg structure/y and accessory �A 5 L` outbuildings, 5'EF_ NO T� with the setback requirements of the local zoning or- dinances,and that there are no encroachments of 33495„�1 major improvements either way across property lines ��ti FE roe except as shown. sus GoT // hhr/ ALSO: /✓OTE 20'��TPEET SET WC< ■ t•Property is not in a Flood Hazard Area. ❑ 2.Property is in a Flood Hazard Area. ❑ 3.Information is insufficient to determine Flood --,TEE ATTACHED #B. Hazard. scale: /n = 20 Daze of Plan; Food Hazard determined from latest Federal BEV/SED 3�/oI Flood Insurance Rate Map. own o - n over No. 3 �� 7 _ n er, Mass., 19 O L A K E 'QA COC MI CMEWICK oR � `SS BOARD OF HEALTH PER IT 0 ..rte w THIS CERTIFIES THAT•:...' ... © ..4; fv .. ... .. ..��.. .. ... .a .. .. ............ ..... UIL�ING INSPECTOR .. buildings on O �u N v 106— haspermission to erec ... •.. . ............ ... ... Rou h himney' to be occupied as.. .. ••• •• •••• ••• •• ••• Final provided that the person accepting this permit shall in every respect conform to the.terms of the application on file in PLUMBININSPECTOR this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Rough` ! Buildings in the Town of North Andover. Final VIOLATION of the Zoning or Building Regulations Voids this Permit. ELECT1CALINSPECTOR. .. PERMIT EXPIRES IMONTHS Rough �® UNLESS CONSXj ONgot T Service Final ................................ .... . . BUILDING INSP .• R GAS INSPECTOR Rough Occupancy Permit Required to Occupy Building FinaVr'�/ ,{ Display in a Conspicuous Place on the Premises �� " �� ��A FIRE'DEPT. DoN,ot Remove Burner No Lathing to Be Done Until Inspected and Approved by Smok Det. Building Inspector �, I f' CERTIFICATE OF USE & OCCUPANCY Town of North Andover Building.Permit Number 3A 3 119— Date F p hh iinh is 94, 19 k k THIS CERTIFIES THAT THE BUILDING LOCATED ON 90 MIDDLESEX STREET MAY BE OCCUPIED AS EAMI L V ROOM, BEDROOM, BATHRM IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND-SUCH OTHER REGULATIONS AS MAY APPLY. NpRTq Of 4 .o ,ti0 CERTIFICATE ISSUED TO Jahn Leaht/ ADDRESS 9 ddee�sex 5 ., Nanth Andavelc A Building Inspector