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HomeMy WebLinkAboutMiscellaneous - 0 Appleton StreetCD 3 J S. � � �' --- �� � a � -�.. o � Lam. �.A' _ C�i .^..' ..;5< < M� �,�n��� �. - � -. - �a��. .,� Ri:�h, p.y.. .. ... �. .� i�e�`� v .. ..,,. rsm..� ' 40RTki NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSAC 7USETTS 01345 FAX (978) 688-9542 Date: 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: 6P ° V -(Zl7 TOWN: C� ►� 1��� �1� NAME OF PETITIONER. tom 6�A,�J Signed: QAku ner (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 BO' �ZDOF .-',PPEALS 638-9511 BLiLDINGS 6S&95-15 CONSERVATION 683-9530 HE ALTH 683-95-40 PLA NTNG 6SS-9_'•35 , —1 NORTN Otis`" p•1�'O p 0 9 ss �CHuye NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACI-RJSETTS 01845 FAX (978) 688-9542 TO ALL CONCERNED PARTIES, PLEASE BE ADVISED OF THE FOLLOWING RESCHEDULED MEETINGS OF THE ZONING BOARD OF APPEALS, The North Andover Zoning Board of Appeals has rescheduled the continued public hearing portion of their June 8, 1999 meeting to the following date: Tuesday, June 15, 1999, relative to the following continued petitions: Bank Boston, Frank DiNuccio, Daniel J. Murphy, Estate of Margaret Simon, & MPG Realty Trust. Location of the meeting: North Andover Senior Center, 120R Main Street. Time of the meeting: 7:30 PM. By order of the Chairman of the Zoning Board of Appeals, William J. Sullivan ml/citizen BO:li2D OF .-;YPE:.ALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HE.4J.TH 688.9540 PLANNI`'U 68V)53 � ii t HORT4 —1 i 1�?O 4"ao '.^f, ti\ ` f � 9 �S��cuusek NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORT-H ANDOVER, MASSAC : '=—i S 0134 FAX (978) 683-954 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 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of the Estate of Margaret Simon, Appleton Street, Lot A & B (c/o Blaine Gann), North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7. 1, of Table 2, for relief of lot dimension for Lot A & B, in order to construct a roadway in order to build one home on each lot. Said premises affected are land numbered on Assessors Map #65, Parcel #7 Appleton Street, with frontage on the East side of Appleton Street which is in the R-1 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 4/27/99 & 5/4/99 Legalnov/15 co0 (Un�(D"-(o90o00 cn�_o = Z O m 3 0> > o .o 0 ETa !O am o o a o Z�_m Dv D� ao m o ro�o D n� o Dpi c'�o m �M 000 m o c� _ ID �� m0�� 3 ��� 0 -o m co � W fA m v v `< m Z� a o vi D Z moo° _0 �o=o�o J�Qoco°�a'°a3�moNmd�o�o�D�ZZ (_�' 3 -�D'� _. �� oto v c^ �� m �o cc mom p /�zyy K c� Co D� aS0 N�,m (n.�m ���a m ID (D Fm Oo wm m v - ami D�fjOO� N .< ry O vl O "- a (D O- O O d- d ,-, 3 m- ... W O. D m w N Sd< __ 7 m(D O W (/l = K� N y v jO i�'�f0 , 77 O O (D ' O 5, (D v 0 (D 7 y v D O d < N- O< o a o< (nm a �- a-o—ooD� - m(�.mo mo O 7 O. (D O _ (D - ':• 2*F (D aO?r' MN N 7 ECi-.2J OF.— PEAi S 63S-95=1 8[7-f D(NGS 63S-95.15 CONSER VA.TiON683-9510rte.-LTi 633-95 0 P 'G 68S -953,f I NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01 345 FAX (978) 688-9542 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 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of the Estate of Margaret Simon, Appleton Street, Lot A & B (c/o Blaine Gann), North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7. 1, of Table 2, for relief of lot dimension for Lot A & B, in order to construct a roadway in order to build one home on each lot. Said premises affected are land numbered on Assessors Map #65, Parcel #7 Appleton Street, with frontage on the East side of Appleton Street which is in the R-1 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 4/27/99 & 5/4/99 Legalnov/15 8m 7 os�9�ema�9Tp5H�w@�'?s_.o�Vmy co --i -OB3 �aAF mco �aom w3mmw-rny o-``3�cay'am co<Z° 00g70u5!0.8Tv7Omo Z om OOO m.0N MD0o3 D pwywDiop ��co� Zca0pM.2-M,zRvoNDT2 3 �°;nO�r�oo°�—z< ^�ocom cc @20 0 3n=owD. m° m �DOWOomcowQ nm� N (n��'�yr'O 0c'Nenm Rm�-fir 0�mwo��D�° Dyy���°o3mw° KOLo 0 ooNM�m—a oyoDaemmcECD OM R» ao=71 low W AO.--J2D OF A.PPE ALS 6S8-9541 BLILDENGS 638-9545 CONSERVATION 68S-9530 HEALTH 68S-9540 PLA .NNIM; 6SS-9535 .� AORTo4 N 0 1 9 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01S4f FA_`K (978) 688-9542 o TQ4,v Tib% 61,17 %�/� 3/f %J el ot�4&&)ISC 12,9 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 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of the Estate of Margaret Simon, Appleton Street, Lot A & B (c/o Blaine Gann), North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7. 1, of Table 2, for relief of lot dimension for Lot A & B, in order to construct a roadway in order to build one home on each lot. Said premises affected are land numbered on Assessors Map #65, Parcel #7 Appleton Street, with frontage on the East side of Appleton Street which is in the R-1 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 4/27/99 & 5/4/99 Legafnov/15 BO.-il-D OF APPS- SS 658-95 ,I BUILDINGS 6SS-95. 5 C Post -it® Fax Note 7671 Date'6 11 pages To / COSL / From�� Co./Dept. Co.1���✓� Phone #g g - -/40 P411 OJT- p�! , Phone# 7 S /� Fax # % - -15 - f� Fax # f %,r "(o il - �(Jr T'oti 1y0R7{♦ Ott���a �1ti0 0 F P JS^CRUS NORTH ANDOVER OFFICE OF T0WNI CL! NORTH Ar;D0 JUL 1 2 22 P�'99 THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACI-RJSETTS 01845 .Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. NOTICE OF DECISION Property at: Appleton Street, Lot A&B FAX (978) 688-9542 NAME: Estate of Margaret Simon (c/o Blaine Gann) DATE: 6/29/99 ADDRESS: for premises: Appleton St., Lot A&B PETITION: 006-99 North Andover, MA 01845 HEARING: 5111/99 & 6/22/99 The Board of Appeals held a regular meeting on Tuesday evening, June 22, 1999 upon the application of Estate of Margaret Simon, Appleton Street, Lot A&B (c/o Blaine Gann) North Andover, requesting a Variance from the requirements of Section 7, P7.1 of Table 2 for relief of lot dimension for Lot A&B in order to construct a roadway n order to build one home on each lot within the R-1 Zoning District. The following members were present: William J. Sullivan, Waiter F. Soule, George Earley, Ellen Mclnyre. The hearing was advertised in the Lawrence Tribune on 4/27/99 & 5/4/99 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Walter F. Soule and 2nd by George Earley, the Board voted to allow the petitioner to Withdraw the Petition Without Prejudice. Voting in favor. William J. Sullivan, Walter F. Soule, George Earley, and Ellen McIntyre. 4ByOrderoftBpalChairmnPapne' . Als, an, mU1999decisioN21 l30AJZD O( :\PPEALS 658.9541 8UILllI\'GS 688-9545 CONSERVATION 683-9530 HE:)ILTH 685.954(1 NORTN Ots��ac �a1tiG 0 0 TO ,JS^CHUS NORTH ANDOVER OFFICE OF TOWN Lc NORTH AIN GO' -ER JUL 1 2 22 P�'99 THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACI-RJSETTS 01 845 .Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Cleric. NOTICE OF DECISION Property at: Appleton Street, Lot A&B FAX (978) 688-9542 NAME: Estate of Margaret Simon (c/o Blaine Gann) DATE: 6/29/99 ADDRESS: for premises: Appleton St., Lot A&B PETITION: 006-99 North Andover, MA 01845 HEARING: 5111/99 & 6/22/99 The Board of Appeals held a regular meeting on Tuesday evening, June 22, 1999 upon the application of Estate of Margaret Simon, Appleton Street, Lot A&B (c/o Blaine Gann) North Andover, requesting a Variance from the requirements of Section 7, P7.1 of Table 2 for relief of lot dimension for Lot A&B in order to construct a roadway n order to build one home on each lot within the R-1 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, George Earley, Ellen Mclnyre. The hearing was advertised in the Lawrence Tribune on 4127/99 & 5/4/99 and all abutters were notified by regular mail. No persons appeared in opposition to the petition. Upon a motion made by Walter F. Soule and 21 by George Earley, the Board voted to allow the petitioner to Withdraw the Petition Without Prejudice. Voting in favor. William J. Sullivan, Walter F. Soule, George Earley, and Ellen McIntyre. By Order of B dp: Appeals, If William J. S Ilivan. Chairman mV1999decision/21 t3OARD OF .UIPE:ILS 6%8-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688.9540 PL.-\NNINU 6: V8- 3 Town of North Andover Plod NORTH OFFICE OF"`° COMMUNITY DEVELOPMENT AND SERVICE �� ° 27 Charles Street ✓*� ° North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 May 25,1999 Estate of Margaret Simon c/o Blaine Gann 41 Merrimack Street Methuen, MA 01844 "HU' Fa°r l 9 8) 688-9542 ��1 MAY 41 r,%W 1' `) -; OAPD OF APP EAU3 RE: Plan of Land located in North Andover, MA, Estate of Margaret Simon, dated 3/29/99. Dear Mr. Gann: Please be advised that I have been handed a copy of your plan referenced above. I am writing to inform you that I observed that you have placed on your plan a block entitled "Approval Under the Subdivision Control Law Not Required". Although you have not submitted to the Planning Board a formal application for an ANR plan, I wanted you to know prior to you doing so that your proposal would require a subdivision plan to be filed. The reason for this is that you are required to file for a subdivision under Chapter 41, Section 81L of the Massachusetts General Laws. I have attached a copy of a letter from J. William Hmurciak of the Department of Public Works confirming that the portion of Appleton Street denoted on your plan is a private way that was discontinued as a public way at the 1929 Annual Town Meeting. Additionally, if you submit a definitive subdivision plan, you will need to provide proof of ownership of the road. If you have any questions, please do not hesitate to contact me. Sincerely, IC 'Heidi Griffin Town Planner Va. William Sullivan, Board of Appeals BOARD OF APPEALS 688-9541 BULLDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNI ING 6830535 GEORGE PERNA DIRECTOR TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 o�� /NORTIy L ^;tiss�CFHU,3' � Memorandum To: Kathleen Bradley Colwell, Itown From: J. William Hmurcia � � ' Date: Julv 17, 1996 f Re: Appleton Street Telephone (508) 685-0950 Fax (508) 688-9573 Planner -- - A research of our records indicates that the section of Appleton Street where the 2 lot subdivision is proposed is a private way. The process of discontinuing as a public way that portion of Appleton Street was initiated by vote of Article 52 of the 1929 Annual Town Meeting. We do not have a copy of the county commissioners document effecting the discontinuance. If you require further information regarding the subject, please call. appleton\1 Article 52. To see if the town will vote to discontinue ES town ways or private town ways, under chapter eighty- t',--o of the General Laws, all or any of the follow"rig sections of streets or ways in the town, namely: (1) Chestnut Street from the residence of Robert Hodges to Stiles Street; (2) Willow, Street from Turnpike Street to Hillside Road; (3) Rea Street from Johnson Street to Summer Street; (-=) Appleton Street from the residence of William A. Salois to South Bradford Street; (5) South Bradford Street from Dale Street to Salem Street; and (6) Forest Street from Liberte Street to therBotiord town line; or as an alternative, to see if the town will vote to instruct the selectmen as officers having charge of the laying out of high- ways, in conjunction with the Committee on Roads, to peti- tion the county commissioners, under chapter 2S9 of the Acts of 1924, for relief from the obligation of keeping all or any part of said ways in repair. On petition of the Committee on Roads. Voted to instruct-the Selectmen as ofncers having charge of the laying out of highways, in conjunction with the Committee on Roads, to petition the Count;- Commis- sioners under chapter 289, of the Acts of 1924, for relief from the obligation of keeping all or any part of said wars in repair. This is the alternative of requests made in petition. -N� STREET L J 1oNlY9ofi'.• STR�E� c._ . F L J 1oNlY9ofi'.• STR�E� c._ 40RTN \` a •_;t t K K i ,F o NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,FAX (978) 688-9542 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 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of the Estate of Margaret Simon, Appleton Street, Lot A & B (c/o Blaine Gann), North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7. 1, of Table 2, for relief of lot dimension for Lot A & B, in order to construct a roadway in order to build one home on each lot. Said premises affected are land numbered on Assessors Map #65, Parcel #7 Appleton Street, with frontage on the East side of Appleton Street which is in the R-1 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 4/27/99 & 5/4/99 Legalnov/15 BO.;-P.D OF .-1PPEALS 688-9541 BLILDINGS 658-9545 CONSERVATION 68S-9530 HEALTH 688-9540 PLANNING 68S-9535 r �t Received by Town-Clerlt: JOYCE 8;;1k0S: !AV1 TO0 CLERK NORTH tMOVi R G ,_ TOWN OF NORTH ANDOVER, MASSACHIJSETT4 3 ° P BOARD OF APPEALS APPLICATION FOR RELfEF FROM TETE ZONING ORDINANCE Applicant ESTATE OF MARGARET SIMON Address 41 MERRIMACK ST ° METHUEN Tel. No. sft.,?22.0 © 0 1. Applicant is hereby made: a) For a variance from the requirements of Section: 7 Paragraph 7.1 and Table 2 of the Zoning Bylaws. ° b) For a Special Permit under Section Paragraph of the Zoning -Rylaws C) 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) numbered ASSESSORS MAP 65 PARCEL 7 APPLETON STREET b) Premises affected area property with frontage on the North ( ) South ( ) East (X) West ( ) side of APPLETON Street. C) Premises affected are in Zoning District R-1 and the premises affected have an area of 4.0 ACRES square feet and frontage of 450' feet. 3. Ownership: a} Name and address of owner (if joint ownership, give all names): ESTATE OF MARGARET SIMON C/O BLAINE GANN 41 MERRIMACK ST. METHUEN Date of Purchase Previous owner: b) 1. If applicant is not owner, cbmk his/her interest m prenws: Prospective Pur4r aser Lessee Other • 5 of 8 4. Site of proposed building; front; feet deep Height stories; (feet. a) Approximated of eraction b) Occupancy or use of each floor: C) Type of construction 5. Has there been a previous appeal, under zoning, on these premises? NO When 6. Description of relief sought on this petition AREA NEEDED TO CONSTRUCT ROADWAY, _ APPLETON STREET WHICH WAS PREVIOSLY ABANDON, REQUIREMENTS MADE BY PLANNING BOARD COULD BE DONE BY EASEMENT AS HAS PREVIOUSLY BEEN DONE MANY TIMES 7. Deed recorded in the Registry of Deeds. in Book --2 No page 145 Land Court Certificate No. $eek Page The principal points upon which I base my application are as follows: (must be stated in detail) APPLETON STREET AS IT NOW EXISTS IS NOT 50' WIDE AS REQUIRED BY REGULATION TO CONSTRUCT A ROAD. IN THE PAST EASEMENTS WERE PROCURED TO FACILITATE THE ROADWAY CONSTRUCTION. MY CLIENT WAS WILLING TO GRANT SUCH AN EASEMENT. THE PLANNING BOARD REFUSED OUR REQUEST TO RESOLVE THE PROBLEM IN THIS MANNER. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signamm of Petitioner (s) 6of8 DESCRIP'T'ION OF VARIANCE REQUESTED ZONING DISTRICT: R-1 Required Setback Existing Setback Relief or Area or Area Requested lot Dimension 87120 85208 1912 S.F. ,Area 87120 81848 5272 S.F. Street Frontage Front Setback (s) Side Setback (s) Rear Setback (s) Special Permit Request: 7 of 8 LIST OF PARTIES OF INTEREST PAGE 1 OF 1 SUBJECT PROPERTY EMAP PARCEL NAME ADDRESS 65 7 BLAINE GANN; EXECUTOR 41 MERRIMACK STREET METHUEN MASS.01844 CQTATC /lc 6ennn AnrT I nu.—.. MAP PARCEL NAME AnnRFss �5 KIEWIzPPLETON ST.. NORTH -AND -OVER, MASS w-845 STEVEN W- P�-TOR PPLETON ST NORTH ANDOVER, MAS -S -M 135 CHARLES F. DEEHAN 162 PINE RIDGE RD. NORTH ANDOVER MASS.01845 134 WILLIAM J. BOND 150 PINE RIDGE RD. NORTH ANDOVER MASS.01845 133 -JAMES A. PANGAKIS 138 PINE RIDGE RD. NORTH ANDOVER MASS.01845 131&132 TOWN OF NORTH ANDOVER 120 MAIN ST. NORTH ANDOVER, MASS.01845 y Commonwealth of Massachusetts 2 14 The Trial Court _Essex---_-- Division Probate and Family Court Department Docket No. Probate of Will 9ij, , ithout Sureties Name of Decedent ._.__ . Margare t....Simo_n_.,.__a/k fa__Ma_r8are_t__R.._Sinton _........-. ----.__. ----- ----------- 41 Domicile at Death �Ierrimack_ Street, ___Methuen, Essex 01844 (Street and No.) — (City or Town) ------ (County) — (Zip) Date of Death April 5, 1995 _ Name and address of Petitioner(s) Blaine A. Gann -; ,�_j„�J ;,a /,c/, // f S 124//,� -�' �Ja,7 463 Prospect Street, Methuen, MA 01844. ----StatLis _ _- Nephew_ ._. Heirs at law or next of kin of deceased including surviving spouse: Name Residence Relationship (minors and incompetents must be so designated) Blaine A. Gann 463 Prospect Street, Methuen, MA 01844. Nephew Jeoffr.ey G. Gann 933 Ocean Blvd., Hampton, NH 03842 _ _—Nephew James A.J. Gann Westford Terrace, Oueens, NY Nephew No other heirs or next of kin That said deceased left a will — and.cadia(s)t — herewith presented, wherein your petitioner( is/am<narned execut or and wherein the testatrlx had requested that your petitioner(7s) be exempt from giving surety on histit fAl:�** bond(s). L] The petitioner(g) hereby certif ies that a copy of this document, along with a copy of the decedent's death certificate has been sent by certified mail to the Department of Public Welfare, P.O. Box 86, Essex Station, Boston, Massachusetts 02112. Wherefore your petitioner(s) pray(s) that said will —cydiM — may be proved and allowed, and that he,,'M 2” be appointed execut or__ thereof, wAblwithout surety on his/heodieiRbond(s) and certif i-e_s- under the penalties of perjury that the statements herein contained are true to the best of hisFl MrcIfN<nowledge an,d belief. 'Z7 Ir 1 l / Date - a- l-- ------ Signature* 1 > `� L `_ L_c (—�— ('���-y-� � Blaine A. Gann The undersigned hese y assent to the foregoing petition and to the allowance of the will without testimony. Blaine A. Gann DECREE All persons interested having been notified in accordance with the law or having assented and no objections being made thereto, it is decreed that said instrument(s) be approved and allowed as the last will and testament of said deceased, and that said petitioner(s9: Blaine A. Gann, named in said will as Blaine Gann of Methuen in the County of Essex —--___ -- -- _— - - -------____-- be appointed execut firthureof, first giving bond with out ____sureties for the due performance of said trust. a - Date Jus ICVOF THE PROBA IE AND FAMILY COUI1 I CJ -P2 (8/92) ESSEX, SS ATTEST REGISTER PROBATE COURT JUL 12 1995 A TRUE COPY DATE:; REMARKS: Attached is a copy 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 ZBA agenda for the upcoming meeting. The phone number for the Eagle Tribune is: 978-685-1000, ext. #412, should you require further assistance. The Eagle -Tribune is located at: 100 Turnpike Street, North Andover, MA 01845 Thank you, Mary Leary-1ppolito ZBA Secretary MI/fax O HIL NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 0184) .Fk% (978) 688-9542 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 11th day of May 1999, at 7:30 PM to all parties interested in the appeal of the Estate of Margaret Simon, Appleton Street, Lot A & B (c/o Blaine Gann), North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7. 1, of Table 2, for relief of lot dimension for Lot A & B, in order to construct a roadway in order to build one home on each lot. Said premises affected are land numbered on Assessors Map #65, Parcel #7 Appleton Street, with frontage on the East side of Appleton Street which is in the R-1 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 4/27/99 & 5/4/99 Legalnov/15 BO. �D OF -�2PEALS 63S-9541 BUILDINGS 6SS-9=45 CONSERVATION 685-9530 HE.. --LTH 603-9540 PL Ni\, NG 6SS-9535 Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk OF NORoTIy 9 QYCE Q CLE'r�K ° 1RO�H ANQQ IER p a 6 II a6 �M 96 'IS SACHUS� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice of Decision '-�(�A-/ 7&K -C-- - 0 Property: Map 65, Parcel 7 Appleton St Estate of Margaret Simon Date: 11/26/96 Appleton Street Petition: 037-96 North Andover MA 01845 Hearing: 11/12/96 The Board of Appeals held a regular 8, 1996, and a continued meeting on Variance application of the Estate Section 7, Paragraph 7.1, relief on Zoning By Law. meeting on 'Tuesday evening,October November 12, 1996 upon the of Margaret Simon % Blaine Gann, the lot dimension, Table 2 of the The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Joseph Faris, and Ellen McIntyre, The hearing was advertised in the North Andover Citizen on 9/24/96 & 10/1/96, all abutter were notified by regular mail. %pon,a motion by Walter Soule and seconded by John Pallone to Grant relief requested for lot size of 1912 on Lot A, and 5272 on lot B to construct a roadway for the two lots, that appropriate information be shown on the plans for the cul-de-sac,`that conditions 1 through 37, in accordance with the Coler & Colantonio be complied with. Voting in favor were: Walter Soule, John Pallone and Ellen McIntyre. Voting in opposition were: Willliam Sullivan and Joseph Faris. The petition was denied. Denial was based on the issue that no evidence was presented on the shape, soil or topography as stated in Chapter 40A Section 10.1 and the engineering recommendations from Coler and Colantonio. one descending member considered this a Planning Board issue. Board of Appeals, William Sullivan, Chairman Commonwealth of Massachusetts 14 The Trial Court Essex----- Division Probate and Family Court Department Docket Q) Probate of Will alit Without Sureties Name of Decedent -_ Marg retSimon__alkfa_Ma_r.garet_R,_��mon.____—___ Domicile at Death 41 Merrimack Street, Methuen, Essex —__01-844 (Street and No.) (City or Town) (County) (Zip) Date of Death April 5, 1995 Name and address of Petitioner(s) Blaine A. Gann�,7j�fy„v _C_. -_.V»>, --------- -- -- ---- 463 Prospect Street, Methuen, MA 01844. Nephew Heirs at law or next of kin of deceased including surviving spouse: Name Residence Relationship (minors and incompetents must be so designated) Blaine A. Gann 463 Prospect Street, Methuen, MA 01844. Nephew Jeoffrey G. Gann 933 Ocean Blvd., Hampton, NH 03842 Nephew _ James A.J. Gann Westford Terrace, Queens, NY N�hew — No other heirs or next of kin That said deceased left a will — andx dk:HM — herewith presented, wherein your petitionerM is/artcnamed executor and wherein the testatrix had requested that your petitioner(s) be exempt from giving surety on hisAiwAlUr bond(s). E] The petitioner(g) hereby certif i's that a copy of this document, along with a copy of the decedent's death certificate has been sent by certified mail to the Department of Public Welfare, P.O. Box 86, Essex Station, Boston, Massachusetts 02112. Wherefore yourpetitioner(s) pray(s) that said willmay be proved and allowed, and that h08M” be appointed execut or thereof, wdl# dwithout surety on his/faeafktsixbond(s) and certif ies- under the penalties of perjury that the statements herein contained are true to the best of hisAMP4ViKknowledge a d belief. Signature Date------ a -------- 9 - Blaine A. Gann The undersigned he�e y assent to the foregoing petition and to the allowance of the will without testimony. 1 i Blaine A. Gann — DECREE All persons interested having been notified in accordance with the law or having assented and no objections being made thereto, it is decreed that said instrument(s) be approved and allowed as the last will and testament of said deceased, and that said petitioner(9): Blaine A. Gann, named in said will as Blaine Gann — of Methuen in the County of Essex :MMX x1Qtx ----------- _ be appointed tl-ttxeof, first giving bond with out —sureties for the due performance of said trust. Date JUS IC/OF 1HE PHORATE AND FAMILY COUR f CJ -P2 (8/92) ESSEX, SS PROBATE COURT ATTEST JUL 12 1995 REGISTER A TRUE COPY 3 A74, Rell.-- --- VIZLIAIM I. SCOTT Director Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 01345 NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the.Town Clerk. NORTH a 77 7-1 Date April 21, 1999 Date of Hering MArch 16, 1999 & April 6, 1999 Petition of MPG Realty Corn_ April 20, 1999 Premises affected Lot 1 Dale Street Referring to the above petition for a special permit from the requirements of the North Andover on) n!� Ryl.aw St -.-t; c,n ] ng so as to allow to determine whether there are specific and material changes in the application for a Variance to allow a repetitive petition within a two year prohibition After a public hearing given on the above date, the Planning Eeard voted to APPROVE the SPECIAL PERMIT REPETITIVE PETTTTnN based upon the following conditions: Signed_L CC: Director of Public Works Richard S.Rowen, Chairman Euilding Inspector Natural Resource/Land Use Planner Alison Lescarbeau, V. Chairman Health Sanitarian Assessors John Simcns. Clerk Police Chief Fire Chief Richard Nat'della Applicant Engineer Jose -ch V. Mahcnev Towns Outside Consultant File Plannina Ecerd Interested Parties CONSF,q'VATION - (973) 633 9E30 • 11L_\L'L11 - (973) 633-9_`�0 PLANNING - (97:3) 63:3-0°39 `L'I:?LDL`IGOfi'?CE - (9 3) 633-?c,c 'ZONIN(; f30,\Rll OI .\PP(i.;l_ - /9 '3i b:i%i-'!`_=i `.IALN 'i'I:L:_' Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 May 25,1999 Estate of Margaret Simon c/o Blaine Gann 41 Merrimack Street Methuen, MA 01844 LI MAY 2 7 iso C o A 4SSACHUS�� F�x(9, 8) 688-9542 ; � ARD OF APPEALS e� o 7 RE: Plan of Land located in North Andover, MA, Estate of Margaret Simon, dated 3/29/99. Dear Mr. Gann: Please be advised that I have been handed a copy of your plan referenced above. I am writing to inform you that I observed that you have placed on your plan a block entitled "Approval Under the Subdivision Control Law Not Required". Although you have not submitted to the Planning Board a formal application for an ANR plan, I wanted you to know prior to you doing so that your proposal would require a subdivision plan to be filed. The reason for this is that you are required to file for a subdivision under Chapter 41, Section 81L of the Massachusetts General Laws. I have attached a copy of a letter from J. William Hmurciak of the Department of Public Works confirming that the portion of Appleton Street denoted on your plan is a private way that was discontinued as a public way at the 1929 Annual Town Meeting. Additionally, if you submit a definitive subdivision plan, you will need to provide proof of ownership of the road. If you have any questions, please do not hesitate to contact me. Sincerely, / -= 'Heidi Griffin l� L Town Planner Cc: William Sullivan, Board of Appeals BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLA;\NING 683-9535 GEORGE PERNA DIRECTOR To: From: Date: Re: TOWN OF NORTH ANDOVER, MASSACHUSETTS DIVISION OF PUBLIC WORKS 384 OSGOOD STREET, 01845 � NCRTy O 3 y C O �. m rt „�> y 7. 1SSAC US Telephone (508) 685-0950 Fax(508)688-9573 Memorandum -R —�--- �---- - Kathleen Bradlev Colwell, Town Planner✓y�68 J. William Hmurcia'�\ July 17, 1996 Appleton Street A research of our records indicates that the section of Appleton Street where the 2 lot subdivision is proposed is a private way. The process of discontinuing as a public way that portion of Appleton Street was initiated by vote of Article 52 of the 1929 Annual Town Meeting. We do not have a copy of the county commissioners document effecting the discontinuance. If you require further information regarding the subject, please call. appleton\lj Article 52. To see if the towwill vote to discontinue as town ways or pritown will town ways, under chapter eight - t«'o of the General Laws, all or any of the follow ng sections of streets or ways in the town, namely: (1) Chestnut Street from the residence of Robert Hodges to Stiles Street; (2) Willow Street from Turnpike Street to Hillside Road ; (3) Rea Street from Johnson Street to Summer Street; (a) Appleton Street from the residence of jj illiam A. Salois to South Bradford Street; (5) South Bradford Street from Dale Street to Salem Street; and (6) Forest Street from Liberty Street to thecBol-ford town line; or as an alternative, to see if the town will vote to instruct the selectmen as officers having charge of the laying out of high- ways, in conjunction with the Committee on Roads, to peti- tion the county commissioners, under chapter 239 .of the Acts of 1924, for relief from the obligation of keeping all or any part of said ways in repair. On petition of the Committee on Roads. Voted to instruct -the Selectmen as officers having charge of the laying out of highways, in conjunction with the Committee on Roads, to petition the Count- Commis- sioners under chapter 289, of the Acts of 1924, for relief from the obligation of keeping all or any part of said wars in repair. This is the alternative of requests made in petition. 4�. 1 .I ONN9oh... STRUT q Q 9 SCOTT L. GILES, R.P.L.S. 50 Deer Meadow Road North Andover, MA 01845 683-2645 NORTH ANDOVER BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASS. 01845 RE: APPLICATION OF BLAINE GANN: ESTATE OF MARGARET SIMON: PROPERTY ON APPLETON STREET. DEAR BOARD MEMBERS, IT WOULD RENDER A SUBSTANTIAL HARDSHIP NOT TO GRANT THIS REQUEST FOR A VARIANCE FOR LESS THAN 2 ACRES ON EACH ONE OF THE TWO LOTS BEFORE YOU. THE COST OF ROADWAY CONSTRUCTION AND THE REQUIRED CUL-DE-SAC WOULD EXCEED THE VALUE OF A SINGLE LOT. THE HIGH COST OF ROADWAY CONSTRUCTION IS DUE TO THE TOPOGRAPHY [GRADES OF 10% AND GREATER], ALSO GRANTING THIS VARIANCE WOULD NOT DEROGATE FROM THE INTENT OF THE ZONING BY-LAW IN THE FACT THAT ALL THE EXISTING BUILDINGS IN THE ENTIRE AREA OF THIS PARCEL WERE SUBDIVIDED AND CONSTRUCTED UNDER R-2 ZONING REQUIREMENTS. VERY TRULY YO 'OTT . GILES R.P.L.S. <u� ti