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HomeMy WebLinkAboutMiscellaneous - 0 LACY STREET 4/30/2018 (4)t N O O 0 b � o m cu 0 b t ea NORTH ANDOVER BOARD Ot APPEALS'� NOTICE OORTH ON '90 0 0 N_ 0 I 'ISSAC14U ay 11: 196 Notice _i� fie'reby given that the lBoard of Appeals will give -a �.hearing at the Town 'Building, North -Andover, on -Tuesday evening the 14th day- of June. 1983', at*7:30 o'clock-. to all par - .,ties interested in the appeal of -AND LANA LANDRY ,:req6esling a variation of Sec. 7, - - Par. 7.2 and Table 2 of the Zon-. - ',ing'By Law SO as to permit relief from the.frontage iequirerhent in order lo.,permil c6ristruction-of a siqgl� family dwelling on the premises. located at land on the South side of Lacy Street. - By Order,of the Board of AP-. peals.. Frank Sedo..Jr Chairman Publish N.A. Citizen:- May 19 - and 26, 1983 R2-215 w t, z t- og WZ C) < P4 14 u E CQ a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS wnmrr.� : ...y 11.......19..83 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Tuedday. . ..evening...... the .141:Iday of .....June.... . 19 . $.3, at. 7 :.4Qlock, to all parties interested in the appeal of ......... WILLIXI4 _ ANP I,.AN LANDRY .................... requesting a variation of Sec..Par 7.2 .. of the Zoning By Law so as to permit....:...and T......... 2 ..able ............... . relief from the frontage requirement$ in order ................................................ to permit construction of a single family ............................ dwe.11 i ng ............................................ ...................................................... on the premises, located at.. land_ an. the.Soth.side.. of ....u....... Lacy Street. .......................................... By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: N.A. Citizen: May 19 and 26, 1983 Send bill to: Atly. Reginald L. Marden, P.C. 23 Central St. Andover, Mass. � l �F:2ce"sled by Town Clerk; °�°•`"'° :�"°O /Date: y�� _ TOWN OF NORTH ANDOVER MASSACHUSETTS «�. • BOARD OF APPEALS i Ti me D. SICMUSt ���.f �s�u T{iaRN Notice Thi s application must be typewri tten °, H Rt DOVER @e APP ICA�,I FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE MAY ! I 1�[ Applicant William F. & Lana J. `Landry Address 804 Forest Street, No.Andover 1. Application is hereby made (a) For a variance from the requirements of Section 7 Paragraph 7,2 and Table 2 of the Zoning By -Laws. (b) For a Special Permit under Section Paragraph of the Zoning By -Laws. (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 T,ary Street. (b) Premises affected are property with frontage on the North ( ) South ( X ) East ( X ) West ( ) side of _Lacy Street, a.nd known as No. Lacy Street. (c) Premises affected are in Zoning District _g-2, and the premises affected have an area of approx.9,37Acres- and frontage of approximately 37:,63 feet. 3. Ownership (a)''Jame and address of owner (if joint ownership, give all names): E & F.Builders, Inc., 35 Center Street, Burlin2fon- MA_ Date of purchaseJune 19, 1978 Previ-ous owner. Daniel 'E. Hogan, Jr. a (b) If applicant is not owner, check his interest in the premises: X Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: front; feet deep; Height: stories; feet.Single Family Residence, dimensions undetermined (a) Approximate date of erection: Calendar year 1983 (b) Occupancy or use of each floor: Residential (c) Type of construction: Wood frame 5. Size of existing building: feet front; feet deep; Height: stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? If so, when? 7: Description of relief sought on this petition the granting of a variance from the minimum frontage requirements in nyder r ar-mit the eensl=- of a single family residence on a lot which does not have fihe regid, rlfrenta e—. 8. Deed recorded i n the Registry of Deeds in Book 1342 Page 353 or Land';Court Certificate No. Book Page The principal points upon which I base my application are as follows: (Must be stated in detail) See attached sheet I a9ree,,t,9 pay_ for overfflsirWin newspaper and incidental expenses* Petitioner's Sianature M Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form -: approved by the Board. These forms shall be furnished by the clerk upon request. Any communication purporting` -to -bean -application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. _. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding 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. * Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Name LIST OF PARTIES IN INTEREST Address --Chaplin Estate Trust, c/o AttorneyJ. Easton, 301 Essex St., Lawrence, MA.01840 Douglas and"sera Buchanan, Lacy Street, North Andover, MA. Peter D. and"Mona Lacy Dailey, 214 Latey Street, North Andover, MA. Edward J. and 1,BrendaM. Peck, 78 Lacy Street, North Andover, MA. "'Richard Redman, c/o Frederick Redman, 88 Elm Street, North Andover, MA. OStuart and"Jane Ann Thompson, 4 Sherry Drive, Andover, MA. .01810 Barbara Tighe, Lacy Street, North Andover, MA. Yuan-Kony and`JoSung Chun Wang, 66 Lacy Street, North Andover, MA. t •rw !� 'e 11 U L C-- L L%A v v c i ,�//i//i//mn • �U Use additional sheets if necessary) The principal points upon which I base my application are as follows: (Must be stated in detail) See attached sheet I agree,,�j pay, for #very si,g in newspaper and incidental expenses* Petitioner's Signature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. -These forms shall be furnished by the clerk upon request. Any communication purporting,--to-be-an-application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the c'ity or town, and the Planning Board of every abutting city or town. * Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. LIST OF PARTIES IN INTEREST Name Address --Chaplin Estate Trust, c/o AttorneyJ. Easton, 301 Essex St., Lawrence, MA.01840 Douglas and`xfera Buchanan, Lacy Street, North Andover, MA. Peter D. and`Mona Lacy Dailey, 214 Latcy Street, North Andover, MA. Edward J. and VBrenda M. Peck, 78 Lacy Street, North Andover, MA. 'Richard Redman, c/o Frederick Redman, 88 Elm Street, North Andover, MA. Stuart and"jane Ann Thompson, 4 Sherry Drive, Andover, MA. .01810 --Barbara Tighe, Lacy Street, North Andover, MA. Yuan-Kony and oSung Chun Wang, 66 Lacy Street, North Andover, MA. • ,ave , 1 r� - 2� � Use additional sheets if necessary) 1 - f NORTH i;zce-i"�16_d by Town Clerk: a •^ +'Date: yW� TOWN OF NORTH ANDOVER, MASSACHUSETTS •�o �.; BOARD OF APPEALS ��b«�,« C -iVED ,..o. T i m e,. �] O SS����SE` T;vER Notice This appl i cation must be typewri tten F� B i H ,' bOYER APP�I,CAT FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant William F. & Lana J. 'Landry Address 804 Forest Street, No.Andover 1. Application is hereby made (a) For a variance from the requirements of Section _7 Paragraph 7-2 and Table 2 of the Zoning By -Laws. (b) Fora Special Permit under Section Paragraph of the Zoning By -Laws. (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 Lacy Street. (b) Premises affected are property with frontage on the North ( ) South (X ) East (x ) West ( ) side of Lacy .Street, a.nd known as No. Lacy Street. (c) Premises affected are in Zoning District �_�, and the premises affected have an area of aDDr0x.9.37Acres and frontage of approximately7zO3, feet. 3. Ownership (a.) Name and address of owner (if joint ownership, give all names): E & F Builders, Inc., 35 Center Street, Riirlingfnn MA_ Date of purchaseJune 19, 1978 Previ-ous-- Owner: Daniel -E. Hogan, Jr. (b) If applicant is not owner, check his interest in the premises: X Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: front; feet deep; Height: stories; feet.Single Family Residence, dimensions undetermined (a) Approximate date of erection: Calendar year 1983 (b) Occupancy or use of each floor: Residential (c) Type of construction: Wood frame 5. Size of existing building: feet front; feet deep; Height: stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? No If so, when? 7: Description of relief sought on this petition the granting of a variance from the minimum frontage requirements in order tn`normit of a single family residence on a lot which does not havP the rPnidYPrJgr_enfage- 8. Deed recorded i n ' the Registry of Deeds in Book 1342 Page 353 or Book Page Land',.Court Certificate . No. The principle points upon which I base my application are as follows: The applicant seeks a variance from the requirements of Section 7.2 of The North Andover Zoning by-law, in order to build a single family residence on a parcel of land which does not meet the 150' frontage requirement.of the by-law. The parcel in question is a large tract of land, containing approxi- mately 9..37 acres. The main body of the parcel lies some 400 feet off of Lacy Street, and has frontage on Lacy Street by virtue of a strip of land running northwesterly from the body of the parcel to Lacy Street. This strip of land has approxi- mately 87 feet of frontage on Lacy Street. The applicant proposes to build a single family home on the parcel, and does not intend to further develop the parcel, or subdivide the parcel. Due to its unusual shape, this nine acre plus tract is virtually useless and of no value unless a variance is granted. The partitioner believes that by putting a single family home on the parcel, he will increase the ameni- ties of the town at the same time preserve the majority of the parcel in its existing condition. The granting of the variance will both serve the town's interests, in the way of increased real estate tax revenues, and preserve the value of a substan- tial portion of land in North Andover which would otherwise be of little value. The applicant believes that the within petition meets the factors contained in Section 10.4 of the by-law, and M.G.L. Chapter 40A.Section 10. The peculiar shape of the parcel does not affect generally the zoning district in which it is located. A literal enforcement of the by-law frontage requirements would involve a substantial hardship, financial and otherwise, as this large parcel of land would be essentially unuseable. A granting of a variance would not be a substantial detriment to the public good, nor would it nullify or substantially derogate from the intent or purpose of the by-law. Wherefore, the applicant requests that the within applica- tion for a variance be granted. LAW OFFICES OF REGINALD L. HARDEN. P.C. 23 CENTRAL STREET ANDOVER, MASS. 01810 TEL: (817) 470-0477 NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01843 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Gentlemen: June 14, 1983 Re: Petition of William F. & Lana J. Landry The Building Department was never contacted about this matter, therefore, I can make no comment on this petition. Very truly yours, CHARLES H. FOSTER BUILDING INSPECTOR CHF; of TEL. 888-8102 RECELIVED �. 'i �: A►�a7n 1855 JUN 09 P e3 •••..� -TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing of this Notice In the Office of the Town Clerk. Date ...... June..2 7,, 19 8 3 Petition No..... 3.2.-.1.8.3 .. _ . Date of Hearing .. q un e 1A, , 19 8 3 Petition of ...... WILLIAM. AND.' LANA .LANDRY....... .................................. Premises affected . , . Land on the. Southeasterly ,side. _of _Lacy Street Referring to the above petition for a variation from the requirements of the ..Zoning BX Law. SectiQn.-..7., . Par.agraph..7. , 2. and. Table. 2 ...................................... . :------iso-as to permit eli.ef�atom,the _fro tage �reguirement to allow the cons truc.tion . of..'a...ging le. f ami.jy . dwe l ling..... ....................... . After a.public hearing given on the above. date, the Board of A peals voted to . G? ANT...: the va-iance ............................ and hereby authorize the Building Inspector to issue a permit to William and Lana Landry for the construction of the above work, based upon the following conditions: 1. That only a single family dwelling be constructed, with a minimum setback of 100 feet from any boundary. 2. That the plans be re -submitted to conform to the requirements of the Board of Appeals. Signed Frank..Serio.,..Jr,, Chairman_ 2 1fre.d.E....Frizelle, _ Esq,..-, Vice. Chairman 4 -William. ..Sullivan. . Augustine . W... Ni.ckevs.Qn............ Maurice..S .. F.oulds..................... Board of Appeals i kE' 'ri t, IV" NOR f JON Z8 t 09 NORTH 0� t�Jo y!a'o 1O � i otic # ' Ss CMUSt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. Dear Mr. Long: Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. June 27, 1983 William -and Lana Landry Southeasterly side of Lacy St Petition No. 32-'83 The Board of Appeals held a public hearing on Tuesday evening, June 14, i 1983 upon the application of William and Lana Landry. The hearing was advertised in the North Andover Citizen on May 19 and 26, 1983 and all x abutters were notified by regular mail. The following members were present and voting: Frank Serio,._ Jr. , Chairman; _Al�er3_ F .. Exizel-lam,_ Esq., Vice Chairman; William J. Sullivan; Au ustine W. Nickerson; and k Maurice S..Foulds, The petitioner seeks a variance. from the pro isions of Section 7; Para- graph 7.2 and Table 2 of the Zoning By Law torpermit relief from the frontage requirement to allow the constructiob of a single family 'dwelling on premises located at.land on the Southeasterly side .of Lacy Street. The petitioner testified through counsel that he has entered into an agreement to purchase the 9+ acres and proposes to construct a single family dwelling on the premises. The petitioner further testified that he is willing to restrict the lot so that no additional dwellings or future subdivision can. occur. The parcel is landlocked except for a peninsula with 87 feet of frontage on Lacy Street. A driveway is proposed through said frontage. Upon a motion made by Mr. Frizelle and seconded by Mr. Foulds, the Board voted unanimously to grant the variance from the lot frontage require- ments with respect to a lot lying .within the R-2 district on the South- easterly side off Lacy Street described as the second parcel in a deed recorded at Book 1342 Page 353 at the Essex North Registry of Deeds William and Lana Landry Petition No. 32-183 June 27, 1983 Page 2 D"AV EL. t. TO'?,;, ' IC FORT! ,!; IjO.JER JUN 28 1 io PM '83 and owned at'the present by.E & F Builders, Inc., so as to allow con- formity to Section 7, Paragraph 7.2 and Table 2 of the.Zoning By Law subject to the conditions that: 1. Only a single family dwelling be constructed on the premises with a minimum setback of 100 feet from any boundary; 2. That the plans be re -submitted to conform to the requirements of the .Board of Appeals. Said variance was granted because it was the consensus of the Board that the applicant met all.the needs required in granting a variance as set forth in M.G.L. Chapter 40-A Section.10 and Section 10..4 of the Zoning By Law. Specifically, the Board found the following: 1. The variance is required as a result of the peculiar shape of the parcel. It contains 9.37 acres but has only one access which is on to Lacy Street. The access is by way of a narrow path which has a maximum width.of 87..03 feet on Lacy Street and a mimimum width of only 3.0-feet_where--i-t intersects with with the rest of the parcel. The path is 400 feet long. The contour o the path is such t Hat it has a very steep grade in a short dist ce .I f a road was -to be built there would be insufficient widt to accommodate it. 2. A literal.enforcement of the Zoning,By Law,would involve a sub- stantial hardship. The parcel is oversizeA and cannot be used for anything other than a.single family residence. A road cannot be installed as there is insufficient width to accommodate it. The parcel, without a variance, is useless. 3. The variance may be granted without substantial detriment to the public good and without nullifying or derogating.from the intent and purpose.of the Zoning By Law. The use which the applicant wishes to.use the premises for is consistent with the use of land in the area. The parcel has more land than most of the other parcels in the area and its use as a single family dwelling will not have a negative impact on the public good. The granting of the variance will not change the character of the neighborhood. Sincerely, BOARD OF APPEALS .Frank Serio, Jr., Chairman 3w (Plan to follow) I/ LAW OFFICES OF REGINALD L MARDEN. P.C. 13 CENTRAL STREET ANDOVER. MASS. 01810 TELL 4017) 470-0477 / PROPOSED DECISION ON PETITIO OF WI AM R. & LANA J/.�LANDRY; FOR VARIANCE'' OM THE FRONTAGE R IRE ANTS OF Sec 7 par. 7.2 & Table 2 -f the ZONING BY-LAWS R At a meeting of the town of North "An.dover Board of Appeals held on June _1-4.r-.179-8-3—th-e—f-o-1-1--ow-ng-m�mb r-s`were_present: It was voted to grant a variance from the lot frontage re- quirements with respect to a lot lying within R-2 district on the Southeasterly side off Lacy Street described as the second parcel in a deed recorded at Bk 1342 p 353 at the Esse: North Registry of Deeds and owned at the present time by E & F Builders, Inc., so as to allow conformity to Section 7 par. 7.2 Table 2 of the Town of North Andover Zoning By -Laws. Said variance was granted because it was the consensus of the board that the applicant met all the needs required in grant- ing a variance as set forth in MGG. c 40A sec 10 and sec. 10.4 of the Zoning By -Laws CTbGG� pecifically the Board found the following: 1. The variance is required as a result of the peculiar shape of the parcel. It contains 9.37 acres but has only one access which is on to Lacy Street. The access is by way of a narrow path which has a maximum width of 87.03 feet LAW OFFICES OF REGINALD L MARDEN. P.C. ES CENTRAL STREET ANDOVER. MASS. 01010 TSW (017) 470.0477 on Lacy Street and a minimum width of only 30 feet where it intersects with the rest of the parcel. The path is 400 a feet long. The contour of the path is such that it has a very steep grade in a short distance. If a road was to be built there would be insufficient width to accommodate it. 2. A literal enforcement of the by-laws would involve a substantial hardship. The parcel is oversized and cannot be used for anything other than a single family residence. A road cannot be installed as there is insufficient width to accommodate it. The parcel, without a variance is use- less. T on a p.arce w i.ch cannot be used is substantial: 3. The variance may be granted without substantial detri- ment to the public good and without nullifying or derogating from the intent and purpose of the by-law. The use which the applicant wishes to use the premises for is consistent with the use of land in the area. The parcel has more land than most of the other parcels in the area and its use as a single family dwelling will not have a negative impact on the public good. The granting of the variance _ to,- will not change the char- acter of the neighborhood. k -2- LAW OFFICES OF REGINALD L MARDEN. M as QENTRAL ETREET ANDOVER. MAEO. 01010 TEW 1017) 4700a77 MEMORANDUM IN SUPPORT OF PETITION OF WILLIAM.F. AND LANA J. LANDRY FOR A VARIANCE FROM THE FRONTAGE REQUIREMENTS OF Sec 7 paragraph 7.2 and Table 2 of the ZONING BY-LAWS The applicants seek a variance from the 150' frontage re- quirement of section 7 par. 7.2 and table,2 of the Zoning By -Laws. The parcel has 87.03 feet of frontage and contains 9.37 acres. The applicants have submitted a plan which shows the peculiar shape of the parcel, its relationship to the abutters, and that its only access is on to Lacy Street. The applicants believe that they have satisfied the require- ments for the issuance of a variance pursuant to MGL c40A sec 10 and section 10.4 of the Zoning By -Laws. A review of the condi- tions which justify the granting of a variance, as set forth be- low, shows the applicant has met the burden. 1. The variance is required as a result of circumstances relating to the soil conditions, shape or topography of the land and especially affecting such land but not affecting generally the zoning district in which it is located. Factual Findings It is clear that this lot is of a peculiar shape. It con- tains 9.37 acres and has frontage onto only Lacy Street. It is land locked on three (3) sides. It is the only lot in the area which is so large and has so little frontage. -1- • � Y 2. A literal enforcement of the provisions of the ordin- ance or by law would involve substantial hardship, financial or otherwise, to the petitioner. Factual Findings The land as it now exists is a hardship to the petitioner and present owner for the following reasons: a. it is an oversized parcel which cannot be used other than for a single family residence, b. it is land locked other than for the frontage on Lacy Street and unless the variance is granted will not be useable, C. it is located in an R-2 area and can only be used for residential purposes, d. the financial burden of taxes on such a large parcel can only be relieved by making it a buildable lot, e. the access to Lacy Street narrows to thirty (30) feet which is an insufficient width for a road. The topo- graphy of the access is one of a steep grade in a short distance which requires a greater width to install a road than it now has, 3. The variance may be granted without substantial detri- ment to the public good and without nullifying or sub- stantially derogating from the intent and purpose of such by-law. Factual Findings The use which the applicant wishes to use the premises for LAW OFFICES OF REGINALD L MARDEN. P.C. 13 CENTRAL STREET ANDOVER. MA■E, 01810 -2- TELL M7) 470-0477 i is consistent with the use of land in the area. The parcel has more land than most of the other parcels in the area and it will have no negative impact on the public good. If the variance is granted a house will be built which will increase the assessed value of the property and the amount of taxes the town will re- ceive. The lot contains well in excess of the required area and will not change the character of the neighborhood at all. For the above reasons the applicants request that this Board grant the requested variance. William and Lana Landry by ther ey Dated: June 14,1983 na Marden, P.C. Law Offices of Reginald L. Marden 23 Central Street Andover, MA. 01810 LAW OFFICES OF REGINALD L MARDEN. P.C. 17 CENTRAL STREET ANDOVER, MASS. 01810 TRW (417) 470-477