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HomeMy WebLinkAboutMiscellaneous - 0 Mill Road (2)T� 1 "15 DUE x olG- d,001 I ,Town of North Andover NORTh RECEIVED teen ,6R� JO ► CE DRAOSOffice of the Zoning Board of Appeals o - T0111 r k nity Development and Services Division NORTH 27 Charles Street.°' •�••w'�•. *'/ ZOOI SUM 2b A 11: 31 North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: Mill Road, Parcel D, North Andover, MA NAME: Debbie & Nestor Limas DATE: 6/18/2001 ADDRESS: 145 Walton Park, Melrose, MA For premises at: Mill Road, (Parcel D PETITION: 016-2001 North Andover, MA 01845 HEARING: 6/12/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, June 12, 2001 at 7:30 PM upon the application of Debbie & Nestor Limas, for premises located at: Mill Road, (parcel D) North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.1 & 7.2 of Table 2 for relief of lot width and relief of street frontage in order to construct a single family residence within the R-2 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, George Earley. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to GRANT a dimensional Variance for Mill Road (parcel D) from the requirements of street frontage for relief of 91.7' and for lot width for relief of 41.7', upon the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. The granting of this variance is in accordance with the Plan of Land by: Thomas F. Winslow, PLS, #30320, Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA 01880, dated: 5/7/2001. Voting in favor: WJS/WFS/RF/JP/GE. (Reference a previous decision petition #043-99, relative to property at: Mill Road, (parcel D), North Andover, MA, Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it 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 from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals,_ William J. Sul ivan, Chairman Ml/Decisions2001/17 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on. Tuesday the 12'h of June 2001, at 7:30 PM to all parties interested in the appeal of Debbie & Nestor Limas, 145 Walton Park, Melrose, MA for premises located at: Mill Road, (parcel D), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.1.2 & 7.2 of Table 2 for relief of lot width and relief of street frontage in order to construct a single family residence. Said premises affected is land with frontage on the North side of Mill Street within the R- 2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday. from the hours of 9:00 AM to 2: 00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on May 29& June 5, 2001 L say Onct, NORTH 7_NDOVER BOARDOF APPEALS Notice is hereby given that the Board of Appeals Will hold a public hearing at the Senior. Center, 12QR Main Street, North Andover, MA on Tuesday the 12th of June 2001, at 7:30 PM to all parties interested in the appeal of Debbie .& Nestor Limas, 145 Walton Park; Melrose, MA for Premises located at: Mill Road, (parcel D), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.1:2 & 7.2 of Table 2 for relief of lot width and relief of street frontage in order to construct a single family residence. Said premises affected is land with frontage on the North side of Mill Street within the R-2 zoning district. Plans are available for review at the office of the Build- ing Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 29 & June 5, 2001 E -T -. May 29 & June 5, 2001 Review date: 3" /r' 2 ov / Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 12� of June 2001, at 7:30 PM to all parties interested in the appeal of Debbie & Nestor Limas, 145 Walton Park, Melrose, MA for premises located at: Mill Road, (parcel D), North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.1.2 & 7.2 of Table 2 for relief of lot width and relief of street frontage in order to construct a single family residence. Said premises affected is land with frontage on the North side of Mill Street within the R- 2 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 29& June 5, 2001 LEGAL NOTICELEGAL NOTICE LEGAL UT -IC ' NORTH ANDOVER, BOARD OF APPEALS holdNatice is publichheabring gven that the Sen Senior Center, the Bo�rd of A120R (Main } 2001 Street, at7:30 PM to all partes interestedr in the appeal of Debbie & Nestor Limas, 145 Walton Park, Melrose, MA for MAnrequestises ing a dimeMill nsional (Variance from S ct onarcel D), North v 7, Paragraph 7.1.2 & 7.2 of Table 2 for relief of lot width and relief of street frontage in order to construct a single family residence. Said premises affected is land with frontage on the North side of Mill Street within the R-2 zoning district. Plans are available for review at the office of the Build- ing Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals J.Published in the Eagle Tribune Willn May 291livan& June 5, 2001n E -T — May 29 & June 5, 2001 Review date: 6-- /r' 2 ov / I Fax — Transmission TO: FAX Number: (i /7— 9'73 FROM: Town of North Andover Zoning Board of Appeals FAX: #978-688-9542 PHONE: #978-688-9541 DATE:zm� SUBJECT: Number of pages: 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 at 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 newspaper within the required deadline will mean that you will not be able to be placed on the ZBA agenda for the upcoming meeting. The direct dial phone number of the legal notice department of the Lawrence Eagle Tribune is 978-946-2412, and the address is 100 Turnpike Street, North Andover, MA. Please be reminded that it is your responsibility to mail a copy of the legal notice to each abutter via certified mail. You are required to have the mailing to the abutters completed at least 14 days prior the ZBA meeting. You are also required to bring proof of the certified mailing to the ZBA Secretary. Failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. WLEgalNotice Addendum The Zoning Board of Appeals granted a variance for the premises on December 15, 1999 (see copy of decision attached hereto) on the condition that the lot be used for a single family residence and that the residence be connected to a municipal sewer system. The subject parcel was acquired by applicant on July 2000. Prior to closing applicant inquired with the building department on the necessary procedure to extend the variance for six (6) month, given applicant's intent to build a single family residence in the spring of 2001. Applicant submitted a written request on December 15, 2000 and was subsequently denied. As such the variance lapsed on December 15, 2000, making this application for a new variance necessary. The application for the variance is submitted on the following principal points as the basis for a variance: I believe that owning to circumstances relating to the peculiar shape of the site, literal enforcement of the town zoning bylaw is a substantial financial and emotional hardship, and the granting of a variance for the property would not be a detriment to the public good nor violate the intent or purpose of the bylaw. Applicant desires to compile with the local and state requirements and begin building our home. Wherefore Applicant respectfully request that The Zoning Board of Appeals grant the variance for the foregoing reasons, which would allow applicant the move forward in building a single family residence. Applicant has selected William Barrett Homes as the builder and New England Engineering to fulfill the various engineering requirements pursuant to the Order of Conditions. HAY -18-2000 10:50 RE/MAX...PREFERRED NORT11 ANI)O'V'ER OFncr 6F TEE ZONING BOARD OF APPEALS 27 CHARLES STREET Any appeal shall be filed NORTH AND0M MASSACHUSEM O l 345 within (20) days after the date of filing of this notice DYKE OF DEC N NAME: Roberti. Shannon, Trustee ADDRESS: 121 Middlesex Ave, For propedy at: Mill Road (parcel D) North Andover, MA 01845 978 794 0489 P.03 -JOYCE BRADSHAW 'TOWN CLERK DVR :t999- DEC 20 P 2 21 FAX (978) 688-9542 North Andover 4TE;1?I15/99 71TION #043-99 TARING: 12114!99 The Board of Appeals held a regular meeting on Tuesday evening, December 14, 1999 upon the application of Robert J. Shannon, Trustee, 121 Middlesex st, Medford, M, for property located at Mill Road (parcel D) North Andover, MA, in the R-2 zoning district Petitioner is requesting a variance from the requirements of Section 7, paragraph 7,1.2 & 7.2 of Table 2 for frontage and lot width requirements. The following members wen) present Walter F. Soule, Raymond Vivenzlo, Scott Karpinski, Ellen McIntyre, George Earley, Upon a motion made by Raymond Vvenao, and 2nd 6y Ellen Mcln", the Board voted to Grant a variance for (dimensional relief} Mill Road (parcel D) from the requirements of street frontage for relief of 91.7 and for lot width for relief of 41,7' upon the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. Voting in favor. Walter F. Soule, Raymond Vivenao, George Eaday. Scott Karpinski, ©len McIntyre, 10.4 Variance: 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 structure and especially affecting such land or structures but not affectig literal enforcement of the provisions of thio Bylaw will Involve substantialhardship, financcial iron otherwise zoning clistrict ingo the a 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. Furthermrore, if ft rights authortmd by the variance are not ex=6ed within one (1) year of the date of the dant, they shall lapse, and may be re-esWahed only after notice, and a new heating. Furthermore, Ifo Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or co ;ftcffon has commenced, they shall lapse and stay be re -m WNIshed only atter notice, and a new hearing. ey ord of the a in card of Appeals William J. Sul van, Chairman MI/1999decision52 BOARD OF APPEALS 688-9541. SMLDINGS 683-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535 TOTAL P.03 J May' -03-01 12:13P Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ADDRESS ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) P-06 MAP PARCEL NAME ADDRESS / r� _ J0 a4 n e S� 7 l o �S ---- n -at ,- o er � ii✓ Ste' c/c < .Li Sa 33 44 THISI FORMATION W S OBTAINED AT THE ASSESSOR'S FICE AND CERTIFI D BY THE ASSE OR'S OFFI BY: DATE. SI NATURE, ASS&tSORaOVVN OF NORTH ANDOVER Required list of parties of interest Page one _ of _0Z, 4 ' - o TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF .7 - SUBJECT PROPERTY MAP PAR # I NAME ADDRESS W 6 94 ABUTTERS: 1A 17/1 a e �Ile e,/ ar E CERT. BY DATE: Q 4 i Page 2 of 4 RECEIVED .JOYCE BRADSHAW 1001 MAY IQ All: 13 I/ ire f C, Application Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Debbie and Nestor Limas 145 Walton Park, Melrose, MA 02176 (781) 662-4776 - home (617) 306-9229 - mobile 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Debbie and Nestor Limas, 145 Walton Park, Melrose, MA 02176 (781) 662-4776 - home (617) 306-9229 - mobile Years Owned Land: t o months 3. Location of Property: a. Street: Mill Road Zoning District R-2 b. Assessors: Map number 98 B Lot Number: Parcel # 94 c. Registry of Deeds: Book Number 5805 Page Number: 317 4. Zoning Sections under which the petition for the Variance is made. Section 7, Paragraph 7.1.2 and 7.2 of Table 2 for frontage and lot width requirements 'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Petitioner seek variance for dimensional relief from requirements of street frontage for relief of 91.7' and for lot width for relief of 41.7 with the intent ot using o or single family home. (Please see addendum) - r ne aoove oescnption shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % i 1. Page 3 of 4 Application for a VARIANCE y r a P " .0 ✓t G'. Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back • Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 4 /1 c. Proposed Lot (S): 7 Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back ` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� d. Required Lot: (As required by Zoning By -Law) Lot width Lot Area Open Space Percent Lot Frontage Parking • Minimum Lot set Back • S�q�. Ft,. Sq. F . Coverage Feet/ Spaces XKFOU Side A Side B. Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 'Reference Uses from the Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' 'Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the T Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expensigg for filing and legal naffiVion. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result jKa dismjysal by the Zoni o�cd-ef�pplication as incomplete. Type above name (s) here Debbie Limas Nestor Limas Addendum The Zoning Board of Appeals granted a variance for the premises on December 15, 1999 (see copy of decision attached hereto) on the condition that the lot be used for a single family residence and that the residence be connected to a municipal sewer system. The subject parcel was acquired by applicant on July 2000. Prior to closing applicant inquired with the building department on the necessary procedure to extend the variance for six (6) month, given applicant's intent to build a single family residence in the spring of 2001. Applicant submitted a written request on December 15, 2000 and was subsequently denied. As such the variance lapsed on December 15, 2000, making this application for a new variance necessary. The application for the variance is submitted on the following principal points as the basis for a variance: I believe that owning to circumstances relating to the peculiar shape of the site, literal enforcement of the town zoning bylaw is a substantial financial and emotional hardship, and the granting of a variance for the property would not be a detriment to the public good nor violate the intent or purpose of the bylaw. Applicant desires to compile with the local and state requirements and begin building our home. Wherefore Applicant respectfully request that The Zoning Board of Appeals grant the variance for the foregoing reasons, which would allow applicant the move forward in building a single family residence. Applicant has selected William Barrett Homes as the builder and New England Engineering to fulfill the various engineering requirements pursuant to the Order of Conditions. NAY -18-2000 10:50 Any appeal shall be filed within (20) days after the date of filing of this notice RE/MAX:PREFERRED �Q11f� NORTH ANY)OV + R OFFICE OF THE ZONING 130ARD OF APPEALS 27 CHARLES STREET NORTHANDO'VEIt, MASSACHUSETTS 0!345 NAME: Roberti. Shannon, Trustee t)Ti M OF DECN )Peng at: Ml(1 Road ADDRESS: 121 Middlesex Ave. For property at: Mill Road (parcel D) North Andover, MA 01845 TE: 978 794 0489 P.03 -JOYCE BRADSHAW 'TOWN CLERK A VR 'A99.OEC 20 P 2= 2 1 FAX (978) 688-9542 12/14/99 The Board of Appeals held a regular meeting on Tuesday evening, December 14, 1999 upon the application of Robert J. Shannon, Trustee, 121 Middlesex St, Medford, MA for property located at Mill Road (parcel D) North Andover, MA. in the R-2 zoning district Peetitioner is requesting a variance from the requirements of Section 7, paragraph 7.1.2 & 7.2 of Table 2 for frontage and lot width requirements. The following members were present: Walter F. Soule, Raymond Vivenzio, Scott Karpinski, Ellen McIntyre, George Earley. Upon a motion made by Raymond Vvenao, and 2� by Ellen McIntyre, the Board voted to Grant a variance for (dimensional relief) Mill Road (parcel D) from the requirements of street frontage for relief of 91.T and for lot width for relief of 41.7' upon the condition that the lot be used as a single family residence and that the residence be connected to a municipal sewer system. Voting in favor. Walter F. Soule, Raymond Vivenzio, Scott Katpinski, Bien McIntyre, George Earley, 10.4 Vallance: 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 structure 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. Furthernrore, if the rights authorized by the variance are not exercised within one (1) year of the date of the gent, they shalt lapse, and may be re esthbC�sired only atter notice, and a new heating. Furthermore, If a Special Permit granted under the provisions fter contained herein shall be deemed to have lapsed aa two (2) year period from the date on which the Special Permit was granted unless substantial Use or construction has comenced, they shall lapse and may be re-esWished only after notice, and a new hearing. BY of the o in Dani of Appeals William J. Sul van, Chairman M/1999decision52 BOARD OF APPEALS 688-9541 . Bt1Ir-DrNGS 683-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNNG 688-9535 TOTAL P.03 - V lay -03-01 12:13P Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP PARCEL NAME ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) ADDRESS Ior.1] MAP PARCEL NAME ADDRESS _ �jG04,7 e _ - 3 ro - — iro . i4 ' andKaddd Oiso�? f un �Jo cc /S=LAB THISATION W S OBTAINED AT THE ASSESSOR'S QrFICE AND CERTIFIKD BY THE ASSOFFI 8Y: — DATE: j/— ISIN;ATURE, O� ASS SOR OWN OF NORTH ANDOVER Required list of parties of interest Page one - of Z G 1 � v TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE OF �- SUBJECT PROPERTY MAP PAR #1 NAME ADDRESS W 3 94 ABUTTERS: t h - Ndt- S CERT. BY DATE: 6 Nestor J. Limas 145 Walton Park Melrose, MA 02176 June 7, 2001 Town of North Andover Zoning Board of Appeals Attn: Mary 27 Charles Street North Andover, MA 01845 Re: Mill Road Parcel D — notification mailing labels Dear Mary; Enclosed please find a sheet of labels for all of the abutters to our parcel on Mill Road in connection with the application for variance. If you require additional information please advise. Thank you in advance for all your cooperation. 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