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HomeMy WebLinkAboutMiscellaneous - 105 MIDDLESEX STREET 4/30/2018m CER TIFIED PL 0 T PL A N S.E. CUMMINGS & A SSOCIA TES P-0. BOX 1337 PLAISTOW, N.H. 03865 TEI-EPHONE (60a) -S82-5065 FAX (80S) -382-52f6 100.2' 4 99.80 (c) TAX MAP 31 LOT 34- 8,890 S.E I 0,20 AC F rn EXIS TNG 7/2 S To )OD FRAMED DRELLING 99- 71'(C) lou 16, (F - (:j I !Z) �) 011 /IRON ROD SE F EXIS77NG GARAGE F-0 UNOA 77 ON 3.5' MIDDLESEX STREET 0" 1 HEREBY CERTIFY THAT AN INS TRUMEN T SURVEY WAS PERFORMED ON A UGUS T 20, ;997 B Y S. E. CUMMIIICS, ex- A SSOCIA TES, ALBERYT T TRUOE--1 No. mm SCALE 1 40' DATE, DECEMBER 28, 19-08 RE-WSED: JANUARY Z 7-99-9 REWSED: MARCH 26, 7999 PEWSED: APRIL 7, 1999 / HERESY CER TIF IY TO FO WA1 OF IVOR T17 ANDOVER, MASSA CHUSETTS BUIU011V6 OE-FARFUE-A/T THAT THE EX15FIAIG GARAGE 0 ,UNPIA TION LIRA WIV ON 51-11S /-!/A A/ IS LOCATEZ? AS SHOWN p OWNER OF RECORD': JOHN J & G41L E MUNRO 105 WDDLESEX STREET NORTH ANDOVER, MA 07845 THE PROPERTY IS ZONED: P-4 RESIDENCE 4 DISTRICT MINIMUM, SE -TRACKS FRONT - 30 FEET SIDE 15 FEET FEAR 30 FEET 764-CPRDKV h1AY°- 1 1 -00 T H U 1 2: 56 S_ E_ Cumm i n9 s Assoc i at v' d MAY 2 2 2000 S.E.C. Surveying Engineering Consulting L Mike McGuire Building Inspector Town of North Andover 146 Main Street North Andover, MA 01845 Re: 105 Middlesex Street Dear Mr. McGuire Please find enclosed a partial print out of the survey worksheet for the above referenced project. The survey consists of locating existing monumentation within the block of the subject parcel. The reference plan used for the original survey was performed by W.J. Driscoll in 1925. The propertylines calculated were based on evidence and boundary procedures for boundary locations for simultaneous conveyances. The worksheet is for your use only and is not intended to be used for public information. The Munroes paid for my survey services and the worksheet is private information. If you have any questions please don't hesitate to call. Sincerely Terry Trud P.O. BOX 1337 22 OLD ROAD TELE: (603) 382-5065 MAY -11-2000 13:16 \'1h 2)4 e 3t� 3825216 PLAISTOW, N.R. 03865 FAX (603) 382- 5216 MAY 1 S BulLD1NG DEPARTMENT 96% P.01 A MAY -11-00 T H U 12:56 S-E-CuM-in9 s Assoc f a t e s P-02 ILJ MAY -11-2000 13:17 3625216 75% P. 02 RI 4 A ..... ......... _. A L; Lr Im 1Cil 2 'n Sul N) MAY -11-2000 13:17 3625216 75% P. 02 RI 4 A ..... ......... Lr 'n N) MAY -11-2000 13:17 3625216 75% P. 02 oc o i d gas 1p CON Z; 0� -ON IV -la Elas A �17s—�c�t� . � § S » 9 {_( / § \/ _ M � q§\ \ (�§ 110 FFor. 30 A.M.- Date / Time �d P.M. SPECIAL ATTENTION WHILE YOU WERE OUT M OfL/ O Phone / S // 7 Z ❑ Fax 0 Mobile Area Code Number Extension TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message dX � Signed n SPECIAL ATTENTION P, �� _ r;.- .---� f ., \\� �� . .. ?' i ��� � � �.� � � �, �� -_ �. __..ter � �* � - � � r - � �r tl ANDOVER Neighbors feucung over two-story garage By Rebecca Griffin Eagle -Tribune Writer NORTH ANDOVER — When res- idents on Milton and Middlesex streets heard a neighbor was build- ing two -car garage, they pictured a modest building with a traditional roof like the others in the street. They did not envision the two- story building with a barn -like roof and upstairs windows. "It's a house," said neighbor Patri- cia M. O'Connor whose yard comes within feet of the back of the garage. "People have driven by and said, `I've seen smaller houses.' " Now neighbors — who said they never went to zoning board meetings before the Middlesex Street garage was built — say it is an eyesore. At least one town official, Select- men John R. Leeman Jr., says the Zoning Board of Appeals may have made a mistake in approving plans for John J. and Gail E. Munros' garage. The Munros, Mr. Leeman said, needed to prove they suffer a "hard- ship" before the town would allow them to build close to the 0`Connor's land. The couple said their hardship is their lack of room for storage, and that is not a good enough hardship, Rebecca Griffin/Eagle-Tribune Patricia M. and Michael P. O'Connor say this unfinished garage is too tall for the neighborhood. John J. Munro, who owns it, says he tried to follow all the rules, but points out the O'Connors do not have a permit for their shed. Mr. O'Connor said he will tear down the shed if Mr. Munro tears down the second story of the garage. Mr. Leeman said. There is also a question as to whether the town told all the required neighbors before granting permission for the garage, the selectman said. Mr. Leeman wonders how North Andover could allow such a building in the Middlesex neighborhood. "I wouldn't want that in my back yard. I don't blame them for being angry about it," he said, adding the plans should be brought back before the Zoning Board. The O'Connors and other neigh- bors said they trusted the town to make sure the garage would be as modest as the other two -car garages in the neighborhood — so they did not actively oppose the plans until it was too late. "Anytime that anybody's building �,-7"-.- Feh- i 1, /7Ycl- something from now on, I guess you have to go and check the plans and check everything," said Dorothy R. Currier, of Milton Street. Zoning Board member Walter F. Soule said Mr. Munro followed all the rules and the neighbors had plenty of time to appeal. He also said his board can, on rare occasions, make mistakes. "I'm not sure what the solution is," he said. "The density is increas- ing and people have rights, and if they want to protect their rights they go and get an attorney." Mr. Munro said he went through all the proper town channels and tried to follow the rules. He men- tioned the O'Connors' have an unpermitted shed in their backyard. Mr. O'Connor said that he will tear down his shed if Mr. Munro tears down the second story of the garage. Mr. Munro also said his garage fits into the neighborhood because other buildings in the area have gambrel roofs. Currently, the town has placed a stop -work order on the garage because it is built too close to the O'Connor's property, officials said. Mr. Munro is trying to fix the problem. a selectman for the towns of Mn obituary .free reader erri- .,mac and Newton. He served on the service of The Eagle -Tribune. building committee for the Don- Information is supplied by funeral aghue School, the board of trustees directors, A recent photograph of of Sanborn Seminary Trust Fund, the deceased may appear with it. and was a member of Bethany Call lis: To inquire about an obit. Lodge, A.F. & A.M. He owned the former Merrimack uary or a family notice, call (978) 685- I OW and ask for the ob4tuyry Motor Mart in the 1920s and 1930s, desk. for a memoriam, call class- and operated the former Bradford Motor Mart after World War II. He ffeds at (978) 686-2911. I he cemeteries will kvin removing all Winter arrangements on Monday, Larch 1,19". other'questionable items may be removed Please take home any items you wish to keep until the clean-up is finished. ao,er. A Funera mass wm pe nioi , y at 10 a.m. in St. Michael Church, North Andover. Burial will follow in Needham Cemetery. DRISCOLL -- In Lawrence, Feb 16, Barbara A. (Ashe) Driscoll 67, for- merly of Andover. She leaves her hus. band Robert J. Driscoll. Family and Friends may call today from 2 to 4 and 7 to 9 p.m. at Burke Funeral Home, 390 N. Main St, Andover. A Fu- neral Mass will be Saturday at 10 a.m. in St. Augustine Church. Burial will be in St. Augustine Cemetery. Memorials may be made to the St. Vincent de Paul Society, St. Augustine Church, 43 Essex St, Andover. MA 01810 We would like to give thanks to all those who helped us during this difficult time. One Month Mass Sunday, February 21, 1999, at 9:oo a.m. at St. Mary Church, Lawrence ST. JUDE 0 Holy St. Jude, Apostle and Martyr, great in virtue and rich in miracles, near kinsman of Jesus Christ, faithful intercessor of all who invoke your sppecial patronage in time of need, to you I (lave recourse from the depth Of my heart and humbly beg to whom God has given such great power to come to my assistance. Help me in my present and urgent petition. In return, I promise to make your name known, and cause you to be invoked. Say three Our Fathers, three Hail Marys and Glorias. Publication must be promised. St Jude pray for us and all who invoke your aid, Amen. This Novena has never been known to fail. This Novena must be said for 9 consecutive days. H. P The widow of Frederick Habeeb, she leaves her husband Albert Web- ber of Brighton and Peabody; son and his wife Frederick G, and Lenore A. (Sullivan) HabeNkb of Georgetown; daughter and her hus- band Marilyn and Paul Foley of Peabody; brother Charles Belmont of Quincy; and four grandchildren, Frederick C. Habeeb, Phillip G. Habeeb, Kevin Foley and Jolene Foley. Family and friends may call Sun- day from 2 to 4 and 7 to 9 p.m. at Merton E. Roberts Jr. Funeral Home, 14 Pleasant St., Georgetown. A funeral Mass will be Monday at 11 a.m. in St. Mary Church, George- town. Burial will follow in Harmony Cemetery, also in Georgetown. FIRST ANNIVERSARY In Loving A,a , Memory of MILDRED M. k SULLIVAN Born Dec. 3, 1913 Died Feb. 19, 1998 Sadly Missed By: husband David, son Matthew Family and • Friends Gone is the face we loved so dear, Silent is the voice we loved to hear; Too far away for sight or speech, But not too far for thought to reach; Sweet to remember her who once was here, And who though absent is just as dear. Q Any appeal shall be filed within (20) days after the date of filling of this Notice in the office of the Town Clerk. o JOYCE BRAG,. AW TOWN CLEIRK NORTH ANDOVER TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: 105 Middlesex St. NAME: John J. & Gail E. Munro DATE: 9/9/98 STREET: 105 Middlesex St. PETITION: 037-98 North Andover, MA 01845 HEARING: 9/8/98 SEP 14 1 17 AM '58 The Board of Appeals held a regular meeting on Tuesday evening, September 8 1998, upon the application of John J. & Gail E. Munro, 105 Middlesex St.., North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7.1, 7.2, & 7.3, for relief of lot area, street frontage, front setback, side setback, and rear setback, and for a Special Permit from the requirements of Section 9, paragraph 9.2, to allow the construction of a garage, on a non -conforming lot, in the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, and Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 8/25/98 & 9/1/98 and all abutters were notified by regular mail. Upon a motion made by Scott Karpinski and seconded Walter Soule, the Board of Appeals voted to GRANT a Variance for relief of lot area of 3,610. ft., relief of street frontage of 0.29 ft., relief of front setback of 7.9 ft., relief of side setback of 11.8 ft., relief of rear setback of 27 ft., and to GRANT a Special Permit from the requirements of Section 9, paragraph 9.2 to construct a garage 24'x 24', with the condition that the proposed 2nd floor garage area be used only as storage and not to be used as living space and that no utilities other than electricity be allowed in the garage area, and with the condition that the existing garage be removed, in accordance with the plan of land dated 8/4/98 and prepared by S.E. Cummings Assoc. Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of the variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. Boar of App 1 jt_ LU I William J. S Ilivan, Chairman Zoning Boa d of Appeals /decoct6 i J } AORTF �� • Ota+�zc O TOWN OF NORTH ANDOVER MASSACHUSETTS 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 8th day of September, 1998, at 7:30 PM to all parties interested in the appeal of John J. & Gail E. Munro, 105 Middlesex Street, North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7.1, 7.2, 7.3, of Table 2, of the Zoning -- Bylaws Bylaws for relief of lot area, street frontage, front setback, side setback, and rear setback, and for a Special Permit from the requirements of Section 9, paragraph 9.2, to construct a garage on a non -conforming lot. Said premises affected is property with frontage on the North side of 105 Middlesex St. which is in the R-4 Zoning District. Plans are available for review at the Office of the Building Dept., t. Town Hall 120 Main / , Street, Monday through Thursday, from the hours of RAM to 1:PM. By Order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on 8/25/98 & 9/1/98. m meg^ oom 33a?v gag�+mw-I�+ ..y�zrs,''. cc3q�n-5. 1"'0aatn� wcm�. ��arr��di Ora„ is m 03 c m up m 2 o�£woxiijn .��m ��£mw��yga mao�yDpp70o t°aaO w�m•mm ��m��anz_'aoga�'�y�NompooOySC _.c mea mAN. eco» -W �bm0. nsg wti,+3 m— �m<om��>mf3Qm�xZ.' J yy Vi m `j 4f m mo N aK aApa.1 ; �,�O.m Sri. a O -a a, C " S °��5a=gym alma qo5 m44»°».w o�P aQ' �i Naz ZW -s,L Dc -r CER BRED PLO T PLAN S.E.CUMM/NGS & A SSOC/A TES RECEIVED P.O. BOX 1337 PLA/STOW, N.H. 03865 TELEPHONE (603)-382-5065 FAX (603)-382-5216 JAN n g 1999 100.2 BUILDING DEPT. TAX MAP 31 V45' EXIS77NG GARAGE LOT 34 ° o FOUNOA TION N N -. 8,890 S.F. f 24.0' a ` 0.20 AC. m CO ^ Z 03 ti 't Ln O Q) EXISTNG 2 1/2 STORY WOOD FRAMED DWELLING 99.71'(C) 100. 16" (P) MIDDLESEX SCALE I" = 40" DA TE: DECEMBER 28, 1998 REVISED: JANUARY 7, 1999 I HE -RE -L? Y CER T/FY TO TOWN OF NOR FH ANDOVER, MASSACHUSETTS BUILDING DEPARTMENT THA T THE EXISTING GARAGE FOUNDATION DRAWN ON THIS PLAN IS L OCA TED AS SHOWN. STREET 01 A{� r r ALBERT CD TRUDEL No. 36869 0 9 X- 9�CISTty,' .0" OWNER OF RECORD. JOHN J. & GAIL E. MUNRO 105 M101)L ESEX S TREE T NORTH ANDOVER, MA 01845 THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DIS TRIC T MINIMUM SETBACKS: FRONT - 30 FEET SIDE - 15 FEET REAR - 30 FEET 764 -CPP. DWG w OD � o Wto WIFFLIN W o o v N ri vi M � Z c� o C oo m to(� Cl -Sao �° Zoo � o� M Q �b02/ t/) o J �, uj Ems, O M I c U W i o N \ �V.l7�o N w�� O �j Co ^ UxM 1S o2fiHX ��� J HEFRMmCK Lo � 0ul0 tno ^I p t m o iW rte, coCo d '1 I I 0 w N� V)i �' 1 O WW �aO� c W M% (ij �o Y°o >�Z ? o n �A� �W- —,� Q) � �L Z o� o °_� v o �' v � W Z� W� W o g '" ��'� ,4M� Q� mQ m m m w ��� o� %Q ° o i LJ~ x o °' p�A V p co Lo 4cil Z Z Z�� `O ooh } o 1ti14 a` Q. 'No U�� w w ~ a kK Z -QZ pp a. v> o o a �SETTS U Z ►, � J I� Q (� �� n Q� Q. 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Q: pt 'K 'K �Jtnpt� ti �,� ti Q: W� cc�� mW QO(� Q -QU Q Towler 40 Third Street North Andover, MA 01845 January 28, 1999 Mr. William Sullivan Chairman Zoning Board of Appeals Town of North Andover North Andover, MA 01845 # i ? FEB 2 1999 RE: 103 Middlesex Street, North Andover, MA Dear Mr. Sullivan: It is our hope that the Board of Appeals will rule in favor of preserving the traditional appeal of the neighborhood and propose a compromise so that the builder on 105 Middlesex Street's needs for expansion do not infringe on the privacy and comfort of the abutters. We are writing to you as residents of 40 Third Street, North Andover, MA to express our objection to the Town's approval of the structure being built on 103 Middlesex Street. The approval of such a two-story structure as seen from Milton Street detracts from the aesthetics of this conventionally quaint neighborhood. Respectfully submitted, David R. Towler /kt cc: Robert Nicetta Keith Mitchell William Duffy: John Leeman Donald Stewart David Torrisi Karen L. Towler North Andover Building Inspector North Andover, Chairman, Board of Selectman Selectman Selectman Selectman Selectman 7AIJ-06-1999 14:05 }-lRTP P.01 THE CITY of NEw YOR E DEPARTMENT OF HEALTiiE � Rudolph W. Gtullant Neal L. Cohen. m.[>.�' � EB Mayor Commissioner 4 N FACSIMILE TRANSMITTAL SHEET TO: e / FR -46 OM: " - OWPANY: DATE: FAX hitNBER: YOYAL tW. OF PAG UDtN0 COVER: PFiCTNE NCIMBER: SENDERS TELEP NUMBER: (212) 442-3380 SENDER'S FAX NMOBA: (212) 442-3535 �fRGENT Q FQR REVIEW ❑ PLEASE C14EN'F PLEASE REPLY ©PLEASE RECYCLE NOTEVCOMMErTfS: ft NEW YORK CITY DEPARTMENT OF HEALTH HEALTH RESEARCH TRAINING PROGRAM 346 BROADWAY, ROOM 707A, CN -65 NROT 4Y4nR X NY 1 fl[} 1 1 0 01/06/99 14:45 TX/RX N0.3295 P.001 1 7AtJ-t 6-19�g 14 =Lid P. HRTP 0_2 r L Tannert Niang, M.P.M. k1 East 6th Street, 4A, New York, NY 10003 + (212) 673-0089 January 6, 1999 Mr. William J. Sullivan Chairrnart, Board of Appeals Town Hall 120 Main Street North Andover, .MA 01845 Re: Recent construction on Monroe lzmneT—ly that borclers 35 Milton Street Dear Mr., Sullivan: I am writing in support of the concerns of my aunt, Mrs. Mary Church, and my mother, Mrs. Veronica Tannert, who are the owners and residents of 35 Milton Street, with regard to the recent construction of a large building on the adjacent Monroe property. I am also forwarding this letter to your attention as a future resident of North Andover as I stand to inherit the property at 35 Milton Street. Members of my family have Iived its. North. Andover since the end of the Civil War and, members of my family have owned the property of 35 Milton Street since 1924. As a result, I am very well acquainted with the immediate neighborhood and the nature and history of the community at large. As you are aware, the recent construction of a very large building, purported to be a garage and storage area, on the Monroe property has sharply degraded the integrity and character of a historic neighborhood thatt speaks volumes for the development and settlement of North Andover early in this century. All of these homes, including the Monroe's, were well -spaced and apportioned to accommodate the riceds of large families who could not afford large plots of land and/or who were transitioning from a farming economy to industry. A large house with a one- story garage or shed in the back yard was the limit of the permanent structures these tiny plots of land were intended to support. This plan has served the families of the immediate neighborhood for most of this century, allowing suf#`zcien.t space for privacy and, at the same time, cultivating the development of positive community relations and identity. I am sure you understand how space, or the lack of it, influences the social functioning and welfare of a neighborhood. Beyond the immediate issues of physical appearance, crowding and neighborhood/social identity, there are other. concerns that require redress. First, Mrs_ Church and Mrs. Tannert are elderly and unable to travel at night.. Although informed of a meeting to discuss plans for the Monroe building in early September, that meeting was arranged for the evening, after dark, and without sufficient notificati.ozl .for either my aunt or mother to snake arrangements to attend. No party advised my relatives of alternative means of communicating their interests or assisted them in navigating these formal procedures. They were entitled to receive complete Information and an opportunity to offer their consent or disapproval which they did not get. There was no outreach TOTHL P.a2 01/06/99 14:45 TX/RX N0.3295 P.002 ( 99 14:09 HRTP P.01 i ]y�x. William Sullivanpage 2. to there, In my view, these wonderful and interested women have been discriminated against. Based on discussions with my family and neighbors, I believe the Town was trusted to review construction plans and order modifications to the structure if needed. However, the buildir►.g that has recently been erected differs in size and placement fronna the proposal and has defied everyone's understanding and expectations. Is it possible thatt intentions for this building and its specifications were not thoroughly presented to the Town in the first place? The building is two and a half stories high, with a staircase, high ceilings, picture windows and electricity. Is this a rentable apartment? Is it an office or studio? It is the size of a Douse, placed too near the O'Connor's property lines, and distinctly out of place on a postage-star►p parcel of land. Zoning laws are a crucial aspect of fire management in a community, Buildings crowded too closely together create an environment for fire to spread more rapidly and may reduce access of the Fire Department to residents in an emergency. The building on the Monroe property also establishes precedent for the construction of similar buildings throughout the district. North Andover's population has exploded over the past decade and the trend toward the establishment of a na. ore densely constructed community will ultimately challenge the Town's limited resources. Finally, the building on the Monroe property has raised serious concerns about the value of adjacent properties. As time has advanced, the properties have increased in value, but this new building, by crowding the environment, will make all of these properties less desirable if placed on the market at any point in the future. These homes are essential capital and the future well- being of all of the involved families will depend on maintaining the fair market value of their homes and properties. On thesepoints, I have offered my understanding and experience of the cotximunity. 1 hope that for the benefit of my relatives and their neighbors that there will be an open meeting before the Board of Selectmen to discuss all of the relevant facts pertaining to the construction of the Monroe building. I also hope that a decision will be made to modify the structure to preserve the safety, security, privacy, appearances and financial value of the adjacent properties. To accomplish less would be unjust. I look forward to your response. Sincerely, CC,. Keith Mitchell, Esq. TOTAL P.01 01/06/99 14:50 TX/RX N0.3297 P.001 4 January 27, 1999 Town of North Andover 120 Main Street North Andover, MA. 01845 To the Town Manager: To the Selectmen: To the Building Commissioner: To the Zoning Board Chairman i� FEB Robert J. Halpin Keith Mitchell, Chairman John Leeman William Duffy Donald Stewart David Torisi D. Robert Nicetta William Sullivan A,,O7' a,v Y- /te &N rn I want to state my objection and displeasure with the garage that is being constructed on 105 Middlesex Street. I was not even notified that this project was up for approval, even though this construction directly affects me. I own and occupy the property at 36 Milton Street. Having lived in this house for the last 19 1/2 years, I have always been able to look out the front window of my living room and front porch and see almost through to Middlesex Street. The height of this construction now completely cuts out this view. My home is a two family, with a rental apartment on the first floor. My present tenant has lived in the apartment for the last 12 years. Her view from the living room, front porch and front bedroom is now obstructed as well. Property values have been affected and I fear, future rentals may be affected as well. The structure is certainly not a replacement garage. It is much too high for this neighborhood and looks more like a barn than a garage. It is so close the property line at 29 Milton Street and so overpowering that it.looks like it belongs to that property rather than to the property on 105 Middlesex Street. How could you allow this construction without notifying everyone who would be affected? How could you allow a two story construction when the issue was one of replacement? How can you let the country atmosphere of the neighborhood be turned into the likes of a city block? I understand that the construction has come to a halt for now. I will be on the side of those who want the construction to remain at a halt and for the second floor to be taken down. My expectation is that 1 receive a response to this letter. �da(Bartashy) Montminy 36 Milton Street, North Andover, MA. 01845 THOMAS I URBELIs E-MAIL: tju@ufb.com Jack Little, Esquire 401 Axdover Street North Andover, MA 01845 URBELIs, FIELDsTEEL & BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 January 26, 1999 Re: John and Gail Munro 105 Middlesex Street North Andover Dear Mr. Little, Andover Office 26 CbeStnut Street Andover, MA 01810-3600 Telephone 978-475.4552 Please Send correspondence To Boston Address This letter will confirm our conversation that your clients desire to bring the structure into compliance with the terms of the variance and/or special permit granted by the North Andover Zoning Board of Appeals. Pleased be advised that the Town will require plans, including engineering drawings, indicating how your clients' builder intends to perform the requisite work to comply in all respects with the variance and/or special permit. These plans should also show how your clients intend to reconstruct the foundation without jeopardizing the structural integrity of the structure and how the new foundation will be tied into the existing foundation. Please submit those plans to the Building Commissioner for his review. Once these are received, we will be back in touch with you. Very truly yours, lltw , Thomas J. Ur is Town Counsel TJU:jeh cc: D. Robert Nicetta, Building Commissioner Robert J. Halpin, Town Manager John R. Leeman, Jr., Board of Selectmen William J. Sullivan, Chairman Zoning Board of Appeals William J. Scott, Director of Community Development and Services Joseph Mahoney, Esquire s:\wp5l\wotMn-endove\correspVitde.ltr ° � o Co � o y � � m G G A N Fyy� r N l•J N M H O pry py N � b INN ,..,. cn o cno --e= CD CD Q N� oo Q.. 0 a i a I:l j Y fT, 11127 : 1'i URBELIs, FIELDSTEEL & BAMIN, LLP ! ! + j FEB I 1999 155 FEDERAL STREET Andoveroflice Street BOSTON, MASSACHUSETTS 02110-1727. _�'— 26 Chestnut - _ Andover, MA 01810.810- 3640 y _ Telephone 978-4754552 THOMAS J. URBELIS E-MAm: tju@ufb.com D. Robert Nicetta Building Commissioner 27 Charles Street North Andover, MA 0 i 845 Telephone 617-338-2200 Telecopier 617-338-0122 January 26, 1999 Re: John and Gail Munro, 105 Middlesex Street Dear Mr. Nicetta: Please send Correspondenx To Boston Address 1_ us q ��sS I� You have asked whether it is lawful and proper for you to agree, upon receipt of satisfactory plans, to allow reconstruction of the rear wall of the structure located at the above property so as to bring the structure into compliance with the variance and/or special permit granted by the Zoning Board of Appeals. In our opinion, such course of action is lawful and proper under the facts as we understand them. Please feel free to call if you have any further questions or comments. Very truly yours, Thomas J. Ur V- US 1 Vl;t TJU:jeh cc: Robert J. Halpin, Town Manager John R. Leeman, Jr., Board of Selectmen William J. Sullivan, Chairman Zoning Board of Appeals William J. Scott, Director of Community Development and Services s.\wp51\workn-en&ve\conespWatW.Ift TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Atty Joseph V. Mahoney 127 Turnpike Street North Andover, MA 01845 January 19, 1999 I received your correspondence of January 14, 1999 regarding 105 Middlesex Street, Petition 037-98 of the Board of Appeals. On December 31, 1998, a conference was held at the Community Development Office on Charles Street, with Mr. & Mrs. Munro, Mr. O'Connor, Walter Soule and myself to try and negotiate a solution to the neighborhood dispute. Neither party was flexible. Correspondence of this December 31, 1999 discussion, was sent to the North Andover Zoning Enforcement Officer, Robert Nicetta for his action. A copy of that memo is attached. William J. Sullivan Chairman Board of Appeals Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978) 688-9531 January 12, 1999 John J. & Gail E. Munro 105 Middlesex Street North Andover MA 01845 Re: ZBA Petition 037-98 Dear Mr. & Mrs. Munro: Fax (978) 688-9542 The certified plot plan dated January 7, 1999 as submitted by your builder indicates that the rear wall of the structure is in violation of the referred petition. The rear wall has been reconstructed without permission of the Building Department and now has a "jog" of approximately, .45 feet. It is recommended that you file a new application with the Zoning Board of Appeals (ZBA) requesting a modification of the original variance. The Stop Work Order posted on the building is to remain in effect pending the ZBA decision and is to be removed only by the Building Department. If you have any questions please call me at 978-688-9545. Very truly yours, D. Robert Nicetta, Building Commissioner DRNr cc: Robert J. Halpin Town Manager Keith Mitchell, Chairman BOS John Leeman, BOS William J. Sullivan, Chairman ZBA Joseph Mahoney, ESQ Michael P. O'Connor William J. Scott, Director CD&S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 4, 1999' .w To: Building Commissioner, Mr. Robert NicettaAk From: Mr. William Sullivan, Chairman Zoning Board of Appeals In order to create harmony in a Middlesex -Milton Street neighborhood the Zoning Board of Appeals requested a meeting of the principals. On December 31, 1998 a discussion was held in the conference room at the Community Development Center on Charles Street to address a garage structure authorized by Petition 037-98 on September 14, 1998. Those in attendance were Mr. John Munro and his wife,( the Petitioners of Subject Item), Mr. Michael O'Connor,(an abutter who objected to the height of the structure), Chairman William Sullivan and Vice Chairman Walter F. Soule. This meeting was the result of an As -Built Plan Submitted to the Building Department in Mid - December showing a violation of a garage structure of approximately 5 inches set back, at rear lot line, from the authorized set -back of Petition 037-98, as approved previously by the Appeals Board. Mr. Munro explained in detail that he did everything according to procedure in July and August 1998, well before the Public Hearing, by speaking to many neighbors including Mr. O'Connor about the garage structure. There were no objections at that time. Legal Plans and pictorials were available at the Zoning Board of Appeals Office and all Legal Notices were properly sent to the abutters. Mr. Munro and his wife stated that they want to be good neighbors. Mr. Munro further explained the high cost of the garage($35,000)and the extra charge to alter the structure($ 5000). He also noted that a building was placed on the rear -lot line of Mr. O'Connor's property since September 1998. He was not complaining about this building but due to Mr. O'Connor's complaints to him of broken windows and the door of this building not functioning, since garage construction began, he authorize his builder, Kevin Murphy, to correct the shed problems and to bill him(Mr. Munro). He further stated that he would place, plant trees, or other plantings including but not limited to, trellis and roses, window boxes with flowers on the back upper story windows of the garage or anything to enhance beauty of the rear of the garage structure as viewed from the neighbors and Mr. O'Connor's property. RECEIVED JAN 0,5 1999 BUILDING DEPT. Mr. Sullivan asked Mr. O'Connor to state his position with regard to the structure. Mr. O'Connor stated he wants harmony in the neighborhood too. Mr. O'Connor was originally told by Mr. Munro, of the two stall garage in July; but insisted that he was not told it was a two story structure until he saw it being constructed in mid-Decemberi 199 8. His position is that the height of the structure changes the look of his backyard and will shield the sunlight. His wife is very upset and was crying most of the time about this issue. He has surveyed the neighborhood recently and found others who support his position. Mr. Sullivan asked Mr. O'Connor if he would share in the cost of modifying the structure. His response was negative. Mr. O'Connor acknowledged receiving the Legal Notice, but chose not to attend the Zoning Board of Appeals Public Hearing in September. He thought it was to be the same height as other garages in the neighborhood. Mr. Sullivan noted that neither party was flexible at this time and as such the following options would be required to resolve : 1. The builder, Kevin Murphy, could properly replace the back wall of the garage entirely, including the complete foundation, in order to meet the Zoning Board of Appeals set back authorization of Petition 037-98, and furthermore only if he could satisfy the Building Commissioner, Mr. Nicetta's requirements and that the North Andover Building Code would not be violated. 2. Munro's re- petition of the Zoning Board of Appeals allowing a modification to grant rear setback relief in accordance with the original "As -Built" Plan submitted to Building Inspector. Mr. O'Connor was informed that he could seek relief through the Judicial Court System.* * All parties present were also reminded that the 20 day normal appeal period after the Public Hearing was held in September 1998, for the Zoning Board of Appeals Decision Process, had expiith no interest being shown. Please advise the ZBA which option is to be incorporated. Page 2 of 2 mss• �)- Ad",:F 74 Age 3 AV 6 .litq��q.t,�� trrlac� '�uwa` t cit "UtZ"7 ,�c-d aw 7� Z►=�� dome.. a�,� uw � G Q��,ez?c yrs . U. jon-4 ,cam .M, P M Z 562L66 96--g 07 JAN11 xt r n ofice flatum I it it I I it III III III I IiiIIIIIII! till I I III I I It III Ild Id IIIIII Id ssaappa u n�aa aul �o y�ia aye o� doJanua o dol aano aui �e pyo 1 G�/ s f r� Any appeal shall be filed within (20) days after the date of filling of this Notice in the office of the Town Clerk. NAME: John J. & Gail E. Munro STREET: 105 Middlesex St. North Andover, MA 01845 aRE.LI�� 70 JOYCE BRAfiSI?AW •�o ,,• � TOWN CLtRK \. �. ••- -�.�, ' NORTH ANDOVER TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: 105 Middlesex St. DATE: 9/9/98 PETITION: 037-98 HEARING: 9/8/98 SEp 1 � 1 17 AM 'S8 The Board of Appeals held a regular meeting on Tuesday evening, September 8 1998, upon the application of John J. & Gail E. Munro, 105 Middlesex St.., North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7.1, 7.2, & 7.3, for relief of lot area, street frontage, front setback, side setback, and rear setback, and for a Special Permit from the requirements of Section 9, paragraph 9.2, to allow the construction of a garage, on a non -conforming lot, in the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, and Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 8/25/98 & 9/1/98 and all abutters were notified by regular mail. Upon a motion made by Scott Karpinski and seconded Walter Soule, the Board of Appeals voted to GRANT a Variance for relief of lot area of 3,610. ft., relief of street frontage of 0.29 ft., relief of front setback of 7.9 ft., relief of side setback of 11.8 ft., relief of rear setback of 27 ft., and to GRANT a Special Permit from the requirements of Section 9, paragraph 9.2 to construct a garage 24'x 24', with the condition that the proposed 2nd floor garage area be used only as storage and not to be used as living space and that no utilities other than electricity be allowed in the garage area, and with the condition that the existing garage be removed, in accordance with the plan of land dated 8/4/98 and prepared by S.E. Cummings Assoc. Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of the variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. Boar of App .I xL ._ William J. S Ilivan, Chairman Zoning Boa d of Appeals /decoct6 The Minutes of the Meeting: September 8, 1998 Zoning Board of Appeals Senior Center 120R Main St. North Andover, MA 01845 ORIGINAL. m up I The Board of Appeals held a regular meeting on Tuesday evening, September 8, 1998 in the Senior Center at 7:30PM. The following members were present: William J. Sullivan, Chairman; Walter F. Soule, Vice Chairman; Raymond Vivenzio, John Pallone, Ellen McIntyre, and George Earley. Robert Scott Karpinski and Robert Ford arrived later in the evening. Chairman Sullivan explained the procedure of the hearing to the public assembly: Continued Public Hearing: MPG Realty Corp. Dale St., Map 37B, Lot #1, Dale (Berrington Place) Chairman Sullivan was in receipt of a fax/letter from MPG Realty to withdraw without prejudice and read the fax to the public assembly. Upon hearing of this matter, Timothy Ippolito spoke to the Board and said that he was aware that the Planning Board allowed MPG to withdraw without prejudice at their last meeting, why did MPG take so long to request the same from the ZBA tonight? His objection was that he was representing an abutter, Maria Dowd, and that they were told that MPG Realty was on the agenda to be heard this evening. Chairman Sullivan explained that the fax from MPG Realty was received in the office at the very last minute and that there was no time allowed to advise any abutters of MPG's intention, and that the Board had to comply with the bylaws accordingly. Upon a motion made by Walter F. Soule, and 2nd by John Pallone the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor: WFS/RV/JP/EM/GE. Continued Public Hearing: Donna Whipple 37 Columbia Rd. The petitioner is currently being represented by Atty. Dom Scalise who previously submitted a letter on behalf of his client Donna Whipple. Walter Soule read the letter from the Whipple's to the Board, asking for a continuance until the October 13, 1998 meeting, (letter for the record). Upon a motion made by Walter Soule, and 2nd by John Pallone the Board voted to allow a continuance until the Oct. 13, 1998 meeting, voting in favor: WFS/JP/EM/KP. Abstain from voting: Raymond Vivenzio, and George Earley. Continued Public Hearing: James J. Nassar d/b/a/ 478 Chickering Rd. Mr. Nassar is a party aggrieved of the building inspector's determination for Sal's Pizza, 490 Main St. N. Andover. Raymond Vivenzio read the legal notice as it was not read at the previous ZBA meeting. Chairman Sullivan asked who was present to represent the petitioner. Atty. Specher was present to do so. Atty. Speicher passed out one copy of his paper work with backup information relative to the points he wishes to base his application to the Board. (Board members who are present are as follows: WJS/WFS/RV/JP/EM.) r H Atty. Speicher made his presentation stating that the site plans called for a one story building, and now 490 Main St., appears to be a two story building. (Scott Karpinski is now present 7:45PM). The description that Atty. Speicher gave of the property at 490 Main St. is as follows: The over hang is 5 feet wide and contains a dormer. The building is 12 feet high from the over hang to the top of the dormer. Atty. Speicher stated that the Planning Board approved one set of plans and some thing -else was actually built. The side setbacks are also a problem because the building is within 2 %2 feet of the property line. There are steps now which are not on the plot plan. The Building code states that an eave(s) should be no more than 3 feet wide, the eave(s) that are now present are 5 feet wide. The parking issue doubled from what is originally requested. Chairman Sullivan asked about how much square footage is requested for parking? Chairman Sullivan and Atty. Speicher discussed how the parking spaces was determined as according to how many seats (customer seats) were allocated. Chairman Sullivan asked if anyone was present to speak in favor of this petition, no-one was present to do so. Raymond Vivenzio read a letter from Kathleen Bradley Colwell regarding 490 Main St. (for the record). Chairman Sullivan discussed the plan with the Board and with Atty. Speicher, and Sal Lupoli (owner of Sal's Pizza) was present to discuss the plan. Chairman Sullivan asked if Sal Lupoli would like to speak on his own behalf. Mr. Lupoli said that his intention was to create the look of a 2nd story building only, he assured the Board that there is no 2nd floor on the building, the dormers are phony and there are no stairs leading to a 2nd story. Mr. Lupoli said that he did not exceed the foot print and did not vary from the plan submitted for approval. He went on to explain that he was not aware that the electric company put a pole with a wire going to Mr. Nassar's property. He removed a set of doors only, therefore, this is the same plan and no other changes had been made. Chairman Sullivan asked Mr. Napoli to submit a plan to the Planning Board showing the stairs have been revised and to do so ASAP. A rebuttal was made by Atty. Speicher stating that the building code is clear and the building in question does not comply to the code, it's too big and it exceeds what is allowed, however, the over hang was not even on the plan to begin with. Upon a motion made by Raymond Vivenzio and 2nd by John Pallone the Board ofappeals unanimously voted to uphold the Building Commissioner's decision and deny the petition of the party aggrieved based on the following: There is insufficient evident of any violations: 1. The building is a one story as constructed with a mansard roof, including false dormers, for esthetic purposes, to enclose the mechanical equipment, and as such is not in violation. This fact was verified by the Town Planner, by a site visit, on September 7, 1998. 2. Eave(s) are covered by Section 7.3 of the North Andover Bylaw, under yard setbacks and the mansard roof as constructed is not in violation. 3. The change, in stairwell foundation, adjacent to petitioner's property line was authorized by Town -Planner as a minor adjustment to site plan review process, and as such is not a violation. 4.. The roof eave(s), referred to in his brief by the petitioner's agent (State Building Code) Chapter 12, Section 13.4) does not apply. State Building Code, Chapter 12 pertains to interior environment -courtyards both inner or outer. 5. The roof eave(s), referred to in his brief by petitioner's agent (State Building Code, Chapter 32, Section 03.3) does not apply. State Building Code, Chapter 32 -pertains to public right of way. This section .03.3 is for eave(s) at least 12 feet above the curb level over a public right of way. The building as constructed has a side wall height of 10 feet, 4 inches on private property. This building is not on the property line and as such does not overlap a public right of way and is not a violation. Voting in favor of the denial: WJS/WFS/RV/JP/EM. Under Advisement: Paul & Margaret Plisinski 505 Forest St. (Raymond Vivenzio and John Pallone did not sit on this petition). -2 A .. The Plisinski `s are requesting a variance, and as the petition is under advisement there can be no further evidence presented tonight. The Board has agreed to bring in a vote at tonight's meeting. Chairman Sullivan explained that he visited the area in question and viewed the wetlands. The Board discussed the petition relative to the request for a variance. Upon a motion made by Walter F. Soule and seconded by Robert Ford, the Board of Appeals unanimously voted to grant a variance of 61.24 feet of frontage on Forest St., for Lot #1 as shown on proposed subdivision sketch by Applewood Survey Company, dated June 3, 1998 for the following: 1. That the total existing lot of 5.15 acres is shaped oddly in that frontage on Forest Street equals 288.76 feet and that rear lot line equals 607.51 feet. 2. That a wetland existing of 72,862 sq. ft. (1.67 acres) is across the two lots. 3. The issuing of this variance is not more detrimental than presently existing. 4. That only one single family residence may be built in the uplands area of Lot #2. 5. That any access to Lot #2, as shown on proposed subdivision sketch by Applewood Survey Company dated June 3, 1998, to utilize upland access to this Lot #2 shall be over adjacent parcel of land Lot #1 by easement, covenent, or common driveway, to avoid filling of wetlands, as shown on above reference drawing. (Reference Michael Howard's, North Andover Conservation Administrator, memo to Zoning Board of Appeal dated July 1, 1998). Voting in favor: WJS/WFS/RF/EM/GE. Continued Public Hearing: Maureen J. Joyce 94 Main St. for premises at: 357 Rea St. Attorney Joyce was present to represent his client (Mrs. Joyce) and himself. Atty. Joyce presented a plan to show the girth of the lots located on 357 Rea St. He also submitted a letter to the Board to show the way lot #1 and # 2 are divided and backed up this information with a plan of land revised and dated 8/19/98 (for the record). There was further discussion between Atty. Joyce and the Board relative to the request for a variance and Chairman Sullivan advised Atty. Joyce to go to the Planning Board first and suggested that he and the Planning Board agree to allow Atty. Joyce to put in a culdasac instead of dividing up the land the way Atty. Joyce requested to do so. Atty. Joyce said that he did not agree with this suggestion. Robert Ford asked Atty. Joyce for more clarification regarding the variance request from section 7.2.2, and asked why he didn't ask for a straight variance from section 7.2 instead. Chairman Sullivan asked if anyone was present in opposition. Mrs. Fay Averka, Abbott Street abutter, spoke in objection because of a wetlands problem she feels is affecting her property as it abuts Atty. Joyces' property. Mrs. Averka went on to say that she understood that an original decision was made years ago allowing Atty. Joyce to build only one house and she objects to his request to build two houses and a common road. Mrs. Averka also objects to the request to build a common road because it would be too narrow and would not work out. Joe Averka spoke of a legal notice and decision made when Frank Serio was on the ZBA Board approximately 14 years ago. Chairman Sullivan addressed the Averka's concerns relative to this matter. At this point, Atty. Joyce asked for the time constraints to be waived to allow some issues to be addressed in time for the next ZBA meeting. Atty. Joyce also suggested that his petition would be only one of many more to come in front of the various Boards in town and that because of this he would like the Planning Board and Conservation Board to talk and discuss this particular type of issue. Robert Ford made a motion to direct the Chairman of the Board to meet with the Planning and Conservation Board to discuss the issue of the proper procedure with regard to Rea Street and more generally with provision 7.2.2 of the bylaw and to continue the hearing until next month, 2nd by John Pallone voting in favor: WFS/RV/RF/JP (William J. Sullivan abstained from voting). (At this point Raymond Vivenzio and George Earley left the meeting for the evening). 3. Public Hearing: Robert & Theresa Losco 32 Rosedale Ave. Robert Ford read the legal notice. Robert & Theresa Losco are requesting a variance from the requirements of section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback and rear setback and for a Special Permit from the requirements of section 9, P 9.2 to construct a 2nd floor level above the existing level for the addition of 3 bedrooms and a bath on a non -conforming lot. Chairman Sullivan asked who was present to represent the petitioner. Robert Losco was present to represent himself tonight. Theresa Losco spoke in favor of this petition. Chairman Sullivan asked if anyone was present in opposition, no one was present. Chairman Sullivan visited the site and all of the homes along Mr. Losco's street/area all have 2nd floors on their homes as the square footage would be allowable to do so. The Board reviewed Mr. Losco's plans and agreed that the square footage was in order. Chairman Sullivan suggested that the Board grant the variance and special permit request tonight. Upon a motion made by Walter F. Soule and seconded by John Pallone, the Board of Appeals voted to grant a variance requested from the requirements of section 7, P 7.1, 7.2 & 7.3 for relief of lot area of 15,568 foot, street frontage of 50 feet, front setback of 1 foot, right side setback of 10 feet, house side setback of 4 feet and rear side setback of 4 feet and to grant a Special Permit from the requirements of section 9, P 9.2 to allow the construction of a second floor level above the existing level for an addition of 3 bedrooms and a bath, on a non -conforming lot, with the condition that the existing garage be removed, in accordance with the plan of land dated 8/7/98, and prepared by Scott L. Giles, Registered Land Surveyor. Voting in favor: WJS/WFS/RF/JP/EM. Public Hearing: John J. & Gail E. Munro 105 Middlesex St. Robert Ford read the legal notice. John & Gail Munro are requesting a variance from the requirements of section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback, side setback and rear setback and for a Special Permit from the requirements of section 9, P 9.2 to construct a garage on a non- conforming lot. Chairman Sullivan asked who was present to represent the petitioner. John Munro was present to speak on his own behalf. He explained why he wanted to construct a garage and what his hardship was relative to the request. Chairman Sullivan asked if anyone was present in favor of the petition. Julius Pierog, Middlesex St. spoke in favor of the petition. Chairman Sullivan asked if anyone was present in opposition, no one was present to do so. Mr. Munro discussed the plan with the Board and Walter Soule asked what Mr. Munro's intent was toward the stairs and also what would become of the pre-existing non -conforming structure. These issue would be addressed within the wording of the decision. Upon a motion made by Scott Karpinski and 2nd by Walter F. Soule, the Board of appeals voted to grant a variance for relief of lot area of 3,610 feet, relief of street frontage of 0.29 feet, relief of front setback of 7.9 feet relief of side setback of 11.8 feet, relief of rear setback of 27 feet, and to grant a Special Permit from the requirements of section 9, P 9.2 to construct a garage 24' x 24' with the condition that the proposed 2nd floor garage area be used only as storage and not to be used as living space and that no utilities other than electricity be allowed in the garage area, and with the condition that the existing garage be removed, in accordance with the plan of land dated 8/5/98 and prepared by S.E. Cummings Assoc, Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: WJS/WFS/RF/JP/SK. Upon a motion made by Walter F. Soule and 2nd by Robert Ford the Board voted to adjourn the meeting at 10:05PM. NIl/septmtg W E 1111 co T � 0 N Q T T- 1 0 O Cfl 1 11 00 C 1 Q 1 11Ll li N N C O CIO W i T L cu 0)U iE co LO 1q' co T � 0 N Q T T- 0 T X L-00 0 O Cfl E Ob OD 00 C Q C� G O Z I I? d' N U) It OD T ,- O ^� i Q T T- cn�0CF) °' X i r cA > pp C a0 (o (D �o < 2 : �-c c r- 0 0 �zI�IL c cz n i L p _ O U- r L V L 00 rn 0) Q T J a!4 5 TOWN Ci_�R�• , a NORTH ANUOVRR S 53 Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS ; BOARD 'OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE i Y r Applicant J00- -J MuN,eog A. -o GA,L� E MuoU Address 105 Moot,&Uv-S,rz�. /Uo&ry AN00✓6,e- mA o,s,,4S Tel. No. `-�-r 6g-7 Yogi 1. Application is hereby made: a) For a variance from the requirements of Section Paragraphs and Table a of the Zoning Bylaws. b) For a special Permit under Section 9 Paragraph of the Zoning Bylaws. t c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered 'IDS M i M -6-5&y- Street. r b) Premises affected are property with frontage on the J North (J) South ( ) East ( ) West ( ) side of AA iDDLe sty- Street. s Street, and known as No. 1 00zc SE.�c Street. c) Premises affected are in Zoning District , and the premises affected have an area of 97qQ square feet and frontage of `tR• -1 feet. 5 of S Rev. 06.05.96 6. Description of relief sought on this petition Seor SE76per, P ---A& S6T8A1-K, F90,7- Se`rBACK STRt-ET. FAO"rA46, LOT , ime,,,s,oN Ae� -A 7. Deed recorded in the Registry of Deeds in Book i380 Page z -SS Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) 1 TE cuN,QE.vr BuI�O�.�� I5 /,4 01SFFlIIit . Lw�%N THFOm2FAtt:.,.eG dr -A)- 4de'- AO.e- vNAeef Ta SEcwAe PDS5ESSIoNS% Ale A/&6 -O AoDi rto.-AL- GARAGE SPACE 770 5ctcel.dz- Two J6NeCLe-S ASO /VEEP AdOen0,-AL Srof-AdC- SPACE, WE 86C16Vd T1/Yr CO.-S72oG7--K 'i14& e&PeACEAAdWr GAXA46 /ti 7140- SA A1<- t-OCAMoe- AS .-,4 CQAA4C- Witt NAVE 7-14E LEAS , eMPAe=T oN 714E AmjACGr-+•T /J6-1GN 60A.1�+0 e,4AA4We- THL- APPe-AR-A"re:e, , I agree to pay the filing fee, advertising in newspaper, and. in ental enses* �3 kezLL�4----J Signature cf Petitioners) 3 ,y 6 of 8 Rev. 06.05.96 P 3. Ownership: a) Name and address of owner (if joint ownership, give all names) JO NN J M IJNRp --LT-- Ae40 C A IL t MUN40 i Date of Purchase 31 J -,--i 011 Previous Owner MAP -4 ✓EQRE.9v4.rr i. b) 1. If applicant is not owner, check his/her interest a in the premises: Prospective Purchaser Lessee Other. .r 2. Letter of authorization for Variance/Special Permit required. r 4. Size of proposed building: Z4 front; ?�feet deep;t s Height Z stories; Z2- feet. x a) Approximate date of erection: ASAP b) Occupancy or use of each floor: Sr CAPA4` c) Type of construction: 5. Has there been a previous appeal, under zoning, on these premises? AJo If so, when? 6. Description of relief sought on this petition Seor SE76per, P ---A& S6T8A1-K, F90,7- Se`rBACK STRt-ET. FAO"rA46, LOT , ime,,,s,oN Ae� -A 7. Deed recorded in the Registry of Deeds in Book i380 Page z -SS Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) 1 TE cuN,QE.vr BuI�O�.�� I5 /,4 01SFFlIIit . Lw�%N THFOm2FAtt:.,.eG dr -A)- 4de'- AO.e- vNAeef Ta SEcwAe PDS5ESSIoNS% Ale A/&6 -O AoDi rto.-AL- GARAGE SPACE 770 5ctcel.dz- Two J6NeCLe-S ASO /VEEP AdOen0,-AL Srof-AdC- SPACE, WE 86C16Vd T1/Yr CO.-S72oG7--K 'i14& e&PeACEAAdWr GAXA46 /ti 7140- SA A1<- t-OCAMoe- AS .-,4 CQAA4C- Witt NAVE 7-14E LEAS , eMPAe=T oN 714E AmjACGr-+•T /J6-1GN 60A.1�+0 e,4AA4We- THL- APPe-AR-A"re:e, , I agree to pay the filing fee, advertising in newspaper, and. in ental enses* �3 kezLL�4----J Signature cf Petitioners) 3 ,y 6 of 8 Rev. 06.05.96 Side Setbacks) 3 Is, F7 3.L ��14F1f )Fr 11.E F7- Rear rRear Setback 3 0 Z7 FT f } Special Permit Request: n ` 1 •x Y EX ISTii�S /% O,, -J CjFG7M /N4� t F . 7 of 8 Rev 06.03.96 S ' ;i r ' 4/1 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: 4' g i Required Setback Existing Setback Relief j. or Area or Area Requested •r _ � Lot Dimension Area 12 sOv 36►0 Street Frontage /00 FT 9q.41 Front Setback O C� 2,2 .1 F T 71 F-, Side Setbacks) 3 Is, F7 3.L ��14F1f )Fr 11.E F7- Rear rRear Setback 3 0 Z7 FT f } Special Permit Request: n ` 1 •x Y EX ISTii�S /% O,, -J CjFG7M /N4� t F . 7 of 8 Rev 06.03.96 S ' ;i 1 f LIST OF PARTIES OF INTEREST PAGE 1 PF 2 1 SUBJECT PROPERTY MAP PARCEL NAME ADDRESS { 34 JoN, J MV^JO-0 IGIL E MuNQ_o ! ioS Mio.Oc&m4 S?- A?o ANDoJI- "-4 di81(j i ABUTTERS MAP PARCEL NAME ADDRESS 31 ZO DENN IS L W2jZ1� Doe-oTvy R Quo-L.e.4- 19 M—m- ST Ijo ANDovet MA o/$qS .JA. W NADDl.&je /VIrGNAc<< OrCON�+o'C 2� M�L,�., S7 Nr/ NDoJt� sAA O/BY�SY 31 31 30 33 MAP-,( M C44LjAai4 14 omcA +� FAN e -,e I -3 M', LTUN ST �A� G�q � 1 f I "'-AS J LICGA�F�a MAItlyn, C_4,ce A.o1`UO \ ( �"1�01�LE$CK �f [A� tic A" Do✓C.k M/1 A"Pe u- MA OISYS Olsylv 31 315- rr< ILLIA,,•u 0 iou"4 IXA411, J `400,14 u2, Miooc6scx sr /vo AN.Dova- MA oiF`fT"' Zo 22- Vl-yAj A n% -i r_c JE•N,J 1F44 M Ar r<t i 12Z A,j MA d, ir4i w Z3 i-tr-kq _o E CAf-D I MrDOcFS�X Sr /�io ANDoJa- MA O"rSYS' 20 zq JULIU5 R- PrE!-0c /MW, E i".P-o i 1O`f �d r Dpc�s�t Sr Ma A,-.o,,Iej MA o'i 81flr Z3 2s JULIUS � Pic�o4 MAky E-�rF� � 10� MrDQCCSc�� S; 1Jo ANoo�a-MA oi8`fS zv Z% M,4.p-,( E- DC14.J 98 x41 oDc- sF-, -Sr MA' o/ $,fr i i i I i i i i ED C_ERTIFIED BY: DATE _ ASSESSOR'S OFFICE Rev. 06.05.96 a ut o 5 of 8 Rev. 06.05.96 //s�yynn �j Ii Q1i'h� �`�4 I;it1.G AUG 6' I, 53 A Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS ; BOARD OF APPEALS APPLICATION FOR RELIEF°FROM THE ZONING ORDINANCE Applicant JoNN -1 MVNR4- Af"D 6.4— C lAvN.ei Address 10S M1004&k--� Sr 4� No2rN /7ND0✓ MA o,V`(S Tel. No. 93-r fos'7 Yogi 1. Application is hereby made: a a) For a variance from the requirements of Section Paragraph? i► & '7 3 and Table a- of the Zoning Bylaws.:, b) For a special Permit under Section Q Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for.review of a decision made by the Building Inspector or other authority. ✓ 2. a) Premises affected are land and building(s) numbered IDS M i Olke-scyc Street. b) Premises• affected are property with frontage on the North (J) South ( ) East ( ) West ( ) side of %ti kDDL&Sc-� Street. Street, and known as No. 10, SFK Street. c) Premises affected are in Zoning District r�'`i, and the premises affected have an area of S'FqO square feet and frontage of `t7•11 feet. 5 of 8 Rev. 06.05.96 The principal points upon which I base my application are as follows: (must be stated in detail) "7-j44- COXA-- rr S i s. D iN G Is i,J D i S l -FPA iQ , Cw n4 -Tru- Dcb/L PA t�L,^z ar-f, . 4d e AO -c- "-ABIf 'Ta SEcv,2E 4005.5C55I0N5. WE AJ6e-0 AAJI rto.�Ac. GARAGE SPACE It) 7ZOO Nf&s 4 0 CLE -S AND /V6E-O ADOi rlONAL Sr04-Ae.6 SPAee. WE 496tiEV6 71-1AT CO.-�ST¢uGT. 'jlie-- RX-Pe.ACEAAfjNT C14AA4C /^-i THG SAi+ & LOCA%1o" AS 7-,4,- c-AtSn,--J CQfZA4e- c i&L- MAdE '7'FiE 1 -EAS � lMPAGT ON TiiE l+�.JAGE-r+T /�.�El4H 80� /i�+0 1,uP.@alYc� 7"Hc� APP�11-A�G6 , I agree to pay the filing fee, advertising in newspaper, and. incidental «enses* Signature Rev. 06.05.96 ��t e-_ Petitioners) 6 of 8 ti 3. Ownership: a) Name and address of owner (if joint ownership, give all names): �. . JoNN J M LJ^J" JZ A,jD C A iL t MUNko i1 Date of Purchase 31 Ju -y IT�9 Previous Owner AAM ✓EWRZGAv«. b) 1. If applicant is not owner, check his/her interest in the premises: ' Prospective Purchaser Lessee Other r 2. Letter of authorization for'Variance%Special Permit required. 3, 4. Size of proposed building: 24 front; ?� feet deep, r Height z stories; Z2 feet. ; a) Approximate date of erection: ASAP , b) Occupancy or use of each floor: sr GA?�i44~O �To@A44` '" c) Type of construction: 0000 F"Mc- r'a �z5E E: 5. Has there been a previous appeal, under zoning, on these premises? If so, when? 6. Description of relief sought on this petition S,oF SFTboct, RtA� S6T8AGK , F46"7- SETBACK . STk-SET. FAO"TA46, Lor AeL--A 7. Deed recorded in the Registry of Deeds in Book 0490 Page zS8 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) "7-j44- COXA-- rr S i s. D iN G Is i,J D i S l -FPA iQ , Cw n4 -Tru- Dcb/L PA t�L,^z ar-f, . 4d e AO -c- "-ABIf 'Ta SEcv,2E 4005.5C55I0N5. WE AJ6e-0 AAJI rto.�Ac. GARAGE SPACE It) 7ZOO Nf&s 4 0 CLE -S AND /V6E-O ADOi rlONAL Sr04-Ae.6 SPAee. WE 496tiEV6 71-1AT CO.-�ST¢uGT. 'jlie-- RX-Pe.ACEAAfjNT C14AA4C /^-i THG SAi+ & LOCA%1o" AS 7-,4,- c-AtSn,--J CQfZA4e- c i&L- MAdE '7'FiE 1 -EAS � lMPAGT ON TiiE l+�.JAGE-r+T /�.�El4H 80� /i�+0 1,uP.@alYc� 7"Hc� APP�11-A�G6 , I agree to pay the filing fee, advertising in newspaper, and. incidental «enses* Signature Rev. 06.05.96 ��t e-_ Petitioners) 6 of 8 ti Y DESCRIPTION OF VARIANCE REQUESTED. r a.. ZONING DISTRICT: �- Required Setback Existing Setback Relief. or Area or Area Requested l ` ! Lot Dimension e Area ,.. 12 ,SOo �2 � � qo �, Z 3 � �o z• '�� Street Frontage !00 FT 99,-4 i0.211 pr Front Setback Fr 2,2.1 Side Setback(s) I S F -r Rear Setback 3.2- �Qi4wrJFr I i.q 177- Rear r 3 o it . F 7 i•j}� Special Permit Request: ^J C, AJrevC4oeJCCDr-M /^-/� a 7 of 8 Rev 06.03.96 r LIST OF PARTIES OF INTEREST PAGE 1 PF 2 I SUBJECT PROPERTY MAP PARCEL NAME lAODRESS 31 34 J MUNeo 4AIL E MVN11.O V I IoS mowe-&-�L7C `S% ` ABUTTERS MAP PARCEL NAME iADOREESS 31 ZS (i /� I �ILTON ,-r-do 06N,v Is 1 C�oQl�ce D.,RXTt,-y „ QI UCLIet, n ANbovc4 MN -3 ` JA.&S W NADpe�,tJ�L IMI"Ae-I d(O .n AAAA 3'1- 31 30 33 MAP-,( M C4u4cH ST I140mASJ L--CIA•{/-01ECCo A'Ioltl/n1 '-4Ic1ADECto q'q Mtoou-i"Sr loo ANDoJC-k MA t -I ANpo✓ey- MA o/�YS OId`tom 31 3 S IJ1u IA, 0 Tou,46 y-Ak�.., J `iou"4 1//Q 113 mopce- E,- ST A)o Anl.00v"- MA of s"fc, zo zz Q�yn� A L.0 JENN I Fkt M Ar Ill ,/ i ZZ M ,ODe 20 2-3 KICNACO ECAP—D ✓ ! II`� M /jo AN Dove�- MA o,SYS,e 20 ZqJULIUS lN#Y E P".P-oq1 ✓ jto-C fU I D,QLI�SEs� .ST /��1 /l�0 �NDO�J�. M A O�l•�YS Z0 2S /��IE� Ju'-lu5 f- Pt&�—; /Mq" EPiE,I IOC NIIQpLC-SF„� S, No AMDovet- MA o/8YS1 Zv 2-(. M,4 k y E- b ---A,,1 ✓� 98 M 00 s�,c ST /bio AN Do ✓NL m A o / s if I , i i i I 1 i i .. i i 00 CERTIFIED BY: DATE ASSESSOR'S OFFICE B I Rev. 06.05.96 V V. V 11 n v c�-ht�l•n: � i 36 ✓ �✓� 'L �� � '. g4�yr k. .. f, 4 3 n v c�-ht�l•n: � i 36 k. .. f, 4 SEE PLAT N0.30 7 �k. r O ,b�ma e,,y 0 n o x o - z7 N N 0 Ctl N.A ^q sa 30 od