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HomeMy WebLinkAboutMiscellaneous - 12 AUTRAN AVENUE 4/30/2018 (2) / I AuTRAn Amm4E 1 WIC M I i v RECEIVEn. POR jO'd4 til_fI2K �. t NOR11i pass T li Any c'in J J2 �'/,�I i,, �_, f,^�M "l��n'• :��� ����w��� Jai I'` 10 23 datc c. �i. iig uJ i;r':; f:;�trce TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION Paul S. Connors 18 Autran Avenue jute . January. 11,,. .1989. . . . . . . . . N. Andover, MA 01845 Petition No.. . . Date of Hearing. . ,January. 10.,. .7.9$9 Petition of . .Paul .S. .Connors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .IX . .Au.tzan .Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Referring to the above petition f caMMWUM Party.Aggr.eiued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • =.=Aoxpennit .f.or .a. rev.iew.of. a. decision. made. by. -the .Building.Inspector.and •other authority on the premises located at Lot 3, Autran Avenue. After a public hearing given on the above date, the Board of Appeals voted to DENY. . . . . . . . the Party Aggreived VOTED that the ��rl�h�[X9��blt3�Xi�C�4l4kiftiRX]�t1�1��IC8YX�SCXg Board make a determination that *the original Building Inspector s decision be u he d on the grounds that the size of the existing structure falls within the setback'var3ances'granted'do th6 -dtig'irial 'decisidii'df• the 'Board' of " " August, 1985. �xbassdxgzx Signed Walter Soule, Acting Chairman . . . . . . . . . . . . . . . . . RaymondVivenzio n Anna O'Connor K' Louis Rissin . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . �[ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o2J Board of Appeals �1 jt 1A 23 � egg of the C r. JAR JZ in TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Paul S. Connors * Petition 128-89 18 Autran Avenue * N. Andover, MA 01845 * DECISION * * The Board of Appeals held a public hearing on Tuesday evening, January 10, 1989 upon the application of Paul S. Connors as a Party Agggreived for a review of a decision made by the Building Inspector and other authority on the premises lo- cated at Lot 3, Autraa Avenue. The following members were present and voting: Walter Soule, Acting Chairman, Raymond Viveazio, Anna O'Connor and Louis Rissim. The hearing was advertised in the North Andover Citizen on December 1, 1988 and f December 8, 1988 and all abutters were notified by regular mail. • Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted usly, that the original Building Inspectors decision be UPTEI.D on the grounds that the size of the existing structure falls within the setback variance granted in rba original decision of August. 1985. The Board finds that this decision will not adversely affect -the neighborhood or derogate from the intent and purposes of the Zoning ByLaws F , Dated this 11th day of January, 1989. f BOARD OF APPEALS t Walter Soule Acting Chairman j /awz , ' AT=ST.l A Trd•C4" Town Comic Received by Town Clerk: 1 i 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS 7M: �i APPLICATION F R RELIEF FROM •rue RE IREMEN' $ OF TII NI OHM yANCi:. Federal Deposit Insurance CorporMion c/o °heo�core �, Regnante, Esquire by RECOLL Management Corporation Regnante, Regnante, Sterio & Osborne under POWM OF Attoinelp! Applicant AJJrcnr. Fccax PntpPeabody, MA Op-I've 1. Application is hereby made: • a) For a variance from the requirements of Section 7 Paragrapi,7.1, 7.2, 7.3 i 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 arc land X and buildings) X numbered 2 Autran Avenue Xft**&U . b) Premises affected are property with frontage on titre North ( ) Souttr ( ) East ( ) west ( ) side of Autran Avenue q , and known as No._U_8UL[dn Myenue ' A C) Ptemiscs affected arc in Zoning District, arid ttre premises affected have an arca of�000 _square feet and frontar;c of n feet. Yrb 3. Ownership ! ~''' -'o © a) Name and address of owner (ifoint ownership, 7 p, a 11 Federal DgDOSit Insurance Corporation ," '= ames MccATo�on— `w Date of Purchase 10/30/91_ Previous Owner l_ouiS H. M -Aloon by Foreclosure Deed b) If applicant is not owner, check Iris/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4.t Size of proposed building: front; feet deep; " Height stories; Lcet. a) Approximate date of erection: b) Occupancy or use of each floor: C) Type of construction: 5. Size of existing building: * irst floor 11cighG stories; i. econd floor a) Approximate date of cicctior b) Occupancy or use of. each flc C) Type of construction: Wood G. Has there been a previous appeal Yes If so. wlien 7J.9B5_1W6 f 7;' Description of relief souglst on this petition ,lfdriance as to Lot area•, street cc frontage, and side yard set back to permit e e remain...i;n .; . its present location size and shape cons istin&' of 24x44' or in the alternative* 8.• . Oeed recorded in the Registry of Deeds in Book Page r Land. Court Certificate No. Book Page : The principal points upon which I base •my application are as follows: (must be stated in detail) k 'See attached Continuation Sheet .CI agree t pay the filing fee, advertising in newspaper, and incidental expense , . ature of Fat-DE-N7 , ,. , Every application for* action by the Board shall be made on a form approved ;by-the Board. These forms shall be furnishes) by the Clerk upon request. , Any communication purporting to be an application shall be treated as more ' ! notice of intention to seek relief until such time •as it is .made on the ' official application Corm. All information called .for by the form shall be furnishes) by the applicant in the manner therein-.:prescribed. It ! '•!t �.' tEvery-application shall be submitted with a lizt*of "Parties In Interest" • -which list shall include tile petitioner, abutters, owners oC land directly :opposite on any public or private street or way, and abutters to .the . ;abutters ;within' three hundred feet (300• ) 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. i=''>�• '!Every application shall be submitted with an application charge cost in - :the amount- of $25.00. In addition, the petitioner shall be responsible :for any and all costs involved in bringing the petition before the Board... .' Such- costs costs shall include mailing and publication, but are not necessarilY.- limited to these. hj Every application shall be submitted with a plan of land approved by tl,e .•'�1�'. Board. No petition will be brought before tlse hoard unless said . p g plan has been submitted. Copies of the noard's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. l LIST OF PAIPPIES IN INTEIIEST : ..; *.to modify the variance granted in 1985 Petition No. 50-85 to provide that a sing" family residence in the size of 24' x 44' may be constructed. CONTINUATION SHEET The 24'x44' structure which currently is located on the property was constructed in good faith pursuant to and in reliance on a variance granted in 1985 and a building permit issued in 1986. On August 15, 1985 the Board of Appeals on Petition Number 50-85 attached hereto as Exhibit "A" granted a variance under Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the zoning by-law so as to permit a variance on the subject property as to lot area, street frontage and side set yard set backs. The decision provided that (1) only a single family dwelling may be constructed thereon; (2) the existing garage on the Bower lot must be demolished prior to the issuance of a building permit; (3) the side set back of the dwelling should be 15 feet on the west side; and (4) the rear set back of the dwelling should be 25 feet. The structure now completed complies with the conditions of said decision (plot plan attached hereto as Exhibit "B") . On January 11, 1989, the Board of Appeals on a review of the prior decision voted that the original building inspector's decision be upheld on the grounds that the size of the existing structure falls within set back variances created on the original decision of the Board of Appeals of August 18, 1985 (see Decision 28-89 attached hereto as Exhibit "C") . Subsequent to the issuance of the building permit, the Land Court issued an Order stating that the variance should be construed as permitting only a structure with the dimensions of 28'x30' and that the building permit was issued in violation of zoning. The final Order issued after construction of the structure had been substantially completed. The prior owners of the premises defaulted on a mortgage to an institution which has been taken over by the Petitioner. Petitioner foreclosed the mortgage and became the owner of the property in 1991. The property consists of an undersized lot of 5,000 square feet with 50 feet of frontage and was laid out on a plan dated October 22, 1920 and recorded with the Essex North District Registry of Deeds on November 20, 1920 as Plan Number 406. The size of the Lot and the nature of the existing structure are conclusive only for use as a single-family residence. Removal , demolition or substantial alteration of the structure would be costly, detrimental and constitute hardship to the Petitioner. The structure was constructed in good faith reliance in accordance with the variance and building permit. It is the Petitioner's contention that the structure as built complies with the Board of Appeals' decision in Case Number 50-85 but that additional relief from the Board of Appeals is required under the Land Court decision and the Petitioner therefore requests the modification of the prior variances to allow a structure of 24' x 44' . EXHIBIT "A" EXHIBIT "B" it 10L4N OF L4ND . i /N ,F.. r' NO. ANDOVER. MASS: ` Some ,'- ra N 1T . A1ifliNY,T. ,011 NOW AMWAM797 AC 414 440,MM 44o AW4MWS cnPrsr nMr ra►wn�epv a toa►m ar n w+aorw wr s+v t ,nw,ram annrr a o ! AMT AStf P VAKi AW A01 l/F 00 M A M IM�ND AM/ AAP Y/AS S7A7�N �� AY/101JO dY6tNNL7�lVB SW Q�MAi/1r P1Mti APAMW 9SA?AC Op{!A are Am 14 ,ARIosw SES' BMW OF APPMS MaS/ON 04SF ; 6ta4N AW!�W AAPMs xry max --------------------- _ cast ------- --------------------- � --------------------- Alt tar Q9vaww er AVTLOlm YARIAftT FZA"Or 9.,L. EJZM a4M �V r t4 JAW ' XUALM Ac AW AUTRAN A VENUE 6th. �SrarD MM AM it t �M UNW A t — cawm S JU" aw4a S i ml mw wpP mw LOT A f' S,OQO S.F. ZON£ P-4 -, L v b .nad w� t191 owaw!ep�wsuell x81 Pp�4 mil-mod _—E/T'd—.--- - --• —.—_-----. --- 9NI2133NI`�'N3 53�.HH 6b:6F1 E5, RL �a EXHIBIT "C"