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Home My WebLink AboutMiscellaneous - 133 AUTRAN AVENUE 4/30/2018 / 133 AUTRAN AVENUE U•B l 210/045.D-0006-0000.8 � �I I i ..Oec owe 133- 135 AurrRAQ Av-c. i E• I f 4 f I k y i QKford MW .!,w csscIN. MADDIN U.S.A. '0 O I / 6 �7 I I. Legal Notice <owN of•, f NORTH ANDOVER 1 BOARD OF APPEALS. . NOTICE 3 est. .• t F A CHUSE� August 24,1984 'Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North' Andover, on Monday evening, •the 171 i `day of September 1984, 'at 7:30 o'clock to all parties interested in theappeal of RICHARD AND CHRISTINE PINEAU AND LOR- RAINE BECOTTE requesting a variation of Sec: 7, Par: 7.3 & Table 2 of the Zoning By Law so as to permit relief Gni the rear, yard se)back requirement .td�, I allow the continued existence of . a two-family, dwelling on the premises;`'@datedat;,133.135 Autran Ave..' By Order of the Board of Ap- peals. Frank Serio Jr Chairman . Publish N.A.Citizen:'August 30 and Sept.6,1984 z25 aau; tORTy� '�y�ACHu9 X44• ��tfft TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE August 2 4. . . . . .19. 8 4 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .KOnday. . . evening . . . . . . . the .17thday of . . . S.eptemb.er. . . . . . . 19. 8.4, at.7:.&lock, to all parties interested in the appeal of RICHARD. AND . CHRISTINE. RZNE.AU. .ANp.,.LQRRAINE. BECOTTE requesting a variation of Sec.. . . .7 . Par. . . 3 . of1the Zon ng By Law so as to permit. . . relief. ,from the rear yard setback .requirement .to. .allow. .the .cont nued existence -of. -a two-family. .dwelling. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . . 133-135 Autran Ave . . By.Order of the Board of Appeals By: Frank Serio, Jr. , Chairman Publish: Citizen: August 30. and Sept. 6 , 1984 Send bill to: Atty. Andrew F. , Shea, 2 Punchard Ave-, Andover,,,Mass ., 01-810, y ya•: , RECEIVED o �oo►""re o� Any appeal shall be filed DANIEL LONG .l3•, TOWN CLE K a;: AFMIL711 :PC 0 within (20) days after the NORTH ANDOVER18.55 . . •4'• date of filing of this Notice - +►SSACHlS9� ♦ in the Office of the Town SEP 1139 AWN TOWN OF NORTHANDOVERClerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . jSeptember.;2$.,. . 1.9.84 Petition No.. . . . . .4 5:7,'.a A . . . . . . . . Date of Hearing. . .Segtember. .1.7., 1984 Petition of . . . . Lorrane. :Becotto nd Cook•Terry . . , . Rlchar.d,. and. Chris ti.ne. .Pin.eau .a Premises affected . . .133.-13.5. .A:utr.an. Ave... . .:. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the 'requirements of the . . . Zoning. By, Law Section 7, Par. 7. 3 and Table 2 so as to permit . . relief from the rear setback requirement, to. allow, the, continued existence of a single family dwe.11i .ng.. ... . . . ... . . . . . . . . . . . . . . . . . e ab f'Appeals vot Grant . . the After a public hearing given on th ove date, the Board o ed'to variance xi . . . d4mebgx a=xbhH Akx bngxlmpe�rxf<oxi x k f �l ��#f xafxt��z�t) r s, based upon tlie•follbwiilb conditions: 1. That theshed be mpved so,,, that °it is five feet from the rear and side lot line; ' Signed Alfred. .E. . .Fri.zeIle, .Es.q . ,. -Vice. Chairman Richard .. .Trepanie.r, . Esq.,., . Clerk William .J:. .Sulli.van. . . . . . . . . . . . . . . . Augustine. .W. 7N c drson. . . . . . . Walter. .F . . .Soule. . . . . . . . . . . . . . . . . . . . . Board of Appeals , 4 _ RECEIVED DANIEL LONG Of k0RT#f 1ti TOWN CLEAR o: ,,�� ',. Any,.- am_ fhb � 90 NOR i H ANDOVER '" p Within Q20D days aftr the '.° date of filing of this Notice SEP 39 in the Office. of .tNQ SoWrX ..---- - ,SJACMUS�t , •£ler TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF- APPEALS September 28, 1.984 Mr . Daniel Long, Town. Clerk. Pineau, Becotte, and Town Office Building , ''Cook 120 Main Street 133-135 Autran Ave ., North Andover , Mass . 'Petition No. 45- ' 84 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, September 17, 1984 upon the application of Lorraine Becotte, Richard and Christine Pineau, and Terry Cook. The hearing was advertised in the North Andover Citizen on August_30 and September 6, 1984 and all abutters were notified by regular mail . The following members were present and voting: Alfred E., Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq . , Clerk; William J. Sullivan; Augustine W. Nickerson; and Associate Member Walter F. Soule. The petitioners seek a variance from the provisions of Section 7, Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the-.-rear yard setback requirement -to allow the continued existence of a two-family dwelling located at 133-135 Autran Avenue, located in the Residence-4 (.R-4) zoning distict. Counsel for the petitioners testified that the dwelling was constructed in 1975. The Pineau' s and Becotte ' s purchased it in 1976 when plot plans were not required to. convey property. Two - decks ,were added to the original structure. No building permits were issued, for the decks . Mr . Cook is now purchasing the premises and the plot plan drawn for the conveyance revealed the violation of the rear setback requirement . The petitioners did not create the violation and denial of the variance would create a financial hardship to the petitioners . Further testimony revealed that there is a shed on the property which does not meet the setback requirements of the Zoning By Law but which could be moved to meet the requirements . No one spoke in opposition to the petition and one neighbor spoke in favor . s. Pineau, Becotte, and Cook RECEIVEDDANIEL. LANG 133-135 Autran Ave . TOWN CLERK _-*UT-H ANDOVER September 28, 1984 0 Page 2 SEP ZS 11 30 AN X84 Upon a motion made by Mr .' Tr`epanier and §,,eeonded by Mr . Sullivan, the Board voted unanimously to ' r,ant, the .,variance .as, requested with the condition. that, the shed be removed so., that, it is five feet from the side and, rear ;lot lines . , In granting the vari.ance, ., .the Bo,ard ,finds .that .Se-ction' 10. 4 of the 'Zoning By Law has been satisfied.' In. particular , ' the ' Board finds that a .literal enforcement, of,,,:the-. provisions of the By Law would petitioner and ;tYia,t desirable relief may create a hardship to the be granted without ' nul.lify.i.ng or ' substantially. derogat.ing from the intent and purpose of the By Law. and, .without detriment to the public good . Sincerely, BOARD OF APPEALS Alfr_ed-.-..E,_..Frizelle, Esq. , Vice Chairman 7w . _ Of HORtN ��tao.•1'r Received by_ Town Glerk : �� ` Date : TOWN OF NORTH ANDOVER, MASSACHUSETTS • o, ri BOARD OF APPEALS . aTime : %41EV i This application must be typewritten tiOR HA AAlIlO�ER APPLI �T-I F R 14( FfOMTHE 'EQUIREMENTS OF THE ZONING ORDINANCE qg Ric andA. Pineau Ce n au (Owners) c/o Greeley & Shea Applicant Terry E. Cook (Prospective Purchaser) Address Punchard Ave. , Andover, MA I . Application is hereby made (_a ) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning By-Laws . (b ) ( 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 133-135 Autran Avenue ( b ) Premises affected are property with frontage on the. .No..r.th ( ) South ( x ) East ( ) West ( ) si de of Autran Avenue Street , and known as No . 133-135 Autran Avenue " � X ( c.) Premises affected are in Zoning District R-4 and the premises affected have an a.rea of 13,000. square feet and frontage of 130' feet 3. Ownership {aName and address of owner ( if joint ownership , give all names ) : Lorainne C. Becotte, Richard N. Pineau, Christine M. Pineau Date of purchase 10/18/76 Previ-ous,: Owne-r..Arnold..C. & Grace M. McNutt ( b ) If applicant is not- owner , check his interest in the premises : (-Terry E. Cook) X Prospective Purchaser Lesee Other (explain ) 4. Size of proposed building : . front ; feet deep ; Height stories ; feet. NOT APPLICABLE. ( a ) Approximate date of erection : ( b) Occupancy or use of each floor : (c ) Type of construction : 5 . Size of existing building : 539" feet front ; 2415" feet deep ; Height : 2 stories ; feet . (a ) Approximate date of .erection : 1975 (b) Occupancy or use of. each floor : Two-Family Residence (C e of construction : Wood-Frame withpoured concerete foundations. Type 6 . Has there been a previous appeal , under zoning , on these premises ? No I-f so , when? 7. Description of relief sought on this petition No new construction. Toallow the continued existence of a dwelling on the premises, which, dwelling does not meet the _ minimum rear yard setback requirements. 8. Deed ..recorded i n ' the Registry of Deeds in Book 1294 Page 58 or Land',Court Certificate No ., Book Page ' The principal points upon which I base my application,; ,rle as follows : (Must be stated in detail ) +� 11 Y See Addendm Attached. I I agree to pay for advertising in ne spaper and incidental expenses* Petitioner ' s Signature Sec . 1 APPLICATION FORM - Every application for action by the Board shall be made on a form approved by the Board . -rhes-e._Jorms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form . All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner , abutters , owners of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable_. tax list , notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town , and the Planning Board of every abutting city or town . * Every application shall be submitted with an application charge cost +. in the amount of $25 . 00 . In addition , the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address See Attached List 9 i x ( Use additional sheets if necessary) I . 33 - 135 ,A,,4ca^ Aja. LIST OF PARTIES IN INTEREST ,Ze-z o-4-e- Name Address ,j Maria & Renata C. Cavallaro 119 Autran Avenue North Andover, MA 01845 k'� Reynald P. Crete 108-110 Adams Avenue North Andover, MA 01845 V-Anne Marie Christou 124 Adams Avenue North Andover, MA 01845 L--Andrew R. & Helene S. Donahue 445 Wood Lane North Andover, MA 01845 Helene R. Donahue 340 Wood Lane North Andover, MA 01845 i/ E & R Realty Trust P.O. Box 296 Lawrence, MA 01842 �- George A. & Virginia H. Fleming 128 Autran Avenue North Andover, MA 01845 -- 12 - No aover, Mx—�rrr�a 1,171 a lie 44 AA litre Loh f41w1.3INe5 John W. (Sr. ) & Nancy J. Makowski 111 Autran Avenue North Andover, MA 01845 John R. & Cicile B. Micka 138 Autran Avenue North Andover, MA 01845 t,""�Joseph & Anna Pyteraf 98 Adams Avenue North Andover, MA 01845 XIWULL.Ll Daniel C. & Patricia A. Regan 138 Autran Avenue North Andover, MA 01845 Helene C. Roche 340 Wood Lane North Andover, MA 01845 i LIST OF PARTIES IN INTEREST CONTINUED Name Address M. 133-135 Autran Avenue North Andover, MA 01845 M*Wwaivuffau 133-135 Autran Avenue North Andover, MA 01845 133-135 Autran Avenue North Andover, MA 01845 3 z� w f NORTH ANDOVER BUILDING DEPARTMENT a NORTq 120 MAIN STREET °<<"'O,;• NORTH ANDOVER, MA 01845 S�emus�c' INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR September 17, 1984 Board of Appeals Town Office Building North Andover, Ma. Re: Petition of Pineau & Becotte Gentlemen: Permits were issued for an addition to the dwelling and for the swimming pool. Both were inspected and approved and complied with the Zoning By Laws. No permits were ever issued for the decks or the shed. The size of the shed would now allow it to be a distance of five feet from the lot lines. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:af rCYR ORTGAGE INSPECTION NGINEERING SERVICES, INC. SSEX STREET. I LAWRENCE, MASSACHUSETTS l L Al& } n�oRTGAGO�: Th ADDRESS OF PRINCIPLE BUILDING /00 - I DEED REFERENCE: BK. /2ZPG. PLAN REFERENCE: 4L),(a DATE OF INSPECTION: /i-�51F_24 NOTE: This Mortgage inspection was prepared spe- cifically for mortgage purposes and is not to be _ retied upon as a survey.Cyr Engineering Services, - - — --- -_ _ Inc. accepts no responsibility for damages result- ing from said reliance by anyone other than the E4_'�a said mortgagee and its assigns in connection with its proposed mortgage financing to said mortgagor. ly CERTIFICATION TO: ► /_o7- 4c:_ � This Mortgage inspection was prepared in accordance 1 �Lr r c with the Technical Standards for Mortgage Loan Inspections as adopted by the Massachusetts Associa- tion of Land Surveyors and Civil Engineers, Inc. t FURTHER STATE THAT IN MY PROFESSIONAL 452 OPINION the principle structurels and ijccessory <' outbuildings, tnQ 6/0T:cam. "0 I'';% with the setback requirements of the local zoning or- dinances, and that there are no encroachments of major improvements either way across property lines except as shown. 44 z� - �'3i ��•�� Y� PES ALSO: 0 1. Property is not in a Flood Hazard Area. 0 2. Property is in a Flood Hazard Area. 0 3. Information is insufficient to determine Flood Hazard. Scale: Date of Plan: Flood Hazard determined from latest Federal Flood Insurance Rate Map. i i ,� . _ i t ADDENDUM TO THE APPLICATION OF LORAINNE C. BECOTTE, RICHARD N. PINEAU, i CHRISTINE M. PINEAU AND TERRY E. COOK This is a request for a Variance from the rear-yard setback requirements of the Town of North Andover Zoning By-Law. Two decks on the southerly side of the home are setback only 21 .5 feet and 23 feet from the rear line rather than 30 feet as required by the By-Law. In addition, the building ' s roof overhang is set back only 27. 5 feet from the rear line instead of 30 feet. The dwelling was built in 1975 by a prior owner . The building permit did not mention the decks . The applicants purchased the dwelling in October, 1976 from the builder . The violation of the By-Law was not caused by the applicants and was not discovered at the time of the purchase from the builder because a certified plot plan was not required in that purchase. Now, Mr. and Mrs . Pineau and Ms . Becotte have executed an agreement to sell the premises to Mr. Cook. A certified plot plan required by Mr. Cook' s lender has revealed the non-compliance with the Zoning By-Law. All of the conditions for granting a Variance are present in this case. There is no detriment to the public good by granting this variance inasmuch as the home already exists as a two-family residential home in an R-4 district. All Town services have been connected to the home and allowing the decks and roof to remain where they are will not cause any disruption in traffic flow or make safety vehicle access to the home, in the event of emergency or fire, more difficult. In fact, permitting the decks to remain in the rear of the house, near and within view of the in-ground pool on the premises , will improve safety. s 1 There would be no substantial derogation from the intent and purpose of the By-Law in that the variance requested still leaves a substantial back yard and still results in the decks being situated a safe distance from all other homes in the area. In all other respects, the dwelling meets the other dimentional requirements of the Zoning By-Law. Hardship exists in this case, in that the home already exists on the property and was constructed by a prior owner and not the applicants . It would be very expensive to move the decks and roof, and such a move would decrease the safety in the area around the pool which is in the rear-yard. Financial hardship also exists in this situation since the seller will not be able to realize the proceeds from the sale of the premises until the Zoning violations have been cured. For all of the above reasons, it is respectfully requested that your Board grant the Variance to allow the roof and the decks behind the house to remain in their present locations although they do not meet the minimum rear-yard setback requirement. Respectfully submitted, Lorainne C. Becotte, Richard N. Pineau, Christine M. Pineau, Terry E. Cook, By Their Attorney: vin Sullivan Greele & Shea 2 Punchard Avenue Andover, MA 01810 -2- Board of Appeals j c��-E3$f� Town Office Building - P m �. r North Andover, Mass. 01845 o a� `` ' - vs` 28 SEP - /qp4 I REK't'L1RN TC l :iENDER NOT l: E::l_:X:VE--FM::L_C: ASf-dDC)Fil:::ci[il:l) llt AE'.,L_i-: 'rte I�'()F�l•!ARD �. ._ � � _ _ � _ E _4�` - .. I �� I I y►y;ORTl1 RECEIY4 o`:•'• •tio DANIEL LONG ?ior,��°""'�r�o: r Any appeal shall be filed TOWN CLE K ; . IL7" : within (20) days after the NORTH AND YI~R 4.3gs l85'��.: date of filing of this Notice ►,SgCHu'Vq in the Office of the Town SEP __. --___--- -._..•. -TO" OF. NORTH ANDOVER _.------. Clerk. MASSACHUSETTS r a. BOARD 0F 'APPEALS. �k NOTICE OF DECISION A Date . . . . . . September...2$... :19.84 . Petition No.. . . . . .4 5:-.118 A . . . . . . . . :. i. Date of Hearing. - .September. .1.7., 1984 Petition of . . . . .Lorraine. Becotte, . Richaxd . and.;Christi.ne. .Pin•eau and Terry Cook .f , Premises affected . . .133-13.5 .Zutr.an. Ave... . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the-requirements of the Zoning• By, Law , Section 7, Par. 7. 3 and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . `v so as to permit . . • • . • •ck requirement, to, allow, the,• relief from the rea a _ • y r4= r setb continued existence of a sinclY. g,. . ; . . e . famil dwelling, -�� . in .. '?� After a public hearing given on,the above date, the Boa'rd,of Appeals;voted to . . .Grant. . the : variance o xthRxB2xidi �sx lmpextoxmmxfk X , . . . . . . . . . . . , -- o k, :based upon the following conditions- 1. That the shed be moved so that, it is five feet from the rear and sidelot -lines ' Signed Alfred. .E. . Fri.zel.le.,. .Es.q . ,. .Vi.ce. Chairman. Richard'.J. .Trepanie.r, . Esq... , . Clerk William .J... .sul1i.van. . . . . . . . . . . . . . . . . Augustine .W.-.--Ni ekerson. . . . .i. . . . . . Walter r Soule. . . . . . . . . . . . . . . . . . . . . Board of Appeals BUTTERWORTH & O'TOOLE, INC. P.O. BOX 8294 SALEM,MA 01971-8294 ADJUSTERS/APPRAISERS FOR INSURANCE COMPANIES ONLY TELEPHONE(978)741-5731 FAX(978)740-9109 April 06, 2004 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City/Town Hall City/Town Hall ADDRESSES North Andover, MA 01845 North Andover, MA 01845 RE: Insured: Terry and Margaret Cook Address : 133 Autran Avenue North Andover, MA 01845 Policy No. : F0112982 Loss of : 04/02/04 File or Claim No. : 041-0727 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1, 000 . 00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. If no reply is received from your office within ten days, we will assume you have no liens of any type against this property and we will recommend to the insuring company that this claim is paid. Vicki Gardner Adjuster