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HomeMy WebLinkAboutMiscellaneous - 137 MAIN STREET 4/30/2018 (3) 137 MAM STREET 143 3 et �e 4 1� i -Legal Notice TOWN OF NORTH ANDOVER - MASSACHUOTi TS - BOARD OF:.:.: APPEAIS ` - NOT IGIE NORTH 41 e L 0 . �SSACHUS� - March 23,1982 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evenfing,the 12th day 0 April, 1982,at 7:30 p.m:to all parties interested in the appeal of LOUIS J. KMIEC, JR. requesting a Special Permit under Sectbn 9, Par. 9.1 and Section 10, Par. 10.3.of the Zoning By Law so as to permit the cordinuance.of a legally non-conforming structure, and use on the premises kxated, at 137-143-Main Street and known as Frye's Courthouse, By Order of the Board of Ap- peals,. _ Frank Serio,Jr. Chairman Publish North Andover Citizen March 25 and April 1. a 17-1019 _r r NORTH O 9 f� a's # SA HU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 23 , 1982 Notice is hereby given that .the Board of Appeals will give a hearina at the Town Buildina , NOrth Andover, on Monday evening , the 12th day of April , 1982 , at 7 : 30 p . m . to all parties inter- ested in the appeal of LORIS J . KMIEC , JR . requestinn a Special Permit under Section 9 , Par .. 9 . 1 and Section 10 , Par. 10 . 3 of the Zonino By Law so as to permit the continuance of a legally non-conforming stricture and use, on the premises located at 137- 143 Main Street and known as Frye ' s Courhouse . By Order of the Board of Appeals By : Frank Serio , Jr . ; Chairman Publish : N .A . Citizen : Harch 25 and April 1 , 1982 Send bill to : Louis Kmiec 1001 Turnpike St . No . Andover , Mass . 01845 - 1 �.►�otrr� Any appeal shall be -filed" RECEIVED E, .....� �'���o�►�,r •�°off within (20) days after the fJ�atil L L riVG • 3:lt to*.A ► �f f�1'01 �°; .., ,_�j ��;, ����� ;.�; date of filing of this Notice ;v�, .r��rIOF R ;�sq. ia5s fi°'." in the Office of. the Town 1 '►,sv'V 41 ,. Clerk. 2 PM4U" . c OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . APO.' . .1.6 Petition No.. . . .15 .- . .8 2. . . . . . . Date of Hearing. P.r i.1. 12,, 1.9 8 2 Petitionof . . . . . . . .LOl1. . . . .IS. . .J. .. . . . . . . . .KMIEC.,. .JR. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .137 . 143 Main Street. . (�.ry e.' s C o u r t h o u s.e )_ . . _ . . . . . . Referring to the above petition for aS.p e c.i.a.l. .P e.r m i t under Section 10 , Par. 10 . 3 and Section 9 , Par. 9 . 1 of the Zoning By Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . . .the. c o.n t i.n u a.n c e. .o f. .a. .l.a a.a 1 1.y. . n.o n-.c o n.f o r.r^i n.g . s.t r u.c t u.r.e a.n d. use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to GRANT. . . the Sp e c.i_a 1. .P e.r m i.t . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . .L o.u i s. .J... .K mA a c., . J.r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed Frank Serio , Jr . , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alfred E . Frizelle , Esq . , Vice Chairman . . . . Auc!ustine W . Nickerson . . .Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maurice S . Foulds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wal ter. F. . Soul.e . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . Board of Appeals AORTPI DAt1IFL L0O NORTH I'j �1St APR I C Z of PM 182 SACNUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 16 , 1982 Louis J . Kmiec , Jr. 1001 Turnpike Street Premises Affected : 137-143 Main Street Petition NO . 15 - ' 82 'Ir. .Daniel Long , Town Clerk Town Office Building North Andover , Mass . Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , April 12 , 1982 upon the application of Louis J . Kmiec , Jr . The hearing was advertised in the 'North Andover Citizen on March 25 and April 1 , 1982 and all abutters were notified by regular mail . The following members were present and voting : Frank Serio , Jr. , Chairman ; Alfred E . Frizelle , Esq . , Vice- Chairman : Augustine W . Nickerson ; Maurice S . Foulds ; and Walter Soule . The petitioner requests a Special Permit under Section 9 , Par. 9 . 1 and Section 10 , Par. 10 . 3 of the Zoning By Law so as to permit the continuance of a legally non -conforming structure and use on premises located at 137-143 Main Street . Evidence introduced by the petitioner shows that the site known as Frye ' s Courthouse is located at the corner of Main and Second Streets and has been and is being used for commercial purposes ( retail , auto school ) . The petitioner proposes to increase the use to other portions of the existing structure and requests a Special Permit to do so . Evidence shows that it is proposed to create a mall -type building with the "old courtroom" as the center. RECEIVED f"G Louis J . Kmiec , Jr. 701= A: 'i. Ft Petition No . 15 - ' 82 NOft r+ K ;i.-WER April 16 , 1982 Page 2 APR 16 2 0Z PM W Upon a motion made by Mr. Frizelle and secon�ed by Mr . Soule , the Board voted unanimously to grant the Special Permit as re- quested . The Board finds pursuant to Par. 10 . 31 of the Zonino By Law that the site is indeed appropriate for the use and structure ; that the proposed use will not adversely affect the neighborhood ; that there will be no nuisance or serious hazard to vehicles or pedestrians ; that the petitioner has provided and will provide adequate facilities for the proposed operation of the use ; and , that by granting the Special Permit , the Board finds that it is in keeping with the intent and purpose of the Zoning By Law . Sincerely , BOARD OF APPEALS �ti _ ,�- Frank Ser' fo , Jr . , Chairman AEF/jw RECEIVED TONT OF NORTH ANDOVER ° p1�Ni .t. i CRG TI.ASSACHUSETTS 1E R BOARD OF APPEALS MAS 9j �lI This application must be typewritten ' APPLICATION FOR RELIEF FROM THE •REQUIRE24ENTS OF THE ZONING ORDINANCE Applicant LOUIS J. KMIEC ,r Jr_ Address 1001 Turnpike St. ,North Andover 1. Application is hereby made (a) For a variance from the requirements of Section - ,Paragraph of the Zoning By-Laws. Ten (10') 10.3 (b) For a Special Permit under Section Nine (9) , Paragraph 9- 1 of the Zoning By-Laws. - (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a} Premises affected are land N/A and buildingg, numbered 1-17-141 main Ce, _ Street. Frye' s Courthouse (b) Premises affected are property with frontage on the North , South , East , West_ side of Street, and known aE No. Street. . (c) Premises affected are in Zoning District , and the premises affected have an area of and frontage of feet. 3. e':rship: (a) Name and address of owner (if joint ownership, give all names): Louis' J. Kmiec., Jr. , 1001 Turnpike Street , North Andover, Ma Date of purchase Feb. 25th, 1981 Previous owner Mildred DiMauro (b) If applicant is not owner, check his interest in the premises: N A Prospective purchaser N/A Lessee ' N/A - Other (explain) N/A 4. Size of proposed building: Same front; ,;amp feet deep. Height: Same stories; Same feet. (a) Approximate date of erection:_ 18001's, interior changes "asp soon as possible', (b) Occupancy or use of each floor: Busi nu_ (c) Type of construction: Wood & Brick • 5. Size of existing building:_ Same feet front; Somme feet deep. Height: Same stories; Same feet. (a) Approximate date of erection: 1800 ' s • (b) Occupancy or use of each floor: Same as allowed (c) Type of. construction Wood & Brick 6. Has there been a previous appeal; under zoning, on these premises? No If so, when? N/A 7. Description of relief sought on this petition Because the bldg. is called a 1t--gal pre-existing non-conforming structure, I seek permission to continue the same allowed uses and the same bldg. size in everyway (no exterior extensions asked) on a 2nd fir'. only off the mall courtroom. - 8. Deed recorded in the Registry of Deeds in Book 1489 Page 52 or 1xind Court Certificate No. N?A Book Pages . . The principal points upon which I bice my -application are as follows: Omuct be stated in detail). The Frye' s Courthouse complex was orginally built and used at different floors as a courtroom, First National Store, Post Office and other merchant tenants after and up to my purchase. They all enjoyed use of two ,(2) firs. My application for continuance would not substantially become more detri- mental than the existinq legal non-conforming building,to the Central Business District & neighborhood in general. Infact , it would show no real change to the intent & purpose of the zoning district & Main Street. I agree to p for advertising in newspaper and incidental expenses. * Petitioner's Signature) 2s J. Kmiec, Jr. l ►" Sec. 1 APPLICATION FORM Every application" for action by the Board shall,.be made on a form approved by the Board. These forms shall be furnished by the clerk upon request. Any communication purportiizg 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 information 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 publip 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 S25-00- In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and.publi— cation, but are not necessarily limited to these. LIST OF PARTIES IN INTEREST Name Address . Arlington Trust Co. 149 Main Street , North Andover, Ma. BayBank Merrimack Valley 154 Main Street , North Andover, Ma. Richard Lentini , I 56 Neck Road, Ward Hill , Ma. 01830 nerr of Wa n . , William Finneran 88 Heath Road, North Andover, Ma. Frank & Chris Smith 70 Furber Avenue, North Andover, Ma. Joseph & Doris Filetti 11 Second Street , North Andover, Ma S�� ` T 14d 5 U �6 3 0 4 A J V, fin A-ki zo cJ rico J � g ,OZO C- • r MUM HIH TOWN OF NORTH ANDOVER MASSACHUSETTS f NORT1y ,SSACHUSEt April 12 , 1982 Board of Appeals Town Office Building North Andover , Mass . 01845 Re : Petition No . 15 - ' 82 - Louis Kmiec Gentlemen : I would like to offer my support on the Kmiec petition for the continuance of a non-conforming use . As you know , the town has been actively involved in revitali - zation efforts to its downtown for the past year-and-a-half . If allowed to continue the non -conforming status of his buildinca , Mr . Kmiec will provide three to four additional and badly needed retail units to serve the downtown . I hope you look favorably upon the Kmiec petition . Very truly yours , Susan M . St . Pierre , Town Planner SMS/jw NORTH ANDOVER BUILDING DEPARTMENT AORTil 120 MAIN STREET p� NORTH ANDOVER, MA 01843 0 z • s 1174 ,SSACHU INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR April 129 1982 Board of Appeals Town Office Building North Andover, Ma. Re: Louis Kmiec Gentlemen: Mr. Kmiec was refused a building permit by this department. He wishes to expand a legally non—conforming structure. Mr. Kmiec must apply to your Board if he wishes to expand this building since expansion of a non—conforming structure is only allowed by a special permit granted by the Zoning Board of Appeals. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:ad J March 23 , 182 Mr. Louis J. Kmiec , Jr. 1001 Turnpike Street I th Andover , ,lass . 01845 Dear ter. Kmiec : Enclosed is a copy of the lenal notice for ,your petition before the Board of Appeals . DPlease formerd $7 . 20 to cover the cost or postane for processing this petition . Your check should be made payable to the Town of lorth Andnver and may be sent to my attention at the Town Office Building , 120 ►-lain Street , North Andover , Class . sincerely , BOARD OF APPEALS lc:,n E . �Ihi te , Secretary iw Enc.