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HomeMy WebLinkAboutMiscellaneous - 14 COTUIT STREET 4/30/2018 (3) 1-111-2 u c a- I Cornu I-T E i Legal Notice - TOWN,3F NORTH ANDOVER ` BOARD OF APPEALS ' t• NOTICE f t4ORT11 .. A F� SACHU May 24,19a3 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building. North Andover, on Tuesday, ;evening the 14th day'of June. 11983,at 7:30 p.m.to all parties ~interested in the appeal of ,WILLIAM.S. HMl1RCIAK re- questing a variation of Section 7, Paragraphs 7.1 and 7.3 and 'Table 2 of the Zoning By Law so as to permit relief from the area and setback requirements to allow the continued existence of a dwelling which will not meet the area and rear setback re- quirements and to allow the con- struction of a dwelling on a lot which will not meet the area re- quirements on premises located at 14 Cotuit Street. By Order of the Board.of Ap- peals. 1 Frank Serio,Jr. 5 Chairman Publish N.A. Citizen: May 26 and June 2.1983 : K13-762 s s May 24 , 1983 Notice is hlereby given that the Board of Appeals will give a n nearing at the Town Building, North Andover, on Tuesday evening, the 14th daft of Jun`, 1983 at 7: 30 p.m. to all parties interested in the appeal of William S. Hmurciak requesting a variation of Section 7, Paragraphs 7. 1 and 7. 3 and Table 2 of the Zoning By Law so as totpt imirt relief from the area and setback requirements to allow the contmnued existence of a dwelling which will not meet the area and rear setback requirements and to allow the construction of a dwelling on a lot which will not sheet the area requirements on premises located at 14 Cotui t Street. By Order of the Board of Appeals By: Frank Serio, Jr. , Chairman Publish: Horth Anddver Citizen : May 26 and June 2 , 1983 Send bill to: William 11murciak 14 Cotuit St. No. Andover, !lass. 01845 v a t y . .-. i � � _ . a..r ... �- � Y .. •.e 1r .r � ., .i 'a.r ,C �• .. r �(. � . 1 r +yam 'i <.. _ � F 4 .i 1. �.1�� c.. . \/ -- - - - _ r Received, by---Tows, a Date: - �, .� - t,�� TOWN OF NORTH ANDOVER, MASSACHUSETTS �' r0 BOARD- OF APPEALS Time T G' ria >IRK asAGMUst NOR-fit; : No-OR : Thi s application must be typewritten APPLIA#r AON IFORPNE IEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Wi 11 i?m�S..Hm,,,.c.iak Address 14 Cotuit Street 1 . Application is hereby made ( a ) For a variance from the requirements of Section 7 Paragraph 7.1, 7.3 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 are land X and building( s ) X numbered 14 Cotuit Street . ( b ) Premises affected are property with frontage on the North ( ) South ( X ) East ( ) . West ( ) side of Cotuit Street Street , and known as No . 14 Cotuit Street . ( c) Premises affected are in Zoning District R-4 and the premises affected have an area of 19,000 square feet and frontage of 100, square feet . 3. Ownership 5 ( a ) name and address of owner ( if joint ownership , give all names ) : William S. Hmurciak V. Date of purchase 1979 Previous- Owner Albert Hmurciak . ` ( b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other ( explain ) 4 . Size of proposed building : front ; feet deep ; r. Height : stories ; feet . x. ( a ) Approximate date of erection : ( b ) Occupancy or use of each floor : (c ) Type of construction : 5 . Size of existing building : 60 feet front ; 25 feet deep ; Height : 2 stories ; feet . ( a ) Approximate date of erection : 1949 ( b ) Occupancy or use of each floor : Residential ' ( c) Type of construction : Wood 6 . Has there been a previous appeal , under zoning , on these premises ? No If so ; when? 7 . Description of relief sought on this petition p oFartX Will him- dividpd into 2 lots with less than the required area, and existing h,,; 1dinc will have less than the minimum rear set back. 8. Deed recorded in the Registry of Deeds in Book 1383 Page 228 or Land".Court Certificate No . Book Page i The principal points upon which I base my application are as follows : (Must be stated in detail ) The division of the lot would provide my son,..who is a town employee, a__ location to build a home without paying the high costs of other available lots in town. There is financial hardship for fixed income owners since land values have increased due to re-evaluation. There are -other lots in the neighborhood of similar or smaller size. There- is adequate frontage so that any building constructed would conform to the intent of the zoning for the area. I agree to pay for dvertising 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 . -These -forms 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 I14TEREST (Jame Address t/William S. & Cornelia M. Hmurciak 14 Cotuit St. i ,,,Robert J. & Mary C. Burke 14 Chickering Road ✓George & Rita DeRoche 1 Peters Street , V John J. & Joan F. Heafey 7 Peters Street t Joseph B. Doherty, Jr. ( 9 Bartlett St. 9 Brewster St. Andover, Mass. 01810) --William, V. & Mary B. Crawford 10 Cotuit Street Edna L. Bogle 26 Cotuit Street ✓ Scott Properties Inc. (35 Center St. , Lot F Cotuit Street B6r1ington,Mass . i Jayson Realty Inc. 754 Forest St. , N. A. 29-31 Brewster St. Jayson Realty Inc. of to of 39-41 Brewster St. i F. Clayton„& Vivion D. Meserve 19 Peters Street r Joseph P. Kort 14 Brewster Street r Crestward Development (145 Pleasant St. , N.A. 30 Brewster Street �� ( Use additional sheets if necessary) N�h Any appeal shall � �,.••••••?ti be filed P �E�y' ;' within (20) days after the • c 1 o:.,�tP1r� °.'U AnIL7+ ON date of filing of this Notice TC'7" C' r�� �•., 'gss : • in the Office '� of the IiOR ►:;SgCHU ,r Town ♦►,�v� ,Clerk. JON 09 3MWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Date . . . . June Petition No.. . . .3 4,-'.8.3. . . . ... . . . . Date of Hearing. . Jane 1, f 19$3 Petition of . . . . .WILLIAM S. MUCI HRAK . . . . . . . ... . . . . . ... . . . . :. . . . . . . . . . . . . . . .. .. . . . . . . . Premises affected t S t ree t Referring to the above petition for a variation from the requirements of the . .Zoning By. Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : so as to permit_z_eli.ef.from the. .area, and setb q]k. r guirementy,to allow the continued use of a dwelling which will not me t the area or rear setback .req.uirements. . & .allow-.the. oouatricti.on• ,of. ,a, s, nSle. .famijy, .dwelling on a _ lot which will not meet, the area requirements After a public hearing given on the above date, the Board of Ap' ' voted to . . .Grant. . the' -.variance. . . . . . . . . . . . . ... ... . . . : . and hereby authorize the wilding Inspector to issue a permit to . . . .William. S. . Hmur.ci ak. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . : . . . . . . Signed - Frank, Serio,. .Jr,.• ,. Chairman . . . , Alf.red .E.. .Frize.ile,. . ESg.,,, .Vice, .Chairman Wil.l:iam. 3.. . S.ull.ivan. . . . . . . ... . . . . . . . Augustine. .W.. .Ni.cke.r,9on. . . . . . . . . . . - Maurice. S. . F.oulds. . ... . . . . . . . . . ... . . .. Board.of Appeals Any appeal shall be filed NORTH t� within (20) days after the date of filing of this Notice ,w A in the Office of the t�Ci Ep �; r* Clerk. JON ��, ' 54CHUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 27 , 1983 Mr. Daniel Long, Town Clerk William S. Hmurciak Town Office Building 14 Cotuit Street North Andover, Mass. Petition No. 34-183 Dear lair. Long: The Board of Appeals held a public hearing on Tuesday evening, June 14 , 1983 upon the application of William S. Hmurciak . The hearing was advertised in the North Andover Citizen on May 26 and June 2 , 1983 and all abutters were notified by regular mail. The following members were present and voting:. .Frank Serio, Jr. , -- — Ehai-rman, -A-If-red �-F-ri ze 13e._E_sgr,_1i-ce -C-h-ai r-mai-;-Wi 1-l-i-am-J, ---- Sullivan; Augustine W. Nickerson; and Maurice Foulds . m r s of Section The petitioner seeks a variance from the p ovi ion S ct 7 , Paragraphs 7. 1, 7. 3 , and Table 2 of the Zoninj By Law so as to permit relief from the area and setback requirements to allow the continued use of a dwelling which will not meets the area or rear . setback requirements and to allow the construction of a single family dwelling on a lot which will not meet the area requirements on premises located at 14 Cotuit Street. The petitioner testified through his son, William S. Hmurciak , Jr. , that he proposes to subdivide his parcel to allow his son to construct a single family dwelling. The petitioner' s existing dwelling, which fronts on Cotuit Street, would consist of 9 ,500 square feet and would not meet the area or rear setback requirement and the proposed dwelling, consisting of 9 ,500 square feet, would front on Brewster Street and would not meet the area requirements of the Zoning By Law., Lots 71, 72 , and -63 as shown on the plan submitted were purchased by the petitioner in 1979. Lot 62 as shown on the plan submitted was purchased recently. RE`,EIVED William S. Hmurciak DAN+I7"L L0`!G 14 Cotuit Street Petition No. 34-183 NOT � ` -''VER June 27, 1983 JUN , 09 PM 103 Page 2 Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson , the Board voted four to one to grant the variance as requested, with Members Serio, Frizelle , Nickerson, and Foulds voting in favor of the motion and Member Sullivan voting in opposition. The Board finds that Section 10 . 4 of the Zoning By Law has been satisfied. In particular, the Board finds that a Literal enforce- ment of the provisions of the Zoning By Law would involve a hard- ship to the petitioner and that desirable relief can be granted without detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS 1 / Frank Serio, Jr. , -.1 Cheri rman- jw (Plan to follow) f DONALD F. SMITH xID1 P.,:'u'�'�Er` ATTORNEY AT LAW JUL � ro� I �2O��UTTON STREET �B TEL. OFFICE 686-0142 NORTH ANDOVER. MASSACHUSETTS TEL. HOME 683-1839 0184'55 I July 18, 1983 Mr. Daniel Long, Town Clerk, Town of North Andover Town Building i Main Street North Andover, MA 01845 I In re: Claim of Appeal from j Decision of Board of Appeals Dear Sir: This is to advise that on July 15, 1983, Joseph P. Kort has filed an appeal with the Essex Superior Court from a decision of the Board of Appeals of the Town of North Andover dated June 27, 1983, and filed with you as Town Clerk on June 28, 1983, which decision granted a variance from the re- quirements of the Zoning By-Laws of said Town to William S. Hmurciak with respect to premises being numbered 14 Cotuit Street, North Andover. Enclosed herewith is a copy of the Complaint of Joseph P. Kort vs, the members of the Board of Appelas and said William S/ Hnurciak entered in Essex Superior Court on July 15, 1983 and being numbered Civil Action 83-1677 on the Docket of said Court. Very truly yours, JOSEPH P. KORT By i� ��. _�.1_ J�1,��� Donald F. Smith, �His Attorney a 4 w � I l 'I COMMONWEALTH OF MASSACHUSETTS Essex, ss. TRIAL COURT SUPERIOR COURT DEPT. CIVIL ACTION NO. S-3-1 X 77 JOSEPH P. KORT, ) Plaintiff ) V. ) FRANK SERIO, JR. ) ALFRED E. FRIZELLE ) COMPLAINT WILLIAM J. SULLIVAN ) AUGUSTINE W. NICKERSON ) MAURICE S. FOULDS ) WILLIAM S. HMURCIAK, ) Defendants ) 1. The Plaintiff, Joseph P. Kort, resides at 14 Brewster Street, North Andover, Essex County, Massachusetts 01845, and is a person aggrieved within the meaning of Mass. G.L. Chap. 40-A, Sec. 17 by the decision of the Board of Appeals of the Town of North Andover dated June 27, 1983, granting a variance from. the requirements of the Zoning By Laws of said Town, Section 7, Paragraph 7.1; 7.3*and Table 2; so as to permit the continued use of a dwelling at 14 Cotuit Street, in said North Andover which will not meet the area or rear setback requirements and allow the construction of a single family dwelling on a lot which will not meet the area requirements. 2. The defendants, Frank Serio Jr. , Alfred E. Frizelle, William J. Sullivan, i Augustine W. Nickerson, and Maurice S. Foulds, are duly constituted members of the Board of Appeals of said Town of North Andover and reside in said Town of North Andover, as follows: Frank Serio, Jr. 250 Hillside Road North Andover, Massachusetts 01845 Alfred E. Frizelle 131 Appleton Street . North Andover, Massachusetts 01845 William J. Sullivan i 405 Salem Street North Andover, Massachusetts 01845 r ' t -2- I' i i Augustine W. Nickerson 100 Moody Street North Andover, Massachusetts 01845 Maurice S. Foulds 40 Wentworth Avenue North Andover, Massachusetts 01845 3. The defendant, William S. ' Hmurciak, resides at 14 Cotuit Street, North Andover, Massachusetts 01845. 4. Prior to June 14, 1983, the said William S. Appeals an Application for a variance from theurequirementsrciak filewofhSectionsaido7, of Paragraphs 7.1, 7.3 and-Table 2 of the Zoning By-Laws of the Town of North Andover, setting forth therein that he, the said -William S. Hmurciak, was .the owner of premises at 14 Cotuit Street, in said North Andover, in an R-4 Zoning District, having an area of 19 alleged therein that the said ,000 square feet and frontage of 100 feet, and property would be divided into two lots with less than the required area, and the existing building to have less than the i rear set back. minimum 5. The Application for variance nce was properly advertiz mailed ed and No to all abutters; Notice of Hearin and, pursuant to suchg was held on June 14, 1983 at the Town Building,�oMain�Street,lin saidng on hNorthlication Andover. 6. In a decision dated June 27, 1983 and filed with the Town Clerk on June 28 198 and one opposed gra 3 the Board of Appeals, by a vote of four in favor , variance as requested setting forth the following reasons therefor: nted the i "The Board finds that Section 10.4 of: the Zoning By-Law has been satisfied. In particular, the Board finds that a literal enforcement of the provisions of the Zoning By-Law would involve a hardship to the petitioner and that desir- able relief can be granted without detriment to the public good and without nullifying or substantially derogating fr By-Law". om the intent and purpose of the Zoning 7. The Plaintiff says that the decision of the Board of A any reasons for granting of the variance other than a si ple re'citationet forth statutory requirements for granting of a variance. of the 8. The Plaintiff further says that the decision of the Board of Appeals fails to set forth any finding that failure to grant the relief sought by the defendant, William S. Hmurciak, would result in hardship, f inancial' or otherwise, to William S. Hmurciak. 9. The Plaintiff further says that defendant, William S. Hmurciak, set forth in his Application for Variance, that relief from the Laws by variance was sought for the financial benefitoof provisihe ons ttheZoning applicant and the said decision of the Board of Appeals recites evidence that the proposed subdivision of .land of' the defendant Wi p �l iam S allowing the son of the applicant toconstructa singleafamily dwelling. of I 1 1 -3- 10. The Plaintiff further says that the decision of the Board of Appeals fails to set forth any finding of circumstances affecting land of the defendant, William S. Hmurciak, and not affectingt district which warranted the grantingOfetheavarianceother land in the same zoning 11. The Petitioner further says, Zonin he in R-4 Districts a Minimum area requirementooft121500nsquareof rfeet,th iron require a minimum of 100 feet, side line set back of 15 feet frontage of backs of 30 feet, and that the premises of the defendant, William S. Hm set at the time of filing of his Application for Variance, met all requirementso, the Zoning By-Laws, of 12. The Petitioner further says that the granting of the variance Appeals results in the creation of two by the Board of 9,500 square feet and one of which failsatoels or lots by subdivision each of requirements,0 square in de meet the rear to rogation of the t line set bac e intent and k purpose of the ZoningB 13. The Petitioner further says that the y granting of a variance b the BY-Laws. fendant members of the Board of Appeals is therefore in excess of thepowers granted to the said Board of Appeals by G.L. Chap. 40-A and constitutes a ,nullity. WHEREFORE the Plaintiff seeks: 1. That the Decision of the defendant members of the Board of Appeals the Town of North Andover granting a.,variance from the provisions off the Zoning By-Laws of the Town of North Andover be annulled. 2. Such other and further relief as to this Court may seem just under the circumstances.. J and proper JOSEPH P. KORT. By Donald F. Smith, his Attorney 200 Sutton Street North Andover, MA 01845 Tel. 686-0142 MICHAEL JAMES GORHAM Attorney admitted to practice in Mass. and N.H. February 15 , 1984 Clerk Board of Appeals Town of North Andover Town Hall North Andover , Massachusetts 01845 RE : Zoning Decision Applicant : William S . Hmurciak Gentlemen : In reference to the above I represent William Hmurciak , against whom an appeal has been filed by Joseph Kort. I would appreciate receiving from you a Certified copy of the record which would include the Original application , the minutes of the meeting and the decision of the Board of Appeals , for filing Essex County Superior Court . North Andover Town Counsel has elected not to represent the respondance in this matter so private counsel is required to perform and assemble and file the record . Plea a advise if there is any charge for these documents and a check will be provided to you forthwith . errul your , M cha ames Gorham MJG/par a N.H.Office: 1 Main Street Hampstead,N.H. • (603)329-6000 (603)893-9345 Mailing address: P.O. Box 168 0 Hampstead, N.H. 03841 SUPERIOR COURT 83= 1677 JOSEPH P . KORT vs. FRANK SERIO, JR. , ET ALS 686-0142 COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT Donald F. Smith i 200 Sutton Street, No . Andover, Mass 01845 O v 1985 ATE NO. DOCKET ENTRIES ADDITIONAL PLAINTIFFS Julv 15 1 Com laint (40) 2 Civil action cover sheet c, S. f Dism4 t. ^n -niers the case is c:t to mule41_Djl of the M.R.C.r. , ADDITIONAL DEFENDANTS Dec 23 9 Stipulation of Dismissal with prejudice and without costs. ( Alfred E. Frizelle : William J. Sullivan: Augustine W. Nickerson: Maurice S. Foulds : William S. Hmurciak: 1 CONTRACT(OR TORT) 2 MOTOR VEHICLE TORT 3 OTHER TORTS 4 LAND TAKING TRUE i A7�' SiT 5 OTHERS E