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HomeMy WebLinkAboutMiscellaneous - 14-16 ASHLAND STREET 4/30/2018 r R . f'OARD OF APPEALS `APPLICATION FILING DATE ILI rJ - I - 8 -3 R . o � v � t AL44 rY0•`40tt�7y9ti . s F APRIL + *:V 1 � ACHUS�'{� y��rtr�rt�~ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . .Octo.ber. . 18. . . .19. 8.2 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .M o.n d ay . . . � evening. . . . the 8th. day of . .Now.emh.er. . . . . . . . . . 19.8 2., a f. 3(o'clock, to all parties interested in the appeal of . . . . . . . . . . .MA.RY. .FOR.CETT.A. . . . . . . . . . . . . . . . . . requesting a variation of Sec.. .7 ,. .P a r.. . 7-2.,)68 W31W xPAYc�*w,<R9c*sxtR *"i� 7 .3, _ a.n d T a b.l.a. .2 . and. a. . . . . Special Perr^it under Section. .4.,. .Par., . 4 : 122 .( 14) of the Zoning By tau to permit ra'ief from . the .f.r.on.tag.e . a.nd. .set.bac.k . re.qui.re.n.ents and convert an exi s.ti n.g d.wel.l.i n.g .to a. .fo.ur- AM!��ernkg,lldcla?e'h at. . .the. -We-s t. .s i de . o.f. . Ashland Street and known as- . 14-16. As.hla.nd . .Str.eet.. By Order of the Board of Appeals Frank Serio , Jr. , Chairman Publish : N .A . Citizen : Oct. 21 & 28 , 1982 Send bill to : '°!ary Forgetta 1320 Osgood St . No . Andover , ;.ass . E Legal Notice .TOWN 9F NORTH ANDOVER 80AR0 OF APPEALS -- : ' NOTICE FAORTH a' .a•b O OL SSACHU$ October 18,1982 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening the. 8th day of November, 1982, at 7:30 o'clock, to all parties interested in the appeal of MARY FORGETTA requesting a varia- tion of Sec.7.Par.7.2,7.3:and _,Table 2.and a Special.Permit under Section 4,Par.4,122(14): 'of the Zoning By Law to permit relief from the frontage and set- back requirements and convert an existing dwelling to a.four family dwelling on-the premises _located at the West side of Ashland Street and known as 14-16 Ashland Street. By Order of the Board of Ap- peals. - Frank Serio,Jr. Chairman Publish N.A. Citizen: Oct. 21 & 28,1982 E29-1279 l September 20 , 1983 Mr. Robert G . Goodwin 82 Central Street Andover , Sass . 01810 Re : Petition No . 20- ' 83 for 10-12 Ashland Street Petition No . 39- 182 for 14-16 Ashland Street Dear Mr. Goodwin : DIt was brought to our attention at our September 19 , 1983 meeting that you have a concern regarding the plan drawn for the above captioned petitions . 11ould you kindly attend our next meeting , which is scheduled for Monday evening , Uctober 17 , 1983 at 7 : 30 p.m . in the Town Office Meeting Room so that we may discuss this matter with you . If you cannot attend the meeting on October 17th , please call the office at 685-4775 so that other arrangments may be made . Sincerely , BOARD OF APPEALS Frank Serio , Jr. , Chairman jw �p' U � _1C 9 20 ;'Jy0 �i L 9 V '1) C I � �.on C"iJUOTu', r,'u �3r1U ^ ou -C 'o it C) ' J l: . " ,3 ,', � 'J ..1Q� 2(� �,'g+ "i -'ry1 y? C Cr'" s � ' q.� i-1v fn- 3f� ? j T � ? n r , ^' �� r Jr i ll 7r ! ^l J IC' r , . ] ^� �' ' ':;Ci .nnl 'i� X ,- - + � ,t1 °I .' 2 C fl , ! '1 Com . � JO'J , *J � l � Urt 'N C ,a ^iJ L19 IJ r + , � { S°?. tel..?" ' � `'• ?'111, ��`++'•') }"1 '1'J 7 � •) Rk. � - �% '`�- 4 � j :� � 7 ..,o� ; Jll� P t f)•J n V f r C `0 t� T V v T � --'� n IJ r J J y r�J JUU rte_ „� ^- ' � r n + ), ,rr]' Jr .`J J 1 . J LCL � JJ . Z '�] q . CCC." JU �•, �V. C ,u{: u L Ju v� it � • April 11, 1983 -9- Regular Meeting 1 . jLiles - continued MOTION : by Mr. Frizelle to grant the variance as requested and to grant the Special Permit as requested subject to the con- dition that there be eight (8) parking spaces to the rear of the dwelling on Lot A and subject to the condition that if the Planning Board denies the proposed common driveway for Lots A and B, the applicant will present to the Board of Arpeals a revised pla showing access across Lot A to the eight (8) parking sp ces in the rear of the dwelling. SECOND: by Mr. Trepanier VOTE Unanimous - motion carries. Bielert, Jay - Variance - Tolland Road Sitting: Serio, Frizelle, Sullivan, Nickerson, Soule MOTION: by Mr. Nickerson to deny the variance . No second - motion fails. I MOTION: by Mr. Sullivan to grant the variance as requested. SECOND: by Mr. Soule j VOTE In favor - 2 (Sullivan, Soule) Opposed - 2 (Frizelle , Nickerson) Abstained- 1 (Serio) Motion fails - petition denied. Scandore, Joseph - Variance - Martin Ave. Sitting: Serio, Frizelle , Trepanier , Sullivan, Nickerson MOTION : by Mr. Trepanier to grant the variance as requested.uested. SECOND: by .MrFrizelle �' VOTE In favor - 1 (Trepanier) Opposed - 2 (Frizelle, Nickerson) Abstained- 2 (Serio, Sullivan) Motion fails - petition denied. April 11, 1983 -11- Regular Meeting i Sechrist - continued MOTION: by Mr. Frizelle to grant the Special Permit as, requested subject to the condition that eight (8) parking spaces be provided as shown on the plan . SECOND: by Mr. Nickerson I VOTE Unanimous - motion carri S . Cataudella, Connie - Variance - Brightwood Ave . I � Sitting: Serio, Frizelle , Trepanier, Sullivan, Nickerson MOTION : by Mr. Frizelle to grant the variance as requested for Lot A and to grant the variance on Lot B with the con- dition that a single family dwelling be constructed on Lot B. SECOND: by Mr. Trepanier VOTE Unanimous motion carries . F&W Realty - Variance - Osgood St. Sitting: Serio, Frizelle , Trepanier, Nickerson, Sullivan MOTION : by Mr. Frizelle to grant the variance as requested. SECOND: by Mr. Nickerson VOTE Unanimous - motion carries . OTHER BUSINESS Report from Building Inspector Mills Hill - possible zoning violation Mr. Foster reported to the Board that Mr. Carter, owner of the land in question, is involved in litigation with the town. He wants witnesses before he allows the Building Inspector to inspect the premises. Ventura, Thomas - Ashland St. Mr. Foster reported that there are a number of problems with the j land. Only the first floor is . occupied at this time. He will report further- at the next meeting. REVISED PLAN SUBMITTAL A revised plan was submitted by Pickwell Builders for land at 14-16 Ashland St. The Board instructed them to change the name to Mary i April 11, 1983 -12- Regular Meeting Revised plan , s.ubmittal - continued Forgetta, since she was the petitioner. To be reviewed at the Board' s next meeting. MINUTES January 10 , 1983; January 18, 1983; February 14 , 1983; March 14 , 1983 ; and March 29 , 1983 MOTION: by Mr. Frizelle to accept all minutes as written. SECOND: by Mr. Sullivan VOTE Unanimous - motion carries The meeting adjourned at 11: 30 p.m. ErankJ,e'rio, Jr. , (Chairman Jean E. White , Secretary J { I' r s i i I January 18 , 1983 -3- Special Meeting Gardner , Edward - Variance and Special Permit - Waverly Road Sitting - Frizelle , Trepanier , Sullivan , Nickerson , Foulds MOTION : by Mr . Trepanier to grant the petition as requested with the condition that the parking spaces be in accordance with the Zoning By Law for size and that there be a minimum of six (6 ) parking spaces as shown on the plan . SECOND : by Mr . Foulds VOTE Unanimous - motion carries . Resca , Carole - Variance and Special Permit - Sutton Street Sitting - Frizelle , Trepanier , Sullivan , Nickerson , Foulds MOTION : by Mr. Nickerson to deny the request for a variance and Special Permit . SECOND : by Mr . Sullivan VOTE Unanimous - motion carries . OTHER BUSINESS Forgetta , Mary - Submittal of revised plans - Ashland Street Sitting - Frizelle , Trepanier , Nickerson , Soule The Board reviewed the decision and the revised plans . The Board instructed the applicant to revise the plans again to show the parking in the rear of the dwelling . Revised plan requirements A committee of three members - Al Frizelle , Dick Trepanier , and Ray Vivenzio was formed to study the possibility of revising the Board ' s requirements for plans to allow plot plans in the future . The committee will submit their recommendations at the February 14 , 1983 meeting . The meeting adjourned at 10 : 30 p .m . Secretary Chairman December 13 , 1982 -5- Regular Meeting OTHER BUSINESS I Note : Chairman Serio arrived at the meeting but did not chair the remainder of the meeting . Gardner , Edward - public hearing - Special Permit and Variance Waverly Rd. MOTION : by Mr. Trepanier to re-open the . public hearing and accept a letter from Caroline Cole and Bernard Zelitch , dated December -12 , 1982 to be read and placed on file . SECOND : by Mr . Nickerson VOTE Unanimous - motion carries The letter was read by the clerk and placed on file . Secretary ' s note : The letter from Caroline Cole and Bernard Zelitch apparently had been left on the meeting table prior to the start of the meeting and was not discovered until the petition was heard and taken under advisement . DECISION Forgetta , Mary - Special Permit and Variance - Ashland Street Sitting : Frizelle , Trepanier , Soule , Nickerson MOTION : by Mr . Nickerson to grant the Special Permit and the variance ' with the -condition that a minimum of eight ( 8 ) parking spaces be provided , located to the rear of the building , prior to the issuance of a building permit and the plans be revised to show the proposed parking . SECOND : by Mr . Trepanier VOTE Unanimous - motion carries . Bulger Animal Hospital - Chickering Rd . A letter from Bulger Animal Hospital dated November 19 , 1982 was read and placed on file . The letter described the security of the hospital after hours and has also been forwarded to the abutters and the police department . Residents of Rock Road A letter from people on Rock Road , dated December - 6 , 1982 , was read by the clerk . Mr. Alan Ethun , one of the residents , was present and told the Board that a dentist is practicing from his home on Rock Rd . Member Frizelle told Mr. Ethun he will have to submit a proper application followed by a public hearing before the Board will hear his testimony . P �y�.. Any appeal shall be filed • ��o,::°t�T" within (20) days after the `g :i3:,�� �o date of filing of this Notice RtE; FL ; ,.rsn APRIL'" in the Office of the Town ,u i�• 1855 Clerk, ��7r77Y't�s � DLC �2 52 TO%u ( F NORTH ANDOVER ASSACHUSETTS BOARD OF APPEAL) NOTICE OF DECISION Date . . . . D.e.c e.rn be.r 2.2 . .1.9 8.2 . Petition No.. . . .3 97.1.8 2. . . . . . . . . . Date of Hearing. .N o.v,e R, P) . $,. .19 8 2 Petition ofM-A R Y F O R G.E.T T A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .14-.1.6. A s h l and S t r e e t Referring to the above petition for a variation from the requirements of the . 7.Q n i n.g. B.y . L.a w Section 7 , Par . 7 . 2 , . 7...3 , and Table. . 2. and. . a. .Spe.cia.l. . .P.ermi. t. .un.der. . . Section 4 , Par . 4 . 122 (14 ) >6f the Zoning By Law so as to permit relief from. the. frontage. . arld_ s_etb.ac.k. . re.qu.i.rement.s . .aod. . . conversion of an existing dwelling to a . .fou.r . fa.mi l.y d.we.l.l. i n.g .. . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . the v a r i a n c e and Spec.i a l Pe.r m i t . and hereby authorize the Building Inspector to issue a permit to . . .r'1a.rY. .For.get.td. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: I 1 . That a minimum of eight (8 )_ parking spaces , located to the rear of the dwelling , be provided prior to the issuance of a building permit ; 2 . That the plans be revised to show the proposed parking spaces . Signed Alfred E . Fri ze11e , Esq . , Vice Chairman . . . . R.i.cha.rd. J . Tre. kpan.i. er ; E. , C.l er . . . . . . . . . . . . . . Augus.ti n.e I1 . Ni ck.ers.on . . . . . . . . . . Wa. ter F . Soule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals c NORTN o p Lit)D DEC ZZ I i 52 ,. "02 SgA�H135 TOWN OF NORTH ANDOVER MASSACHUSETTS h BOARD OF APPEALS i December 22 , 1982 Mary Forgetta 14-16 Ashland Street i Petition No . 39 - 182 Mr . Daniel Long , Town Clerk Town Office Building North Andover , Klass . 01845 Dear Mr. Long : i" The Board of Appeals held a hearing on Monday evening , November 8 , 1982 upon the petition of glary Forgetta . The hearing was advertised in the North Andover Citizen on October 21 and 28 , 1982 , 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 ; Augustine W . Nickerson ; and Walter. F . Soule . The petitioner seeks a variance from the provisions of Section 7 , Par . 7 . 2 , 7 . 3 , and Table 2 of the Zoning By Law and a Special Permit under Section 4 , Par . 4 . 122 ( 14 ) to permit the conversion of an existing dwelling to a four family dwelling on premises located at 14- 16 Ash - land Street . The petitioner testified that the dwelling had been constructed on the premises prior to the e..nactment of the Zoning By Law and that there are other multi family dwellings in the neighborhood . According to the petitioner , the dwelling had been most recently used as a pre-school , and it is economically necessary to convert the existing dwelling unit . to a four family unit and the variance request is necessary because of the dwelling ' s non -conformance . At the hearing , a letter from the Office of Community Development , supporting the petition , was read . No one spoke in opposition to the petition . i i I i I I. Mary Forgetta Petition No . 39- ' 82 C ER December 22 , 1982 1 `2 2 Page 2 '�C �a � r", ' Upon a motion made by Mr . Nickerson and seconded by Mr-. Trepanier , the Board voted unanimously to grant tfre variance as requested and to grant the Special Permit subject to the following conditions : 1 . That a minimum of eight (8 ) parking spaces , located to the rear of the dwelling , be provided prior to the issuance of a building permit ; 2 . That the plans be revised to show the proposed parking spaces . The Board finds that the particular location is suitable for a four family unit and that each of the provisions of Section 10 , Par . 10 . 31 for a Special Permit have been satisfied . Further , the Board finds that the provisions of Section 10 , Par . 10 . 4 have been satisfied in regard to granting the variance . Sincerely , BOARD OF APPEALS r� Alfred E . Frizelle , Esq . Vice Chairman AEF/jw I (Plan to follow) i Town of North Andover Office of Community Development Town Hall 120 Main Street North Andover, Massachusetts 01845 (617) 687-0705 November 8, 1982 Frank Serio, Jr. , Chairman Board of Appeals Town Hall North Andover, Mass. 01845 Dear Mr. Serio: This letter is in reference ty getta ' s request for a variance to construct two rental uni Ashland Street. As the Director of the Office of Community Development, I support Mary Forgetta' s concept for converting her property into a four family dwelling. The proposed conversion is. consistent with our goal to create new rental housing units in the downtown area:_ I Sincerely, OFFICE OF COMMUNITY DEVELOPMENT Gayton Osgood Director GO/kar cc: Mrs. Mary Forgetta i i i I 0 NORTH ANDOVER BUILDING DEPARTMENT ut pORTN 1 - , -so do 120 MAIN STREET NORTH ANDOVER, MA 01845VL � A - . 1 o�q. ��SSACHU i I i INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR November 8, 1982 i I Board of Appeals Town Office Building North Andover, Ma. Re: Petition of Mary Forgetta Gentlemen: The Forgettas applied for a building permit for four dwelling units and were referred to your Board for a Special Permit as required by the Zoning By—Law. Very truly yours, CHARLES H. FOSTER r INSPECTOR OF BUILDINGS CHF:adf November 8, 1982 k Good Evening. . . . .My name is Mary Forgetta; My husband Bart and I own the property at 14-16 Ashland Street , that presently is zoned R4, which allows conversion up to 5 dwelling units. Our ,building, as you can see by the plans, lends itself very well for conversion to 4 dwelling units. We have been approved by the Community Development Dept . for funding under their program, to develop .more vitally needed reA al units in North Andover. The granting of this special permit will in no way be detrimental to the neighborhood, because the area is generally Multi-Family and this board recently granted a similar permit for the adjacent property. Our lot is over size, and has more than twice the area required There will be ample room for the necessary parking, in fact , the yard is already hot-topped to allow parking for 8 or more cars . The building was originally built before there were any zoning requirements. A variance is now necessary for the front set: back and frontage. Without this variance, it will be impossible for us to utilize the property for it ' s best use. Most other property along the street have similar set backs and frontage; therefore, granting the variance will not derogate from the purpose and intent of the zoning by-law. It is an economic hardship to us at present to maintain the property . In order to pay for the property, economically it is necessary for us to have the additional dwelling units. So, in conclusion, we would like to point out that time is very critical to us right now,- because we dont know what to do with the property. Therefore, we request that you will act favorably upon our decision, as soon as possible. I� I October 21 , 1982 Mrs . Mary TOroetta 1328 Osgood Street "forth Andover , bass . 0 1334 5 Dear 'yrs . Forgetta : Enclosed Please find a copy of the legal notice for your petition before the 3oard of Appeals . D ! indly forward the amount of $4. 60 to cover the cost o� mailing the legal notices to the required parties in interest . In addition , the plan of land accompanying your petition has not been submitted to date . Please subnit this plan as soon a; ble to the Board of �. possi - ble office located on the second floor of tye Token Ila11 . Sincerely , 3^Arn OF APPEALS Jean E . ',.'hi te , Secretary j ar Enc . L ,- _ c • „ r ry . , r -. n r H n ^ - ' - •_ • /•'. r ` L 1. r , Received ;.y Town Clerk ; Da-te : ,0_1P_A2_ RC I OF NORTH A11DOVER, MASSACHUSETTS �o -•-`'� ` D00— LONG BOARD OF APPEALS Ti me T0WN C L E R K. VSs^C14USEt Rrt ?OYE1Rhi s application must be typewritten APPLI-.CATI CTOR kEil't"T' ROM THE REQUIREMENTS OF THE ZONING 0-R-biNANCE A p p 1 i cant �IqrY Forgettg Address 1.320 os-and N.Andover 1 . Application is hereby made ( a ) For a variance from the requirements of Section 7 _ Paragraph7-- 2— and Table 2 of the Zoning By-Laws . table 2 ( b ) For a Special ,'Permit under Section4 Paragraph4.1-92 f the Zoning By- Laws . (14) ( 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 14-16 Ashland St.. Street . (b ) Premises affected are property with. frontage on the North ( ) .. South ( ) East ( ) Wf Ashland Stxeet Street , and known as No . 14-16 .I saland Street . ( c) Premises affected are in Zoning District R-4 and the premises affected have an area of 22,550 square feet and frontage of 85 square feet . 3. Ownership j. (4aessaoau J � sjaays Ieuol4 tppp asp ) J . 3S T 4 . c T i i � b The principal points upon which I base my application are as follows : ( Must be stated in detail ) Thi dyill ne was constructed drier to the present re&irments and the by-law.. There ar�- other multi family dwP1 li T s- in thh area. The conversion if Necessary for econom:i.c r, 3,aso,q Thtyari nnn- -7,rcl 4z�c'i �.1 n^rrr►'t Tr i in no j,_yT be detrimeIItal to the A ea,and the use ig i n h rmc�nv wi t.h tbm a nPrs1 p rpoae and intent of the zoning by-law. i I agree to pay for advertising in newspaper and incidental expenses* .i Petitioner ' s Signature i L t 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 sha•11 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 Bo�ard• 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 c I r I 1 a ;?�Zv C1/v� 'lV ;3! til-« 15 ; ��