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HomeMy WebLinkAboutMiscellaneous - 15 COURT STREET 4/30/2018 (3) o Q s A 1 N dr 5 N over QSP ®Plaalmg 13409 AppRoOm ftea:,ll:.a.�-,�.,.w. Rewbg ane aar Dedsim ane as b .Legal Notice TOWN'p N(PATH ANbOVER BOARD OF APPEALS NOTICE, f r10RTH O L O A CHUS� - November 22,1983 Notice is hereby given that the BOARD OF APPEALS will hold a public hearing on Monday even- ing, December 12,1983 at 7:30 p.m.in the Town Office Meeting Room with all parties interested in the application of MARK S. CROTTY requesting a review of a decision made by the Building Inspector and revocation of a building permit issued for land on the West side of Court Street and known as 15 Court Street. Per Order of the Board of Ap- ;peals. By:Frank Serio,Jr._ Chairman Publish N.A.Citizen:November A'23 and December �1, 1983 - - a18.824 NORTN O S F ♦ i ;.41 � ,SSACNUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 22 , 1983 Notice' is hereby given that the BOARD OF APPEALS will hold a public hearing .on Monday evening , December 12 , 1983 at 7 : 30 p .m . in the Town Office Meeting Room with all parties interested in the application of MARK S . CROTTY requesting a review of a decision made by the Building Inspector and revocation of a building permit issued for land on the West side of Court Street and known as 15 Court Street . Per Order of the Board of Appeals By : Frank Serio , . Jr . , Chairman Publish : Citizen : November 23 and December 1 , 1983 Send bill to : Mark Crotty 7 Court St . No . Andover , Mass . yi.. �r.. oRTEy\4} c ?C �c�r^A�T•'��;r any appe-al s!-,ail t3 t - - 3• L r .J 0: �APAIL7Te`�• Wlti ;n L0� C��)'S \ ', 1855 date of fi`'n- of i;iis >;`kc in the Office of the i^ .n L , �`� i-4 € 3 � iG TOWN OF NORTH ANDOVER Clerk. MASSACHL-c:-t,,-f TS OF A;'; Y!A S 140 ICE OF DECISION February 8, 1.9 Date . . . . . . . . . . . . . . . . . . . . . .84. . . . . . Petition No.. . . .7 9-.1.8 3. . . . . . . . . . . Date of Hearing. .December 12, 1983 Petition of . . . . . . . . . .].1A.RK. .S CROTTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .T-and at. .15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reie.ring to the above petition fora &U r.eview. .of. .a de.cisJon .i;1ade .by. .tiie Buil ding . Inspect-.or. .and .tn.e .rc_vocat_i.on. .of. .a building. permit .issued, for, an. addition. .to. .an. .existing. . . (Iwe1 Ii:lig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a pull-Ilic hearing given on the above date, the Board of Appeals voted to . . . Deny . . . the 1De t i ti on eFG :g'rr. lar td L?3: 1Ca.73�13 Gid:? r 5�� i 7�i 4CS &3txe�d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prank Sc-.rioI Jr_ . , Cha firman. T_lfr d Friz.,r.11e , Esq... , . Vice, . C :. ' Ric.iard. J. . Tre.pan.i.er.,. . Esq. ,. . Clerk Wi11 ` im. J. . Sullivan. . . . . Augustine - W. ,,.ickerson. . . Board of Appea!s Any► "shall be filad n�a act vIiLhin (20) d, af�er e o? •' _ °» sic' Of P_ in the 0 ;1_� (I Lhe i c.,vn i{ l t U V ��ss�cNus!t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF February 8, 1984 Mr. . Daniel Long, Town Clerk Mark S . Crotty Town Office Building Land at 15 Court Street North Andover, Mass . Petition No. 79- ' 83 Dear Mr. Long: The Board of Appeals held a ),lblic hearing on December_ 12, 1983 upon the application of Nary S . Crotty. -i'le hearing was adver- tised in the North Andover Citizen on rove.-ber 23 and December 1, 1983 and all abutters were notified by regular nail . The following members were pr.esr nt and voting: Frank Serio, Jr . , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq. , Clerk; Willian J. Sullivan; ;�.nd A-agustine W. Nickerson. The petitioner seeks a review of a decision Made by the Building Inspector and the revocation of a building permit issued for a new dweI_li.ng for land on the West side of Court Street known as 15 Court Street . Mr. Crotty testified that he is an abutter to a neva dwelling on Court Si-reet which he believes is a separate structure to an ,xi.sting d,,.,ell i ng, r.ven tl-cuah thev are connect,-d by a garage. I;-' ':''I_i .ves tliat _bra two buildings 1:)n C .iP_ lot, 14hlcl"1 is 3 vi,,)1 ,iv , on of t'-:e Zorth '�.iUov �r Zt_)Hing By T - ;�. A or cion of t.')i s �Oak cel of l and i .�s il.e s_,,—' -(--t of Petition 1:0. 50- ' 83 by Mr . Ricl''.a cd T,e'Cari_e %,•hen a s,_'tb-ick var l ince to al l Cw the cons .rlici_ ion of a s7 z3l-e fF :n 41yT.9 's d .niad by t'-ii s =,_)„rd . ;^3 ' and : n 1,-i _ )'li.vi. s ..y '✓." r' ._ "tCe in 1:JS :V 1`1,-r 7 JL - Jt'� _r, - il ) t.C? T var i &_i'_e al.lc ed 7i13 of '.Cts . Grie It--)t costa' ns irs . Letirte ' s dwall-ing, one ccntains 14r . Crotty' s dwelling, and the third 1_ot itias the subject of Petition No. 50- ' 83 . The lot which was the of i'e'r.i i.' �n No. 50- ' 33 and t'ze lot contsini.ng .yrs . i:are jt)i,f.d to form Lhe lot which is the sul) ',ect of fhis h, •3Yin_g. Mark S . Crotty Land at 15 Court Street Petition No. 79- ' 83 February 8, 1984 Page 2 FEB The Board took the petition under advisement and rendered a decision at a Special Meeting held on Thursday evening, February 2, 1984 with 'Members Serio, Frizalle, Trepanier, Sullivan, and Nickerson again present and voting. Upon a motion made by Mr . Frizelle and seconded by Mr . Trepanier, the Board voted .four to one, with Members Serio, Frizel-le, Trepanier, and Nickerson voting in favor and Member Sullivan abstaining, that the Building Inspector properly interpreted the Zoning By Law under the provisions of the By Law. Specifically, a two-family dwelling is an allowed use in the Residential-4 (R-4) zoning district. Further, the definitions of a building in Section 2. 26 and a Dwelling, Two-family in Section 2 .34 are broad and the building in question falls within this broad definition, since it is or will be, pursuant to the building permit, connected by a foundation. The Board further finds that a certified plan by Cyr Engineering shows that the building meets the frontage and setback requirements of the Zoning By La:,j and for those reasons, the Building Inspector ' s decision was proper and is upheld. Sincerely, BOARD OF APPEALS Franc Serio, Jr . , V Chairman jw O� NOR7M ? �t. ao•a 1'r Received by Town •Clerk : Date : �/ �� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS .�•^"� 5�� 5E< Notice : This application must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant ",42/<- S, C20 7- Address 1 . Application is hereby made ( a ) For a variance from the requirements of Section Paragraph and Table 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 0 Inspector or other authority . 2 . ( a) Premises affected are land X and building(s ) x numbered 71+,e I ZA" oN Co V47- Street . ( b ) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( } side of 6vU> z Street , and known as No . _ /y- duolgi"- Street . ( c) Premises affected are in Zoning District and the premises affected have an area of square feet and frontage of feet . 3. Ownership (a) game and address of owner ( if joint ownership , give all names ) : Date of purchase ; Previous- Owner, ( 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 ; Height : stories ; feet. ( a ) Approximate date of erection : ( b) Occupancy or use of each floor : (c ) Type of construction : 5 . Size of existing building : feet front ; feet deep ; Height : stories ; feet . (a ) Approximate date of erection : ( b ) Occupancy or use of each floor : (c) Type of construction : 6 . Has there been a previus appeal , nder zoning , on these premises? _ Y-941, — I f s o , when? IF6 S z Pj/ / r; �"fv—f 3) 7 . Description of relief sought on this petition 8. Deed recorded in the Registry of Deeds in Book Page or Land"Court Certificate No . BO0.0k Page MORTIS O� O 9 F Ms �� Ss CH TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO All applicants and, Parties in Interest FROM Board of Appeals SUBJECT : Board of Appeals Meeting - January, 1984 DATE January 12 , 1984 The January 16 , 1.984 Board of Appeals meeting has been re-scheduled for Monday evening , January 30 , 1984 at 7 : 30 p . m , in the Town Office Meeting Room due to the holiday . The nc-lo ed leg - notice reflect-s _ hi-s c ange— The apologizes fog any i co eni-ence his ch ge may - have a PERMIT NO. l_S APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE 1 MAP NO. I LOT NO. 2 RECORD OF OWNERSHIP DATE BOOK (PAGE — ZONE SUB DIV. LOT NO. «[Z— LOCATION cPURPOSE OF BUILDINGART 4,d", dQ,:' '-`f I sc OWNER'S NAME I �-'- NO. OF STORIES SIZE �.--- (' JAJ S. _ �- . L :-o-Yer cd CL:..,,f. t OWNER'S ADDRESS BASEMENT OR SLAB /� C ARCHITECT'S NAME [ e i" SIZE OF FLOOR TIMBERS ISTJ t r� 2ND Gj Ir'�U- 3RD BUILDER'S NAME SPAN DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS DISTANCE FROM STREETj C i{.- " POSTS DISTANCE FROM LOT LINES - SIDES f REAR 16C r GIRDERS /U AREA OF LOT ' % ^ -7 FRONTAGE �y I HEIGHT OF FOUNDATION G C/ THICKNESS !G r IS BUILDING NEW SIZE OF FOOTING lC' 1 X /y '/ IS BUILDING ADDITION MATERIAL OF CHIMNEY C IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM TO REQUIREMENTS OF CODE \/�1, IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION, IF ANY IS BUILDING CONNECTED TO TOWN SEWER r ��.✓ IS BUILDING CONNECTED TO NATURAL GAS LINE INSTRUCTIONS 3 PROPERTY INFORMATION LAND COST SEE BOTH SIDES4 EST. BLDG. COST O/ a/ PAGE 1 FILL OUT SECTIONS 1 - 3 EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM PAGE 2 FILL OUT SECTIONS 1 - 12 - - SEPTIC PERMIT NO. ELECTRIC METERS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR I DATE FILE 17 �V '3 BOARD OF HEALTH SIGNATURE OF OWNER OR AUTHO ZED AGENT F E E J6� C� lit Vii+ PLANNING BOARD l PERMIT GRANTED 19 BOARD OF SELECTMEN BUILDING INSPECTOR `i 1 S'KoT-C& w r'ticY Add c"T`!a To L�Z'a► Te 1JLue/( /A�y NORTH ANDOVER BUILDING DEPARTMENT Of NORTH, 120 MAIN STREET 3? .�`����•����o� NORTH ANDOVER, MA 01845 p p Q o+GC.► � O ,4 1SS/1CHUSfct INSPECTOR OF BUILDINGS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR November 30, 1983 Mr. & Mrs. Mark S. Crotty and others 7 Court Street North Andover, Ma. Dear Sirs and Others: In answer to your letter of November 24, 1983, I do not agree with you that Mr. R. Letarte is in violation of the Zoning By Law. Mr. Letarte has been issued a building permit for an addition to his mother's home based on the fact that a two family home is an allowed use for the area. There is no violation of the area and the frontage requirements and the proposed addition meets the required setbacks. Mr. Letarte has had the two lots combined by deed, thereby eliminating the interior lot line. Surveyor's plans are in existence to show that all the necessary requirements are being met. It has been a long standing policy of those of us involved with zoning, that two dwelling units could be placed on a lot in a Residential 4 District so long as they were attached in some manner. In fact, some designs for two family homes show the two dwelling units with garages between. In conclusion, I do not consider that Mr. Letarte has violated the Zoning By Law in any way and the building permit remains in effect. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS and ZONING OFFICER CHF:of Copy to: Board of Appeals Mr. Richard Letarte Other concerned parties as signed MAGSACHUS£TTS QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 881 jt--3 � $� coo ALICE M. LETARTE m of NORTH ANDOVER ESSEX County,Massachusetts, being unmarried, for consideration paid, and in full.:onsideration of ONE DOLLAR AND N0/100 ($1.00) PLUS OTHER GOOD AND VALUABLE CONSIDERATIONS grants to ALICE M. LETARTE and RICHARD W. LETARTE, AS TENANTS IN COMMON of NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS W'd' 1a111trlulnl rnupnunts the land in NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS [Description and encumbrances,if any] The land . in North Andover together with the buildings thereon, bounded and described as follows: EASTERLY by Court Street, one hundred fifty-eight (158.00) feet; SOUTHERLY by land now or formerly of Heathcott and .� other land now or formerly of Fink, in O0 several courses a total of two hundred O seven and 35/100 (207 .35) feet; WESTERLY by Osgood Street, one hundred (100 .00) feet; and 1.-7 NORTHERLY by Lot C one hundred thirty-two (132.00) Q) feet. 0 b Q Meaning and intending to convey both Lots A and B on a plan of land entitled "Subdivision and Acceptance Plan, Alice M. Letarte" dated January 1965, and recorded in the North Essex Registry of Deeds as z Plan No. 5221. ' Said lots containing 21,637 square feet, more or less. Being the same premises conveyed to the Grantor and her late husband, by the deed of Anthony T. E. Elmendorf by instrument dated :3 June 15, 1955 and recorded in the North Essex Registry of Deeds Book O nl Parc. 47 u7 Wi211ros our hand and seal this 31st day of .October...........................19.83,._... .................... .......................................................................... ............Al'ice'1VT. 'L'etaite. ............................... .......................................................................... ............... .......................................................................... ................. Mlle TOMM11"Wral14 of filulloar4lis ttfl Essex ss. October 31, 1983 Then personally appeared the above named Alice: M. Letarte and acknowledged the foregoing instrument to be her free act and deed before me ........................................................................................................ Notary Public—Justice of the Peace My comrnission expires December 29, 19 89 (*Individual— Joint Tenants—Tenants in Common.) CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary stun.The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recittals shall be recordrd as part of the deal. Failure to comply with this section shall not affect the validity of any deed. No register of d shall accept a deed for recording unless it is in compliance with the requirements of this section. Ldp P �`tt.,t r t•r .���� xC�f .a ; .,der aY9. a t � -''_..ri/f .+tyy-il,.aU t •x 5 /,t 1 ., t i S j te.: a '� " 's"f .5+4', _ . w:: s . .C41 v } �d �, # 4 �•�+, •ki t'`.-;. ,� . - - � '• ,� w,.of t-. r � F... k a� a� tYyy f. .-«.:bir.+a�ite..,,.,,_.a._.,p-.+r_>�--,:.�_._._c _=-.-Fi.------ ..._._. __.'z____ .cf�;ts. •:_...,. _.zr .:ems'_ __. - —. ._...--- — - - - -.___. _. _.......! nvember ::14. 198:7, O� Mr. t:hAr:l {•rias Foster >=.+_.li. l. ding Inspector- Town of llc)r'th Andc)v(-.�r. M,'? Dear" Mr".. Foster: +i-de. the undersigned, bel. j.eve that the bUi. 1.di.nda now under- C:dJnfml:l"l_lc:'t1dJl'1 by Mr. R. Letarte at 1:5 (-_,t:lur"f' Street :i,_:' :irl yiOlaatTC)d f the town' s Zoning By-Laws. A bc..li.11ding of this nature I(ec)dd-EEs:i d:: dome or garrison of .i_'. 500 to 39000 e:>cil_eaard? fdaaal. � constitutes a new, independent and separate building on a. Iot already containing a large single dwel .l i nc l and is, -therefore nett permitted without a special. permit from the Zoning Board of Fap1JE?a:l sas. The addition of this bui :l di nda it. not consistent with 'the intent of the Zoning By-Laws to preserve the value of land and building!,; and -to prevent 'the (:)v(=r' cr'ovid:i riga of land. In. addition 4 additiono 'there arca two technical violations of the Zoning By- Laws. Fi rs:;'t, the bu i 1 di nci under c:darlstrut_ti orl vi ol::lt.esr, the reizJr setback requirements. Even ti-lough the Letarte Family owns the recir :l o't . the two lots must be legally merged :in order to c_o(Ilp*t y .h�i.th the Zoning By-Law=s. Second, the plot plan submitted for lYlr . Letarte s two prior building promo sail s included :'S -to 7"' f e e t of land along Court Street that i.s not shown in his deed at the Req.i s:itry. Thai w di sc:repancy has never been adedtUa't:l s•>:pl.ai.ned. if the land actt..dal. ly ergsists, its ownership is in question. fhe 1 ,and :in question could belong to Mr. Lcatarte, arty one of th abutters--,. or none of us. This i.SSUe must be resolved before r1d:'tual finetbar_'1<:ss can be deterdili nerd. Fina 1.1v. there are two ProcedUl'-al. violations on -the Part of ihe 11d_t:i :l i n Inspector' s Off i ce. There is no accurate iJ:l dJt ,_,1 .In ow i.nq =.settbacks on record i.n the office. Also, there? have been 11 C) f i vial bt_ti I di n o l ans on since 't1"le meccJrid:l vjd=e (:)•f: October. I)l..iring the last six weeks major modi.fi.cati.ons have bean dnade, i 1-1(::.l l.ddi ng the proposed c_danstrd_td:t i on of El a(-2fad:Ie1SI c: (JOIdiE3 v,,i.'thui..it Ql.aans being submitted. SIE.' r-eClt..lest that YOU correct 'thes:e viol.atti.onsa as scion az possible. e. ti'saI"1d:d?I"11 YOc_drS. The Underssi caned. f E -`d- a i i-, =Fx:,tX n � .':Zyf�7t•e6 t 400*t - -x •�rt•t...., y+e,,k'�, no'YaGc'+ k a� tapr +`� `u• - L,`,Ri: a `ceSd' `l: 10 y� ,. i z �, x .T s t +c� z+ a 13 + . n � y•: ' + .L� -..tom., ...::� ';•�.. "" .._. ,+...... .� .. �+4 ..�. J.i..-, .�... �@ ^0.� _ Y . �.� 2 � d � 'r 37 Y 37 CC �inl� },... . ' is � t��r y+ ¢ t�� n.4�•:�,�h 1.$ 5, �L,' ! �tF��� ��'�w 4�`�� 't , °- r