HomeMy WebLinkAboutMiscellaneous - 20 BROWNS COURT 4/30/2018 (2) -zo rowers Govr�"�
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Any appeal shall be filed
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. • • ►ass ;,, ► within (20) days after the
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rE1107 AM 18Z TOWN OF NORTH ANDOVER Clerk.
MASSACHUSETTS
BOARD
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . February , 1982
. . .19. . . . . . . . . . .
Petition No.. . . .41. .- . . .f31. . . . . . . .
Date of Hearing. . D e c PP b e.r . 14. , 19 81
Petition of . . . . . . . .Ha. .ro l.d. M?c.P he.e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . .16-18-.2 0. .B r o.w n s. .C o.u r t. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . z o n i n g B y L a w
S.ect.i.on. 7. Pa.raa.raP.hs. .7 . 1. , . .7.•.2 ,. T..3. a.nd. .Tab.1. e. .2 . . . . . . . . . . . . . . . .
so as to permit existing . .residen.tia.l. . s.tr.uct.ures. to. . la.wf.ully PAist. , . each
. on . its .own. A0..t1, ha.v.in.g . le.ss. .th.an. .the .r.e.qui .red. .ar.e.a. ,. .fr.o.nta.ge., . and
set backs .
After a public hearing given on the above date, the Board of Appeals voted to . . G R A 14.T . . the
II
v a r i.a n c e . . . . . . . . . . . . . . . . . . . . sAd( OrkV,Ao(iht>K*X ftxRi(il & VPX tw a
. . . . . . . . . . . . . . . . . . . . . . .
Xf��Y X�PI��t(�Dt✓Ki�1X b',X#�X�IQ�t�(�P9E�X��)��X�l00Pi(#�XO�PiI'S��X✓��X�#CiX
Signed
F.rank. . Se.rio , J.r., Chairman
. . .A1fre.d . E. . . Frizelle ,. Esq . , Vice Chairman
fl u.gus.ti n.e . h1. .. _ �Ji ck.erson.
Mu.a ri.ce. .S , .Fo u.l. ds. . . . . .
P,,aymo.n d. .A .. .Vi .ven z.i. o.,. . Es.q , .
Board of Appeals
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J,)YER
FEB 22 I I 07 Q 1 '82 'ITSA�MUSt�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 19 , 1982
Harold McPhee
242 Main Street
Premises Affected :
16 - 18-20 Brown ' s Court
Petition No . 41 - 81
Pir. Daniel Lonn , Town Clerk
Town Office Building
120 Main Street
North Andover , Mass . 01845
Dear Mr. Lona :
The Board of Appeals held a public hearing on Monday evening ,
December 14 , 1981 upon the application of Harold F1cPhee . The
hearing was advertised in the North Andover Citizen on November
25 and December 3 , 1981 and all abutters were notified by reqular
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 Raymond A . Vivenzio , Esq .
The petitioner seeks a variance from the provisions of Section 7 ,
Paraqraphs 7. 1 , 7 . 2 , 7 3 and Table 2 of the Zoning By Law in order
to allow existino residential structures to lawfully exist , each
on its own separate lot , on the premises located at 16- 18-20 Brown ' s
Court. The lots in question have less than the required area , fronta
and set backs .
The petitioner testified , through counsel , that the land was re-
zoned at the 1981 Town Meeting from G-B to P-4 . The petitioner
now wishes to establish each dwelling on its own lot making them
more marketable .
r IF
REi4tFiti�`:
Harold McPhee O2Petition No . 41- ' 81
T�
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'' 'ER
HORT
The Board took the applifn4on11AdO a viBement until their
January 11 , 1982 meeting , but because some Board members present
at the Public Hearino were absent , the Board was unable to vote
on the petition . Mr. McPhee ' s attorney granted an extension of
the 75-day requirement to render a decision to the Board , and
the matter was re-scheduled for February 8 , 1982 with Members
Serio , Frizelle , Nickerson , and Foulds present .
Upon a motion made by Mr . Frizelle and seconded by Mr . Foulds ,
the Board voted unanimously to grant the variance as requested .
The Board finds that the location of the structures on the land
creates a special circumstance and that a literal enforcement
of the provisions of the Zoning By Law would involve substantial
financial hardship to the petitioner in that the structures as
existing must be sold together .
The Board finds that the relief can be granted without sub-
stantial detriment to the public good and without nullifying
or derogating from the intent and purpose of the Zoning By Law .
Sincerely ,
BOARD OF APPEALS
Frank Serio , Jr. ,
Chairman
AEF/jw
' - Legal'Notice
I "TOWN OF'
'NORTH ANDOVER
i F -',MASSACHUSETTS
y; BOARD OF F
APPEALS _
NOTICE
&ORTH
hJ O
4
p
. X54 _
9SSACHUS �-
November 19,1981
ce Y hefeb given that the
Noti
Board of Appeals will give a he
'at the Town Building, North .'.j
An-
dover,on Monday evenifig the 14th,
t 7:30'
a . I
1 '.. =.'• r 1981, __.
be
da of-De -
Y
I
e
•• _`-'' .p.m. to all parties Interested in-th I
.appeal of,Harold J. McPhee re-
' of
7,
tin a va
rfatfon
�"'. .
questing
Paragraphs 7.1, 7.2, 7.3 and Table
j 2 of the Zoning By Law so as to per-I
mit.three existing structures toy
} i
.lawfully exist., each_on its owns
' \separate lot having less than the re-
quired areas, frontages, and set-
1
�•= .y,
_ r
''backs,and to re-establish lot lines',
on the premises,located on the Fast
side of Brown's Court and known as
"_.^
16;18,and 20 Brown's Court.
ter; By Order of the Board of Appeals.
Frank Serio,Jr.
- Chairman
Publish
N
A.Citizen: November 25
and December3,1981 L19
j .
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f
_ - Legal.,Notice
{ . TOWN OF
< • NpRTH ANDOVER
- ` ,' .r�'k'•k°�MASSACHUSETTS`' _ .
BOARD OF .
APPEALS
NOTICE .
HORT►M _
`t• A
November 19,1981
Notice is hereby given that the
j n- •',:;�Board-of Appeals.wIII give a hearig
at the'Town Building, North An
dover,on Monday evenir5g the 14th
day of.Qecember, 1981,.at 7:30 -
-.p.m. to all parties Interested in•thel
.appeal of Harold J. McPhee re- ,
'questing a variation of Section 7,
Paragraphs 7.1,7.2,7.3 and Table
2 of the Zoning By Law so as to per I
. '_mit.three existing 'structures to
lawfully ull exist,. each, on Its own,
`
-,separate lot having less than the-re-
quired areas, frontages, and set-
r,;4,�,backs,and to re-establish lot lines;
„,onthe premises,Iocated.onthe East
side of Brown's Court and known as
; '116x'18,and 20 Brown's Court.
�: :. . By Order of the Board of Appeals.
Frank Serio,Jr.
Chairman
r . 'Publish N.A. citizen:.November 25.
x' L191
�. .: and December 3,1981 •
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F - Legal Notice
r ' TOWN OF r.
NORTH ANDOVER
�'N' MASSACHUSETTS
BOARD OF •�
APPEALS`'
NOTICE
NO uT a•'��O10
I.
.- r
S9s ACHUS�
s
. .; November 19,1981 I
Notice Is hereby given that the 1
Board of Appeals will give s hearing
at the Town
Bu
9.
ildin North An-
:.. .
dover,on Monday evenUig the 14th
day of-WAmber, 1981, at 7:30
p.m.to all parties Interested in-thel 1
s appeal of..Harold J. McPhee re-
' .questing a variation of-Section 7,
Paragraphs7.1;7.2, 7.3andTablet
- 2 of.the Zoning By Law so as to per
mit.three existing structures toi
' ,lawfully exist, each on Its own;
'separate lot having less than the-re-
quired areas, frontages, and set-
backs,and to re-establish lot lines;
r on the premises,located,on the East
side of Brown's Court and known as,
'16;18,and 20 Brown's Court.
,lBy Order of the Board of Appeals. +
Frank Serlo,Jr.
Chairman
4 �• Publish N.A..Citizen: November 25_
1 ;"and December 3,•1981 L19 i
I
1.
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,4-
0 ti
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1 y
November 19 , 1981
Notice is hereby riven that the Board of appeals will give a
hearing at the Town Buildinq „ north Andover , on flonday evening ,
the 14th day of December, 1981 at 7 : 30 p .m. to all parties interested
in the appeal of Harold J . McPhee requesting a variation of
SFction 7 . Paragraphs 7. 1 , 7. 2 , 7. 3 and Table 2 of the Zoning By
DLaw so as to permit three existing structures to lawfully exist ,
each on its own separate lot having less than the required areas ,
frontages , and set-backs , and to re-establish lot lines , on the
premises located on the Fast side of Brown ' s Court and known as
16 , 18 , and 20 Brown ' s Court .
Per Order of the Board of Appeals
Frank Serio , Jr . , Chairman
Publish : N .A . Citizen : November 25 and December 3 . 1981
send hill to : Harold 0 . McPhee
242 Main St.
North Andover , Mass . 01845
i
NORTH ANDOVER BUILDING DEPARTMENT NORTH
e �
120 MAIN STREET 3?��`s' •D.!`'s0
NORTH ANDOVER, MA 01843 z
,SSACHU
INSPECTOR OF BUILDING$ TEL. 688-8102
ELECTRICAL INSPECTOR
GAS INSPECTOR December 14, 1981
Board of Appeals
Town Office Building
North Andover, Ma.
Re: Petition of Harold McPhee
Gentlemen:
This petition is for permission to establish
individual lots for the existing dwellings. This requires no
denial of a building permit from this office. It is my
recommendation that the Board closely scrutinize the petition
relative to a private way giving access to the lots.
Very truly yours,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS
CHF:ad
February 12 , 1982
'qtr. Harold McPhee
242 Main Street
jorht ^;ndover . ;Mass . 01845
Dear Mr. !IcPhee
This letter is to inform you that your request for a variance
has been granted by the Board ofAAppeals .
A formal Notice of Decision will be sent to you in the near
Dfuture.
Sincerely ,
BOPR ; OF APPEALS
Frank Serio , Or. ,
Chai rr^an
November 30 , 1981
Mr. Harold A1c.Phee
242 Main Street
North Andover , Mass . 01845
Dear Pyr. McPhee :
Kindly suhtmit $36 . 60 to cover the cost of processing your
petition before the Board of appeals . This amount reprea
sents the following :
D 125 . 00 filing fee
11 . 60 postage
X36 .64
A check must be made payable to the Town of North Pndover
and should be sent to my attention at the Town Office Building ,
120 Main Street , North Andover , I'lass .
Sincerely ,
BOARD OF APPEPL
Jean White , Secretary
December 2 1981
Mr. F,arold McPhee
242 lVai n Street
'forth Andover , Mass . 01845
[fear Air. 14cPhee :
Enclosed please find the requirements for the plan of land t;
accompany each petition Before the Board of Appeals .
D Please submit this plan as soon as possible to the, Board of
".ppeals , 1.20 'lain Street . North P,ndover , Mass .
Sincerely ,
BOARD OF A)PHUS
Jean E . White ,
Secretary
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
f NORTq
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S`SACMUSES
December 14 , 1981
Mr. Frank Serio , Jr. , Chairman
Board of Appeals
Town Office Building
North Andover , Mass . 01845
Re : Harold McPhee - Petition No . 41 - ' 81
Dear Mr. Serio :
In regards to the McPhee petition before your Board tonight ,
I have the following recommendations .
The applicant is requesting the Board to allow for the creation
of three non-conforming lots on a private street . The creation
of new lots on any street requires review by the Planning Board
as to the adequacy of the ways on which the lots front .
In this case , Brown ' s Court is a private street which is sub-
standard in terms of width and construction .
I would suggest that in the event your Board grants the variance ,
some upgrading of Brown ' s Court be incorporated into your decision .
The Highway Surveyor has recommended that the street be widened
to as close to 22 feet as possible . In addition , one foot of
gravel and two inches of a binder should be placed on the road
for the entire width . The potential connection of Brown ' s Court
to Garden Street should also be discussed .
If you have any questions , feel free to call Mr . Cyr or myself.
Very truly yours ,
Susan M . St . Pierre ,
Town Planner
SMS/jw
cc Highway Surveyor
hfflifi Wfl
TOWN OF NORTH ANDOVER
MASSACHUSETTS
f NOR7k�
41
p
•�' ._ ems.Y
9S`SACMUSES
January 11 , 1982
Board of Appeals
Town Office Building
North Andover , Mass . 0.1845
Re : Harold McPhee Petition
Gentlemen :
If the Board feels that the Planning Board , in conjunction
with the Highway Surveyor , is better able to address the
problem of access on the McPhee petition , I would request
that the Board at least inform the Planning Board of its
action with some mention of the access problem on the
McPhee property .
Thank you .
Sincerely ,
jt�'_4� / ; ) .
Susan M. St . Pierre ,
Town Planner
SMS/jw
IJ ' O, NORr,, ,
RECEIVED TOWN OF NORTH ANDOVER t �'
DANIEL LONG = MASSACHUSETTS * °
N CLERK
NORMANDOVER: :z=_._BOArD .OF 'APPEA.LS ;,s°�,;:o:�: �•
_ CHUSES
fTICE: This a lication must be t y
Nov �B � 05 ��( � PP ypewritten.
APPLICATION FOR RELIEF FROM THE- REQUIRMENTS OF THE= ZONING
ORDINANCE
Applicant Harold J. McPhee Address 242 Main St., No. Andover, MA.
1'. Application is hereby made
7.1, 7.2, 7.3 and
(a) For a variance from the requirements of Section .%M,Paragraph
of-- the Zoning By-Laws,. and Table 2 dimensional requirements. .
(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 . and buildings- numbered
Street.
(b).- Premises affected are property with frontage=-on the North
S8uth East erly West side of Bro,vt Court '�tt, and
known as NO. ) -a t-�66WIV 5 Cdc11C�`f
(c) Premises affected are in Zoning. District R4 ,and the premises
affected have an. area of 21,400 and frontage Of 164.10 feet.
sq. ft.
3. Ownership:
(a) Name and address of owner /ff Joint ownership,give all
1t�t�d � D
Date of purchase d ?3t) Previous owner-f 5Zj/C jj
(b) If applicant is not owner, check his interest in the premises: .
Prospective purchaser
— Lessee__-
•�RVSS303�I dI SZHHHS -IVNO11IQQV QQV
9. -The principal points upon which I base my application are as,.,
follows : (must be stated in detail)
Buildings were constructed prior to the-.enactment ofr _the.;zoning
law in the town of North Andover. The present re frements
A �
_ not be
separated _ nf-- numership as eras originall-V anticipated
t`then the buildings u ted. The present condition of the-
buildings lead to a difficulty in financing and marketability. The
proposed variance will not substantially derogate from the intent and
purpose .of the zoning by-law in that the buildings on their own separate
o s Will e keegini , tri.th t e enera neIg or, oo ana az o�. -ase
I reed to.tay or a ve tisin In eIV er a l incid�nta� e ens s
e ensa y o _ structures be and t os pesen y existing in Nie area•.
et' ' on 's S ' to
Sec. 1 APPLICATION FORM % y
Every application for action by t d - shall be made o
a form approved by the Board. These forms sha 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 information -
called for by the form shall be furnished by the applicant in the manne
therein prescribed. . r
Every application shall be submitted with a list of "Parties
in Interest':' which list shall include the petitioner, ab-dtters, owners
of land directly opposite on. any public or private street or way and
owners of land within three hundred_- feet of the property line all 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 town and the planning board of every abutting city
or town.
Every application shall be submitted with an application fee
sufficient to cover the cost of postage of n
terest.- otice to all parties in ,in-
LIST OF PARTIES IN INTEREST
NAME ADDRESS
f
ADDENDA
A. There exists on the property for which variance is
sought, three separate buildings whose dimensions
and sues are as follows:
1. Buildina No. 1 - a two-story, wood-frame dwelling,
occupied as a residence, whose dimensions are;
40 feet frontage and 30 feet depth.
2. Buildincr No. 2 - a two and one-half story, wood-
frame, residential structure with frontage of
24 feet and depth of 38 feet.
3. Building No. 3 -- Consists of a two-story, wood-
frame structure with frontage of 26 feet and a
depth of 30 feet.
LIST OF ABUTTERS
Petitioner: Harold J. McPhee, 242 Main Street,
North Andover, Mass. 01845
Davis & Furber Machine Company, 6 Elm Street,
North Andover, Mass. 01845
Arthur R. Murphy, Jr., 22 Beacon Hill Boulevard,
North Andover, Mass. 01845
Charles M. & Justine Breen, 35 Merrimack Street,
North Andover, Mass. 01845
L1 John A. & Constance Cronin, 21 Merrimack Street,
North Andover, Mass. 01845
42 Church Street,
North Andover, Mass. 01845
Joseph R. & Ruth N. Vernile, 69 Water Street,
North Andover, Mass. 01845
& Elizabeth Shea, 64 Church Street,
North Andover, Mass. 01845
�- Edward H. & Virginia F. Kollen, 58 Church Street,
North Andover, Mass. 01845
Y Yeghsa Giragosian, 54 Church Street,
North Andover, Mass. 01845
Ralph P. & Priscilla H. Thornton, 48 Church Street,
North Andover, Mass. 01845
Allen L. & Barbara V. Gesing, 17 Merrimack Street,
North Andover, Mass. 01845
Raymond J. & Gertrude H. Paradis, 22 Garden Street,
North Andover, Mass. 01845
Dorothy G. Abounader, 34 Church Street,
North Andover, Mass. 01845
LYNCH, WILLIS&JOYCE
ATT CAVY
160 PLEASANTPLEASANT S STREET
NORTH ANDOVER, MASS. -1-
01845
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J David J. Sifferlen, 36 Colgate Drive,
North Andover, Mass. 01845
James M. & Judith Ann Murphy, 61 Church Street,
North Andover, Mass. 01845
Frederick Redman, 88 Elm Street,
North Andover, Mass. 01845
✓' John J. & Maureen A. Donnelly, 54 Mater Street,
North Andover, Mass. 01845
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LYNCH,WILLIS &JOYCE
ATTORNEYS-AT-LAW
160 PLEASANT STREET (((j```//J
NORTH ANDOVER, MASS.
01645 -2-