HomeMy WebLinkAboutMiscellaneous - 163 HIGH STREET 4/30/2018 (2) i AppUCATION FILED ON:,3 f -� DECISION DUE ®N: 1 CP 2- I E- t J R I I I 4 I I EMLTE MADE IN U.S.& NO. 7.5.2113 0 o a i I i% � Tel.(617)851-9421 851`-7643 MICHAEL A. MARTELL Attorney At Law Law Offices Of William A.McNamara ).Alan Roberts 500 Clark Road Michael A.Martell Tewksbury,MA 01876 f Legal Notice l-.gal Notice TOWN OF i .WN OF NORTH ANDOVER R` i ANDOVER NOTICE BOARD OF APPEALS NO �. x "NOR'. AF APPEALS , ORTH Uf NORTH, Cf,+� �,,�•o a ,yO .. 3?.btu -• �� �O 0 o ArLwS CH o 1 -e ,• # March 19,1985 March 19, 1.985 Notice is hereby ben that the . � Board of Appeals .will give a Notice is hereby given that the hearing at the Town Building F � BOARD 0 APPEALS will give a North Andover,r, on Mon # � ^•, hearing at the Town Building, ' evening,,-the 8th`day of April ` ) North Andover, on Monday 1,985,at 7:30 o'clock,to all par - -- evening, the 8th day of April, ties interested in the appeal of t i Nt 1985,at 7:30 p.m.to all parties NORMAN AND ELLEN LUND- `. ihterested in the appeal of OVIST requesting a variation of�_ LEONARD AND MARY Sec. 7,Par. 7.1,7.2 8 Table 2`r :� MARGARET PROVOST re of the Zoning By Law so as td questing variation of Section 7, permit retie from the required lot Paragraphs 7.1, 7.2, 7.31 7.8area and ' 3ntage to allow the and Table 2 of the Zoning By conveyance,of a parcel of land to Law so as to permit.relief from an adpin{.g parcel .on the ;he sideyards requirements, premises, cated at 163 High street frontage and lot area re ! Street. a quirements to allow the con- By Orde, of the Board of Ap-1 struction of a single family dwell- peals. Ing or a variance to allow the Frank Serio,Jr. a owner of an adjoining lot to con- Chairman vey a triangular parcel and allow Publish N.:,,`Citizen: March 21` ' . said construction of a singleand'9,19€;.3 F29 family dwelling on premises 4 located at the East side of High` Street known as Lot 26, High Street. By Order of the Board of Ap- peals. -- Frank Serio,Jr. 3 Chairman Publish N.A. Citizen: March 21 a and 28, 1985 F30 s. 4 r w x t a: t .Y NORTy Y ••f,;� 1885 ACNt19Q'4'� - ►'►nom+++ 'x: TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS A` , NOTICE ' : . Mazch .l9 .1985 { = I . . . -- - _ Notice hereby er eb 'ven y gi that the Board of A' _ala will give a PPe � hearing at the Town Building, North Andover,on' Monday Y;- . .evening . . . . . . the RtYh. day of . . .April. . . . . 19 8 5 , at.7: Vclock, to all parties interested in the appeal of NORMAN. AND. .ELUN. ,LQNDQUTST. . . . . . . 'i 2 & Table 2 requesting a variation of Sec.7... • Par,. 7. .., ,a the Zoning By Law so as to permit. relief . the. r•--.q uired: • F lot .area. .and. .frgnt.age. to, ,allow the conveyance of a'. parcel. of. .land. to. an . adjoining. parcel. ,3g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . .163 High Street . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i By Order of the Board of Appeals ' a ; By . Frank Serio, Jr. , Chairman Publish: Citizen: March 21 and 28 , 1985 , Send bill to: Atty. J. Alan Roberts 500 C 1 a rk Rd. Tewksbury, MA 01.876 a. LA oF:- IN NOPT- H A � DOVEQ.) MASS . FOS V �� O�ZMAQ D. � E LLLu wLDQu c �s . A P2, 5, k965 �r-"N'L-t-zoo COMP( ED F�ZOM DEEDS F.- LA►�.� LAWL2EW(I E F, iE--WAWDA VC, VOPE:G # 22 SQ,tc:,HTWOOD AVE . WzTC 4 QNDDVGR BDARp O: APPEALS � I t r SC-kLE: OF . 5F-MT cA O_ MOzMP,N D ELEM NA , �_-1'e � JULIA SA,LAC H 7-10 0,095 �' Q `, ,4SSESSc�rvs Inc-frt:R,t~WCE - MAP O-Lor3�- - Z 4 DEEDREFEREN�E; �k,�35 - P. '1-41 ' ' IS � V to A DWELU H) 'Y U wl 9 .5' D — 4 v) �.; 1DWELLtWCr l35 w r U NEW. -� YE (ST(Qc:-� Lille ► �3 pRo�'E tT 'f To tE V0 Dlsccac`lTI �1VEt7 L.UQDQUt�T TO SALAC� -� V. 1(x,0,` �,$&4 - -a ' '-- 13 c" c�cQar - -'� ,a 130. 8C.)r '�-) E F--r FUR.BE[ZAVE, QPPoStTF- d5r W ( DF- 60KIA,Lv A,q., CkTNEtZINE- p M,&CNVL —IC4 14iGN ST, Hca• 0 y th t this Ptah was . FRA.WV, E, S- (SAN LE E. SWEETSC-2 IS4 -WtG1d ST. pared In conformance with the Mules and Regulatlons of the 0 2TN Q W DOVER P Ld W N I K4 150At2D 110918ters of Deeds. kA APP(-)ovAL. ONPE!R. 7 HC S IF11GHt_Awovlew 5UEOIVtSIO(J (::Ot tTQ-C)L Roo+-z-r C7',Goozw(I 4 r+c �\� t,pir�5 �i d p ki 5'TC�Zana�.sG rvd o Rg8ER7 yN LAW NOT � Q L,1(( i , c OI I.I. TY ----`-'� 4 t GH ST 62 CE-WT2AL. Sr. " a000wlN y. 40 via Locca�J A/or#i.AndovI Via 'n1l --, b�� MAP• �AT� suR�E` NORTH ANDOVER BUILDING DEPARTMi NT AORT#1 f � 120 MAIN STREET ����jL•e '.i��o� o w NORTH ANDOVER, MA 01845 r SACMU INSPECTOR OF BUILWNOs TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR April 89 9$5 4 Board of Appeals Town Office Building North Andover, Ma. Gentlemen: Relative to petitions before your Board, I have the following commentsto make: 1. Petition of Robert G. Franz: Dr. Franz was •-eferred to your Board since an in-law apartment requires a S •ecial Permit from the Zoning Board of Appeals. 2. Petition of Miele Realty Trust: The petitioner was refused a building permit because the building lot d. d not have the required area. 3. Petition of Malcolm Norwood: Mr. Norwoo '. wa.: refused a building permit because his proposed addition did not _ ve the required setback. . k. Petition of Kenneth Kelley: Mr. Kelley was refused a building permit because his proposed addition did not have the required setback. 5. Petitions of Provost & Lundquist: No comment. Very truly yours, CHARLES H. FOSTER INSPECTOR OF 'tUILDINGS r CHF:of y6 J►y ORT- Any appeal shall be filed . NIF l C�P:G '3;,r�4�00�+r�o°��� within (20) days after the rard`�� ftK t r: ;� ► date of filing of this Notice NOR A . r4! ,4 d18 8ss . . ' VER `�;"ssq g�.�`4� in the-Office of the 'Town APR Q� �8 ,VV Clerk. •►rvvtt 5 TOWN OF NORTH ANDOVER MASSACHUSETTS " BOARD OF'APPEALS NOTICE OF DECISION Date . . . . April 17 , 1985 Petition No.. . 22-.'.8 5. . . . . . . . . . . . Date of Hearing. .Ap r i.l . 8_,. . 19 85 Petition of . . . . .NO.RMAN. AND. .ELLEN. .LUNDQUI ST . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . Premises affected . . . 16.3. H i g1h .S t re e.t. . . . . . . . , . . . . . . Referring to the above petition for a .variation from the requirements of the . . .Zoning .By, .Law Section 7, Paragrap:zs 7. l and 7. 2 and Table 2 so as to permit .relief from .the. required. area .anld. frp.,ta,gq. to. allow, the conveyance. .of a parcel. ,of. .land. tp, an. adj.o.iP? lg narce.l . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . .G ran t. . the variance. and hereby authorize the Building Inspector to issue a permit to —construct. a .single . family. .dwe1ling. .on. Lot . 2.6., . High .Street. for the construction of the above work, based upon the following conditions: (see attached) * for Salach (Lot 26) and Lundquist (163 High Street) . The variance shall be as set forth on the plan of land for Lundquist; namely, the frontage for the Salach lot shall be 50 . 88 feet; the frontage for the Lundquist lot shall be 70 feet. In addition, the Board grants a variance for the area on the Salach- lot and a side line variance for the Salach lotto allow construction to 13 feet Signed on either side and denies the variance for the rear setback. drank Serio, Jr.. ,. .Chairman. . . . Alfred ,E... .F* ize.11e., . Esq..., . Vice Chair . . . . . Au:gustine. .W.. .Ni.cke.rson,. Clerk . William. J. . ul.livan. . . . . . . . . Walter .1+'... . S,U 'le . . . . . . . . . . . . . . - Board of Appeals Lundquist, Norman and Ellen Petition No. 22- ' 85 April 17 , 1985 i Conditions of Approval: 1. That the construction on Lot 26 be limited to a single family dwelling. 2 . That no fence be erected on the Salach lot between the street and the front line of the dwelling abutting Powers on the lot. line. 3. That two (2) additional plans be submitte6 to the Board to con form with the variances as granted. f, q ' A. J n RECEIVED CAIII •� NORTH filed C_ t.UNG °� , Any appeal shall be TOrllN CL'.RK ,,�.o ,,,do NORTu; yar[I�VER Fa "� °p within (20) days after the 41 date of filing of this Notice APR ZZ IO ;5 Q :: .r• ;.�... „n in the Office of the Town 'SS 'S$ACNUStt Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS ` BOARD OF APPEALS Apri - 17, 1935 Mr . Daniel Long, Town Clerk Norm<,n T�undquist Town Office Building 1r3 Figh Street North Andover , MA 01345 P- ,A� ion No. 22- ' 85 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, April 8, 1985 upon the petition of Norman and Ellen' -Lundquist . The hearing was advertised in the North Andover Citizen 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, Clerk; William J. Sullivan; and Walter F. Soule. The petitioners seek a variance from the provisions of Section 7, Paragraphs 7. 1 and 7 . 2 and Table 2 of the Zoning By Law so as to permit relief from the required area and frontage to allow the conveyance of a parcel of land to an adjoining parcel on premises :Located at 163 High Street . This petition was presented simultaneously with that of Leonard and Mary Provost , being Petition No. 21- ' 85, affecting Lot 26, High Street . Counsel for the petitioners testified that a sliver of 163 High Street will be conveyed to the owners of Lot '6, High Street . This - conveyance will result in 163 High Street �:onsisting of 13, 460 square feet with 70 feet of frontage . The proposed building lot (Lot 26 ) will. consist of 6, 095 square feet with 50. 88 feet of frontage . This conveyance wi.l render. .Lot 26 in compliance with Section 7 . 8 of the 'Zoning By. 'Law, which addresses "exceptions" and both lots would be similar in size to those in the neighborhood . Norman and Ellen Lundquist 163 High Street Petition No. 22- ' 85 April 17, 1985 Page 2 No opposition was voiced at the hearing . A request by a direct abutter prohibiting the owners of Lot 26 . from placing a fence- between encebetween Lot 26 and 153 High Street was p.r. esented 'to the Board. Upon a motion made by Mr . Frizelle and seconded by Mr . Sullivan, the Board voted unanimously to grant the'• varianc.- for Salach (Lot 26) and Lundquist ( 163 High Street ) petitions . `"he variance shall: be as set forth on the plan of land for Lundquist; namely, the frontage for the Salach tot shall be 50. 88 feet; the frontage for the Lundquist lot shalL be 70 feet . In. addition, the Board grants a variance for the area on the Salach lot an s_.de Line variance for the Salach lot to allow construction to ij f et on either side j and to deny the variance for the rear setback . Said variance is subject to the following conditions : 1 . Tnat the construction on Lot 26 be limited to a single family dwelLing. q 2. That no fence be erected on the Salach lot between- the street and the front Line of the dwelling abutting Powers on the lot Line . 3. That . two ( 2. ) additional plans be submitted to the Board to conform with the variances a s granted . The Board determined . that the area of 163 High Street meets the requirements of the Zoning By Law, and, there£or �!, no variance is needed from Section 7. 1 for . 163 High Street . In granting the variances , . the Board finds that oectin 10. 4 of the Zoning By Law has been satisfied. In particular the Board finds that the proposed building lot and the existing Lot at 163 High Street are similar in size to other lots in the neighborhood and, therefore, will not cause an adverse affect tr the neighborhood in general . Further , the Board finds that this co.-:veyance can be allowed without causing a detriment to the neighi)orliood and without nullifying or substantially derogating f.rDm the intent and ---- - purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS_ Frank Serio, Jr . , Chairman jw (plan to follow) Date: T$�li'�'� & 14ORTH ANDOVER, MASSACHUSETTS kr 'D BOARD OF APPEALS raiy, �0� Time ;""'. . )VORr A'tL kM,. "rA�l9e : yR appl i cation must be typewritten APPLICATION FOR RER,�O THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant' Norman D. and Ellen M. Lundquist Add ress_16'3 High Street, No. Andover, Ma. 1 . Application is hereby made • ( a ) For a variance from the requirements of Secti-on 7 Paragraph 1 &:2 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 and building (36 ) numbered 16'3 High Street . ( b ) Premises affected are property w..ith frontage on . the North ( ) South ( ) East ( x- ) . West ( ' -) si de of High Street , and known as No . . 163 High Street . ( c) Premises affected are in Zoning District and and the premises affected have an area of 13905 square fee:F and frontage of 80 fleet .' 3. Ownership - - --� (a) game and address ' of owner ( if joint ownership : give all names ) : Norman D. Lundquist and Ellen M. Lundquist, Tenants by the Entirety Date of purchase May 10, i61 ; Previous-. Owner.. ,Inmag .T- 'anrl Anna P_ F;;rloy — - - (b ) If applicant is n.ot 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 : 24 feet front ; _50 feet deep ; Height : 2 stories ; 30 feet . (a ) Approximate date of erection : prior to 1947 ( b ) Occupancy or use of each floor : . Single Family Residence (c) Type o construction : wood Frame 6 . Has there been a previous appeal , under zoning , on these premises ? No If so , when? 7 . Qwcc.-,-cc. of relief sought on this petition To allow by Variancetfrom the Street Frontage requirement the conveyance of a Triangular.Parcel of land 10' along High Street and 8o; on each. side, containing approximately 400- s quare feet of land, Thig nonvep-ne-a will . reet frontage from t .9 to 70' but will•increse the frontage of the adjoining lot from 40, to 50, and bring said lot into conformity with the exception allowed ttnaer Of the Z=m y- aw. 8. Deed recorded in the Regi stry of Deeds in Book 935 Page 441 or Land Court Certificate No .. Book Page The principal points upon which I base my appl i ..ati on are as follows : (Must be stated it detail ) Denial of the variance ' ould cause substantial financial hardship to' the owner of the adjoining lot and this relief may be granted without sustantial detriment to the public dna WITHM nu i ying or sUsTanzially cLero.gatTng -LL-UML C116 Intent Or parpost: of bhe Zoning By-law. The allowance of this petition will create a new buildink lot that is in conformity with the other lots in the neighborhood in •size and shape while leaving the petitioners lot in substantial conformity with with the neighborhood and the Zoning By-law. The purchaser of the adjoining lot is the sister of the Petitioner Ellen M: Lundquist I agree to ay for advertising in newspaper and • incidental expenses* �v Petitioner ' s Signature tp Sec. 1 APPLIATION ' FORM. • . • . • Every application for action by the Board shall be made on a form approved by the Board. These forms shall be ' fu -nished by ,the clerk upon request . Any communication purporting to ',e an application shall be treated as mere notice of intention to seek relief until such time as it is made on the o'ffici0 applica ion form. All in- formation called - for by the form shall be furni - hed by tte applicant in the manner therein, prescribed. Every application shall be submitted wi t'h a list -%f "Pa rti•es in Interest" which list shall include the petitioner , abutters , owners of land directly opposite 'on any Ipublic or pri vace 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 U st , notwi thstandi ng 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 c-dsts 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 Name Ad, ress Norman D. Lundquist and Ellen M. Lundquist 163 High Street, No. Andover, Ma. Julia Salach 119 E. Haverhill Street, Lawrence, Ma. ( Use additional sheets if necess ry) '�