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HomeMy WebLinkAboutMiscellaneous - 164 MASSACHUSETTS AVENUE 4/30/2018 6 4 ftg� Iq 0 F- 12 MASSACHUSETTS AVENUE 0 010.0-0 I i II 164 MASSACHUSETTS AVENUE n(�X'Q 210/010.0-0036-0000.0 _ ,r/ fVl6155 • ole.. u 7 vi S �,- `= rb \�� .; • • -�.;- ���`��'•t . Legal Notice` 1. ' TONM OF NORTH AND6YER 4� NUISSACNUSETTS ti r E�fi -r 80ARD Orr AppEALS:- �,q '44 NOTICE '.`► a I Norah ••i ,. i :0` may 19. tt�ao 6 1� •. O " 98,7 Notice is herebygivenitha< a the t Baird of Appeals will give -, a hearing at own Buik6ng, North T +� �,. . ,. • AndowrY, s a °'�*.°.rt�y Tuesday evening the 9th $-4 MUS of June.at 7:30 o'clock,to� ' Of SahOom A.Coco Mies interested in the appeal i 7.1,7.2,7.3&Table t he variation Oso atf Sec.7,Parag to approval of building lot and variance By Wd+irnemior�al reek quirements on the P►emises bcated at IM Mass.Avenue. BY Order of the Board of Appeals publish-in North Frank Serio,Jr.,Chairman 28, Andover 411zen May 21 and May 27575-6 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS; NOTICE N°RTij q May 19,1981 ° Notice is hereby given tha _ I the Board of Appeals will givt r a hearing at the Towr e^�* Building, North Andover, or Tuesday evening the 91h day �9SSACHUSE�( of June,at 7:30 o'clock,to al'. parties interested in the appear of Salvatore A.Coco requesting a variation of Sec.7,Parag 7.1,7.2,7.3&Table 2 of the Zoning By Law so as to permil approval of building lot and varianr,V from dimensional re- quirements on the premises Ionated at 164 Mass.Avenue. By Order of the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen May 21 and May 28 27575-6 MANNINGTON Styles, Patterns, Colors and Prices To Fit Your Individual I Needs. We Also Have A Large Selection of Ceramic Tile Floors. 223 Winthrop Ave. (Rte. 114 at Rte. 495) Lawrence-North Andover Line Tel. 682-7651 4 Open Tuesday, Thursday and Friday nights until 9 ANNIVER GIRLS It 3 1 ' t i F� AAMC+ :pe TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ' Mly.19. . . . . . . . .19. . 87 Notice is hereby given that the Board of Appeals will give a • hearing at the Town Building,North Andover,on. . 7uesday ' e��ning. . . . . . . . . the 9th . day of . .June. . . . . . . . . . . . . . . . 19-87, at 7:3.0'clock, to all parties interested in the appeal of S.alvatore. A,•. .QQc4. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . requesting a variation of Sec..7.,. .P4rag. .7,.1,7,2of the Zoning B Law so as to 7.3 & Table 2 Bypermit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . approval. o.£ .building .1Qt.apd• ,variance from• . . ..• dimensional requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . .'. 16.4. .M.3 s s.Avenue . . • • . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals ! Fra k Serio, J . , Qhai man Publish in the N.A. Citizen on Ma 2I and May 2 y y 8, 1987 t' %AORTH pF�tteo ,y q-yo �� y..yd ..•, '. OL SSACHUS . TOWN OF NORTH. ANDOVER MASSACHUSETTS BOARD OF APPEALS * Petition: #69-87 Petition of: * Salvatore A. Coco * DECISION 164 Mass Avenue North Andover, MA 01845 * * * * * * * * * * * * The Board of Appeals held a public hearing on June 9, 1987 on the application of Salvatore A. Coco requesting a variance from the requirements of Section 7, Paragraph 7.1., 7.2, 7.3, and Table 2 of the Zoning ByLaws so as to permit the approval of new building lot and variance from dimensional requirements on the premises located at 164 Mass Avenue. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Anna O'Connor. The hearing was advertised in the North Andover Citizen on May 21 and May 28, 1987 and all abutters were notified by regular mail. Attorney Ritter spoke for the petitioner and stated that the property was originally approved in 1951 for two (2) houses. The petitioner claims it would be a financial hardship for him to sell the property without the additional building lot as ,that . is the only reasonable use for the land. Upon a motion made by Alfred Frizelle and seconded by Augustine Nickerson, the Board VOTED unanimously to DENY the variance as requested. The Board .finds that the petitioner has not satisfied the provision of Section 10, Paragraph 10. 4 of the Zoning ByLaws and the granting of this variance would derogate from the intent and purpose of the Zoning ByLaws. Dated this 15th day of June, 1987. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt µ� �NORTh14, 0:0 y. IgSS '. ► `sACHL1g��r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Salvatore Coco 164 Mass Avenue N. Andover, MA 01845 Date • • • •June 15•,• •1987• • • • • • • • • • Petition No.. . . 69-87. . . . . . . . . . . . . . Date of Hearing. . Petition of . . . . . . .Salvato•r•e •A: •Coco . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . 164- -mass•Avenue • • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Se.ction. 7.,. . . . . Paragraph 7.1, 7.2, 7.3 and Table 2 of the .Zoning .Bye,aWS. . . . . . . . . . . . . . . . . . . . . . . . . so as t0rmit . . . � approval 'of -building 'lot' a'rid 'v2riaiice 'frbm 'dimensibnaT 're=' • . . . . . •quirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . ... . . . . . . . . . . After a public hearing given on.the above date, the Board of Appeals voted to . .DENY. . . . . . the Variance . . . . �faX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio, Jr. , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Alfred. •Frizelle.,. .Viee7jChAirIRan. . . . . . . . .Augustine .NiciC:ers.gn, . Clerk . . . . Tdalter. .Soule.. . . . . . . . . . . . . . . . . . . Auua. W.Conuor. . :. . . . . . . . . . : . . . . Board of Appeals tr _ d Received by Town Clerk: rE°;�" ; 5V:Ey •,I J � iER MAY- =1 � TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE / Applicant Salvatore A. Coco .......Address 164 Massachusetts Avenue 1 . Application is hereby made: a ) For a variance from the requirements 'of Section 7 Paragraph7.-1, 7.2, and Table 2 -of the Zoning By Laws . 7.3 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 164 Massachusetts Avenue . b) Premises affected are property with frontage on the North ( ) South ( ) East (x ) West ( ) side Of Massachusetts Avenue_ ccs , and known as No. 164_Massachusetts Avenue c ) ' Pxemises affected are in Zoning DistrictR-4 , and the premises affected have an area of20,000 square feet and frontage of 100 —feet . --'-- 3 . Ownership a ) Name and address of owner ( if joint ownership, give all names ) : Salvatore A. Coco July 30, 1951 and , Date of PurchaseMav 7, -B 7 Previous Owner UPnzt i na Fara_ b) If applicant is not owner , check his/her interest in the premises : -Prospective Purchaser _ Lesee Other (explain) r 14 Size of proposed building: front ; feet deep; Height-- -stories ;----feet . a ) Approximate date of erection: 1987-1988 b) Occupancy or use of each floor : Single-family home- c ) Type of construction: Wood frame Size of existing building: 30.0feet front ; 34.0 feet deep; Height 12 --stories ; 20.0 feet . — a ) Approximate date of erection: 1951 b) Occupancy or . use of each floor : Single-family home c ) Type of construction: Wood—frame---- Has oodframeHas there been a previous appeal , under zoning, on these premises? Yes — If so, when? June 11 , 1951 and April 11 , 1987 7; Description of relief sought on this petition Approval of building lot and variance from dimensional-- requirements --- ::53 Page 376, and 8 . Deed recorded in the Registry of Deeds in Book'I1307 . Page 634 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows : (must be stated in detail ) f,y.• Property was originally approved in 1951 for two (2) houses. It would be a financial hardship for me if I could not sell the property with an additional building lot because T could not then afford a condominium for my retirement and tle only reasonable use.of the land, with the present dwell-ing "on a small corner of the lot,• would he to build another dwelling house. _ I agree to pay the filing fee, adver ' sing in wspaper , and incidental expenses* 415i�,Ie Signature of ekiti-er (s Every application for action by the Board shall be made on a form approved by theBoard . 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 information *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 ( 300 ' ) 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 responsible for any and all costs involved in bringing the• petition before the Board . Such- costs shall include mailing and publication, but are not necessarily,. ' ?i limited to these . Every application shall be submi.tted with a plan of land approved by the Board . No petition will be brought before the Board unless said plan has been submitted . Copies of the Board ' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request . LIST OF PARTIES IN INTEREST Name , Address ' own of North Andover Town Manager's Office, 120 Main Street ✓✓Andrew and Concettina Koralishn 165 Massachusetts Avenue '� oseph J. and Jeanne Cristaldi 161 Massachusetts Avenue Classic Realty Trust 198 Massachusetts Avenue .1 (use additional sheets if ' necessary) 40RT#j 1 p _ v • . rr �'T'ACMus*t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 7 � r � Date: OCI `rte--r----- Dear Applicant: Enclosed is a copy of the .legal notice for your application before the Board of Appeals . v� Kindly submit $ a 0 for the following: . Filing Fee Postage $ �� Your check must be made payable to the Town of NortIj Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk �w),Ni ,e9E /g Ucco Z • a f .i 01 +� !t� APSILM a 0555 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March 23 87 . . . . . . . . . . . . . . . . . .19. . . Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .Tuesday evening . . . . . . . . the . .14. day of . . . April. . . . . . . . . 19. —87 at. . .•o'clock, to all parties interested in the appeal of Salvatore.A.• Co.co • - . . requesting a variation of Sec.. 7.,. Para. . 7.4,. . of the Zoning 7.2, 7.3, 7.4.1' and Table 2 By Law so as to permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . approval.of, building, lo.t. ,and.variance. for. dimensional. re-quirements • . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . . . .164. Massachusetts Ave. . . By Order of the Board of Frank erio, Tr. , Chairman Publish in N. A. Citizen March 26 and April 2, 1987 f LX901 I\UIIVG ,I 1.; t.'TOWN OF NORTH'ANDOVER i I ' MASSACH1UpS�Eet��TS ROW APPEA OF LS E NORT1i NOtICE. °•,410 March 23,1987 o L Notice is hereby given that the Board of Appeals will give • i• + ,a Siearing at the Town `��o e* Building, North Andover, on Tuesday evening the 14 day of 9Ss^cNus�t ! April,:at 7:30 o'clock, to all parties interested in the appeal Of Salvatore A.Coon requesting a variation of Sec.7,Para. X7.1,7.2,7.3,,7.4.1 and Table of.the Zoning By Law so as to permit`oproval of buIO ng lot-and variance fordimen; sfonat'requfrements on,the premises located at; 164 Massachusetts:Ave-, 1-t A'E3 Order of the Board of Appeals �. Frank Serio,Jr.,Chaimlan Publish in North Andover Citizen March.26 and April2, 1987 1126 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NORTH NOTICE O STEED ,b ql�. March 23,1987 0 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on evening �9of SSACHUSApril,, at 7 :30 O'clock,e 14 dtoyall parties interested in the appeal of Salvatore A.Coco requesting a variation of Sec.7,Para. 7.1,7.2,7.3,7.4.1 and Table 2 of the Zoning By Law so as to permit approval of building lot and variance for dimen- sional requirements on the premises located at 164 Massachusetts Ave. By Order of the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen March 26 and April 2, inO'7 Sunday wor North . Andover ( 10:00 Neighborhood A The Christian and .p.o. Box 190, Ai (617) Phillip J. •t1 1 I . j - Z • � f a ell" /41. 'f/7J6�,Y_x;-0,P April 24, 1987 Board of Appeals Town Hall North Andover, MA 01845 RE: SALVATORE A. COLO 164 MASSACHUSETTS AVENUE NORTH ANDOVER, MA Gentlemen: I am in receipt of your decision denying the appeal of the above-named Salvatore A. Coco. I am writing to request an opportunity to present your reconsideration at the regularly scheduled hearing eondMay e12,or 1987. Thank you for your consideration. Very truly ours, GARY F. RI GFR/bma i T i r ,,.Y, 4Y t�•:, NORTH 01 0 . b s 4,.10 $� be { thede TOWN OF NORTH ANDOVER p.nl �� �, �• (1`3, `f Nonce MASSACHUSETTS �'Ji�' �� 0 1 thg �0 f- GN�cp o- �n the BOARD OF APPEALS Geri- * * * * * * * * * * * * Petition of: * Petition #: 53-87 Salvatore A. Coco * DECISION 164 Mass. Ave. * The Board of Appeals held a public hearing on April 14, 1987 upon the application of Salvatore A. Coco requesting a variance from the requirements of Section 7, Paragraph 7.1, 7.2, 7.3, and 7.4.1 and Table 2 of the Zoning ByLaw so as to per- mit approval of building lot and variance from dimensional requirements on the premises located at 164 Mass Avenue. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Anna O'Connor. The hearing was advertised in the North Andover Citizen on March 26 and April 2, 1987 and all abutters were notified by regular mail. Attorney Ritter stated that the property was originally approved in 1951 for two (2) houses and_ that Mr. Coco wanted to sell the property with an additional buildable lot and needed a variance in order to do so. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED to DENY the variance as requested. The vote was unanimous. ' The -Board finds that the petitioner failed to satisfy the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws, and if variance were granted, it would derogate from the intent and purpose of the Zoning ByLaw and adversely affect the neighborhood. Dated this 21st day of April, 1987. BOARD OF APPEALS Frank Serio,- Jr. Chairman /awt f . ` i cfi.''orcrh��Q DANIC1 1 r(Ifr rr''+1 Aft •� NOR'.:' � .:� i•. iaas '� CHU 4PR be filed nai shah the tt 14 X87 TOWN OF NORTH ANDOVER p,ny ap1�^ days after otice MASSACHUSETTS <<Ol'� 001.� "atethis N-�oWn a e o{ ��' the . the p{fic BOARD OF APPEALS kV,Cie�k. NOTICE OF DECISION Salvatore A. Coco 164 Mass Avenue Date . . . . April 16, 1987 Petition No.. . . .53-87. . . . . . . . . . . . . Date of Hearing. .April .14, 1987 Petition of . . . . . . . . .Salvatore A. ..Coco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I Premises affected . . . . . . . . 164 Mas$;., Ave. . . . . . . Referring to the above petition for a variation from the requirements of the . S.e.ctiQ1a. 7... . . . . � Y 7,3.,. and. 7..4:..7, .and. 7'ab-le .2. oi. .the.Zoning .$yLaw . . . . . . . . . . . . . . so as to permit . . ...approval .of .building.lot. .and.variance.from dimensional.require- „ ments. . . . . After a public.hearing given on the above date, the Board of Appeals voted to . -DENY. . . . . .. the variannce -as. requested. . . . . . . . . . . . . . X�t A71�x . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vote was unanimous to deny this variance, voting were Frank Serio, Jr. , Alfred Frizelle, Augustine Nickerson, Walter Soule and Anna O'Connor. Signed . . . . . . . . rank Serio, Jr. , Chairman, , , . . . . . . . . . . . Alfred. F.T. 4e11e,. Vlge-eheirman . . . . . . . . . . Augustine. NW. e_zson,. .G1exk . . . . . . . . . Walter. Soule . . . . . . . . . . . . . . . . . . . Anna..W.Connor. . . . . . . . . . :. . . . Board of Appeals oTo. (619) 685-9295 � p .� 'e �azy \lite¢ Ato,,ney at law Received by Town} �(`'�,Ler:k: !?,61— e C {(1� .r.t .. . n c LI) i. (619) 653-1508 TO - 1 i 190 common c-ShMt � Y ' �' fnurlenec �c,q o184o (619) 685-1133 MAR t, - TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF. THE ZONING ORDINANCE , Applicant Salvatore A. Coco Address 164 Massachusetts Avenue 1 . Application. is hereby made: a ) For a variance from the requirements 'of Section 7 Paragraph71 ,72,73, and Table 2 of the Zoning By Laws 7.4.1 b) Fora 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 164 Massachusetts Avenue b) Premises affected are property with frontage on the North ( ) South ( ) East (x ) West ( ) side of Massachusetts Avenue_ rxRVxt , and known as No. 164 Massachusetts Avenue x�gx ettx c ) Premises affected are in Zoning DistrictR-4 , and the premises affected have an area of 20 0_00__ square feet and frontage of 100 —feet . - 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) : _ Salvatore A. Coco ----------------------- ------ July 30, 1951 and Date of PurchaseMav 7, 1977______Previous Owner VPn�r;na Cnra- b) If applicant is not owner , check his/her interest in the premises : -Prospective Purchaser _ Lesee Other (explain) 44 Size of proposed building: IIXO" front; otSO ' feet deep; " Height stories ; �L�' -feet . a ) Approximate date of erection: 1987-1988 b) Occupancy or use of each floor : SinQ:e-familL home_ c ) Type of construction: Wood frame 5 . Size of existing building: 30.0 feet front ; 34.0 feet deep; Height 12 stories ; 20.0 feet . a ) Approximate date of erection: 1951 b) Occupancy or use of each floor : Single-family home c ) Type of construction: Wood frame 6. Has there been a previous appeal , under zoning, on these premises. Yes — If so, when? June 11 , 1951 r 7' Description of relief sought on this petition Approval of building lot and variance from dimensiOnal= requirements ---_ 7,53 Page 376, and 8. Deed recorded in the Registry of Deeds in Book 1.307 . Page 634 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows : (must be stated in detail ) :4. Property was originally approved in 1951 for two (2) houses, It• would be a financial hardship for me if I could not sell the property with an additional building_lot because T could not then afford_a condominium for my retiremen�_ I agree to pay the filing fee , advertising in newspaper , and incidental expenses* 10010 - Signatuf Petitio ee Ts Every application for action by the Board shall be made on a form approved by the Board . These forms shalt 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 manner �herein,;: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 ( 300 ' ) of the property line of the t 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 $2.5 . 00. In addition, the petitioner shall be responsible 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 . " Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted . Copies of the Board ' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request . l s•• LIST OF PARTIES IN INTEREST Name Address L-Town of North Andover Town Manager's Office, 120 Main Street ' '{ Andrew and Concettina Koralishn 165 Massachusetts Avenue ✓Joseph J. and Jeanne Cristaldi 161 Massachusetts Avenue ..'� ,/ Classic Realty Trust 198 Massachusetts Avenue (use additional sheets if ' necessary) ,+ a June 9, 1987 Mr . Frank Serio N. Andover Appeals Board 146 Main St . N. Andover , Ma. 01845 Dear Frank : Following are some comments from a Planning Board perspective on several of the items on your agenda for this evening. COCO VARIANCE REQUEST While we are sympathetic to the financial concerns of the petitioner , we do not believe that granting a variance would be appropriate because the request does not comply with the legal requirements for granting a variance. Specifically , the variance does not pertain to soil conditions, shape or topography of the land; rather , it relates to the size of the parcel . Also , the specific circumstances related to the variance request are not unique to this parcel but could relate to any parcel within the zoning district . If the current language and intent of the Zoning Bylaw regarding lot size and setback requirements in an R-4 District is not appropriate in the current economic environment , the Planning Board would glad to work with the Appeals Board to draft pertinent revisions to the Bylaw. Another issue that we would raise is that if a variance request were made on this property in April ,1987 (as was noted on the application) , should this petition fall under the repetitive petition provision of the Bylaw? DOHERTY VARIANCE REQUEST We believe that a variance shold not be granted on this property because the request does not comply with the legal requirements for granting a variance. The variance does not relate to soil conditions, shape or topography of the lot ; instead, it relates to the size. The specific conditions are not unique to this parcel ; rather they could pertain to most lots in the zoning district . Failure to achieve an economic advantage does not constitute a legitimate hardship for zoning purposes. And since an overall intent of the Zoning Bylaw is to prevent the overcrowding of land, granting of a variance to build on a small parcel would substantially derogate from the intent of the Bylaw. NICOLOSI VARIANCE REQUEST We believe that a variance should not be granted on this property because the request does not comply with the legal requirements for granting a variance. The variance does not relate to the soil conditions, shape or topography of the lot ; rather it relates to the proposed size of the lot based on a deliberate desire to subdivide it ( i .e. self created hardship) . The specific conditions referred to in the petition are not unique to the parcel ; instead they could pertain to virtually any lot in the zoning district . The petitioner is not being deprived of the use of the lot as it could continue to be utilized as a single family residence; and failure to achieve an economic gain does not constitute a permissable hardship under zoning law. Finally , granting a variance in this instance could create a detriment to the public good because there has been no documentation given that this substandard size lot can sustain a septic system; also , no data has been provided to show conclusively that the creation of another curb cut on this section of Salem St . would not lead to a safety problem. A final observation that we would like to make is that the former layout of the old Salem St . has no bearing on this variance request as the initial house on the site was not constructed until well after the new road was in existence. SOLOMONT SPECIAL PERMIT REQUEST Given the recent vote at Town Meeting against the creation of a special Continuing Care District and the subsequent commitment by several Town Boards and officials to address this issue in a comprehensive manner , we believe it would be apprropriate for the petioner to withdraw his current special permit request and resubmit the proposal to the pertinent Town Boards if , and when , the pertinent zoning changes are approved. E Member , N. Andover Planning Board OF NOR T,,� . c)► I ►(a.� O1 : o Town Of 120 Mi lil l sll,ccl APPFAI_S JL Not-11 I �.: NORTH ANDOVER BUILDING ;9'°•::.o x'46 \1 ,5ti ,c 11LISCItti,)lti4: (:ONSI:IZVA"i iON SS40" 5�4 DIVISION U1= (6 17)68.5.4775 I11:AI ]l PLANNING PLANNING'& COMMUNITY DEVELOPMENT KAR1-EN 11.1'. N1:1_S(.)N, t)Illl, (;"l OR April 14, 1987 Board of Appeals Town Office Building North Andover, MA Re: Public Hearings Dear Sirs and Madam: 1 - Pollone, 1x35-187 Main Street: Mr. Pollone is seeking a variance to add three dwelling units to the existing building. This section of the By-Law has always been interpreted as allowing the conversion of an existing building to more than two dwelling units. Granting a variance for an addition of this size to house three dwelling units is beyond the scope of this section and, in my opinion, a variance and special permit cannot be granted as requested. 2 - Kochanczyk, 61 Sylvan Terrace: The applicant has asked for a variance from the rear setback, but there is also a problem with the front setback from the street. It is only 29 ft . instead of the required 30 ft. The petition was properly advertised so that the Board may legally address both setback variances. 64 ,Massachusetts Ave. : Mr. Coco is applying to your Board for a variance that would allow him to have two undersized lots. The petition is properly before your Board because appli- cation has been made under the proper sections of the By-Law. The plan requires signature blocks. 4 - William Davis, 891 Great Pond Road: Mr. Davis was referred to your Board for the necessary Special Permit to allow a Family suite at 891 Great Pond Rd. I have reviewed the plans and find no problem and the petition is properly before your Board. Yours truly, 14r Charles H. Foster, Inspector of Buildings & Zoning Enforcement Officer CHF:gb cc: Dir. , DPCD ' 011 T1t pTrao p . F 9 i t • ' �,SSACHUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: /�L � j 3_a l9d] Dear Applicant: t Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kind Ly submit $ �_O �;- 'for the following: Filing Fee $ Postage $ 3 , U Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Offict Buildi.ng, 120 Main Street , North Andover , Mass . 01845. { Sincerely, BOARD OF APPEALS /V V'72 Audrey W. Taylor, Clerk IV 1\