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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� •.
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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
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�'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
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!t� APSILM
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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 .
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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
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.� '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)
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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
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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
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�,SSACHUS�t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Date: /�L � j 3_a l9d]
Dear Applicant:
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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.
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Sincerely,
BOARD OF APPEALS
/V V'72
Audrey W. Taylor, Clerk
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