HomeMy WebLinkAboutMiscellaneous - 171 APPLETON STREET 4/30/2018 (3) ��. uo1c (&Jj ILI
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Legal Notice
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
,BOARD OE'
APPEALS.
NOTICE *.-' 1{
{.
NORTH
OF Sao 'q4,
f August 24, 1981
Notice is hereby given that-
the Board of Appeals"will
give a hearing'at the Town
Building,North'Andover,on
Tuesday evening the 15th day
of September,: 1981, at 7:30'
o'clock, to all parties in-,
terested=in ,the-appeal of
STEPHEN C.AND DANNI'
L.CALLAHAN requesting a
variation-of'Sec,4.121 Par 7.
of the Zoning By Law so as to
permit the•continueduse of a
swimming pool which is .not
located to the'rear.,of"the'
front building ,line of the
house on the ,premises,-
t located at'171 Appleton St.
By Order of the Board of
'Appeals.` -
_a t Frank Serio,'Jr.
.Chairman
Publish N.A.Citizen:.August
27 and September 3,1981 Ll
Legal Notice
TOWN OF
NORTH ANDOVER
MAS9AC 411_jMTTS
BOARD OF
APPEALS
NOTICE
OF AORTH�
D ih.tiO
0
O A
OD .nw 1
Ss CRU
August 24,1981
Notice is hereby given that
the Board of Appeals will
give a hearing at the Town
Building,North Andover,on
Tuesday evening the 15th day
of September, 1981, at 7:30
o'clock, to all parties in-
terested in the appeal of
STEPHEN C. AND DANNI
L.CALLAHAN requesting a
variation of Sec. 4.121 Par 7
of the Zoning By Law so as to
permit the continued use of a
swimming pool which is not
located to the rear ,of the
front building line of the
house on the premises,
located at 171 Appleton St.
By Order of the Board of
Appeals.
Frank Serio,Jr.
Chairman
Publish N.A.Citizen:August.
27.ard September 3,1981 L9
use the oi5e," Canton
'I have no more tickets. We
turn away 30 or 40 golfers.
ve so many applicants it isn't
r them to be left out,"he ad-
Cantone plans to have every
golfer re-apply for a pass
ear in the event the program
roes under its current format.
feels those golfers who ap-
'or a pass this year and didn't
e should get a chance to sw-
tay at the country club next
:r.
the time being, golfers in-
in the program are getting
)st out of their greens fees.
replayed everywhere else,"
>ominic Vernile, who retired
ears ago after serving as a
lian in the North Anodver
school system for 25 years.
really enjoyed playing up
nile,of 60 Saunders St.,has a
;ap ranging from 6 to 12 at
-adford Country Club where
L member.He took up golf in
irly 60's and now plays as
as he can.
s a real short,tricky course,"
d of the country club layout.
ve got to be careful."
r NORTy �
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FssACH13`�F�
rrRreq
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
A.u.9-u t . .2.4 . . . .".19.81
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on. . . . s ay
.ven i.ng . . . . the . .1"5tgayof . . .Septeniber
9. 1 , at.7.. Vclock, to all parties interested in the appeal of
:7TEPHEN C . AND DANNI L . CALLAHAf,
requesting a variation of Sec.. . .4. 1.21. .P a r. .7.of the Zoning
By Law so as to permit. . .t h e C o n t. . . .
i n u e d u se of a
. . . . . . . . . . . . . . . . . . .
s;rdi ,9u9i no F3001 whi Ch is not l oaated to the rear
. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�1.f. .t.ire. .r�,a.i�t. .ut�i.l.c[j.�7.n. .l.� n� of the house
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . I . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on the premises,located at.
171 I . A. p l . ton S t.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .
By Order of the Board of Appeals
Frank Serio . Jr . . Chairman
i sii : ;<orth Andovr Citizen . August 27 u
Se;.t: rih::r 3 , 1�081
Sind bill toL Stepnen Callaa3an , 171 Appleton St .
ilorth Andover , 'Iass .
ASOIAN, MCGARRY & TULLY
ATTORNEYS AT LAW
12 ESSEX STREET
ANDOVER, VASSACHUSETTS 01810
ANDOVER(617)475-9230
ROBERT W. LAVOIE BOSTON(617)944-4466
l
• .ro aORTii'�
RECEIVEDt
DANIEL LONG.
TOWN CLERK
NORTH ANDOVER '►9,Ssgciiu5��:•
SEFZ4 3 00 PM TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
September 24 , 1981
Date . . . . . . . . . . . . . . . . . . . . . I . . . . . .
Petition No.. .36 - 81
Date of Hearing. .S e p t e mb e r 15 , 1981
Petition of . . . . . . . STEPHEN. C... AN.D. DANN.I L. CALL.AHA_N. . . . . . . . . . . . . . . .
Premises affected . . .171 App) e.t o n. S t_r e e.t.
Referring to the above petition for a variation from the requirements of the . . . .49 n i n g By
Law . Section 4 . 12.1 ,. .Paragraph . 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the Conti nu.ed. .use. .of .a. .swi.mmi.ng. .pop.l. . w.hi c.h . i.s . not. .l.oc.ated
. . . . to the rear -of -th_e_ fron.t- buil.ding. 1.i.ne. .of -th_e. h_ous.e .. . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . . ENY. . . . the
variance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
Frank . S,erio , .0r...,. . C.hairma.n . . _ .
William J . Sullivan
Augu.sti.ne, W . . ,Nic.kers.on. . . . . . _ . . . .
P..aym.ond. .A-.. .Vi ven.zi o., . Es-q ,. : . . . .
Walter F . Soule
. . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
' °f N°Nth�y
RECEIV °°
DAN!. D p
C1. LOtrG
TO't+aF CCERK t
NOftiT}i ARDOyER
tJEp 2q 9f �Ss�cHus�<
00 P B1
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
September 24 , 1981
Stephen C . Callahan
171 Appleton Street
Petition No . 36 - ' 81
Mr. Daniel Long , Town Clerk
Town Office Building
North Andover , Mass . 01845
Dear Mr. Long :
The Board of Appeals held a public hearing on Tuesday evening ,
September 15 , 1981 upon the application of Stephen C . and Danni L .
Callahan . The hearing was advertised in the North Andover Citizen
on _A,ugust 27_ and September 3 1981 , and all abutters were notified
by regular mail . The following members were present and voting :
Frank Serio , Jr. , Chairman ; William J . Sullivan ; Augustine W .
Nickerson ; Raymond A . Vivenzio , Esq . ; and Walter F. Soule .
The petitioner seeks a variance from the provisions of Section 4 . 121
Paragraph 7 of the Zoning By Law to permit the continued use of a
swimming pool which is not located to the rear of the front building
line of the house on the premises located at 171 Appleton Street .
This request was before the Board in July of this year and the
petitioner testified , through counsel , that significant changes
have occured since that time ; in particular , there is no other
place that Mr . Callahan can locate the pool because of the soil
conditions on the premises . _
Upon a motion made by Mr. Vivenzio and seconded by Mr .- Sullivan ,
the Board voted unaimously to deny the variance as requested on the
basis that there are no specific and material changes in the conditions
upon which the previous unfavorable action was based .
Sincerely ,
BOARD OF APPEALS
�j
Frank Serio , Jr . , Chairman
jw
cf Vd '
~.
. �
Dute � MASSACHUSETTS
BOARD OF AUG APPEALS pt -00
'
Time �
^ � - --
� To i This application must be typewritten
�
� A REQUIREMENTS OF THE ZONING ORDINANCE
^
=
'
-
Appl i cantA ddre5s Andover, MA� �
l . AppliCdti0n is hereby made '
/ 8 \ For a VariaOCe frOm the req Uire0eOtS Of 5eCtiOn Paragraph 7
and Tuble of the Zoning By-Laws .
-------
/b \ For d Special Permit under 3eCtiuO_______ Paragraph of the
Zoning By-Laws .
( c) AS a party agg'rieVed , for review of d decision made by the Building
Inspector or other authority .
2 . ( d) Premises affected are laOdd�,id bUildiDg/ 3 \ numbered
Street .
( b \ Premises affected are property with frontage OO the North / \
5OUth / \ East / \ West / \ side Of
Street , and known as NO . ----- --- --
Street .
/
Residential
/ C\ Premises affected are in 7ODfOg District '
and the premises
affected have an area Of 3qudre '�eet and frontage of
square feet '
3. Ownership
( a) Name and address of owner / if joint ownership , give all numes \ :
Stephen C. and C�anoi L. Callahan, 171 Appleton Street, North Andover, MA
Dote of purchase Previou's, Owner Benton Realty Trust-
(b ) If applicant is not owner , check his interest in tOe premises :
P�03�8CtiVe Purchaser L���2 Other ( explain )
----- PmmY Octagon
----- -----'
4 . Size of proposed i0X)04*t*n� :24 frOOt ; 4 to 8 feet deep ;
Height / stnries feet.
D Approxi mate date of erectionIn Process
( b ) Occupancy or use of each flonr �
/ c \ T /pe o' --'-'st -- '-�-- - '- --
S . 3ize of px1sting buildingfeet .front ; feet deep ;
Hei ght :___________5 tOri es ; ---feet . '
.
a Approxi mate date of er2CtiOn �____
( b ) Occupancy or Use of each floor : '
( c\ Typ_e� ---- -'---- '- -------------�
constructi on
6 . Has there been a previous appeal , under zoning , on these premises ? yes _ _
I f s , whenY J | 13 19O1 �et��mn �o. �D-81 .
7 . Description of relief sought on this petition Gee Auddandum "Allot�/oHLd hereto.
� -
�
� 8. J,26d '!ed in the Registry of Deeds in Book 131Q Page 702 Or
� La.' CortifiCate No . 3oOk __ Page
�
-
The principal points upon which I base my application are as follows :
(Must be stated in detail )
r
See Addendum "B" attached hereto.
I agree to pay for advertising in newspaper and incidental expenses*
/) Petitioner ' s Signature
John F. McGarry, Attorney fqOrPetifioners, 12 Essex Street, Andover, MA 01810
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. 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 in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
f
Every application shal1. 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 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 respon -
sible 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 .
LIST OF PARTIES IN I11TEREST
Name Address
1. Stephen Callahan 171 Appleton St., No. Andover
2. Neil Patnaude 197 Appleton St., No. Andover
3. Rita Emmert 183 Appleton St., No. Andover
4. No. Andover Realty Trust 159 Appleton St., No. Andover
5. Ronald Lebel, 141 Appleton St., No. Andover
6. John J. Thompson i40 Appleton St., No. Andover
7. Mitchell Johnson Wagon Wheel Trail
8 1�P �: Meredith, N.H. 03253
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(� S. /o .7�,� ,40 Wo T �
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O d 14
A
ADDENDUM "A"
The applicants, Stephen C. and Danni L. Callahan, respectfully seek
a reconsideration of their petition for a variance pursuant to Massachusetts General
Laws, Chapter 40A, Section 16 and Section 10.8 of the Zoning By-Laws of the Town
of North Andover. The applicants originally sought a variance from the requirements
of Section 4.121, Paragraph 7 of the Zoning By-Laws, and said application was
formally denied by the Board of Appeals on July 23, 1981 .
Section 10.8 of the Zoning By-Laws of the Town of North Andover requires
i
that four-out-of-five members of the Zoning Board of Appeals find that there are
specific and material changes in the conditions upon which the previous unfavorable
action was based in order for the applicants to be allowed a reconsideration of their
petition for a variance.
It is apparent from the Board of Appeals' written decision that, in particular,
the Zoning Board of Appeals found "the pool could be located in accordance with the
Zoning By-Law and that the size and shape of the lot permit a proper location of the
pool."
Subsequent to the decision of the Zoning Board of Appeals, the applicants
carried out further testing on the lot where the pool is located to determine an alternate
location for the pool. Upon such testing, the applicants discovered that the pool cannot
be located in accordance with the Zoning By-Law due to the presence of excessive amounts
of water in the soil on the lot. As the decision of the Zoning Board of Appeals was
particularly based upon the fact that the pool could be located in accordance with the
Zoning By-Law, the applicants, therefore, respectfully request that the Board reconsider
the granting of a variance in light of the fact that the pool cannot be located in any
alternative location without violating the requirements of Section 4. 121, paragraph
7 of the Zoning By-Laws of the Town of North Andover.
The Petitioners seek the variance from the requirements of Section 4. 121
paragraph 7 to allow the end of the pool described herein to extend 12.6 feet from the
front building line.
. r
ADDENDUM "B"
The applicants, Stephen C. and Danni L. Callahan, seek a variance under
Section 10.8 of the Zoning By-Laws of the Town of North Andover for the following
reasons:
1. The petitioners have constructed a pool on the premises described in the
application, and said pool extends 12.6 feet beyond the front building line of the existing
structure on that lot. Section 4.121, paragraph 7 of the Zoning By-Laws of the Town
of North Andover provides that swimming pools must be located to the rear of the front
building line of the house.
2. . There are circumstances relating to the soil conditions of the premises at
171 Appleton Street, especially affecting those premises but not affecting the Zoning
District generally which prevent the pool from being located elsewhere on the premises.
Specifically, the presence of excessive amounts of water in the soil of the lot prevented
the applicants from locating the pool any further back on the lot. Due to the water problem,
i
the pool could not be adequately secured in the ground if it were placed any further
back on the lot. Further, the back portion of the lot is comprised mostly of swamplands,
and such wetlands are protected under the Wetlands Preservation Act.
I
3. A literal enforcement of Section 4. 121, Paragraph 7 of the Zoning By-Law
would involve substantial hardship to the applicants. As stated above, there is no
area on the premises where the pool could be located in accordance with the Zoning
By-Laws. The applicants had invested substantial time and expense in constructing
i
the pool, and a strict enforcement of the Zoning By-Laws would require them to remove
the pool altogether. The applicants further state that the pool was constructed prior to the
time of seeking this variance as a result of excusable neglect on the part of the applicants.
4. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derrogating from the intent or purpose of
Section 4. 121, Paragraph 7 of the Zoning By-Laws of the Town of North Andover.
The pool creates no nuisance or hazard in the area where the premises are located.
The pool does not create any obstruction on any public way in the area. Further,
the present location of the pool is 64 feet back from the street. The applicants have
complied with all other requirements of the Zoning By-Laws of the Town of North
Andover in constructing the pool. Finally, none of the abutters are opposed to the
present location of the pool.
September 1b , 1981
171 .1ppieton Street
North Andover; :.ass.. 01346
Dear Mr. Callahan :
This is to inform you that yo-.z,,- request for a varianc< was
denied by the Boars of PppetJ s .
A formal 'Notice of Decision will be sent to you in the near
f.'tvre .
Sind_rely ,
BOARD OF APPEALS
Frank cF rite ., Ir. , Chairman
FS/Jw
cc Attorney 6John _.McGarry