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Home My WebLink AboutMiscellaneous - 178 ANDOVER STREET 4/30/2018N � m Z O � O O p 8 '� O ❑ Variancels�cxcijt! Permit DECISION DUE m6d•I---L—(fS Q�lbo PO MDE IN u.B.A, N0.7.52 I13 0 0 0 " faa.a 6-"U�n 6.6 -0 Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE Uf NORTH 0 Y A (� AC us March 18, 1985 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building. North Andover, on Monday evening, the 81h day of. April 1985, at 7:30 o'clock, to all par- ties interested in the appeal.of ROBERT AND MARY FRANZ re- questing a Special Permit under Section 4.121 Paragraph 17 of the Zohing By law so as to per- mil the construction of a dwell- ing which will include an in law apartment or "family suite'' on the premises, located at file south side of Andover St. known as parcel 56, Andover St. By Order of the Board o1 Ap- peals. Frank Serio. Jr. ` Chairman Publish N.A..Citizen: March 21 and 28. 1985 F25 f i. i Way °F MAS MO p A=Es °S B0ARrrCR A. p ICEPeALS Notice ;s her h�ringat the eby given that March 18 7'° the $0 @Verj�ng . BtWding, North and 01 AP 19 85 ; 1985 , at7: 3�cloc tht 8th day ` nd°ver, ° M� give 8 i 1Zp o Parties Apri 1 da. p 119luest;ng a BERT .AND mtereste 1AR din the 4�xxxxxxx pN2 aP °f 1. par PeW Sped xX xxxAi as to graph .Perm .slur a. 17 a It Pe -M. of t undE_r a1 ..w?11 in. ZU �onstr �ti ons, �.; La et1pn on the Y. suite„ e an in I °n of ` .dw w so Prenzjses 10 aw apartm tilling khOwn..as , part0d at the sou h..S en.t, or PY: Byorderop Aft tindover St Of .And0.ve17 St. S n 11Sh: Fra C Serlo, J lard °fAp C7 bill tirrn o t12en: Cha Aea/s } 9 Rma' -ch an o .k Fr n21 and `28, No Rd. 1985 „' • •ndover 0184S . , ti E5 r R£CEN D DANIEi., LOMG TCWV, CLERK NORTH iMOYER MAY 16 1103 Aft '85 ►A— ►tr 0y r N RT ,,. o4oAPOq,��f OG i F AVRllit1 *. A.;y. 1885 �~%•"� yFfsSAclitl5t r�rYw„�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Date. '4 ay . l Q , ..1 Q 8.5 ...... Y Petition No.....17 - ! 8 .......... Date of Hearing .. M.ay. ..13,.,19"8.5. Petition of .... ROBERT AND MARY FRANZ ................................................................... Premises affected Parcel.56.- Andover Street ....................... ....................................... Referring to the above petition for a Special . PP,rmit ... , under. Section .4,..12.1, . Par.agr.aph..17..of..the.. Zoning. B.y. Law... so as to permit the. construction. of .a..dwe.11ing. with. a..family..suite ...... ..................................................................................... After a public hearing given on the above date, the Board of Appeals oted to ...Gran t ... the .... Spe.cia.l . Permit .............. and hereby authorize the Bui) ling Inspector to issue a permit to .. construct a . new. dwe.11ing..to..i.nclude a fai ily suite. • .... . for the construction of the above work, based upon the following concatiom, (see attached conditions) Signed Frank, S,eri,o,. ,Jr,.., , Chairman Alfred E. Frizelle, Esq.,. Vice Chairman ..... ...... .... Augustine. W... Nickerson, . Clerk. , William J. Sull'van ............ Walter. n. Soule Board (,Appeals Robert and Mary Franz Parcel 56 Andover Street Petition No. 17-'85 May 16, 1985 Conditions of approval: 1. That the addition be in accordance with the artist's rendering presented at the meeting held on May 13, 1985. 2. The family suite is solely for occupancy by Mr. and Mrs. Felix J. Cote, parents of Mary Franz.' ' 3. The Special Permit shall expire at the time Mr. and Mrs. Felix* J. Cote cease to occupy the family suite. 4. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation;. 5. The applicant, by acceptance of the Certi''icate of Occupancy issued pursuant to the Special Permit, g.ra.ts to the Building Inspector or his lawful designee the -nigh' to inspect the premises. ` RECE`Mi 'J OA IN ICI. L ILI 111. 13 TMP! CLERK NORTH! M,',00Vi_R MAY 16 ' 11 03 Mi 01 N011TH try a ,SSACNUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Ma , 16, 1985 Rotert & Mary Franz Parcel 56 Andover St. Petition No. 17-'85 The Board of Appeals held a public hearing on Monday evening, April 8, 1985 upon the application of Robert and Mary Franz. The hearing was advertised in the North Andover Citizen on March 21 and 28, 1985 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 Special Permit under Sec --ion 4.121, Para- graph 17 of the Zoning By Law so as to permit tie construction of a dwelling with a family suite on premises locFted on the South side of Andover Street known as Parcel 56, Ande,er Street. The petitioners, testifying on their own behalf presented a plan to the board showing the layout of the proposed dwelling. It included the two-story main dwelling, the f mi'y suite, and a section to house Dr. Franz's dental practice. "he family suite would consist of two to three bedrooms and will oe occupied by Mrs. Franz's parents. Further testimony reveal:d that: personnel to care for the occupants of the family suite may also reside on the premises. No objections were voiced at the hearing. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted unanimously to take the petition under advisement. The Board rendered a decision at a regular meeting held on Monday, May 13, 1985 with Members Serio, Frizelle, Nickerson, Sullivan and. Soule again present and voting. Robert and Mary Franz Parcel 56 Andover Street Petition No. 17-'8.5 May 16, 1985 Page 2 Upon a motion made by Mr.. Frizelle and seconded by Mr. Nickerson, the Board voted unanimously to grant the Special Permit for a family suite on the premses as shown on the plan submitted which shall be attached to the Special Permit, with the following conditions: 1. That the addition be in accordance with the artist's rendering presented at the meeting held on May 13, 1985. 2. The family suite is solely for occupancy by Mr. and Mrs. Felix J. Cote, parents of Mary Franz. , 3. The Special Permit shall expire at the time Mr." and Mrs. Felix J. Cote cease to occupy the family suite. 4. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust rr corporation. 5. The applicant, by acceptance of the Certifi?ate of Occupancy issued pursuant to the Special Permit, gr.n+: to the Building Inspector or his lawful designee the right o inspect the premises. In granting the Special Permit, the Board finds that Section 10.31 of the Zoning By Law has been satisfied. In particular, the Board makes the following findings: 1. The specific site, Parcel 56:Andover Street, is an appropriate location for such a structure and use, since the proposed location contains more than twice the required area and frontage for the R-3 zoning district. 2. The use of the premises for a family suite will not adversely affect the neighborhood, since the neighborhood in comprised of similarly sized one and two family dwellings. 3. There will be no nuisance or serious hazar6 to vehicles or pedestrians, since the addition of a family suite will not increase traffic at this location. - 4. Adequate and appropriate facilities are avai_able on the site for the proper operation of the proposed use The Board finds that the granting of a Speci`_ P.rmit for a family suite at this location is in harmony with the gen,-al purpose and intent of the Zoning By Law. Sincerely, BOARD OF APPEALS C/ X,01a , V. C � Frank Serio, qr., Chairman j Attachment WORT„ Received Uy Town Clerk: 0 Date : RECEIVED TOWN OF NORTH ANDOVER, MASSACHUSETTS r^ + --;'314:GOARD OF APPEALS TOWN CLERK .y+•sb,�•CsH.e.Uc.s.» i Time : NORTH 4HOOVER RR IIg RRN��oti ce : Thi s appl i cation must be t,; pe�rri tten �AAP�LI1�A-141U �� elkR RELIEF FROM THE REQUIREMENTS OF THE ZONIIVG ORDINANCE R App licantRobert G. Franz &.nary Chase Franz Address 9 Rock Road No. Andover ) 1. Application is hereby made (a) .For a variance from the requirements of Section Paragraph and Table of the Zoning By -Laws. (b) For a Special Permit under Section 4.121 Paragraph 17 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) numbered Plan #59, Parcel #56 Andover Street. (b) Premises affected are property with.frontage oil the North ( ) E Soutn ( X) East ( ) West ( ) side of Andover Street Street, and known as No. Plan #59, Parcel :#� Andover Street. (c) Premises affected are in Zoning District R3 and the premises affected have an area of 59,800 square feet and frontage of 260 feet. f 3. Ownership f (a) Jame and address of owner (if joint ownership, give all names): Robert G. Franz & Mary Chase Franz Date of purchase July 30, 1982 Previous Owner Roland B. Hammond (b) If applicant is not owner, check his interest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 44 Ft. front; 24 feet' deep; :;eight: one stories; 18 ApproJget. ;a) Approximate date of erection: May 1985 b) Occupancy or use of each floor: In-law apartment for elderly parents_ (c) Type of construction: 5. ize of existing building: feet front; _feet deep; ;Yeig_ht: _stories; feet. r ;a) Approximate date of erection: (bl Occupancy or use of each floor: (c) Type of construction: 6. Jas there been a previous appeal, under zoning, on these premises? No If so, when? 7. Description of relief sought on this petition None 8. Deed recorded in the Registry of Deeds in Book 1056 Page 467 or Land Court Certificate No. Book Pige I The principal points upon which I base my application are as follows: (i1ust be stated irydetail) Elderly parents who will need care. I agre_to pay for advertising in newspaper and i.:cidental expenses* Petitioner's Sianature Sec. I APPLICATIOd 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. Every application shall be submitted with a lis: of "Parties in Interest" which list shall include the petition -r, abutters, owners of land directly opposite on any public or priv..te street or way, and abutters to the abutters within three hundr d feet of the property line of the petitioner as they appear on the mo,t recent applicable tax list, notwithstanding that the land of any uch owner is located in another city or town, the Planning Board of he city or town, and the Planning Board' of every abutting city or torn. * Every application ;shall be submitted with an application charge cost in the amount of $25.00. In addition, the petit?oner 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 INTEREST Name Address t/ Robert G. Franz s% Richard Haltmaier r/ Trustees of Reservation Roland B. Hammond Unitarian Society k --Carol Breen Dianne Smith Robert & Leah Burns 9 Rock Road 13 Chestnut Street 244 Adams St. Milton, Ma. 02186 169 Andover Street 41 Chestnut Street 179 Andover Street 186 Andover Street 196 Andover Street, (Use additional sheets if necessary) NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OP BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR April 8, 1985 Board of Appeals Town Office Building North Andover, Ma. Gentlemen: 14ORTOI 0� «.o q �M F: �Or,• _•_...�•. 009 ,SSACHUS� TEL. 888-8102 Relative to petitions before your Board, I have the following comments to make: 1. Petition of Robert G. Franz: Dr. Franz was referred to your Board since an inalaw apartment requires a Special Permit from the Zoning Board of Appeals. 2. Petition of Miele Realty Trust: The petitioner was refused a building permit because the building lot did not have the required area. 3. Petition of Malcolm Norwood: Mr. Norwood was refused a building permit because his proposed addition did not have the required setback. 4. 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 �J INSPECTOR OF BUILDINGS r CHF:af