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HomeMy WebLinkAboutMiscellaneous - 223 FOREST STREET 4/30/2018 (4) 't rj R� Ak N 0 y 1 r Oxford 0 ESSELTE MADE IN U.S.A. NO. 752 113 o O O ', 0-0 ` 41!�03 �s Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE C .�. October 18,1985 °o Notice is hereby given that o the Board of Appeals will give a p hearing at the Town Building, • North Andover, on Tuesd y^•'C-;''` ; evening, the 12th day , November 1985, at 7: �SsncHus�� o'clock, to all parties i • terested in the appeal of Mi Yonj Lee and Young Ja Lee requesting a variation of Sec. 7, Par. 7.3&Table 2 of the Zoning By Law so a to permit ,[ side yard requirements on northerly side yard 3.6 feet short i of required 30 feet on the premises, located at 223 Forest Street. By Order of the Board of Appeals. Frank Serio,Jr.,Chairman Publish N.A.Citizen:Oct.24 and Oct.31,1985 g17 Legal Noticer TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE .` AORTN October 18,1985 - - .,. + of o ,°�tio Notice is hereby given that ;a--•--n-� Yleg al Notice - the Board of Appeals will give a «• ; „ ? o z paring at the Town Building,, Abrth Andover, on Tuesda TOWN OF NORTH ANDOVER evening, the 12th day of IOARD OF APPEALS NOTICE , n ._ . • °�r November 1985, at 7:30 9 o"Mock, to all parties in - SACH October-11 1985• terested in the appeal of Min.T" �ti . � � "•- - d Yong Lee and Young Ja Lee requesting a variation of Sec. .;••. o Notice'is hereby giverrahat 7, Par. 7.3&Table 2 of the Zoning By Law so a to permit the Board of Appeals will give a side yard requirements on northerly side yard 3.6 feet short o hearing at the Towr>.Building,' of required 30 feet on the premises,located at 223 Forest �,. + North Andover;.on Tuesday -� '' evening, the 12th day`of e I Street. ' Novemberto 1985 paRies?'n�°y 'use =.terested in the appeal-of Min .i By Order of the Board of Appeals. Yourig-Ja Lee requesting a variation of Sec. Frank Serio,Jr.,Chairman (able 2 of the Zoning By law so a to permit y Publish N.A.Citizen:Oct.24 and Oct.31,1985 917,rements on northerly side yard 3.6 feet short ----�` � r of regwred 30 feet on the premises totaled at 223 Forest 1 Street. By Order of the Board of.Appeals.-' Flank Seno Jr Chairman' Publish N.A.,Citizen:Oct.24 and Oct 3t,1985 917.E MOR7N f ik • s j • ,SSACNUS�� < TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Min Yong Lee & Young Ja Lee 223 Forest St. ----_-, -..-.-- North Andover , MA ,01845 . Date: OctQbe_r_ 24�_1985 ,Dear Applicant: -' - Enclosed is a copy of the legal notice for your application before j the Board of Appeals . i Kindly submit $ 7_ n4—___ for. the following: Filing Fee $ Postageo0i Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF API EALS Audrey Taylor Secretary /awt N W v� 'rQ NORTH O F APRIL + 1855 fA ACHUg 44 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ' NOTICE October. 18 . . . . .19.85 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,on. . .Tuesday. evening. . . . . . . . the 12. . . day of November . . . . . . 19. .85, at 7.:.36clock, to all parties interested in the appeal of Min . Yong. .Lee . and. Young. Ja, Lee. ' requesting a variation of Sec.. 7. . Par •7: 3 .& of the Zoning By Law so as to permit. . . . . . .Table. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . Side yard requirements on rrottherly. side yard 3. 6 feet short of required 30 feet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . .. on the premises, located at.2 2.3 . Forest. S t re.e t. , . . . . . . . . . . . . . . . . . . . .•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of.the Board of Appeals Frank Serio, Jr. , Chairman -- - . Publish in North Andover Citizen - Oct. 24 & Oct 31, Bill. to: 1985 ' Min Y gLee �& Young Ja Lee 223 Forest St. , North Andover, MA 01845 26Ceived by Town Clerk: RECEIVED DAN'IE'L LONG TOWN C_I.FRK NORT I ANDOVER Oct 18 11 00 AM '85 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Min Yong Lee Applicant Young Ja Lee Address 223 Forest Street, North Andover, MA 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7 . 3 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(s ) numbered 223 Forest Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street , and known as No. Street . c) Premises affected are in Zoning District and the premises affected have an area of square feet and frontage of feet . . 3. Ownership a) Name and address of owner (if joint ownership, give all names ) : Min Yong Lee and Young Ja Lee, husband and wife Date of Purchase August 29, 1985previous OwnerJoanne M. Piotte b) If applicant is not owner, check his/her 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: 42 .2 feet front; 34. 1 feet deep; Height 1 1/2 stories; feet . a) Approximate date of erection: 1956 b) Occupancy or use of each floor: Residential (single) c) Type of construction: Frame 6. Has rthere been a previous appeal, under zoning, on these premises? If so, when? Description of relief sought on this petition Variance from side yard require- ments to allow hcme to exist with northerly side yard 3.6 f See Plot Plan attached. 8. Deed recorded in the Registry of Deeds in Book 2033 page 2 Land Court Certificate No. Book Page - The principal points upon which I base my application are as"follows: (must be stated i n detail ) The side yard violation was, not discovered until 1985, ,when,for the first time since the construction of the home in 1956, a plot plan was made as per copy attached. The violation is minimal and does not detract from the appearance of the prentises or the neighborhood. It would be an extreme hardship on the applicants if the requested variance is not granted sine the property would be unsalable.. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Atty for Applicants LF. CRSGG •• ",• t- E3� SHED AND CREGG, 15 Central Street, Andover, MA, 01810 Tel: . (617) 475-4595 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 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 (3001 ) 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 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. LIST OF PARTIES IN INTEREST Name Address Min Yong Lee and Young Ja Lee (Petitioners) - 223 Forest Street North Andover, MA 01845 ,,/Robert J. & Roselline L. Savard_ 231 Forest Street, North Andover, MA 01845 /Stephen M. & Monique Hatch, 215 Forest Street North Andover, MA 01845 B & R Construction, Inc. 471 Andover Street . North Andover, MA 01845 William C. & Gail R. Tarbox - 205 Forest Street North Andover, MA 01845 e/Theodore B. Yachi.k and _ 247 Forest Street Sandra E. Donahue North Andover, MA 01845 v James Miller - 6 Willowvele Atkinson, N. H. 03811 (use additional sheets if ne essary) r PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by five ( 5) copies of the following described plan: The size of the plan shall be .11 x 17, drawn to scale, 1 inch equals 40 feet; it shall have a north point , names of streets , zoning districts , names and addresses of owners of properties within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties . The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall. be verified in the field and shown on the plan . The dimensions of the tot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances , exits , driveways , etc. that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat , or natural condition of water , brook, or river , shall be shown on the engineering plan ., When a variance is requested to subdivide a parcel of land, the dimen= sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted on the plan as such, and marked "approximate" . The plan shall be signed. and bear the seal of a registered '- surveyor or engineer. Any plans presented with the petition shall remain a part of the records of the Board of Appeals . If Living quarters are to be remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five .---.- -.-- ( 5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls , doors opening into the halls, and exit doors of each floor or floors whe4re no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevations presented with the petition shall remain a part of the records of the Board of Appeals . For petitions requesting variation(s ) from the provisions of Section 7, Paragrpahs 7. 1, 7. 2, 7. 3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s ) , structure(s ) , or building(s ) were constructed prior to March 14, 1977 . 2. The petition is not to allow construction or alteration to the dwelling (s ) , structure(s) , or building (s ) which will re-' suit in the need for the issuance of a building permit . 3. The size of the plan shall be no smaller than 8 1/2 x 11 inches and must show the existing area of the parcel , the existing frontage, and the existing setbacks of the dwelling(s ) , structure(s ) , or building(s ) being conveyed. 4. Proper space is provided on the plot plan for the Board' s signatures , as well as adequate space for the following information: date of filing, date of public hearing, and date of approval . MORTGAGE INSPECTION CYR ENGINEERING SERVICES, INC. Q 234 ESSEX STREET .� LAWRENCE, MASSACHUSETTS MORTGAGOR: AIIN YON,6 Y(L ,JA LF_r- (1 ADDRESS OF PRINCIPLE BUILDING fl� DEED REFERENCE: BK. r27.9 PG. /2'1 •-�"� PLAN REFERENCE: 3� G -,J T DATE OF INSPECTION: -S V NOTE: This Mortgage inspection was prepared spe- cifically for mortgage purposes and is not to be relied upon as a survey.Cyr Engineering Services, ,o ti �,. Inc. accepts no responsibility for damages result- ing from said reliance by anyone other than the VIP Lsaid mortgagee and its assigns in connection with 4 -- xzf its proposed mortgage financing to said mortgagor. OYERI-IAN(J i LUT Ca ____- -- CERTIFICATION TO: LaIRENCE 5006-'-', 8AA K 4 R)PTJON This Mortgage inspection was prepared in accordance with the Technical Standards for Mortgage Loan Inspections as adopted by the Massachusetts Associa- tion of Land Surveyors and Civil Engineers, Inc. I FURTHER STATE THAT IN MY PROFESSIONAL OPINION the principle structure/s and accessory outbuildings, Z)o Ivor CziMP2-Y , with the setback requirements of the local zoning or- dinances, and that there are no encroachments of major improvements either way across property lines except as shown. ALSO: F ,you ■ 1. Property is not in a Flood Hazard Area. ❑ 2. Property is in a Flood Hazard Area. ❑ 3. Information is insufficient to determine Flood j CH LES N Hazard. �t No 7320 Scale: f = 50' . . yof]b ' Date of Plan: )14(15-r- .2 0, 19A Flood Hazard determined from latest Federal s vE Flood Insurance Rate Map. ���. , --REVis�n sfnT��F�. i9,���5 1, I NORTH ANDOVER BUILDING DEPARTMENT � f 10RT1 , O ao 120 MAIN STREET NORTH ANDOVER, MA 01845 SS1CHUg INSPECTOR OF BUILDMOS TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR DecembeA 10, 1985 Board o f AppeatA Town O j 4ice Building NoAth AndoveA, Ma. Re: Lee Petition, 223 FGAMt St. Oentf-emen: In Reviewing the appZication o6 MA. 8 Mu. Lee, 223 FoAnt StAeet, the appticat on .states that the house waa eAected in 1956. Ij thus date o4 eAection can be sub- stantiated, the Lee's would not Requite a vatriance. This i6 based upon the 6act that the Zoning By-Law in e64eet in 1956 ont y AequiAed a setback o4 6i4teen feet. See attached copy o4 the appticabZe z ec tion o f By-Law. very t uty youu, CHARLES H. FOSTER INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF:a4 Enc. . •meq. i. (c) In Single Residence, General Residence, and Edu- cational Districts; where there are other existing buildings within 200 feet on each side of the lot in •i question and within the same:block and district, ^ ^ • the structure may extend as near'the.street line as the average alignment of saiid'existfrig:adjacent principal buildings; except that where such build- :;, Ings are more than Wfeet from said street line, a ;. new building shall not extend nearer said line ;ys than the average set backs of such existing build- ings. Section 3. Side Yards: No principal building in any Residential, Educational or Agricultural District, and no-building used for dwelling purposes in any other district shall'be constructed, altered, or added to in such a ^-inner as to provide a side yard of less than fifteen feet in clear width between the side of the -structure and the side lot line; excepting in specific cases where existing lots of record are less than the minimum width prescribed in this By-Law. In such cases a side yard r , not less than ten feet in width may be permitted by the Board of Appeals. Section 4. Rear Yards: Behind every dwelling in any Residential, Educational, or Agricultural District; there shall be provided.a rear yard between the back line of the house and rear lot line, not less than thirty feet in depth. A rear yard may contain acces- sory buildings not over one and one-half stories in height and covering not over thirty per cent of its area; excepting that on lots of one acre or more, accessory buildings may be two.and one-half stories in height. In Agricultural Dis- tricts where lots are 10 acres or more in area, accessory buildings are not limited in height. Section 5. - Yards for Noir.Residential Buildings. Any use, not residential or accessory, permitted in a Single Residence, General Residence, Educational or Agri- cultural District; shall observe the provisions of this By- Law in regard to yard regulations as applied to dwellings. Accessory structures which are connected to the dwell- . ing shall be considered a part of the dwelling. No part of any separate accessory building permitted in these districts, which is situated within sixty-five feet of any street line, shall extend within fifteen feet of any side lot line; and an accessory building placed back of a line which is sixty-five feet from the street line, if not more than one and one-half stories in height shall be located not less than five feet from any side or rear lot line. In locations • where accessory buildings of more than one and one-half story height are permitted, said, buildings shall be located T . { .. { REC'EIV EU .` o&•NorcrN1� -o-DANIEL LONG TOVIM CLERK , ,! �,I,aII be filed I„+ ORTH t�tQOV£R i. 1853 �•�• Any 1p aCHllg , `' otiCe DECI \ 12 12 NIS •••..r•t' i. !. � �.��.: ci �����: �r Town TOWN OF NORTH ANDOVER in illi, Oifice of tl� .. MASSACHUSETTS , Cierje,. BOARD OF APPEALS NOTICE OF DECISION Date . .December 16 , 19 85 I Petition No.. 57. . -85. . . . . . . . . . . ... . . Min Yong Lee & Young Ja Lee Date of Hearing. . December 10 , 1985 . 223 Forest Street ' North Andover, MA 01845 Petition of . . . . . . . . . . . . . . . . . . . . . .Min Yong •Le-e & -Young •J a •Le•e. . . . . . . . . . . . . . Premises affected . . . . . . . . . .22-3 •Fo re•s t• •S t v; •North •Andover; • MA. . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of Ike Section .7.,. . . . t Paragraph. .7.3 . and. .Tab.le. .2 . of . the. -Zoning .ByLaws . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .variance . from side. yard requirements. .to. .alJow. -home . to. . exist. with •northerly• side •yard •3•..6 • feet -short -of •requi.red..30• .feet.. After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . . the . .Variance. . . . . . . . . . . . . . . . . . . . . . . . . M #bg �XtblpgX1 �XE�bXX pet x . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k , Signed Frank Serio, Jr. Chairman Walter Soule • ' •Al•fred •Frizelle ; Esp•: • • • . . • --"- - Augustine Nickerson . . . . . . . . .Anna O'Con_nor. . . . .•. . . . . . . . . . Id. /aw t . . . I f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . I . . . . . . . . . . . . . . . . I . . . . . . . . . . . : . . . . Board of Appeals I ' i C REC EI'dE 0 „oRTh A DANIEL LONG <,..• ;,��o TOWN Cl EFS : : It" NORTH A 00VER p DEC 16 12 12 PM '85 '���;.: - :.:rt.: � ,i, L,ce �. .- ,SSACNUSS4 in the Orrice 'of the Town Clerk. TOWN OF NORTH ANDOVER * MASSACHUSETTS BOARD OF APPEALS December 16 , 1985 Min Yong Lee & Young. Ja Lee 223 Forest Street Petition: #57-85 Mr. Daniel Long, Town Clerk Town Building North Andover, MA 01845 Dear Mr. Long: The Board of ,Appeals held a public hearing on Tuesday, December 10 , 1985 at 7 : 30 p.m. upon the application of Min Yong Lee & Young Ja Lee . The hearing was advertised in the North Andover Citizen on October 24 , and October 31 , -1985 and all abutters were notified by regular mail. The following members were present and voting: Chairman Frank Serio ,Jr. Vice Chairman, Alfred E. Frizelle , Esq. , C1erk, ,,Augustine W. Nickerson , Walter Soule and Anna O'Connor. The petitione rs seek to obtain a variance from the requirements of Section 7 , Paragraph 7. 3 and 'Table 2 of the Zoning Bylaws in order to allow variance from side yard requirements to allow home too exist with northerly side yard 3. 6 feet short of required 30 feet. Motion made by or. Frizelle and seconded by Mr. Soule to GRANT this variance as stated. Unanimous vote. The Board finds that Section 10 . 4 of the Zoning By law has been satisfied. In particular, the Board finds that a literal enforcement of the Zoning By law would create a hardship to the petitioner. Said variance , in the opini.on of the Board, may be granted without nullifying or substantially derogating from the intent and-.purpose of the Zoning By law. Sincerely, BOARD OF APPEA�;S Cw Frank Serio, Jr. , Chairman -- - /awb i � f NORTN, A ♦ t •i e SACNUS t� t �. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS I November 19, 1985 , a 1 - 1 Min Yong Lee Young Ja Lee- 223 Forest St. N. Andovr., 1AA .01845 Dear Mr, & Mrs . Lee: !; This is to advise you that the public hearing on your application f for a variance from the requirements of Section 7, Paragraph 7 . 3 and }! Table 2 of the Zoning 3y Laws , has been rescheduled for the December meeting on December 10, 1985. This was necessary due to the fact that there was no representative for the petitioners at the meeting. Someone must present the facts to the Board before any decision can be made. If you have any questions, please call the Board of Appeals office. Sincerely, - BOARD OF APPI? .LS 1' Frank Serio, Jr. Chairman j cc: lir, Edward F. Cregg, Attorney ,I N i i i x i Board of Appeals —1 Town Office Building Y~idC,c` North Andover, Mass. 01845 B & R Construction Co 471 Andover St. North Andover ► MA 018 i NO F CllwWAFtl:}ENC, ORDER CIF! F-11 El P R�CLlYED � �NortrN�� o.• o DANIEL LO.4G T0+?r`1 ;L .R . �.amm , t , be fitecl NORTI.1 11dO VER Ally app, { OS ►•SA'ceu ,• DEC 16' IL9 1.2 PM ?V,v ' v'- �OtICe TOWN OF NORTH ANDOVER in th� v' iice of. the. Town MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date December 16 , 1985 --_ Petition No.. 5.7-.8.5 . . . . . . . . . . . . . . Min Yong Lee & Young Ja Lee Date of Hearing. . December 10 , 1985 . . . . . . . . . . . . 223 Forest Street North Andover, MA 01845 Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . .Min •Yong -Lee • &• -Young •Ja -Le-e. . . . . . . . . . . . . . Premises affected I . . . . . . . . .•22.3-•Forest• •9t'.•; •North •Andover; .MA• • • • • . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements ofA# Section .7.,. . . . Paragraph. -7.3 . and. .Tab.le. .2 . of . the. -Zoning .By.Laws . . . . . . . . . . . . . . . . . . . . . . . . . . 1 so as to permit .variance . f.rom .si.de. .yar.d. requirements. .to. .allow. home . to. . I � exist. with •northe'r•1•y• •side •yard •3...6 • feet •short •of. •requi-red..30• -feet'. After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . . the .Variance. . . . . . . . . . . . . . . . . . . . . . . . . Mx��XfI �gXfX�bX £XeK 8141 X . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 i Signed Frank Serio, Jr. Chairman + Walter Soule . ... . . . . . .Al-fred -F-rizelle ; Esp.; . . . . . . RAugustine Nickerson . . . . . . . . .Anna- OConnor. . . . ... . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . Board of Appeals