HomeMy WebLinkAboutMiscellaneous - 225-227 MAIN STREET 4/30/2018 1
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+.. TOWN OF NORTH ANDOVER
MASSACHUSETTS
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BOARD OF APPEALS
NOTICE
. . . September. 18. .19.89
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on. Tuesday . .
. . .evenin
. ,. • '',. g . . . . . . the .10th day of . . . . October. . . .
19. .89, at.7:.3 O'clock, to all parties interested in the appeal of
. . .John. L.u,. .M.D.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
requesting a variation of Sec..8, . Parag .1. and. of the Zoning
S�eci l Permtit of Sec 4, Para 122(16) and Table 2
Y pe
. . .conver-sion.of. .third.floor. .into. res.i.dential. uni_t and
variances from parking and/or set back requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . .
on the premises, located at. . 225-227 Main S t.
Ber of a rd of lAp
Frank Serio, Jr. , Cha �rman�
Publish in No. Andover Citizen on Sept. 21 & Sept 28, 1989
Bill To-. John Lu, MD. , 43 North St. , Tewksbury, MA 01876
LEGAL NOTICE O• LEGA_NOTICE
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TOWN OF NORTH ANDOVER TOWN OF NORTH ANDOVER
MASSACHUSETTS MASSACHUSETTS '
BOARD OF APPEALS BOARD OF APPEALS
NOTICE NOTICE September 18,1989
• September 18,1989
Notice is hereby given that the Board of Appeals will -Notice is hereby given that the Board of Appeals will
give a hearing at the Town Building,North Andover, give a hearing at the Town Building,North Andover,
on Tuesday evening the 10th day of October 1989, on Tuesday evening the 10th day of October 1989,
at 7:30 o'clock to all parties interested in the appeal at 7:30 o'clock to all parties Interested in the appeal
of John Lu,M.D.requesting a variation of Sec.8, of John Lu,M.D.requesting a variation of Sec.8,
Parag.1 and Special Permit of Sec 4,Para 122(16) -Parag.1 and Special Permit of Sec 4,Para 122(16;
and Table 2 of the Zoning By La-i so as to permit and Table 2 of the Zoning By Law so as)o permit
conversion of third floor into residential unit and conversion of third floor into residential, unit and
variances from parking and"cr-set back requirements variances from parking and/or-set back requirements
on the premises.IocaleH 225-227 Main St. on the premises,located at 225-227 Main St.
By Order of the By Order of the
Board of Appeals Board of Appeals
Frank Serio,Jr.,Chairman Frank Serio,Jr.,Chairman
9/21/89&9/28/89 9121/89&9/28/89
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
John Lu, M. D. Petition: 4180-89
43 North St.
Tewksbury, MA 01876 DECISION
The Board of Appeals held a regular meeting on Tuesday evening, October 10, 1989
upon the application of John Lu, M. D. requsting a variation of Section 8, Para-
graph 1 and a Special Permit of Section 4, Paragraph 122(16) and Table 2 of the
Zoning Bylaw so as to permit conversion of third floor into residential unit and
variances from parking and/or set back requirements on the premises located at
225-227 Main Street. The following members were present and voting: William
Sullivan, Vice-Chairman, Walter Soule, Raymond Vivenzio, Anna O'Connor and
Louis Rissin.
The hearing was advertised in the North Andover Citizen on September 21, 1989 and
September 28, 1989 and all abutters were notified by regular mail.
Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted,
unanimously, to DENY the Special Permit as requested .on the following grounds.
With few exceptions, this section of Main Street is primarily a one and two family
residential district. Preservation of the existing character of this portion of
Main Street is an- important purpose of the bylaw, as this main thoroughfare is an
important and picturesque amenity of the town in this area. Petitioner seeks con-
version of attic space into a third residential unit. This specific site is an
inappropriate location for this third residential unit. The proposed use will
increase ..traffic and population. density, thereby adversely affecting the neighbor-
hood.
The Board finds that the proposed use is not in harmony with the intent and general
purp6se of the bylaw as stated in Section I of the Zoning Bylaws, especially sub-
sections 1, 3,4 and 5. The Board also finds tha-. the petitioner did not meet the
conditions of Section 10.31 of the Zoning Bylaws; expecially Sections 10.31; Ia,
b,c and e.
Sincerely,
BOARD OF APPEALS
Dated this 12th of October, 1989
William Sullivan
Vice-Chairman
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APRILM
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Any aPpcal sha!l be filed OCT jz
vVithill (20) after the TOWN OF NORTH ANDOVER
datc !)f fiiing, C-If L';iis Notice MASSACHUSETTS
in the Office of the Town
Clerk. BOARD OF APPEALS
NOTICE OF DECISION
John Lu, M.D. Date
43 North Street - October- 12-,- -1989. . . . .
Tewksbury,MA 01876 Petition No.. . . . . 8.0.-89. . . . . . . . . . .
Date of Hearing. . Pqtobe:r. 10.,. .1989
Petition of . . .
Premises affected . .2?�-.2.2.7. Main. S.t.rqqt
Referring to the above petition for a variation from the requirements ofxft . Section. 8.,. . . . .
Par.agraph. 1. and .a. Sp.e.c.ial.Permit of. Sec.tion. 4.,. Paragraph .122(16). and .Table. .2 . . .
of the Zoning Bylaws
so as to permit conversion .of. third floor. into. residential. unit .and. variances. from
par.king.an,dl.o.r .set. back .requir.ements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to -DENY. . . . . . . the
Special Permit as requested.
The variance was determined at
- the hearing to be unnecessary, however, as the
re ue t was not formally withdrawn, the same is denied.
tKx. . . . . . . . . .
Signed
. . . .William Sullivan, . .
. . . . . . . . . . . . . . . . . Vice-.qhai.rMan .
. . . .Walter .SQulp. . . . . . . . . . . ... . . . . . . . . . .
. . . .Fcaymond .Vivenz.Q . . . . . . . . . . . . . . . . . .
Anna V.Connor
Louis .Rissin
Board of Appeals
JAMES J. GAFFNEY III
Attorney at Law
Telephone: The Hildreth Building
(508) 851-5234 Suite 520
(508)459-7509 45 Merrimack Street
Lowell, Massachusetts 01852
September 14, 1989
Town of North Andover
Board of Appeals
120 Main Street
North Andover, Massachusetts 01845
Re: Application of John Lu, M.D.
Dear Sir/Madam:
Enclosed please find the following in connection. with the above
referenced application:
1. Completed Application with Abutters List (5 copies)
2. Plot Plan* (5 copies)
3. Filing Fee - $25.00
Very truly yours,
4am � y III /
*Floor plans and additional material to be submitted in advance of Dearing.
' Received by 'Down Clerks
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DAME'.
7,
TOWN OF NORTH ANIx7VrR, MASSACIIUSETTS R7I' /i yijf"I!fi�
BOARD OF APPEALS t 459-7509
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APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING OItU1NANCE �EP 18 5 Ej'2 ��lr! I
43 North Street
Applicant_JObn L�-M.D. ----- ----Address Tewksbury, MA 01876.
1. Application is hereby made:
a) For a variance from the requirements 'of Section 8 Paragraph 1
and Table '2—of the Zoning By Laws.
b) For a Special Permit under Section! -Paragraph 122 of the Zoning
By Laws. See Sub-Paragraph (16)
c) As a Party Aggrieved, for review of n decision made by the
Building Inspector or other authority.
2. a) Premises affected are land-and buildings) numbered
225_227 Main __ Street.
b) Premises affected arc property with frontage on the Horth ( )
South ( ) Unst ( ) went ( ) side of
Street, and known as No.___-`-- t;treet.
C) P.remiscs affected are in 7,ong UistrictB::�_, and the premises
affected have an area 0f10,A_-square feet arid frontage of
61-7.—f e e t.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
John Lu, M.D. 43 North Street, Tewksbury, MA 01876
Date of Purchase July 18,, 19�evious Owner Zachary-C, and Patricia E. Alexanian
b)' If applicant is not owner, check tris/her interest in the premises:
_-Prospective Purchaser Lesee Other (explain)
44 Size of proposed buildings' front; feet deep;.11eiglst stories; feet.
a) Approximate date of erections
b) Occupancy or use of each floors
C.) Type of constructions
5. Size of existing buildings__�3_4 feet front; 57.3 feet deep;
Ileight --stories;_--[ret.
a) Approximate date of erection: 1 880 (estimated)
b) occupancy or use of each floors residential
c) Type of constructions _Wo id-frame1 -
G. Nas there been n previous appeal, unctec zoning, on these premises?
If so, when?___
not to knowledge of applicant
�!. Description of relief sought'on `this petition `��plicant requests special;permit to
1,�Ieonvert third floor into• residential unit and requests variances from 'pNyking and/or
-asEt-buck7regtrt ------
'
.- Dead recorded in the Registry of .Deeds in Booki Page
' 433_ g 135
: :_ Land.Court Certificate No. [look Pnge
)ie principal points upon which I base•my ap�.licntion are as follows:
must be,s tated in detail) a .�_• .
-T]Wd floor now exists and can •be converted to'dWiMing unit without exter40r alteration
AxnQnt. fnr nngejb On +parking can
be acco d ted detracting from nei,zhborhoo
agree to pay the filing fee rtisln newspaper, and incidental
xpenses"
Slgnatu-re o Petr oij rig �.
very application for action by the llvard sha11 be made on a form approved
y• the Board. These forms shall be furnished by the Clerk upon request. I;:
Fly communication purporting to be nn application shall be treated ns mere
otice of intention to seek relief until such time •as it is .marte on the � •
fficial application form. All information called -for by tlrc form shall '
e furnished by the applicant in the manner 'llierein:::prescribed. 1
.•fit •• .;'j•.
very-application shall be uubmitted with n list'of '."Parties in Interest" .
111c" "at shalt 'include .the petitioner, nbutters, owners of Innd directly
pposite on any public or private street or wny, end nbutters to •tile ,
butters ;within' three hundred feet (3001 ) of the Property line of the '
etitioner' as they appear , bn the most recent applicable tax List,
otwithstanding that the land of any such owner is located in another city .'•. ';'
r town, the Planning Board of the city or town,, and the Planning Board of.: ;:•1,;,
very, abutting city or town. !:•�, ;,.,
Every application shall be submitted with in application charge cost iit
he amount' of $25.00. - In addition, the petitioner shall bd responsible
or any. and all costs involved in bringing the petition before the Board.;: .' j
uc1L costs shall include mailing and publication, but are not necessarily':"':. +'-'
imited to these.
very application shalt be submitted with a plan of land approved by the .
oard.' Ila petition will be brought before the Donrd unless said plan has 101
een submitted. Copies of the Board's rcrluir.ements regarding pions are :+
ttached hereto or are available from the Board of Appeals upon request.' + 't
LISP OF PARTIES Ill Itt'1'ERES'C �
!lame , Address
ALL ON ATTACHED SHEET-.--- * i
(use additional sheets if`necessary) ' 11 �
Y. -
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LIST OF PARTIES OF INTEREST
AAP # !PARCEL # NAME ADDRESS
1 2 ✓ Mary Claire Hill and Elizabeth H. McCarthy, 20 3rd Street North Andover MA
31 12 Paul C. Campbell and Stephanie H. Campbell, 32 Noreast Lane, Hampton NH 03842
31 3 Donald L. Markey and Carol A. Markey, 233 Main Street, North Andover, MA
31 11 Edward J. Keisling and Estelita A. Keisling, 12 Richardson Avenue,North ArKbver
31 55 � hardson Avenue, North Andover, Massachusetts
4 Richard H. Fournier and M. Martha Fournier, 247 Main Street North Andover MA
1 10 Charles A. Pa alfa and Susan S. Pa alfa 24 Ricahrdson Avenue North Andover
30 17 vDavid W. Wallwork.a d Louise B. Wallwork, 219 Main Street, North Andover, MA
30 1.8 ✓ Anthony S. Conte and Ann L. Conte, 17 Third Street, .North Andover, MA
41 21 Joseph A. Monteforte, 20 Robert Street, Wakefield, Massachusetts 01880
41 19 Jean P. Phaneuf and Elizabeth S. Phaneuf, 222 Main Street, North Andover, MA
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MEMORANDUM IN SUPPORT OF APPLICATION
OF DOCTOR JOHN LU
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GENERAL: Applicant is the owner of the white clapboard building at 225-227
Main Street. (See Photos distributed separately) The building has existed
as a two family for some time. Applicant now seeks a Special Permit and any
necessary Variances to convert the third floor into a living unit.
VARIANCES: Applicant has requested alternative Variances for parking. He
asked for relief from the two unit per dwelling requirement and relief from
the setback requirements of Table 2. Applicant intended the Board to consider
which variance best accommodated the purposes of the Zoning By-Law. Applicant
believes that relief from the setback requirements is the better solution.
Setbacks on the proposed plan are 23' (rear) and 5' (side).
SPECIAL PERMIT: Applicant is requesting the Special Permit set out in Section
.122. The sub-paragraph was incorrectly listed as (16). The correct sub-
paragraph is (14).
EXTERIOR CHANGES WILL NOT ALTER THE CHARACTER OF THE NEIGHBORHOOD: The building
is now provided with two enclosed stairways to each floor including the third
floor which is the subject of this request. The only changes proposed by
Applicant are the addition of small skylights which will not affect the roof
line and the construction of one dormer, toward the front of the building.
The dormer will be of peaked roof clapboard construction consistent with the
building's style. In fact, a dormer of the type proposed by Applicant would
not have been out of place as part of the original construction. Applicant
agrees to include these representations as conditions to the Decision. (See
Proposed Decision at Exhibit #1). (See Sketch of Dormer at Exhibit #1A)
THE BUILDING WILL ACCOMMODATE A SPACIOUS, LIVABLE THIRD FLOOR APARTMENT:
Applicant does not propose.a studio or garret. The third floor has over 1400
square feet to be converted into living space. Applicant's schematic is at
Exhibit Q. Existing floor plans are at Exhibit #3.
FINANCIAL HARDSHIP.:. The building was constructed around. the turn of the
century. The building has a construction style and location which compliments
the character of the Town's central area. These features were important
factors influencing Dr. Lu's Decision to purchase the house. However, these
I same features do have a negative aspect. The roof leaks and will require re-
placement. An owner of an older building has to be financially prepared to
iJ confront major repairs. The income from two units is not even adequate to
11111 support the regular monthly expenses anticipated with a building of this size
and value. There would be no possibility of building up a reserve for re-
placement and repair.
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HARDSHIP ASSOCIATED WITH THE LAND:' The land is impacted with a shape hardship
compounded by the elongated shape and location of the building. This com-
bination of factors leaves inadequate room for a parking area which meets the
setback limits.
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I GRANTING THE SPECIAL PERMIT AND VARIANCE WILL NOT DETRACT FROM THE NEIGHBOR-
HOOD OR INTENT AND PURPOSE OF THE ZONING BY-LAW: I
1. Even though the rear setback does not meet the rear setback minimum, it
does have substantial setback. There is good separation between Doctor
Lu's building and the one behind it. The parking area will not create a
sense of congestion or crowding. The homeowner to Dr. Lu's immediate
rear, most impacted by the setback relief, has consented to his proposal.
(See Exhibit #4) The impact of the side yard setback relief is minimized
by the fact that the edge of building is closer-to the street than the
proposed parking. (See Mbit #5)
2. There are other rental units in the area. There is a four family across
Main Street.
3, Doctor. Lu views this building as a long term family investment and will
maintain and operate it accordingly. Doctor Lu's son, Stephen, now
resides in one of the units. Doctor Lu has no intention of selling the
building. Applicant submits that the Town can be confident that he will
maintain and operate the property to be a credit to his name and an asset
to the community.
RESPECTFULLY SUBMITTED,
�y�� rT
-ieS . 'G"affney III, E quire
45 rimack Street
Lowell, Massachusetts 01852
(508) 459-7509
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PROPOSED DECISION
DECISION: The North Andover Board of Appeals hereby grants a Special Permit
pursuant to the provisions of Section 4.122 (16)_ of the Zoning By-Law and
Variances from the side and rear setback requirements found in Table 2. The
Special Permit and Variances are granted to permit the building on the corner
of Main and Third Street identified as 225-227 Main Street to be converted
from a two family to a three family unit.
FINDINGS: The Board of Appeals finds that the Special Permit is in harmony
with the intent and purpose of the Zoning By-Law. Without limiting the i
generality of the foregoing the Board makes the following findings: i
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1. Exterior architectural/construction changes proposed are minimal
and will not alter the character of the building or neighborhood. I
2. The proposed three family use is consistent with other uses in the
area.
The Board has determined that special conditions exist affecting the property
and that literal enforcement of the By-Law would cause substantial hardship.
The Board finds that granting the Variances will not adversely affect the
neighborhood or the enforcement of the Zoning By-Law. The Board finds that
the building':s elongated shape and its siting on the lot combine with the
lot's shape to prevent applicant from providing adequate parking without
relief. The relief can be granted without causing congestion or otherwise
impairing the status of the neighborhood.
CONDITIONS:
1. Exterior alterations limited to the installation of skylights and
one dormer.
2. Parking to be as shown on Cuoeo and Cormier site plan attached
hereto.
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FLOOR PLAN
225-227 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS
PREPARED FOR
ATTY. JAMES GAFFNEY
BASEMENT 45 J(ZRPJ)iAc)r Sr. SUITE 520 LOWELL, MASSACHUSETTS 01852
OCTOBER 3, 1989 SCALE: 118"=1
micuoc:o & r-oRmlr=lq, INC.
FILE 4940
T0: North Andover Board of Appeals
• We have beocme aware of an Application which would permit Doctor John Lu
to convert a two family structure located at 225-227 Main Street into a
three family structure. We do not object to the proposal.
NAME
ADD-- R-�_
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225—.227N
2 5_',�IG. / MAIN STREET
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NORTH' ANDOVER, MASSACHUSETTS
skit: IS'
eeA¢: do' PRBPARSD FOR
ZVuew-AjJrr ATTY. JAMES GAFFNEY
Pao,rrDeD, , � sPacts •
45 YSRRIiUACK Sr- SUITS 520 L01rr" AfASSACBUSErTS. O/B62
so 0 220 40 so
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SEPTEMBER 15, 989::
SCALE: I"=20#
cuoco c COWARR. INC.
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F/LS 4340
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,SSACHUS�t
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
` Vlti D� 11 . f Date:
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals .
Kindly submit $ �, ��� for the following:
Filing Fee
g $ 0--e
Postage .�'
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 APPEALS
Audrey W. Taylor; Clerk