HomeMy WebLinkAboutMiscellaneous - 234 BRIDGES LANE 4/30/2018 2 3 �lc'iDG�S , ivE"
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Sept... �1. . . 19 92
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on. .
Tuesday . . . . . . . the . .Utbday of .October . . . . . . . .
19.9 2 , at. o'clock, to all parties interested in the appeal of
. . . . .Robert. .and.Mar..y. .Tylicki. . . . . . . . . . . . . . . . . . .
requesting a variation of Sec.. .4. .12.1. (6) (b). .of the Zoning
By Law so as to permit. . .the. keeping. of. .a .miniature . . .
horsein the R.I. District .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on the premises,located at. . . ?34 .Bridges Lane. . , . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By order of roardf Frank Serio
Airman
published in the North Andover Citizen on September 23
and 30, 1992.
LEGAL NOTICE LEGAL NOTICE
BOARD OF APPEALS 130ARD OF APPEALS
NOTICE NQILE
Sept.21,1992 Notice is hereb Sept.21,1992 �`- ----- -
Notice is hereby given that the Board of Appeals y g van that the Board of Appeals
will give a hearing at the Town Building,North will give a hearing at the Town Building,.North
Andover,on Tuesday the 13th day of October 1992, Andover,on Tuesday the 13th day of October 1992,
at 7:30°'clock,to all parties interested in the at 730 o'clock,to all parties interested in the
appeal of Robert and Mary Tylicki requesting a vari- appeal of Robert and Mary Tylicki requesting a vari-
ation of Sec.4.121 (6)(b)of the Zoning By Law so as n of Sec.4.121 (6)(b)of the Zoning By Law so
as to permit the keeping of a miniature horse in the as to Permit the keeping of a miniature horse in the
R.1. District.on the premises,located at 234 R.1. District.on the premises, located at 234
Bridges Lane. Bridges Lane.
By Order of the Board of Appeals By Order of the Board of Appdals
Frank Serio,Chairman Frank Serio,Chairman
NAC:9/23&9/30i92 NAC:9/23&9/30/92
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APPLICATION TO THE NORTH ANDOVER BOARD OF APPEALS
n for
RELIEF FROM THE DECISION OF THE ZONING OFFICER
or
n FOR A VARIANCE FROM THE ZONING BY-LAWS
Submitted by
Robert and Mary Tylicki
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Received by Town Clerk:
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TOWN OF NORTH ANDOVER, MASSACHUSETTS 7
BOARD OF APPEALS ! : 682 ( aj 4�t j
APPLICATION FOR RELIEF FROM TIIE REQUIREMENTS OF THE ZON �DINANCE `'�`�R
11064# psi,
Applicant Robert A. & Mary T. Tylicki Address 234 Bridges Lane
u I �,. Application is hereby made: North Andover, MA• 01845
a) For a variance from the requirements of Section4,121Paragrapli
(-1 and TAPWX 6,b,of the Zoning By Laws.
V b) For a Special Permit under SectionParagraphof the Zoning
By Laws.
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c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
rl 2. a) Premises affected are land---.-and building(s)—_numbered
Strcet.
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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 DistrictR-1_, aril the premises
affected have an area of1_Q1 __- �# and frontarle of
150__—feet• acres
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3. Ownership
a) Name and address of owner (if joint ownership, give all names ):
1 Robert A. & Mary T. Tylicki 234 Bridges Lane, North Andover, MA 01845
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Date of Purchase 1.1/7/85------Previous OwnerNew Construction Jay Burke)
b) If applicant is not owner, check Iris/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
n 4,, Size of proposed building: -front;_ feet deep;
" Height stories; Leet.
a) Approximate date of erection:
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b) Occupancy or use of each floor: N/A
c) Type of construction:
n5. Size of existing building:_—_ feet front;----feat (deep:
Height stories; Ccet.
a) Approximate date of erection:--------------
b) Occupancy or use of each floor _ N/A
c) Type of construction:
6. 11as. there been a previous appeal , under zoning, on then(! Oremise n?
If so, when?—_—___
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7,,- Description of relief sought on this petition ' f, parties aggrieved., for :>;eview of
a decision made by the zoning officer• .as -it rates to the Zonind By-laws Section
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4.121.6b {o alloy us to. kee a m' aturee_ orse e sp y (see attzached page)
8.•,.• Decd recorded in the Regi str of Deeds 1n ii'ooK ��/�f
} Land.Court Certificate No. 9843 —Book 69 Page 177 doe# 38857 jpegistered)
The principal points upon which I base•my application are as follows:
(must be stated in detail)
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See attached paces
1 agree to pay the filing fee, advertising in newspaper, and incidental
' expen es* !
1 Signature ofPetitio.
, Every application for• action by the Board shall be made on a form approved
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by- the Board. These forms shall. be furnislica 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 '
ii 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 pet•il•ioner, abutters, owners of Land directly
;opposite on any public or private street or way, and abutters to .the
;abutters ;witliin' t}iree Hundred feet (300' ) of the property litre of the
petitioner as they appear , on the most recent applicable tax list, ."
F 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
Li :every, abutting city or town.
n. '*Every application shall be submitted with an application charge cost in '
the amount- of $25.00. In addition, the petitioner shall be responsible
w.,.;.rr . :for any and all costs involved in bringing the petition before the Board... " :' '•Q
;}'•r ='', Such costs shall include mailing and publication, but are not necessarily,•
limited to these. `
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u Every application sliall be submitted with a plan of land approved by the ;; !I
Board. No petition will be brought before the Board unless said plat, has
n. been submitted. Copies of the Board's requirements regarding pLans arc '
attached hereto or are available from the Board of Appeals upon request. t
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LIST OF PRIMES IN Itt'fERCS'I' :
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LIST OF PARTIES OF INTEREST
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SUBJECT PROPERTY' . _
n MAP IPARCEL LOT INAME ADDRESS
104D 88 lRobert A. & Mary T. Tylicki
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MAP PARCEL LOT NAME ADDRESS
n 104D 86 Dorothy D'A ata
Lj 104D 87 Roger L. & Rosemary Goudreap 222 Brid es Lane
1041) David P. & Kathleen M. Bernat 248 Bridges Lane
D 90 Frank V. & Ellen M. Daley 258 Bridaes
104D 122 Arthur R. & Linda A. Hibbs 979 Pririgpq Lane
`
104D 106 Arthur J.& Janice H. Giles 225 Bridges Lan {'
D 143 Alfred & Diane C. Gaskin 5 Christian Way
I Li 104D 5 Eduardo R. & Donna M. py 22 Tiffany Lane
104D 182 John F. & Maureen S. Cardinal
F , 104D 183 Walter J. Gail E. Gillespie 45 Tiffany
'u 1.04D 21 Therese M. & Edward P. 50 TiffanyLane a
104D 6 Colin T. & Mar 55 Tiffany Lane {_
n 104D 92 T.D. Laudani & J.J. Ph' Countr Hollow Lane
Lj Haverhill, MA 01830
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n TOWN OF NORTH ANDOVER, MASSACHUSETTS
Li BOARD OF APPEALS
F1 APPLICATION FOR RELIEF FROM THE DECISION OF THE ZONING
OFFICER OR THE REQUIREMENTS OF THE ZONING ORDINANCE
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L' Additional information on item number 7 on the description
of relief sought on this petition.
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Li North Andover Zoning By-law Section 4. 121 Residence 1�
(District
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I6. b. On any lot of at least three (3) acres, the
keeping of a total of not more than three (3) of any
kind or assortment of animals or birds in addition to
I the household pets of a family living on such lot, andl
for each additional acre of lot size to five (5) , the
keeping of any animals, birds or pets of persons not
F1 resident on such lot.
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Application Question 7 . Description of relief sought on
L' this petition: As parties aggrieved, for review of a
decision made by the Zoning Officer as it relates to
n the Zoning By-laws Section 4 . 121 .6b to allow us to keep
our miniature horse on our property in the R-1
�1 district.
4 a. For review of a decision made by the Zoning
Officer: it is our position that our miniature
horse is a household pet of our family that will
live on our property and request the Board to view
Lj it as such.
b. Alternatively for a variance from the
requirements of Section 4. 121 Paragraph 6.b. :
relief is sought from the requirement: "On any lot
n of at least three (3) acres, the keeping of a
total of not more than three (3) of any kind or
assortment of animals. . . " . It is requested that
n the Board allow our miniature horse, to be kept on
our 1 .01 acre lot.
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TOWN OF NORTH ANDOVER, MASSACHUSETTS
Li BOARD OF APPEALS
n APPLICATION FOR RELIEF FROM THE DECISION OF THE ZONING
OFFICER OR THE REQUIREMENTS OF THE ZONING ORDINANCE
n The principal points upon which I base my application are as
follows :
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1 . We would like to have our miniature horse reside on our
n property. We consider him a household pet and would like
you to classify him as such. The gentle, affectionate and
quiet nature as well as its small size makes the miniature
n horse an exceptional pet. The American Miniature is a
Li "height" breed; they must measure no more than 34 inches in
height at maturity. This measurement is the vertical
n distance from the last hairs at the base of the mane to the
ground. In relative size, the miniature horse is
approximately the size of a large dog. Miniature horses
thrive on attention and display a curiosity and intelligence
n that make them delightful companions and pets, allowing
people of all ages to enjoy them.
n 2 . Even though it is a horse the miniature horse is cared
for and has the same effects on a family as that of a dog.
Due to allergies we can not have a dog or a cat. We do not
n have allergies related to horses. Since our children are
desperate for a household pet, our miniature horse is
Li perfect for our family needs. Miniature horses have proven
to be excellent companions for children. They show great
n patience and can be as easy to train and handle as dogs are.
It is not uncommon for miniature horses to be a part of
inside activities with the family.
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3. We have consulted our attorney on this matter for
`-' guidance. Some suggestions that he offered were concerning
the Black's Law Dictionary's definition for household pet.
!� The definition of household is "Household, adj . Belonging to
the house and family; domestic. " Also the definition for
domestic animals is "Domestic Animals. Such as are
n habituated to live in or about the habitations of men, or
L, such as contribute to the support of a family or the wealth
of the community. This term includes horses, (State v.
n Gould, 26 W.Va. 264; Osborn V. Lenox, 2 Allen
[Massachusetts] 207, ) . . . Also, a few years ago Patricia
Fairchild, a woman from Thousand Oaks California sued the
City of Thousand Oaks for not considering her miniature
F1 horse a household pet which would allow her to keep it on
L., her property. The Court ruled in her favor stating that a
miniature horse is, in fact, a household pet. We feel that
n it would therefore be reasonable to consider a miniature
horse as a household pet.
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n 4. In addition in the North Andover Zoning By-laws Section
Li 4. 121 Residence 1 District item 6.a. states that a permitted
use is "Agriculture, . . . " . In Massachusetts General Law 40A
F1 . 3 Note 73 Cities, Towns and Districts Zoning Paragraph 3
L, states: "For purposes of zoning ordinances permitting farms
and defining "farm" as tract of land devoted to agricultural
n purposes, including raising of domestic or other animals,
the word "domestic" as applied to animals means tamed,
Li associated with family life, accustomed to live in or near
habitations of men. Id. " It is also interesting to note in
rl Massachusetts General Law 40A . 6 Note 40 Cities, Towns and
Li Districts Zoning Paragraph 2 states: "Decree permitting
owner of land, which was still in a rural area, to keep on
n his premises one pony for his own use was affirmed since the
keeping of one pony would not be detrimental to public good
`-' or derogate from spirit of bvlaw which afforded no guide in
n the circumstances. Building Inspector of Holden v.
Johnstone ( 1970) 258 N.E. 2d 72, 357 Mass. 768. " The area in
which we live has several nearby farms, but is stilled zoned
R-1 , not rural . However it seems to us to be reasonable
that the keeping of a miniature horse would not be
detrimental to public good or derogate from the spirit of
the bylaw. Also in the same Note 40, Paragraph 1 states :
"Rulings as to whether stable used as shelter for two saddle
horses served a purpose customarily incidental to the use of
the principal building,, including swimming pools, tennis
courts and other recreational uses, and was customary and
j, incidental to the principal use., was supported by finding
Li that numerous horse stables were maintained by private
individuals in residential areas in the city. Sacco v.
r� Inspector of Bldgs. of Brockton. ( 1975) 327 N.E. 2d 924, 3
l� Mass. App. 749. " In Massachusetts General Law 40A . 3 Note
174 .5 Cities, Towns and Districts Zoning Paragraph 1 states :
"Property owners ' purchase and raising of horses, stabling
of horses, training of horses through operation of riding
school participation in horse shows was "agricultural use"
of property so as to exempt property from proscriptions of
r� town's zoning bylaw. " Steege v. Board of Appeals of Stow
L, (App. 1988) 527 N.E. 2d 1176, 26 Mass.App 401 . Refer to North
Andover Zoning By-laws Section 4. 121 .6.a. for relevance.
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I 4.12 Permitted Uses
4.121 Residence 1 District
Residence 2 District
Residence 3 District
1. One family dwelling, but not to exceed one dwelling on any
one lot.
2. Place of worship.
3 . Rooming house, renting rooms for dwelling purposes or
furnishing table board to not more than four (4) persons not
members of the family resident in a dwelling so used,
provided there be no display or advertising on such dwelling
or its lot other than a name place or sign not to exceed six
(6) inches by twenty-four (24) inches in size, and further
-� provided that no dwelling shall be erected or altered
primarily for such use.
4. For use of a dwelling in any residential district or
multi-family district for a home occupation, the following
C, conditions shall apply:
a. Not more than a total of three (3) people may be
employed in the home occupation, one of whom shall be
`� the owner of the home occupation and residing in said
dwelling;
b. The use is carried on strictly within the principal
J building;
C. There shall be no exterior alterations, accessory
buildings, or display which are not customary with
residential buildings;
d. Not more than twenty-five (25) percent of the existing
gross floor area of the dwelling unit so used, not to
exceed one thousand (1000) square feet, is devoted to
such use. In connection with such use, there is to be
C kept no stock in trade, commodities or products which
occupy space beyond these limits;
M e. There will be no display of goods . or wares visible from
the street;
L'-1 f. The building or premises occupied shall not be rendered
objectionable or detrimental to the residential
character of the neighborhood due to the exterior
,, appearance, emission of odor, gas, smoke, dust, noise,
disturbance, or in any other way become objectionable
or detrimental to any residential use within the
neighborhood;
C 15.
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g. Any such building shall include no features of design
not customary in buildings for residential use.
LJ 5. Real estate signs not to exceed twenty-four (24) inches by
thirty-six (36) inches . in size which shall advertise only
rl the rental, lease, or sale of the premises upon which they
L; are placed.
6. a. Agriculture, horticulture, floraculture, viviculture or
silvaculture, (1986/100) .
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b. On any lot of at least three (3) acres, the keeping of
n a total of not more than three (3) of any kind or
u assortment of animals or birds in addition to the
household pets of a family living on such lot, and for
n each additional acre of lot size to five (5) , the
LJkeeping of one additional animal or bird but not the
keeping of any animals, birds or pets of persons not
n resident on such lot.
Li C. On any lot of at least five (5) acres, the. keeping of
any number of animals or birds regardless of ownership
and the operation of equestrian riding academies,
L, stables, stud farms, and poultry batteries.
n d. The sale of products raised as a result of the above
uses on the subject land. (1986/100) .
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e. The sale of products of agriculture, horticulture,
n floraculture, viviculture or silvaculture as well as
L, accessory or customary items, by any person who is
primarily engaged in any of the above activities. The
n operation must be on at least ten (10) contiguous acres
used primarily for any of these activities. (1986/100) .
7 . Swimming pools in excess of two (2) feet deep shall be
n considered a structure andermit
p ted provided they are
u enclosed by a suitable wall or fence at least four (4) feet
in height to be determined by the Building Inspector to
n prevent the entrance of persons other than those residing at
the pool location. Pools shall have a minimum ten (10) foot
setback from side and rear lot lines and be located no
nearer the street than the building line of the dwelling,
except by Special Permit.
8 . Museums.
9 . a. Public and private non-profit educational facilities.
(1986/17) ,
b. Private for profit educational facilities by Special
Permit. (1986/17)
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Robert & Mary Tylicki
n Lot #19
150.00' 234 Bridges Lane
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