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HomeMy WebLinkAboutMiscellaneous - 32 BRIGHTWOOD AVENUE 4/30/2018 (3) -56 -. # o =IPO NOPM)UddV Wept] oalpmlrj o IA -�I„ %01+1A;l� 0 o LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Board of Ap- peals will hold a public hearing at the Senior F NORTH q Citizen's Center located at the rear of the o Town Building, 120 Main Street, North An- dover n dover on Tuesday the 11th day of April o p 1995, at 7:30 o'clock, to all parties interest- ed in the appeal of Flintlock Inc. requesting a variation of Section 7, Paragraph 7.1 and * ° m Table 2 of the Zoning By Law so as to per- mit: relief of 477 square feet of lot area in an SS HUS R4 zone that requires 12,500 square feet to cated at lot 1,38 Brightwood Ave. By Order of the Board of Appeals William J.Sullivan,Chairman TOWN OF NORTH ANDOVER North Andover Citizen 3/22 8 29/95 ' MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 11th day of April 1995 at 7:30 o'clock to all parties interested in the appeal of Flintock, Inc. requesting a variation of Section 7 Paragraph 7.1, and i Table 2 of the Zoning Bylaw so as to permit: relief of 477 square feet of lot area in an R4 zone that requires 12,500 square feet located at lot 1, 38 Brightwood Ave. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on 03/22/95 and 03/29/95. i i E I I UPC 10330 Nu '53L ZO v. i -�"�� ' ki M. � 3l" x TownJof Northlndove> V `°95 f NORTH y J, vb oOFFICE OF t COMMUNITY DEVELOPMENT AND SERVICES - A 146 Main Street KENNETH R-MAHONY North Andover, Massachusetts 01845 9SS a�Hustt Director (508) 688-9533 Flintlock, Inc. * DECISION P.O. Box 53 * Petition#095 North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, April 11, 1995 and continued the hearing until May 16, 1995 upon the application of Flintlock, Inc. requesting a variation of Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw to permit relief of 477 square feet of lot area where 12,500 square feet is required on the premises located at lot 1, 38 Brightwood Ave., Zoning District R-4. The following members were present and voting: Walter Soule, William Sullivan, Raymond Vivenzio, Associate members: Joseph Faris and Scott Karpinski. Regular member John Pallone abstained from voting. The hearing was advertised in the North Andover Citizen on 3.22.95 and 3.29.95 and all abutters were notified by regular mail. Raymond Vivenzio motioned to grant the variance as requested with the conditions that the house constructed lot 2 remain as a single family residence and also that on lot 1 only a single family dwelling may be constructed; in addition the garage on lot 2 must be removed within 90 days. Walter Soule seconded the motion, however, the motion failed therefore the variance was DENIED. Voting in favor: William Sullivan, Raymond Vivenzio and Walter Soule. Voting against- Scott Karpinski and Joseph Faris. Dated this 23rd day of May, 1995. BOARD OF APPEALS, Will S i livan, Chai Walter Soule Raymond Vivenzio Scott Karpinski Joseph Faris BOARD OF APPEALS. 688-9541 BiJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nic ettaa Michael Howard Sandra Starr Kathleen Bradley Colwell 1 , F-C, it JO'(CE. ERAG 1AW •�: ter• ;. TOWN CLt;:K . s.. iaas ;�r• KORTIi ANDOVER Anv appeal shall be filed ';t9-A.,_ within (20) days after the ►.;;; dace of filing of this L ' vot;ce in the Of:ice TOWN OF NORTH ANDOVER MASSACHUSETTS of the TowCler n BOARD OF APPEALS NOTICE OF DECISION Date 5-23-95 Petition No . Date of Hearing.April 11, 1995 May 16, 1995 Petit on Of F1 intlnc-k, Tn(- - Premises a--ecte d Lot 1, 38 Brightwood Ave Re-ferring to the above petition for a variation from the requireme O� Section 7 para 7 1 and table 2 of the Zon nq Bylaw sn as to permit relief of 477 square feet of lot area where 12.500 square feet is ren„ired, on the proposed new lot located at 38 Brightwood Ave. Alter a public hearing. given on the above date , the Board of Appea vcted to Deny the Variance X ?fX� X�XXX��XXXXR�X���X'X�X���:XXXX�XXXX�X��� XXXXX���X �XXXXXZ Request was denied because the motion failed: 3 members approved, 2 denied i Board of Appeals, Wi lam` 1 v n, al Raymond Vivenzio, Clerk Walter Soule Scott Karpinski Joseph Faris A' D 'O THE E T IO 0 0: F 4 Y1 � +. v, �'^i 5 -4 ..i;;e, S •l"- ' A��k'��rr+rr 'k � 3�'d ,� ,'A � '� ,d C.. . . . " , � �';.yt ...__f4 '�-..., „ � } � ,• � #� ASL � At the May 16, 1995 hearing the Board of Appeals eni the ed anances byhntlock, Inc. which would of allowed Flintlocks' client to.chvide her lean into tw ots The vote taken on E May 16, 1995 was a 3-2 denial of the requested variance with Mr,. mala and Mr Fans voting _,r }�� � ;,:.. against the relief requested. It has come to the Board's attentton that the vote was unproper because Mr. Karpinski and Mr. Sullivan voted on the continued hearing but were not present for ,,., the opening of the hearing on April 11, 1995. According to,the Handb000f Massachusetts Land .�: � Use and Planning Law, Section 7.5.5.3 "The members constituting the quorum must be present at each session of the public hearing if the board is to render a proper decision.When a municipal administrative board is acting in a judicial or quasi[-]judicial capacity,".all [members of the board] who are to join in the decision must have attended the hearing. The individual voting members must be present at each session of a continued hearing; absence at any of the continued sessions disqualifies that member." According to the law the vote was improper and the applicant has requested in writing that the Board reconsider his request for the variances. Dated June 1, 1995. 7illia d o eals, m Sullivan, Chairman t - 33 1 L s 3 icn 4 LAW OFFICE OF PETER G. SHAHEEN CHESTNUT GREEN 565 TURNPIKE STREET,SUITE 81 PETER G.SHAHEENNORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 508 MEGAN J.TAYLOR 689-0800 *ADMITTED IN MA s NH FAX 508 794-0890 May 25, 1995 Q William Sullivan, Chairman �Y 3 .0 �qq5 North Andover Zoning Board of Appeals Town Hall Annex 146 Main Street BOARD OF APPEALS North Andover, MA 01845 Re: 38 Brightwood Ave. Dear Mr. Sullivan: As you know I represent Mary Sachuk, the owner of 38 Brightwood Avenue. At the May 16th Zoning Board Meeting the Board voted down the variances requested by Flintlock, Inc. which would have allowed my client to split her land into two lots. This hearing was a continuation of the April 11th meeting. The vote taken on May 16th was 3-2 in favor of the variances with Mr. Karpinski and Mr. Farris voting against the relief requested. Mr. Karpinski did not attend the April 11th meeting and therefore should not have voted on these variances. It is our position that the vote taken on May 16th is illegal and therefore unenforceable. We would like you to bring this to the attention of your board and ask them to reconsider our requests for variances. I look forward to your reply to this request. I erel ,Gt,r G. Shaheen, Esq. cc. Mary Sachuk LAW OFFICE OF -6.P 4 'MAY25Egy �� ° - ...,,M,•�+,�c : .` „- CHESTNUT GREEN 565 TURNPIKE STREET,SUITE 81 25, AY q ! NORTH ANDOVER, MASSACHUSETTS 01845 ,4/, 5 ,y 1x287 William Sullivan, Chairman North Andover Zoning Board of Appeals Town Hall Annex 146 Main Street North Andover, MA 01845 I#1!,!!1:!-I .;#�rl�#ll�i;41l1;�lf"i;loll ifl£ili-lltdfl i?�#!:l£! 618 L16 BOARD OF APPEALS b lS yS iLu�7itRMM�(� .QJ ta�m� �o' C, • m�cL ��zaence�.cdI��o-fi a.�G� to dc�rwrw �o ��62edd��yr,� .gbBa,r�2J ick/ .CBryr OF NORTH O 4 * fI- y 9 P``t �9SSACFHUSEt 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Ale- Date: File Number: C/`CJ Dear Applicant: Please submit the following fee for the postage of your public notice and decisions. Kindly submit $ / � J 3 Your check must be made payable to the T6wn of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, MA 01845. Sincerely, Board of Appeals ilk Julie A. Parrino 1 "c/15— 0(6 P MARIE '-'95 BOARD OF APPEALS 8OAWM A, Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant F1 int lnrk Inn- Address P.O. Box 53 North Andover, MA Tel. No. 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.1 and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for dision made by the Building Inspector or other authoriy. 2 . a) Premises affected are land x and buildingxs) x numbered Lot 1 38 Bri htwood Avenue b) Premises affected are property with frontage on the North ( ) South ( ) East (x ) West ( ) side of Brightwood Avenue X'ME6@t. g and known as Mm Lot 1, 38 Briahtwood Avenue C) Premises affected are in Zoning District I! and the premises affected have an area of 12,023 square feet and frontage of 147.54 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Date of Purchase Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises: Other x Prospective Purchaser Lessee for Variance/Special Permit 2 . Letter of authorization required. ��� �� 0 �� r y� 4 . Size of proposed building: 60' front; 30 feet deep; Height 2 stories; 30 feet. a) Approximate date of erection: June 1, 1995 b) Occupancy or use of each floor: residential C) Type of construction: wood 5 . Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition a variance of 4_77 s.f. The required area in this zone is 12,500 s.f. The proposed lot will have 12,023 s.f. 7 . Deed recorded in the Registry of Deeds in Book 792 Page 45 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) The re ested relief would create a lot with only477 s.f. less than the reauired area The new lot would be similar in size to the adloining lots and the grant of this variance would not be detrimental to neighborhood nor deto ate from the spirit of the zoning by-laws. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* /.�l�Cli•,.:�� ,moi igna re of Pe -tioner(s) 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 of 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. a � Flintlock, Inc. Lot 1, 38 Brightwood Avenue Lot 2, 38 Brightwood Avenue LOT 1 Required Setback Existing Setback Variance Requested AREA 12,500 s.f. 12,023 s.f. 477 s.f. LOT 2 Required Setback Existing Setback Variance Requested REAR 30 ft. 15.3 ft. 14.7 ft. FRONT 30 ft. 17.9 ft. 12.1 ft. i I I LETTER OF AUTHORIZATION I, Mary Sachuk hereby authorize David Kindred of Flintlock, Inc. to appear on my behalf at the zoning board of appeals meeting now scheduled for M=a644, 1995. c ate° Lary Sachuk 1��5' 0 e N7BA. Premises to be affected: LIST OF PARTIES OF INTEREST SUBJECT PROPERTY; MAP PARCEL LOT NAME —_ ADDRESS a-7JabW # �1��.ri �� �Ykti ►w 3R Irl - vim, r ABUTTERS MAP PARCEL LOT NAME ADDRESS U C Y V e °✓ ( lUv 1. of 54C?h711 l E. 1 r 1 I(,mk�zU 30 S. daCOW-41 ►b f„`e 4- CIvo (01 3 in n���A + )'l�-�1�'L�11i�----.111 f--���1-► 5-tre�fi- ✓ �' -US U S qq i— — —u -- r _4, Y• - 14 u (43 �i I Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Address P.O. Box 53 North Andover, MA Applicant Tel. No. 1 . Application is hereby made: a) For a variance from d Table it 2 ents of Section_ of the Zoning By Paragraph______— a b For a special Permit under Section _ Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. — and building (s) x 2 . a) Premises affected are land x �. numbered Lot 1 38 Bri htwood Avenue b) Premises affected are property with frontage on the North ( ) South ( ) East (x ) West ( ) side of ________- Brightwood Avenuex1mqw6t. Lot 1 38 Bri htwood Avenue get, and known as �. C) Premises affected are in Zoning District R-4 , and the premises affected have an area of 12,023 _ square feet and frontage of 147.54 feet. 3 , Ownership: wner (if joint ownership, give all a) Name and address of o names) : Previous Owner Date of Purchase b 1 . If applicant is not owner, check his/her interest in the premises: Lessee Other x Prospective Purchaser for Variance/Special Permit 2 , Letter of authorization required. �r 4 . Size of proposed building: 60' front; ___30feet deep; Height 2 stories; 30_ feet. _— a Approximate date of erection: June 1, 1995 b) Occupancy or use of each floor: wood ential C) Type of construction: 5. Has there been a previous appeal , under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition a variance of 477 s.f. The required area in this zone is 12 500 s.f. The ro sed lot will have 12,023 s.f. 792 Page 45 7 . Deed recorded in the Registry of DBoe k in B000k k Page - Land Court Certificate No. The principal points upon which I base my application are as follows: (must be stated in detail) the The re ested relief would create soimilarhinnly size7tosthe adsoininn lots and re ired area. The new lot would be the grant of this variance would not be detrimental to nei hborhood nor def o ate from the sIirit of the zoning by-laws. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* igna ure of Pe itioner(s) orm application for action by the Board shall furnished bythe approved by the Board. These forms sh Every pp all ur orting to be an Clerk upon request. Any communication p P ll be treated as mere notice of intention lioaseek application shaas it is tion relief until such time calledfor the tform fshall lbeppfurnished form. All information prescribed. by the applicant in the manner therein be submitted with a list of "Parties abutters, application shall petitioner, Interest" which list shall include theor private street owners of land directly opposite on any public or way, and abutters to the abutters within three hundred feet (300 ' ) 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 la oand the Planning Board of Planning Board of the city or town, every abutting city or town. *Every application shall be submitted withan application charge cost in the amount of $2 naons involved in bringing the shall be responsible for any and all cos petition before the Board. Such costs shall include mailing an publication, but are not necessarily limited to these. i ' Y Flintlock, Inc. Lot 1 38 Brightwood Avenue Lot 2 38 Brightwood Avenue LOT 1 Required Setback Existing Setback Variance Requested AREA 12,500 s.f. 12,023 s.f. 477 s.f. LOT 2 Required Setback Existing Setback Variance Requested REAR 30 ft. 15.3 ft. 14.7 ft. FRONT 30 ft. 17.9 ft. 12.1 ft. 'i i Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHRSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING OR AddressP.o. Box 53 North Andover, MA Applicant Eli Tel. No. 1 . Application is hereby made: of Section 7 a) For a variance from the requirements the Zoning BY Paragraph 7.1 _ and Table b) For a special Permit under Section_______ Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. x and building(s) x 2 . a) Premises affected are land �. numbered Lot 1 38 Bri htwood Avenue b) Premises affected are property with frontage on the South ( ) East side of t (x ) West ( ) North ( ) xmwwt. Brightwood Avenue g and known as Lot 1 38 Bri htwood Avenue C) Premises affected are in Zoning District R-4 , and the premises affected have an area of 12,023_ square feet and frontage of 14__ feet. 3 . ownership: a) Name and address of owner (if joint ownership, give all names) : DatePurchase of P Previous Owner b 1. If applicant is not owner, check his/her interest in the premises: Lessee Other x Prospective Purchaser ecial Permit 2 . Letter of authorization for Variance/Sp required. t �\-k i 4 , size of proposed building: 60' f ront; 30 feet deep; 2 stories; _30_ feet. Height a Approximate date of erection: June 1, 1995 b) Occupancy or use of each floor: wood ential C) Type of construction: 5 . Has there been a previous appeal , under zoning, . on these premises? no If so, when? 6 . Description of relief sought on this petition a variance of 477 s.f. The re fired area in this zone is 12 500 s.f. The rosed lot will have 12,023 s.f. 792 Page '7 . Deed recorded in the Registry of DBdoein Book P45 age - Land Court Certificate No. The principal points upon which I base my application are as follows: (must be stated in detail) The reauested relief would Would be s�imilarhinnsizely 7tosthe adsoininn lots and re fired area. The new lot of this variance would not be detrimental to nei hborhood nor the rant d�.o ate from the s irit of the zonin by-1 aws. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* igna ure of Pe itioner(s Every application for action by the Board shall be made on a form approved by the Board. These forms shall bort ng furnished to be tan Clerk upon request. Any communication p P application shall be treated as mere notice of intention to seek relief until such time as it calledlformade by the the formfshalllbepplication urnished form. All information prescribed. by the applicant in the manner therein p Every application shall be submitted with a list of "Parties a of Interest" which list shall include the petitioner, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three re hundred feet of the property line of the p y r on (300 ' ) notwithstanding that the the most recent applicable tax list, the land of any suchowner he city loor ted n ano and tthe Planning tBoard of Planning Board of every abutting city or town. harge *Every application shall be submitted with athe pPPetitioneration eshall cost in the amount of $25 . 00. In addition, 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. i w Flintlock, Inc. Lot 1, 38 Brightwood Avenue Lot 2 38 Brightwood Avenue LOT 1 Required Setback Existing Setback Variance Requested AREA 12,500 s.f. 12,023 s.f. 477 s.f. LOT 2 Required Setback Existing Setback Variance Requested REAR 30 ft. 15.3 ft. 14.7 ft. FRONT 30 ft. 17.9 ft. 12.1 ft.