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Home My WebLink AboutMiscellaneous - 334 CLARK STREET 4/30/2018 (2)0 �f 64 14 r Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Of NORTI� ,� .• �; . o January 9, 1987 Notice is hereby given that ►°- p the Board of Appeals will give x a hearing at the Town Building, North Andover,, on Tuesday evening the 10 day of 1ss�cuu's� February, 1987_ at 7:30 o'clock, to all parties in- terested in the appeal of Leon S. Belinsky requesting a variation of Sec: 7, Para. 7.3 & Table.2 of the Zoning By Law so as to permit relief of side yard setbacks, 15' NE side and 12' SE side on the premises located at 334 Clark St.. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen January .15 and 22, 1987 172 . y Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE January 9, 1987 Notice is hereby given that F° o the Board of Appeals will give _ * a hearing at the Town Building, North Andover, on Tuesday evening the 10 day of SSACH February, 1987, at 7:3C o'clock, to all parties in- terested in the appeal of Leon S. Belinsky requesting a variation of Sec. 7, Para. 7.3 & Table 2 of the Zoning % Law so as to permit relief of side yard setbacks, 15' NE side and 12' SE side on the premises located at 334 Clark St.. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen January 15 and 22, 1987 172 Lawrence. No injuries. Friday, January 9, 5:10 a.m. Two car, Chadwick and High Sts. Cheryl Williams, 22, 17 Fair- way Dr., Derry, NH, and John For- sythe, 40, Bethany Hills Rd., Bethany, Ont., Canada. Injured in th; ' accident _t. Continued on next page; % a. io? `APRILM ��oRraLlrco .�� Vii: isas ;pp��• �►�ACNu9Q'a4~ TOWN OF NORTH ANDOVER .MASSACHUSETTS BOARD OF APPEALS NOTICE Janua.ry..9 ...... 19.8 7 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on .. Tue s day. . . evening ...... the .10. day of February ........... 19. - 8 7 at .7 : Mclock, to all parties interested in the appeal of ..Leon . S.... Be Iinsky......................... . requesting a variation of Sec. 7., . Para.... 7-3. . of the Zoning & Table 2 By Law so as to permit .................................... relief -of. side. yard . setbacks.,. 1.5'.. NE. side and 12.1..SE* si*de.,..................................... ...................................................... on the premises, located at .....334. C1ark..S t ........... ..................................................... By Order of the Board of Apptals Frank Serio, Jr., Chairman Publish�in N. A. Citizen January 15 & 22, 1987 AL Petition of: Leon S. Belinsky 334 Clark Street TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS fork, o --- tile ,Tov✓n Petition # 42 - 87 DECISION The Board of Appeals held a public hearing on March 10, 1987 upon the application of Leon S. Belinsky requesting a variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLaw so as to permit relief of side set- backs, 15' NE side and 12' SE side on the premises located at 334 Clark Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and all abutters were notified by regular mail. The petitioner desires to construct an addition to a warehouse on the premises, however, due to the shape of the lot, an odd shaped building would be required if the setback was maintained. Attempts by the petitioner to purchase additional land were unsuccessful. Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the variance as requested. The Board finds that due to the shape of the lot in question that a substantial hardship exists and that granting the variance will not adversely affect the neighborhood nor derogate from the intent and purpose of the Zoning ByLaw. Dated this 19th day of March BOARD OF APPEALS j Frank Serio, JI-. ` Chairman /awt ti. j *10 '•r ad �~� f 1�� F• A►Ril� •A f��!••e ibbS l• (. � � by CI.0 ,AR ••••�' in Abe 0 ►ice o► the .Town TOWN OF NORTH ANDOVER Clerk. _ --- - MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Leon S. Belinsky 334 Clark StreetMarch Date ............................ 11, 1987 North Andover, MA 01845 Petition No.... 87-42 ...... . _ ... . Date of Hearing. March 10, 1987 Petition of .........Leon .S. Belinsky........................................... Premises affected .... 334. Clark. St.............. ............................ .......... Referring to the above petition for a variation from the requirements of the .Section ,7,, ,Paragraph 7.3 and. Table.. 2. of. ,the, Zoning. ByLaws ..................................................... ..................................... so as to permit ...relief of. side. yard. se.tbacks,. J5'. NE. side .and. J2'..SE, side ....... on. the .premises .locate.d :at. 33.4. Clark. S.t.............................................. After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the variance . as. requested .............. and hereby authorize the Building Inspector to issue a permit to ....construction .of. one-story. addition .to .match -existing .building ....... for the construction of the above work, based upon the following conditions: VOTE WAS UNANIMOUS Signed Frank Serio, .Jr., Chairman ................................ :.......... . Alfred. Frizelle,. Vice-chairman William Sullivan ......................................... ...... Walter. Soule .................... Raymond Vi Yenzio.........:.... Board of Appeals Ot 1=1CkS OI=: 4cicit APPEALS BUILL)ING CC)NNSERVATION H6AL CH PLANNING k March 11, 1987 Petition 187-42 Leon S. .Belinsky 334 Clark St. The Board of Appeals held a public hearing on March 10, 1987 upon the application of Leon S. Belinsky requesting a variance fro the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLawl so as to permit relief of side setbacks, 15' NE side and 12' SE side on the premises located at 334 Clark Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the variance as requested. The Board finds that due to the shape of the lot in question that a a�p exists and that granting the vari ance will not adversely affect the neighl orhood*or i the intent and purposes of the Zoning B;Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman /a t 11""� T W11 f RT AN OV Ancfcwer,rachusc lts O I$4,>DI ISIO OF 685 4775 1(6 ING M U IT V L M KA N H.P. LSON, IRECTOR k March 11, 1987 Petition 187-42 Leon S. .Belinsky 334 Clark St. The Board of Appeals held a public hearing on March 10, 1987 upon the application of Leon S. Belinsky requesting a variance fro the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning ByLawl so as to permit relief of side setbacks, 15' NE side and 12' SE side on the premises located at 334 Clark Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on January 15 and January 22, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the variance as requested. The Board finds that due to the shape of the lot in question that a a�p exists and that granting the vari ance will not adversely affect the neighl orhood*or i the intent and purposes of the Zoning B;Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman /a t 11""� A tL7 CH TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Leon -S. Belinsky 33.4 Clark Street Date ... March ..1.1.,..1987 .......... North Andover, MA 01845 Petition No.. ...8.7.-42 ............. Date of Hearing. )March 10, 1987 ............... Petition of ......... .............. ..... ..................................... Premises affected .... 3.3.4. Clark. St. ............... ........................................ Referring to the above petition for a variation from the requirements of the spq t ion. .7., . Paragraph 7.3 and: .Table.-2.of, .the. Zoning. DyjAwq ....................................................... so as to permit ... relief. of . side. yard. side.aud. side ....... on. the .premises Jocat.e.d.at. 33A.Clark. S.t .............................................. After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the variance . as. r.equestecl ...... ......... and hereby authorize the Building Inspector to issue a permit to .... cons truct.ion. of. one -story - addition .to .match .existing .building ....... for the construction of the above work, based upon the following conditions: VOTE WAS UNANIMOUS Signed Frank Serio, Jr., Chairman ............................................ Alfred Frizelle, Vice-chairman ........................................... ......... William. Sullivan ................ Walter s6qLae .............. Board of Appeals 1 OF '10Nis,, OFFICES OF:r °°� Town Of 120 Main Street APPEALS ;• NORTH ANDOVER North Andover, Massachusetts O 1845 BUILDING CONSERVATION "est, DIVISION OF (617) 685.4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Building Inspector KAREN H.P. NELSON, DIRECTOR June 29 1987 re= 334 Clark Street Proposed addition In a letter dated June 4 1987 I was apparently in error when I stated that the Town sewerage is unavaible at this site. Mr. Belinsky has informed me he intends to connect to Town sewerage if he enlarges the building at this site, which would make Board of Health approval unnecessary. Sincerely cc= Appeals Bd., Cons. Com., Planning Board Town Manager, Selectman Leon Belinsky 19 Burning Bush Drive. Boxford, Mass. mg/gc c� Mowrh Rece-ived by Town Clerk ; �� *•• _ � + •'�.. - •. tit Dater~� _ P,EC=11'F-F-'.� TOWN OF NORTH ANDOVER, MASSACHUSETTS + BOARD- OF APPEALS ;7'°•; o'�' T i �1 e ,�,...:.. , z oy:.3 f� ;_ `_ iii N Jf4cH��at<� f,r fc Noti This application must be typewritten APPirvCklTI� 1 R RELIEF FROM THE REQUIREME'NTS•OF THE ZONING ORDINANCE Appl i cant Address Leon S_ BelinSky 334 Clark.,.,S.treet 1. Application is hereby made (c) For a variance from the requir'ement's of Section 7 Paragraph 7.3 and Table 2 of the Zoning By -Laws. For 'a Special Permit under Section NA Paragraph NA of the Zoning By -Laws. As a party aggrieved, fo'r review of a decision made by the Building Inspector or other authority. Premises affected a.re land X and building;;s) X numbered 334 Clark Street. Street. Premises affected a.re property with frontage on the North ( ) South ( ) East ( ).. West ( X ) side of Clark Street, and known as No. 334 Clark Street. Premises affected are in Zoning DistrictI2 and the premises affected have an area o.f 94,960 square feet and frontage of 205.44 feet. 3. Ownership (a) 11ame and address of owner (if joint ownership, give all names): Leon S. Belinsky, 19 Burning Bush Drive, Boxford, MA 01921 Date of purchase 12/16/85 Previous•_,Owne'r.. Technical Equities Inc C/o William T. Brown (b) If applicant is not owner, check his interest in the premises: NA Prospective Purchaser NA Lesee Nom_ 3ther (explain) 4. Size of proposed building: 60, front; 367.51 feet deep; Height: 2 stories; 22 + feet. (Orbe story part to match exis, bldg. (a) Approximate date of erection: Spring/Summer 1987 b) Occupancy or use of each floor: Warehousincr; wholesaling Light Manufacturing and Employment TrainirQ-. (c) Type of construction: Concrete. MasonLy.Ste&l and Wood 5.;Size of existing building: 60feet front; 60 feet deep; Height: one stories; 12 + feet. (a) Approximate date of erection: 1970- (b) Occupancy or use of each floor: Wholesale Storage and office (c) Type of construction: Concrete, -masonry, steel and wood 6. Has there been a previous appeal, under zoning,'on these premises? No If so, when? NA T. Description of relief sought on this petition Side yard variances 15 ft. N.W. side yard and. 12 ft. S.E.. side yard .., 8. Deed recorded in the Registry of Deeds in Book 976 Page 198 or Land Court Certificate No. NA Book NA "age NA The principal points upon which I base my applic tion are as follows: (Must be stated i.rr, dsetai 1 ) Tie parcel of land contains 94,960 S.F. of land within a long narrow perimeter property line which is bounded by an irregular stone wall on the N.W. side line and a parcel squeezing curved --property line on the S.E. side line. The parcel is unique in its configuration and creates a land use substantial.,hardship, both financial or otherwise to the land and to the,applicant. I agreq, o ay for advertisy}ig i n .r(4ws pa per and incidental expenses* Petitioner's Signature Sec. 1 APPLICATION FORM Every application for action by the Board sh.il be made on a form approved by th2' Board. -These 'forms shall be fur,i; shed by -the clerk upon request. Any communication,purporting to be an application shall be treated as mere nbtice o'f 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 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 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 to.1n. * Every application shall be submitted with an ap,,lication charge cost --- in the amount of $25.00. In addition, the peti ioner shall be respon- sible for any and all costs involved in bringin the petition before the Board. Such costs shall include mailing an- publication, but are not necessarily limited'to these'. LIST OF PARTIES IN INTEREjT !Jame See attached list of abutters Add-ess (Use additional sheets i'f necessa,•y.) PETER SAMARIS, A.I.A. Registered Architect 40 Rogers Road , Haverhill, MA 01830 r� J PETER SAMARIS, A.I.A. Registered Architect 40 Rogers Road Haverhill, MA 01830 January 7, 1987 List of Abutter's to -Marco -Rubber. John J. & Prances D.- Sullivan 28 Sagamore Drive Andover, MA 01810 LMT Realty Trust J.R.& W.P. Thompson Jr. 24 Smith Avenue Reading, MA 01867 Joseph Miele 87 Greenwood Road Andover, MA 01810 Lawrence City Clerk 200 Common Street Lawrence, MA 01840 Commonwealth of Massachusetts State House nor? I•oii , MA 021.1.4 S: R. S. No. Andover .Resco Old Clark & Hold Road No. Andover, MA 01845 617-685-0756 � R ^ OF NORiH1 kl Town of OFFICES OF: o °� APPEALS r' NORTH ANDOVER Ip BUILDING CONSERVATION @"CNpS� DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR February 10, 1987 Mr. Frank Serio, Jr. Board of Appeals Town Hall North Andover, MA 01845 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 On behalf of the Planning Board., the Planning Board Chairman and I would like to make the following brief comments regarding your hearings scheduled for February 10, 1987. 4elinsky/Clark St. The variance request for this building is not supported by any rationale as to why they need the setback variance. Nor have they stated that they have exhausted all efforts to purchase abutting property to comply with the zoning bylaw requirements. They are in excess of frontage and land area which seems reasonable for constructing and industrial building to conform to Table 2 of the bylaw. North Andover Associates It is apparent from the filing of the application that the applicant has created their own hardship during their process of land planning when Approval Not Required Plans were developed from the three (3) frontage lots. Again I will reiterate that the applicant should exhaust all efforts in acquiring additional frontage and land to make the parcel in question conform to the existing zoning. The burden of identifying the hardship must be clearly documented by the applicant and it is not the responsiblity of the Board of Appeals or any other board to determine what the hardship in fact is. In addition, the applicant must request a variance under Section 7.4.1 Lot Width as well. Strong/Barrett The request of a variance from Section 4.122,14(b) is to allow stairways leading to the second floor not be enclosed. Since we do not allow use variances, but dimensional variances only, I do not see how a vaiance could be issued from this section. It is not a dimensional requirement, but a building requirement. This application appears to be improperly before the Board of Appeals. Regards, Karen H.P. Nelson, Director of Planning and Comm. Dev. Erich Nitzsche Chairman, Planning Board J PETER SAMIRIS, A.I.A. Registered Architect 40 Rogers Road Haverhill, MA 01830 February 13, 1987 Mr. Frank Serio, Jr. - Chairman Zoning Board of Appeals Town of North Andover, MA 01845 RE: Side Yard Variances Leon S. Belinsky, Petition 334 Clark Street Heard 2-10-87 by Z.B. Dear Mr. Serio: A Planning Board letter was read at the above hearing I suggesting that Mr. Belinsky should attempt to purchase enough property from the immediate abutter, Miele Realty Trust, which would allow the site and project to be con- forming in all respects. Mr. Samaris informed the Board that Mr. Belinski did, in fact, attempt just such a purchase during the early planning stages and his offer was not even considered by Miele Realty Trust. The Trust has no interest in selling as they need the land for their future planning. The petitioner is only asking for relief from side yard restrictions. We are prepared to comply fully with all remaining zoning regulations as defined in the Town of North Andover Zoning Code. The abutters are not opposing 617-685-0756 PETER SAMARIS, A.I.A. Registered Architect 40 Rogers Road Haverhill, MA 01830 our proposed efforts and we feel that the fimished project will enhance the area and benefit the Town of North Andover. Thank you for listening to me. cc: Leon S. Belinsky - Marco Rubber Sincerely, Peter Samar s 617-685-0756 February 5. 1987 Miele Realty Trust 314 Clark Street- P.O. Box 159 North Andover, MA 01845 Kathleen B. Miele Trustee Chairman Frank Serio, Jr. Zoning Board of Appeals Town of North Andover 01845 Project: Leon S. Belinsky Marco Industries 334 Clark Street North Andover, MA 01845 Dear Mr. Serio; Miele Reality Trust has no objection to the granting of the side yard variances requested by Leon S: Belinsky of Marco Industries, providing about 160' of chain link fence is installed on the western end of the south property line to control access to my property. Sincerely ;��athleen B. Miele Trustee 4 'AOR CHUS it TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: '/-16-9-7 Dear. Applicant: Enclosed is a copy of the legal.notice for your application before the Board of Appeals. Kindly' submit $ 3. .Z for the following: Filing Fee $ 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. Sin6e'rely, BOARD OF APPEALS, Audrey W..Taylor, Clerk