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Home My WebLink AboutMiscellaneous - 364 MAIN STREET 4/30/20183 b H �CA, h I'S tcecl� CA) a, Ir 3 s S STCC�� No. 7521/3 O O O MADE IN U.S.A. .14 i%AvRILi-' 1 t•. 1555 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -NT f1TT/"1LU la.y..1.9...... ..19..81 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Mo n d ay . ... v e n. i. ng ...... the . 8.t it day of .......Jun e 19. . g 1, at. .7. : c?' Hock, to all parties interested in the appeal of ...Davi d. E Deve.ndo.rf................ . requesting a variation of Sec.. 4...12 2.. P a. r. .1. 4 an.d.a..Spe.cia.l. P.erm.i.t..under Sect.i.on. A..1.22..Par.... 14 sQ a5..to..pe.r1ni.t.che c.o.n ve.r. s i.on..p f..a . s.i,n g.l.e ..fami.1 y..gwe.l. l i n g..to a..fou.r f.a«i l.y..dwel l i n9 ......................... ........................... on the premises, located at.... 3.6.4 . ria. i n. S t r.e et . ..................................................... By Order of the Board of Appeals Frani, Serio, Jr. , Chai rman Publish: N.A. Citizen: May 21 and 28, 1981 Send gill to: David E. Devendorf 364 Main St. No. Andover, Mass. 01845 OA -1 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BO,&RD OPA APPEALS NOTICE May 19, 1981 Notice is hereby given that the Board of Appeals will i give a hearing at the Town' Building, North Andover, on Monday evening the 8th day of June, 1981, at 7:30 p.m.. o'clock, to all parties in- terested in the appeal of. David E. Devendorf re- questing a variation of Sec. 4.122 Par. 14b and a Special Permit under Section 4.122 Par. 14 of the Zoning By Law so as to permit the con- version of a single family dwelling into a four family dwelling on the premises, located at 364 Main Street. By Order of the Board of Appeals. Frank Serio, Jr. Chairman Publish N.A. Citizen: May 21 and 28, 1981 L34 Jznt, BOARD OF APPEALS NOTICE OF DECISION Date ...... �.un e 19.,...1.9 8.1 ..... Petition No ....... 1V-...81 ...... Date of Hearing ... June . 8 ,..OU Petition of .............D a.0. d. .E , ..D eve n d o, r f.......................................... Premises affected .......3 6.4.. M aJ. n. S t r.e e t .............................................. Referring to the above petition for a variation from the requirements of the .. Z o n i ,n g . B.y -.L a w Se.cti.on..4..1.22..Pa.r.agr.aph..14.b. a.nd..a. S.pec.i.al. Pe.r.mi.t, u.nde.r. S.e.0 .J.on..4,.122 ... Para.gra.ph..14..so..as..to..penmi t..th.e. c.onv.ers.i.gn..of..a..s.in.g1e family d.we.l_1 i n.g ..i.n to.. a..fou.r...fami.l.y..dwe.l l .i.n g ................................ After a public hearing given on the above date, the Board of Appeals voted to .. D.E.N Y..... the • permit. Signed Frank Seri o, .Jr. , .Chairman Alfred E. Fri zel le, Esq. Vice -Chaff rman ... RJch.ard..J...Trepa.ni e.r, C1e.rk. Aggu.sti.ne, W, Ni c.kers.on....... Maur.i. ce..5... _ Po.ul ds Board of Appeals .�1 �a�T { .j3. ��►o yl>to �� o�� f 0 APaI4711 � X I 47 `A }}CHU5,,ia c �J .^ �E.1''� •{rel •►►rvy� ,��\�\` o TOWN OF NORTH ANDOVER MASSACHUSETTS sem• ��=�� n. BOARD OF APPEALS NOTICE OF DECISION Date ...... �.un e 19.,...1.9 8.1 ..... Petition No ....... 1V-...81 ...... Date of Hearing ... June . 8 ,..OU Petition of .............D a.0. d. .E , ..D eve n d o, r f.......................................... Premises affected .......3 6.4.. M aJ. n. S t r.e e t .............................................. Referring to the above petition for a variation from the requirements of the .. Z o n i ,n g . B.y -.L a w Se.cti.on..4..1.22..Pa.r.agr.aph..14.b. a.nd..a. S.pec.i.al. Pe.r.mi.t, u.nde.r. S.e.0 .J.on..4,.122 ... Para.gra.ph..14..so..as..to..penmi t..th.e. c.onv.ers.i.gn..of..a..s.in.g1e family d.we.l_1 i n.g ..i.n to.. a..fou.r...fami.l.y..dwe.l l .i.n g ................................ After a public hearing given on the above date, the Board of Appeals voted to .. D.E.N Y..... the • permit. Signed Frank Seri o, .Jr. , .Chairman Alfred E. Fri zel le, Esq. Vice -Chaff rman ... RJch.ard..J...Trepa.ni e.r, C1e.rk. Aggu.sti.ne, W, Ni c.kers.on....... Maur.i. ce..5... _ Po.ul ds Board of Appeals ,ipllTM Of<t`jO '•�ti0 �q�,t: �"i TJ t•ti h 9 ,{ /C # ' 3 r SA US TOWN OF NORTH ANDOVER C MASSACHUSETTS v� t ✓ BOARD OF APPEALS eon � u t•a .� June 19, 19.81 David E. Devendorf 364 Main Street Petition No. 18 - '81 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, June 8, 1981 upon the application of David E. Devendorf. The hearing was duly advertised in the North Andover Citizen on May 21 and 28 and all abutters were notified by regular mail. The following Board members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; Augustine W. Nickerson; and Maurice S. Foulds. The petitioner seeks a variance from the provisions of Section 4.122, Par. 14b and a Special Permit under Section 4.122. Par. 14 of the Zoning By Law to enable the conversion of an existing single family dwelling into a four family dwelling on the premises located at 364 Main Street. The petitioner introduced evidence showing that the conversion is necessary to economically use the property. The dwelling needs repair and lacks insullation, and the cost of the work would be off -set by the increased income from the new units. A variance is requested to enable exterior changes to be made to the dwelling to comply with egress requirements from the proposed units. Several abutters voiced objection to the proposal and a petition against the change with some 30 odd names w.as presented to the Board. Petition No. 18 - 181 David E. Devendorf Page 2 The objections raised were inadequat-e parking, heavy traffic in the area, and the fact that the site with similar single family dwellings is not an appropriate site for a four family dwelling. The Police Chief reported to the Board that the location is heavily travelled and that the corner of Davis and Main Streets has been the scene of many vehicle accidents. Upon a motion made by Mr. Trapanier and seconded by Mr. Frizelle, the Board voted unanimously to deny the variance and special permit. The Board finds that the criteria set forth in Section 10.4 of the Zoning By Law has not been satisfied; specifically, the petitioner did not present satisfactory evidence of a hardship. In regard to the special permit, the Board finds that the provisions of Section 10.31 have not been satisfied. In particular, the Board finds that the proposed four family use at the location is not appropriate since the site on Main Street is not appropriate for said. -use. The Board is mindful of the fact that there are multi- family dwellings in the area; however, most of the existing units predate the Zoning By Law. The site in question across from the green does not have adequate area for parking and the increased number. of families would create a nuisance and serious hazard for vehicles and pedestrians in the area. Furthermore, the Board finds that the proposal is not in harmony with the intent, and purpose of the By Law. AEF/jw Sincerely, BOARD OF APPEALS J Frank Serio, Jr. , Chai rman List of Parties of Interest 1. Andrew L. Bass 354 Main St. 2. Raymond M. Holland 344 Main S t . 3. Dorothy J. Connor Magnolia Drive 4. Ralph H. Dickson Davis St. 5. Claire A. Foley t/ 372 Main St. 6. Victor A. Walsh 45 Davis St. 7. Maurice P. Lambert 21 Davis St. 8. Michael F. Drummey U 27 Davis St. 9. Paul A. Dobson 33 Davis St. �� • 30A\j ` V\& V lar .s 10. Katherine H. Clements / " ��v�',nQ��X 39 Davis St. 11. 855 Reality Trust f� c/o Schrender Real Estate, Chickering Rd. 12. St. Paul's Church ✓ �Ciat�C1��G �r �v� 398 Main S t . 13. Thomas F. Dunn 28 Bradstreet Rd. 14. Donald Streeter 14 Park Way 15. John S. O'Brien V/ 6 Park Way 16. Raymond Briggs V 393 Main St. All North Andover Addresses. O�� y� MAY 19 1981 . � fVrg"tlQCee,_.. .. sa6l TOWN OF NORTH A ROVER N.ASS.4CHUSFTTS BOARD OF APPEALS CE: This application must be typewritten FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant * ' . Devendorf 1. Application is hereby made iC) IL SACHU`t Address 364 Main St. No. Andover, Ma. - (a) For a variance from the requirements of Section 4.122 - Paragraph 14b of the Zoning By -Laws. (b) For a Special Permit under Section 4.122 , Paragraph 14 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 X and buildings X numbered- 364 Main St. Street. (b) Premises affected are property with frontage on the North South , East X , West side of Davis St. Street, and known as No. 30. Main Street. - ��`•� (c) Premises affected are in Zoning District R-4 , and the premises affected have an area of 14, 553 and frontage of 1-17— feet. 3. MuIrship : (a) Name and address of owner (if joint ownership, give all names): David E., Aldona M. Devendorf & Aldona M. Hamel Date of purchase September 15, 1980 previous owner Helena Duhamel (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) 4. Size of proposed building: 37 front; 40 feet deep. Height: 2 stories; 33 feet. (a) Approximate date of erection: Fall, 1981 (b) Occupancy or use of each floor: 2 Apts . each floor (c) Type of construction: Wood Frame 5. Size of existing building: 37 feet front; 40 feet deep. Height: 2 stories; feet. (a) Approximate date of erection:_ 1890 (b) Occupancy or use of each floor. --7'ing-e la-m-17-y--Us--e. (c) Type of constr-action ----Tfoo-c -Frame 6. Has there been a previous appeal, under zoning, on these premises? No If so, when? 7. Description of relief sought on this petition Special permit required for 4 family conversion and variance from Section 4.122 Para. 14b in order to comply with Para. 14c. ? in theA si i ci ;)eeds in book �.._. t ` Ee or Ws -1 i t if cat e _._. l i The principal points upon which I base my application are as follows: (must be stated inn detail). See attached sheet. I agree o ay f r dve tising in ne paper and incidental expenses.* Petitioner's Si ature Sec. 1 APPLICATION FORT? 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 of -the property line of the petitioner as they appear on the most recent applicable t -% 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 125.00. 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 publi— cation, but are not necessarily limited to these. LIST OF PARITIES IN INTEREST Name Address All Principal Points of Application 1) To substanially restore the exterior appearance of an older Victorian home that would otherwise deteriorate further as a large inefficient single family dwelling. 2) To upgrade the interior with all new plumbing, electric and insulation. 3) To install new landscaping to conform and exceed conditions in the neighborhood. 4) To create 2 income producing apartments for Mrs. Aldona Hamel and her son in an owner -occupied situation. 5) Finally, to increase the value of said home, upgrading the neighborhood, and follow present and future tendencies to renovate and preserve the downtown community. 6) The variance is needed to create a safe means of egress in the rear of the home for the upstairs units. This would be done by a small additions approx. 12 X 15, 2 stories high in the rear of the home, without sub- stantially changing the Victorian flavor of the home. Similar windows and "Victorian" trim would be used to ensure the styling of the present home. Actually, this addition would only "square -out" the rear of the home and do little to alter -the frontage views of the house. It has been strongly suggested by the Building Inspector to include this addition in order to achieve the safest two means of egress from the building. June 10, 1981 Mr. David E. Devendorf 364 Main Street North Andover, Plass. 01845 Dear Mr. Devendorf: This is to inform you that your recent request for a variance and Special Permit was denied by the board of Appeals. DA formal Notice of Decision will be sent to you in the near future. Sincerely, BOARD OF APPEALS Frank Serio, Jr. I Chairman FS/jw NORTH ANDOVER BU1LD11VC:r DEP AR` 7) ENT 20 MAIN S'I'RE`k;r NORTH 4NDOVER, IMA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR " June 81 1981 z Board of Appeals Town Office Building North Andover, Ma. Re: Hearings — June 8, 1981 Gentlemen: I have the following comments to make on petitions before your Board: 1. Salvatore Marchese: Mr. Marchese was refused a building permit because the garage would be closer to the lot line than is required by the Zoning By—Law. 2. John McGarry: Mr. McGarry was refused a building permit because the proposed garage would be closer to the lot linp,thap,the_,.required setback. L3.David Devendorf: Mr. Devendorf was refused a building permit because the conversion)of a dwelling to four units requires a special permit from �e Board of Appeals. Very truly yours, ~_ CHARLES H. FOSTER r INSPECTOR OF BUILDINGS CHF: ad TEL. 688-8102 Board of Appeals Town Office Building 120 Main Street North Andover, MA eown of Narth ,kn�vurr POLICE DEPARTMENT y,►.a44 ORTy plftkoI A F: A►eufT+ :W 0- A A ISSS •' ► . ss.4cHurr ,' Re: Application of David Devendorf Gentlemen: TELEPHONE 683 3168 683.3169 June 3, 1981 In regard to the property at 364 Main Street, it is my understanding that Mr. Devendorf is applying for permission to allow 4 apartments in a single family dwelling. I would like to be recorded at this time as opposing such a variation. As the Board well knows, the Town is growing very fast and the congestion downtown, especially on Main St., has increased tremendously. This home is located in the Library area which is a high-density residential section. It is also located at the intersection of Main and Davis Sts. We have had numer- ous accidents in that area and the addition of 4 families in place of one, would only contribute greatly to the congestion. Traffic wise, it is a bad situation along Main St. from Rte. 125 to the busi- ness district. During Library operating hours, and particularly during the period of time when the .Advisory Board meets there, available parking is as far as 2 blocks away. The granting of this proposal would be setting a very bad precedent for the whole area. I respectfully suggest to the Board that no property in the subject area be altered to the extent of accommodating more families in the current living space. Very truly yours, 4 Russell Donnelly, Chief RD:gb May 20, 1981 Mr. David E. Devendorf 364 Main Street North Andover, Mass. 01845 Dear Mr. Devendorf: Please submit the following to cover the expenses for your application before the Board of Appeals: D Application filing fee: $25.00 Postage 10.28 Total $35.28 A check or money order should be made payable to the Town of North Andover and sent to m,(yattention at the Town Office 6uildina, 120 Plain Street, north Andover, Mass. 01845. Sincerely, Jean E. White, Secretary jw Y V t,L1_11yty Al IHAT LOCATION. Y%,YX% el r � C14 c2c; sic 4 L gel Notic'e' TOWN OF OATIJ A N DO�;F_R, AS,SACHusrrus BOARD OF PPE A -A LS NOTICE tjOR r0.4 16 ACKLIS May 19,1981 Notice is hereby given that • the .Board of Appeals will -give a nearing at the Town Ptiilding,,�.N6rth Andover, on, M n onday evening the 8th day of June'1981, at, 7:30 p.m., * 'I r:q'clock,'_,to. all parties in- terested %l in, the appeal -of "baVid.%_ �, E..Devendoq' re- :4ueisting! a variation of Sec. 4.121P4."14b and a Special P itihinder Section ,4.122 Par '14 ,bf.the Zoning By Law so as to permit the con- version nf- a single family dwelling into a fours family dwelling *on. the premises, located at 364Main Street. Order of the Board of Appeals.-,,.-' Frank Serio, Jr..'. Chairman "Publish)'N,A. Citizen- May 21. and 28, 1981 L34 WE, THE UNDERSIGNED, A R E OPPOSED TO THE PETITION OF DAVID E. DEVENVORF, IN REGARDS TO THE CONVERSION OF A SINGLE FAMILY DWELLING INTO A FOUR FAMILY DWELLING, LOCATED AT NORTH ANDOVER, 364 MAIN STREET, NDOVER, MASSACHUSETTS, %E ARE ALSO OPPOSED TO ANY CHANGE WHATSOEVER T PRESENT OR IN THE FUTURE FROM A SINGLE r A 11T f he Y V t,L1_11yty Al IHAT LOCATION. Y%,YX% el r � C14 c2c; sic 4 r 3 S y rNA-1 r1 s �- e .eg01 N011ce uOWN (tl N( tdTl! ANIAA VFR 14/';A,SS'ACH USETTS BOARD O APPEALS' NOTICE ,. - - f pAN'fy ... { 6 04 b [Y \ ✓ 1 �: �. '► gyp' 4. � r � _ _ �l d SSACMUSt _ May .19; 1981 f > Notice is hereby given that. s' the,Board .of, Appeals. will give: a hearing at the own 'Iiil4ing,_North Andover, on - rill s- Monday, evening the ;8th- day Of . June, 1981, at; 7:361p,. "o'clock to all parties 1 in- `terested -,'jn . the appeal -of:' David, E. Devendoq re- questipg a variation o Sec: 14.1 ~Vdf44b and a`Special . ' Permit funder Section 4I22 f< Par 14 of the Zoning' By . f L`aw as. io''permit the con- version of a Smelea_.fanuly into a four> familylling tre on the premises,, a Y i61cated' at 364. Main Street. `$y Order of the Board of ,Appeals _ Frank Sero, Jr' 'i ' r Chairman '' 4.Publish N A Citizen. May 2.1: and 28,.1981' ;y WE, THE UNDERSIGNED, ARE OPPOSED TO THE PETITION OF DAVID E. DEVENDORF, IN REGARDS '# TO THE CONVERSION OF A SINGLE= FAMILY DWELLING INTO A FOUR FAMILY DWELLING, LOCATED AT 364 MAIN STREET, NORTH ANDOVER, MASSACHUSETTS, I'', ARE ALSO OPPOSED TO ANY CHANGE WHATSOEVER PRESENT OR IN THE FUTURE FROM A SINGLE FAMILY DWELLING AT THAT LOCATION. y, 3 S y rNA-1 r1 s �- { 10W t)1 NOkftl ANlAd3'1r,1FR Nt A45;A C}l usVil"S HOARD OF APPEALSNOTICE _. y r ; {l��e �i :,6 SMO d i May '19. 1981SACHt a b! '"• ' `" ;Notice is hereby giveii. that the. Board of Appeals° will _ give. 'hearing at the Town Building, North Andover, on Monday' evening the 8th day' of June, 1981, at,7:30 p.m. r `.o'clock, , to all parties in- t terested in .the appeal of David' E ': Devendoq re= questing; a variation of Seca 4.1 22 -1?ar: `l4b and a .Special w+j PettriiE"under Section 4:122 ' P'ar :`14 of the Zoning By . Law so as to permit the.con- ' version' of" a single family dwelling into a four- family dwelling onthe premises,. 7 r located ai 364 Main Street. ' By -Order of the Board 'ofK,t c �, Appeals' 0; Frank Sero, Jra ,%,�1 Chairman ( (1 Publish!.N;A: Citizen: May 21 .and 28, 1981 WE, THE UNDERSIGNED, ,RE OPPOSED TO THE PETITION OF DAVID I:. DI VE:NDORF , IN REGARDS TO THE CONVERSION OF A SINGLE FAMILY DWELLING ra INTO A FOUR FAMILY DWELLING, LOCATED AT k` 364 MAIN STREET, NORTH ANDOVER, MASSACHUSETTS. w ARE ALSO OPPOSED 'TO ANY CHANGE WHATSOEVER A PRESENT OR IN THE FUTURE FROM A SINGLE FAMILY DWI LLING AT THAT LOCAT'IO,Ai 'ron r 2�/�UVZa,41 1j�,':&ytAv1j 3311lip 3 L4 11 olvi-1-1- jx,1� __ .✓ l .