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Home My WebLink AboutMiscellaneous - 37 OLD VILLAGE LANE 4/30/2018 (2)3'7 o►clViIy-Ln. MABBtN U.&A. 7 l'10� N n 77. Legal A10fice' TOO OF NORTH ANOOVtj BOAS 1) OF Apr' - E NOTICE ALS ok 0 20 fm ZCNUST.010- Notice is he 27,' 1 984 herrn, of, 11.1 t NO the rth g at ' the Idin evening ' Ptem,r' 19 the on''Monday -1 h,, on y Andover; 7f aY of to all parties interested at?: 01 rested In the k Peat of BARBARA I D •ILL uestin a variation Par. 7. &Table 2, of . 7 So as to of the . ning froMm 'side set npermit relief !Wnt to allow the require- Ist structures PrBrWses Village Gnelobatedat'. 37 e 4 Order 'of -U . te" Peals. Board Of AP - r Mnk SM6, Jr Publish N A I : _Chalmlan' and Sept. Citizen: August 3 1984 0 Z24 y✓ NORTHA, 0004 F � APRILM ::v i �;• 1555 CH ,.TOWN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS w 49 .... August. Z ..19. 8.4 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ......Monda.y evening ....... the .17thday of ...... SEptember..... 19. 8 4 , at . 7 :.3clock, to all parties interested in the appeal of BARBARA I. DILLON ...................................................... requesting a variation of Sec. P.... 7. & Table 2 .3 ... of the Zoning By Law so as to permit... re. lie.f . f.rom . the . si.de. .s et.- b.ack..reguir.eme.nt..to..all.ow.the. .continued... existence- of - H.structures.................... • . ...................................................... ...................................................... on the premises, located at. ..3 7..Q ld . Vi_l lage ..L,anQ .... ...................................................... By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Citizen: August 30 and Sept. 6, 1984 Send bill to: Asoian and Tully 12 Essex St. Andover., Mass. + y►a. r6�11OR4Tfp�O� FAML „ Wl Q fY D ►aas ; q N Fft ' ;ssgcHug``,A4 SEP J 0& Pty t�7 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD .OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days. after the date of filing of this Notice In the Office of, the Town Clerk. Date ..... Septemb.er..2$.,..19.$4- Petition No ...... 4771.8.4 .. , . , ... . Date of Hearing. .-ep.tembe r l7 , 1984 Petition of ....... BARBARA DILLON ............................................................... Premises affected ... 3 7. Old V i 11 age Lane Referring to the above petition for a variation from the requirements of.the . Zo:nin.g . By, ..LAW Section..7,. Par. 7..3..an.d Table..2....................... so as to permit ..re.lief . f.rprn .th.e s:ide.',se:tback. reg.uireme.nt.to. .allow. .the. . continued, e,xis.ten.ce. .pfa ._s_ ligle. fami]y.dwe.11i.ng............................... After a.public hearing given on the above date, the.Board.of Appeals voted to ..Grant ... the va.ri ance.. as.. re:gue.s ted ...:.:.... Amub*MUthUCkIK.>theKfxigAnspextoxAac>issua;Mx IAffilaxto ................ fDXXkCK WMtr110t10H>Uf AbUX KbMHoxl sedxi n�tl o i®�ts� Signed 'Alf red 'E., Frize1le. fig..., . Vice .Chairman Ri.ciza.'rd. J.'.'Tre.pan.ier.,..Es ,.,..Clerk Wil li.am. J.. .�3ul.livan............... Augustine JW.... Rickerson.....`..... . Walter . F.,.. S.oul.e .................... Bo-ard_ o-f_Appeals 1. ,", RECEi rD koRTh AWEL NOR7 N �,?�l.�"�DVER ♦ o� ..,... ,+ ,SSACNUs1t TOWN, OF NORTH ANDOVER MASSACHLJSETTS BOARD OF APPEALS , Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. Dear Mr. Long: Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. go September 28-, 1984 Barbara Dillon 37 Old Village Lane Petition No. 47-'84 The Board of Appeals held a public hearing on Monday evening, September 17, 1984.upon_the application of Barbara Dillon. The hearing was advertised in the North Andover .Citizen on August 30 and September 6, 198,4 and all abutters were notified by regular mail. The following members were present and voting: Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; Augustine W. Nickerson; and Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7.3 and Table 2 of the Zoning By Law so as to permit relief from the side setback requirement to allow the continued, existence of a single family dwelling located at 37 Old Village Lane in. the Residential -3 (R-3) zoning district. Counsel for the petitioner testified that that the parcel of land was purchased by the petitioner's parents in 1967 and the seller of the lot constructed the house. The pool and shed were con- structed in 1968. When a recent plot plan was drawn, the violation was discovered. A garage on the property is 18.4 feet from the side 1 of line and the ' poo,l shed is 11 feet. Both structures require a 20 foot setback fromt the side line. The petitioner will suffer a financial, hardship if the variance is denied since she,will not be able to sell'the property. No opposition was voiced at the hearing. Barbara Dillon 37 Old Village Lane Petition No. 47-'84 September 28, -1984 Page 2 DANIEL LONG TOWN CLERK NORTH A,%ibOVER SEP 28 12 �s p �e�t Upon a motion made by Mr. Trepanier and seconded by Mr. Sullivan, the Board voted unanimously to grant the variance as requested. In granting the variance, the Board ' -finds that Section 10.4 of the Zoning By Law has been satisfied. In particular, the Board finds that , a literal enforcement of the provisions of.the By Law would create a financial hardship to the petitioner and that desirable relief may be granted without nullifying or substantially derogating from the intent and purpose of the By Law and without creating a detriment, to the public good. Of HORTN Reae-ived by Town Clerk: ° RECEIV�D � p i Date: _ nn lE�.L4 N OF NORTH ANDOVER, MASSACHUSETTS VIN CLERK BOARD OF APPEALS =:;':.: �.,• Time '�` .:__. tjoRfm ANDOVER 5��SEZ NoticeThis application must be typewritten ,�� 4 3 wo Pil °.04 APPLICANT FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Appl i.cant Barbara I. Dillon Address 37 Old Village T.n_, Nnrf-h Andauar_ MA 1. Application is hereby made (a) I 'Fo.r a variance from the requirements of Section —7 Paragraph 7.3 a.-nd Table 2 of the Zoning By -Laws. (b) For a Special Permit under Section Paragraph 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 building(s� numbered 37 Old Village Lane Street. (b) Premises affected areproperty with frontage on the North (x ) South ( ) East ( ) ,:; West ( ) si de of Old.Village Lane ftety,, a n d k n o w n a s No 3.7 Old Village Lane (c.) .Premises affected are in Zoning District R-3 and the -premises affected have an area of 27,950 square feet and frontage of 200.49 fie e t ... 3. Ownership (a)" Name and address of owner (if joint ownership, give all names): Barbara T Dillon (SnrvivinR joint owner) acquired: _,. Date O x ki � 11/1/77 PreV7OUS :Own_er. JrPnP and Wendell M_ Dillnn . (b) If applicant is not owner, check his interest in the premises_.: Prospective Purchaser Lesee Other (explain) VA4. Size- of proposed building: N/A front; feet deep; Height:- storie.s; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type o.f construction: 5. Size of existing building: 110 feet front; 24 and 30 feet deep; Hei ght: I stori es ; 15 feet. Pool shed measures 8 feet by 12 feet. (a) Approximate date of erection: 1967 (b) Occupancy o r use of, each floor: Dwelling and. garage (attached) ; shed is used for storage of pool equipment (c). _ Type of construction: wood 6. Has there been a previous appeal, under zoning, on these premises? No If so, when? _J f,7. Description of relief sought on this petition Relief from the side setback minimun requirement of twenty (20) feet as set forth in Section 7, paragraph 7.3 and Table 2 of the Zoning By -Laws, to allow the continued existence of the structures shown on the a of Red plot plan. 8. Deed recorded i n ' the Registry of Deeds in Book 1323 Page 799 or Land'lto.urt Cer.t.i fi cate No. Book Page 13 The principal points upon which I base my appl.i d,aii;on ,a+re as follows : (Must be stated in detail) n . • ' ' !y:1,I SEE ATTACHED SHEET t�1� j I agr to ay for advertising in newspaper and incidental expenses* Attorney for Petitioner's Signature L rt W. vole, Attorney for Petitioner IZ Sec. 1 APPLICATION FORM -- Every application for action by the Board shall be made on a form approved by the Board. Thes.e_Jorms 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 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 s.hall 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 town. * Every application shall be submitted.with an application charge cost in the amount of $25.00. In addition, the petitioner shall be respon- sible 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. LIST OF PARTIES IN INTEREST Parcel number on Map 59 Name 21 ✓ General Store Trust 10 Gayton Osgood 9 Paul & Nancy Tariot 8 ,/ Center Realty Trust of No. Andover 7 t, -George & Wendy Stern 58 Beverly Nassar 57 v Charles & Santa Nigrelli 11 �- Trustees of Reservations . 16 v David & Marie Geggis 65 ,George & Dorothy Henderson Address Old Village Lane 38 Osgood Street 46 Osgood Stre t •` _ f 58 Osgood Street 57 )Old Village Lane 49 Old Village Lane AA 34 Old Village Lane 44 Old Village Lane Y t l ton (Use additional sheets if necessary) jig The existing structures were built by Petitioner's parents following their purchase of the property in 1966; the existing non -conforming structures were built well before March 14, 1977. The purpose of this petition is only to allow the continued existence of these pre-existing structures, and is not for the purpose of allowing construction or alteration to the structures. The Petitioner will suffer a hardship by not being able to mortgage or sell the property without the allowance of the requested Variance, which hardship is related to the shape and topography of the lot. The requested Variance for relief from the 20 foot side yard requirements will not result in sub- stantial detriment to the public good nor will it nullify or substantially derogate from the intent or purposes of the 'Zoning By -Law. MORTGAGE PLOT PLAN SCALE: 1" = 40' 37 ULD VILLAGE LANE JUNE 8, 1984 NORTH ANDOVER, MASSACHUSETTS OWNER: BARBARA DILLON THIS IS NOT A SURVEY AND IS TO BE USED FOR MORTGAGE PURPOSES ONLY. .B.- DO NOT USE OFFSETS FOR ESTABLISHING LOT LINES FOR THE ERECTION OF FENCES, WALLS., HEDGES, ETC. I HEREBY CERTIFY THAT THE BUI1._D7NGS ON THIS PROPERTY IS LOCATED SHOWN ON PLAN AND DOES NOT COMPLY WITH THE LOCAL ZONING SET BACK .UIREMENTS. '* NOTE: DWELLING 8 SHED- SIDE YARD REQUIREMENT IS 20'. CYR ENGINEERING SERVICES, tMC.TFURTHER- CERTIFY THAT THE ABOVE DWELLING IS NOT 300 CANAL STREET LAWRENCE. MASSACHUSE'�LOCATED IN A FLOOD HAZARD ZONE. ° � ;� - _