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Home My WebLink AboutMiscellaneous - 38 PHILLIPS COURT 4/30/2018 (4)r r 44 f r n s i it ' o STOCK No. 7.521/3 o e o ' MADE IN U.SA 2 ' a Oil- 31 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS' NOTICE June 10, 1981 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening the 13th day of July, 1981, at 7:30 o'clock, to all parties interested in the appeal of Stephen A. and Margaret J. Broderick re- questing a variation of Sec. 7, Par. 7.1, 7.2 and Table 2 and a Special Permit under Sec- tion 4, Par. 4.122 (14) of, the Zoning By -Law so as to per- mit the conversion of a two family dwelling into a three family dwelling on a lot hav- ing less than the required area and frontage on the premises located. at 40 Phillips Court. By Order of the Zoard of Appeals. Frank Serio, Jr. Publish N.A. Citizen: June 18 and 25, 1981 L22' 1L2r �� th 328 at Pro Center Show i 1EE SERVICE tsuKW 1 'f .4 INq, bRush chippimgr -RENTAt, FIREpIACE Wodd ;ENIOR CiTi$`.'63,,� 6864904 SIDE THIS Ycaa,w'. ,R >q. hou t fes' t � of five leading brand :o choQje from. A 10 sq. 3.00, including materials. Ith a carpenter's touch. LL nprovements )419 1mates Bark Ich lips re rk ping Aaintenance E .egM Notice ,49WN OF NORTH. _ANDOVER MASSACHUSETTS APPEALS NOTICE ' ZaZa —June 10, 19811 Notice is. hereby given that the Board of Appeals will give a hearing at the Town .Building,. North Andover, on Monday evening the 13th day of July, 1981; at 7:30 o'clock,: to all parties interested in the appeal of Stephen A. and Margaret J. Broderick re- questing a variation of Sec. 7,_ Par. 7.1, 7.2 and Table 2 and a Special Permit under Sec- tion 4, . Par. 4:122 (14) of the Zoning By -Law so as to per- mit the -conversion of a two family dwelling into a three, family dwelling on a,lot hav- ing less thkd the required area and, frontage on the premises) I oated at 40 Phillips Court. , By. Order of'the Board of! Appeals. A Frank Serio, Jr. Chairman Publish N.A. Citizen: June 18 and 23,`,:.981. L22 ...tau It VV CIO a d season." ittle has changed in the Brooks v progam. 11 .. M DOV enter for Sale. Price building on 3/4 acre $68,000 AN HOMES lain Street, Andover 75.4400 40855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Nl1TT(!F. Jur.ie..10....19.81 Notice is hereby given that the Board of Appeals will give a _ hearing at the Town Building, North Andover, on... Mon d a y erti ..v.....iir........ the ..Utllayof ..... July ........... 19.81. , at 7.: Uclock, to all parties interested in the appeal of Stephen A. and .'I.argaret J. Broderick requesting a variation of Sec... 3 , . ,Par., . 7...1wp 7.2 and T.ai31e Z and a SpLc.i.a1. Pe.riixi t .un.der..Se.cti.on. 4,..P.ar....4-122' .(.14j..0f..th.e .Zo.ni,Z.g. By.-Law..s.o..as. tu..p:ermi.-,,- I; w t.hc..conv.ers.ioa .of..a..tvao..fa.ri;i I . d��.F] 1.i.n.g.. . into. .a. three. fami.l.y..�we.l,li.ng ori � .lo.t. h.avi r'9 Less.. than the recii.,ii re g. area. anal- frontage .on. .th.e pr.em.i.se.s..1.o.ca.ted at 091 40 Phillips Court. By Ue,der of the bward of ,;;;pea1s Frank Seri o , Jr . , C,a i rman Publish: N.A. Citizen. June 11. anc 251'92i Sena bill to: Stephen Broderick, 40 Phi. i l i rPs Court, INo. Andover, mass. APPIL 1855 C V TOWN OF NORTH ANDOVER MASSACHUSETTS AS 16 17 L% BOARD OF APPEALS o Rol' NOTICE OF DECISION Date A . ug . u S . t 4., 1981 . . .. .. .. ... ....... 22 '81 Petition No.......... .............. Date of Hearing...O-U 1 Y. 1.3,..198.1 Petition of ....... .S t e p h.q p..4A d. M a.r g o.r P( .5ro.d.e..r. i 'c k Premises affected ..... 4Q.. PhA I.I.i. P5.. CQ.0 rt.... ........................................ Referring to the above petition for a variation from the requirements of the . Zp.ni n.g.'Dy ,Law Sect i o.n. 7.,. Rar.... 7-1,..7. 2.,. a.n d—Tab.-le-2—and..a. S.pqci al. P.e.rmi.t. un de.r. $.e ct. 4, Par. 4.122 (14) so as to permit .......... the.. co.n ve.r s ion..of..a. t.wo..f ami. I y.. dw.e I IJ na. i n.to..a t h r e e. . f a m. i I y . d we 11. 1 n -g After a public hearing given on the above date, the Board of Appeals voted to DEN Y.... the vari an.ce. and s.p.e d a I... per.mi t. .................... .............................. ............................ Signed Frank Serio, orha i. rm a n. Alfred E. Frizelle ......... I ...... ; ........ Esg., Vice. Chairman W 1.1.1. i.a.m. J... . S.0 1.1 i y an ......................... Au.gv5ti. n.e.W... N.i.cke ..rs on. . . . ................. Raymond..A, V.i v.Q n 7-J. o.,. . E s.q ....... Board of Appeals NORTN 1 p�t Bio tip t N s. Ks # s otic TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS vq August 4, 1981 0k Stephen Broderick 40 Phil l i ps Court Petition No. 22 - '81 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 018.45 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening,., July 13, 1981 upon the application of Stephen and Margaret Broderick. The hearing was duly advertised in the North Andover Citizen on June 18 and 25, 1981 and all abutters were notified by regular mail. The following members were present and voting at the public hearing and again on July 21, 1981 when the decision was rendered: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; William J. Sulli'van;. Augustine W. Nickerson;. and Raymond A. Vivenzio, Esq.. The petitioner seeks a Special Permit pursuant to the.provisions of Section 4, Par. 4.122 (14) and a variance from theprovisions of Section 7; Par. 7.1, 7:2 and Table 2.to enable the premises located at 40 Phillips Court to be converted from a two family dwelling to a three family dwelling. Attorney Philip Arsenault, representing the petitioner, stated that the lot size is insufficient per the By Law; however, the proposal would not encroach abutting land in light.of the 20' easement which would allow for parking in the rear of the building. The Board received evidence that the Phillips Count --area is a unique neighborhood, approximately 1/10 of a mile long, with duplex units and is family orientated. The proposal would, according to an opposer, change the character of the neighborhood. Parking, not only for the occupants, but for visitors, would, according to the opposer, create a further burden on the already difficult situation. -11 y � L Stephen Broderick Petition No. 22 - '81 Page 2 Upon a motion made by Mr. Vivenzio and seconded by Mr. Frizelle, the Board voted unanimously to deny the variance and special. permit. The Board finds that the petitioner failed to satisfy the requirements of the Special Permit under Section 10, Par. 10.31 (1). In particular, -the Board finds that the.,site is not appropriate for a three family dwelling because of the existing make-up of the neighborhood with limited parking and density; further,.the Board finds that the use as developed will adversely affect the neighborhood'in light of the fact that Phillips,Court is made up.of a number of duplex units and the. neighborhood enjoys a sense of uniqueness. The Board also finds that the petitioner.failed to adequately satisfy the provisions of Section 10, Par. 10.4 in showing that there was:a hardship to the petitioner and that the petition could not be granted.without nullifying the intent and/or purpose of the Zoning By Law for the reasons previously stated. The Board further finds that the petitioner did not adequately show a hardship as defined in the statute. AEF/ jw Sincerely, BOARD OF APPEALS h� Frank Serio, Jr., Chairman - t r - ;`4:' o- a ^"e H�4 �"'i' S e �: v r! "" ' v'ta Cr <_ gMX'Er .k'. Zr.i"�y,"r•'�(`'.�.�'fW ee�,'€ r q ,� { r. ' n a�f" 4.. '�Rt t %. r •.,,^byn� tE'}°iz' r '".4.At yg Jit f`'754'r °',c"`Kr'}f •a t ��Lyws6°a ''' z+*Ht't,1c'`�°ljly �U ` ¢,• �I,r'."-:el is r kws..t+ k • ! r MASSACHUSf Q[IDTC0.A"@M E@ SE! } ti• f r .t' 4 i Ji 1 R r}}Dtdt?@VL€MDO'+Ie } kAt4$ r' t 'lclt w t ' Ir a. k, a Frederic E 1~'redertck. E Blackstock, Sr j .an Eva L. Mack t ^��., .,. ��. 9Nfyrf.h Andover, Essex y i r 6;oratziq, € for'coa�slderation paid, and in full consideration ofFi y • M Thousand �� A e1'" ' X' fV{XA 1 gXiVw� ' d f , +�l ' ($54,900) Dollars } grants to Stephen A. Broderick and 'Nlar s , i'. garet J:�Broderfck,{ hla�ba.nd and wee, as*, V, s joint tenants and not as tenants in common nor as tenants b tha:'elirt nth > y y «�� a of 4 0 Phillips-'Court,d +, f North Andover, Mass. •w�i � LX H { i q a exact of land with all the buildings thereon'lsiivat.ed in sats .t4%ldO�et;r, IJe16Xk z.., �SCL7 tL,r g rshovrn as Lot nq 7 on Plap of IN111p Com Pio ppb ( �a qm .`: rr, r'n P.(. ++ p ou and: encum ratlC�li,lD rf$ .w `"" `Stevens & $'caXif3 `CO Yf r vvfaeE" a+} 7 th a:e p itis; I a i sb t ' in the f Rah'?, 1,:ixrfs°�firyr'TS North 1�istrlct of EJ, 4ssex iegistry of Deeds a Plalr� leo.` 277CD and sa d loi •% more particularly bounded and described as follows. South' esterly by.'hillips t }i Court eighty-one and 80/100 feet; Northwester) b l d retaiie ,b irhe Y Y, . aza y gator �rieR; hundred and thirty feet; Northeasterly by 'land retained by: the .grantor seer t hre` r y t and 7/100 feet; and Southeasterly by Lot No.. 8 one hundred4•fifteen and 8/14® feed; containing 9, 120 sq, care feet more or less,'. all according' to said .ply.`'''' r t L a x. } Being part of the premises cc lave ed b 1!!loses:" ", Y Y Y exls t0 . Nd. .:est. Sons Company bry deed dated September 1, ,1002, recorded irz'� xd Rega.6try cif Book 107, Page 180, being part of the first'parcel'deserakaed'theretn«' t+ .y Said prexnses are conveyed'subject to•an ease>n.emi,ga-asted,,i® th.Taw`f! x North Andover to drain water from Phillips Court: p rt across the 'gfianted F�emi�es a� ,�� . set forth in instrument dated. October 21, x.953 recorded' ,zn.said Re ase i Book 782, Page 2. g' �f'�eedfs� �f r Said premises are also conveyed with the benefit o€r�. perpetual rpetual and permanent; rightsanc_i easementsas described:intmo instrumentltrorn Charles VV ''f mbly, Sr. dated December 14, 1073 and recorded in the North Essex ;District Registry of Deed �1 Book 1.233 Page. 426 and Book 1233, . Page 427. •# For our , title see e deed from J. P. Stevens & Co. , Inc' dated December 1953 recorded in the Essex North District Registry of .Deeds, Book 786, Page y:3. • - a4 cr c: .n t oa....'Pr.. hands and seals s .4bgbW.en.tA 4a ' of . � w recex'ack lacksto'ck' CCttf}} k 5r. ..................... ... ............... .�i .............................. ..... r. ..11. . EvaBlackstock ; Y. ('IP (gonts�anw cif tt lays � r `` t Essex ta 197 P7 i till)' Then personally appeared the above named Frederick E Blackrstack, Sr, and Eva I. Blackstock ° and acknowledged the foregoing instrument to be .: their' ' bot ee act and'deed,-before rile •t `Notary Public— , Charles W Troxnbly My commission expires Al?r}l 28, 2978 r` ' C�inrlovidual,—TninkTenants-- Tenants in Common—Tenants by t}�esttirety.) • g �°'" .i '�. a , DED BY CHAPTER.497 OF, 1960 yam. E, �� spon it the full name, residence and post of5ez address of the $=, tee +,`M < or the nature of the other consideration therefor, not delivered for , f„ price for the conveyance without deduction for any liens or crD- - 5. ._h endorsements and recitals shall be. recorded as part of the deed y, ? deed. No register of deeds shall accept a deed for recording auaiess } EASEMENT 426i I, Charles W. Trombly, Sr., of North Andover, Essex County, Massachusetts, for consideration paid grant to Frederic E. Blackstock, Sr. and Eva L. Blackstock, husband and wife, as joint tenants of 40 Phillips Court in said North Andover, Massachusetts, with Quitclaim Covenants in No.Andover A perpetual and permanent right and easement for driveway and ingress and egress purposes and to the exclusion of others over and upon a strip of land twenty feet in width, «► ,, bounded and described as follows: SOUTHEASTERLY By land of the Grantees herein, one hundred thirty feet; NORTHEASTERLY By land of the Grantor, twenty feet; NORTHWESTERLY By land of the Grantor, one hundred thirty,feet, mor or less; and SOUTHWESTERLY By Phillips Court, twenty feet, more or less. 4 i Being a part of the premises conveyed to me by deed of Vincent B. Landers dated May 29, 1973 and recorded in Essex !` North District Registry of Deeds in Book 1220, Page 6. + Subject to easements and restrictions of record insofar as the same are in force and applicable. Witness my hand and seal this /% y day of December, 1973. (( THE COMMONWEALTH OF MASSACHUSETTS Essex, ss. December /Y' 1973 Then personally appeared the above named Charles W. Trombly, Sr. and acknowledged the foregoing instrument to be .r his free act and deed, before me ROLD MORLEY, JR Notary Public My commission expires: October 24, 1980 i Recorded Dee.19,1973 at 11:30AM #11699 i i� R� a Hugo D. Angelini 63 Millpond No. Andover, MA 01845 «" Donald and Daisy G. Campbell 62 Millpond No. Andover, MA 01845 Gerald J. and Edith Plotkin 64 Millpond No. Andover, MA 01845 Warren and Virginia N. Johnson 67 Millpond No. Andover, MA 01845 ,,,,-Merton and Phoebe -Ann Lindquist 80 Millpond No. Andover, MA 01845 Wells K. Moore 69 Millpond No. Andover, MA 01845 Grant T. Morgan 70 Millpond No. Andover, MA 01845 William C. and Judith Powers McCahill ,i 65 Millpond No. Andover, MA 01845 John and Jennifer Arnold v 98 Millpond No. Andover, MA 01845 'John and Jennifer Arnold 58 Millpond No. Andover, MA 01845 Alan C. and Susan Rosenblatt 66A Millpond No. Andover, MA 01845 John and Julie Smith 59 Millpond No. Andover, MA 01845 ri Ray Thomann 68 Millpond No. Andover, MA 01845 v/ Millpond Homeowners Association 233 Needham Street Newton, MA 02164 -,"Edwin and Jacqueline Laverty 38 Phillips Ct. No. Andover, MA 01845 Stanley and Theresa Twombly 41 Phillips Ct.. No. Andover, MA 01845 Florence McKinnon 44 Phillips Ct. No. Andover, MA 01845 ✓ Raymond and Beatrice Canty 46 Phillips Ct. No. Andover, MA 01845 Mary E. Calman 50 Phillips Ct. No. Andover, MA 01845 ✓ Rose Broderick 59 Phillips Ct. No. Andover, MA 01845 Bruce and Amy Louise Cameron 28 Phillips Ct. No. Andover, MA 01845 William and Agnes Gracie 24 Phillips Ct. No. Andover, MA 01845 V Ralph and Doris Norgren 25 Pleasant St. Salem, NH 03079 6 I�s)a° 6 TOWN 011' NORTH ANDOVER a MASS.gCI7'USETTS BOARD OF APPEALS NOTICE: This application must be typewrittenIft1 v • mn 1 0 o LI ION FOR RELIEF FROM THE REQUIR04ENTS OF THE ZONING ORDINANCE No �� '+o St A. Broderick and Appl1 het J. Broderick Address -40 Phillips Court, N. Andover, MA 1. Application is hereby made (a) For a variance from the requirements of Section 7�_, Paragraph7.1, 7.2 & of the Zoning By -Laws. ____ Table 2 — (b) For a Special Permit under Section 4 _ Paragraph 4...122 (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 buildingsX numbered 38 & 40 Phillips Ct Street. (b) Premises affected are property with frontage on the North X , South , East , West_ side of Philos Court Street, and, known as No.38 & 40 fARMN• Phillips Court. Y � (c) Premises affected are in Zoning District R 4 , and the premises affected have an area of 9,120 and frontage .of .81.8 0 feet. 3. OwnF--rship : (a) Name and address of owner (if joint ownership, give all names): Stephen A. and Margaret J. Broderick Date of purchase June 21,. 1977 Previous owner Frederick & Eva (b) If applicant is not owner, check his interest in the premises: Blackstock U The principal points upon which I base my application are as follows: (must be rat�l 3tcindetail . Owing to circumstances relating to the structure and especially affecting such structure but not affecting generally the zoning district in general, a literal enforcement of the provisions of this By -Law will involve substantial hardship; financial or otherwise, to the petitioner or applicant, and that . desirable relief may be granted without substantial detriment to the public good and without, nullifying or substantially'derogating from the intent or purpose of this By -Law. The site is appropriate -for a three family dwelling. Such a use will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities Wil-� be provided for the proper operation of.the proposed use. The proposed conversion will be in harmony with the general purpose and intent o t—die __ By -Law. i I agree to pay for advertising in newspaper and incidental expense se ioner's Signature f". J� f�Y Sec. 1 APPLICATION FORM 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 tax list, notwithstanding that the land of any such owner is located in another city or tohTni��'the Planning Board of :she city or town, and the Planning Board of every abutting city oy 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. a LIST OF PARTIES IN INTER.ST Name Address SEE ATTACHED. ii. X" July 7, 1981 Mr. Frank Serio, Board of Appeals 120 Main Street Chairman North Andover, MA 01845 Dear Mr. Serio: We are undersigned do oppose the varie.nce of Sec. 7 Para- 7. 1, 7. 2 and Table 2 and a Special Permit under Section 4, Par. 4. 122 (14) of the Zoning By -Law so as to permit the conversion of a two family dwelling into a three family dwelling on a lot having less than the required area and frontage on the premises located at 40nd 38 Phillips Court owned by Stephen A. and Margaret J. Broderick. C We feel it will change the character of Phillips Court. It is now family oriented, a wonderful place to bring up children and every- one gets. along. We also feel that North Andover needs the type of family housing that presently exists on Phillips Court. At zz�m5 s NORTH ANDOVER BUILDING DEPARTMENT NORTII 120 MAIN STREET t **e. .i. NORTH ANDOVER, MA 01845 J 03. INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals Town Office Building North Andover, Ma. Re: Petitions of July 3, 1981 Gentlemen: July 139 1981 I have the following comments to make on petitions to be heard by your Board: 1. Richard DiCarlo: Building permit refused because the proposed addition was less than the required distance from the lot line. 2 Zven Broder: Was refused a building permit because the pro— ) onversion quires a special permit from the Board of Appeals. 3. Arlington Trust Co.: The proposed addition is closer to the lot line than is allowed by the Zoning By—Law. 4. Andrew Circle Realty Trust: I recommend renewal of the earth removal permit so as to allow the completion of the operation and use of the land for residential purposes. TEL. 888-8102 5. Evelyn DiGaetano: In my opinion, the Zoning Board of Appeals does not have jurisdiction in this petition. The applicant's plan shows a. lot with no frontage at all. The applicant does not own land having frontage on Marbleridge Road but has only an easement over the land that is owned by someone else. The Zoning By—Law defines a lot as a parcel of land in one ownership. 6. Stephen Callahan: I will be present at the meeting to give an explanation. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDIMS CHF: ad Zoning Board of Appeals - Decision North Andover Hearing No.: 1981-022-4880 Date: August 28, 2008 APPLICATION TYPE: SUBMISSION DATE: Variance & Special 1 6/9/1981 Applicant's Name: Owner's Name: NAME: BRODERICK, STEPHEN A & MARGARET J NAME: BRODERICK STEPHEN A MARGARET J BRO ADDRESS: 38 PHILLIPS COURT ADDRESS: 38 PHILLIPS COURT TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Survevor's Name: STREET NO.: 38-40 PHILLIPS COURT SITE ZONING: R-4 COMPANY NAME: TOWN: NORTH ANDOVER MA 01845 ACTION TAKEN: ADDRESS: MAP: 096.0 BLOCK: 0031 I LOT: MAP DATE: SECTION OF BYLAW: 4.122.14: 3rd, 4th, or 5th unit (pre 2004) TOWN: JSTATE: VOTING DATE: ZIP CODE: Book 1311 Page: 417 PHONE NO.: FAX NO.: NATURE OF PROPOSED WORK: EMAIL ADDRESS: Variance from 7.1, 7.2, & Table 2 and a SP from 4.122.14 In order to convert an existing 2 -family dwelling Into a 3 -family dwelling, HARDSHIP: CONDITION OF APPROVAL: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: 8/13/1981 HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: 9/17/1981 DECISION DEADLINE: 1911711981 MEMBERS PRESENT: VOTE: MINUTES OF MEETING: 2008 Des Lauriers Municipal Solutions, Inc. 0 N LL M O Y O J C13 O 0 a O 0 0 O Q M O O N O D r N 0 J' W U C� v,v9 F N N } 'ys (54 i . 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