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HomeMy WebLinkAboutMiscellaneous - 39 MILTON STREET 4/30/2018 (2)k D yl� i LEGAL NOTICE _ TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE Notice Is hereby glveq that the Board of Appeals will hold a public hearing at the Senior Citizen's Carder located at the rear of the Town Building, 120. Main Street, North Andover on Tuesday evening the 9th dry of August 1994, N 7:30 o'clock, to all partietit Interested In the appeal of Frw)cis DlNucco request - Ing a Special Permit under Sec. 9, Paragraphs I i 2 of the Zoning By Law so as to permit an extension to a non -conforming structure on the premises, located at 39 & 41 Milton Street By Order of the Board of Appeals Frank Serb, A Chakmaw .. -- A 0� kaORT{{ qti b 0 32 yttt - •6 OL 0 SA US TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 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 the Town Building, 120 Main Street, North Andover on Tuesday evening the 9th day of August 19 94 , at 7:30 o'clock, to all parties interested in the appeal of Francis DiNuccio requesting a special Permit under BTWYd$ Sec. 9, Paragraphs 1 & 2 of the Zoning By Law so as to permit an extension to a non -conforming structure on the premises, located at 39 & 41 Milton Street By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the North Andover Citizen on July 20 and 27, 1994 i 41k ;roily,lflnn��l Sika.11 be Wed the ,ui;� I CiiC2 ^' 0,:! of This is to oe* that Wm* (20) days; have elapsed from date of dedWm filed without fillrog c�'G f Joy+c:®A. BradShaw Town Clerk • �. "It 3� `.Oaor- AF8wtn .:X s! 1885 •• °°� SgCHu9�'."� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OFF APPEALS NOTICE OF DECISION Sol, ATraeCopy September 19, 1994 Date.............................. - nz4-94 1V Petition o..:.-. '................. . August 9, 1994 & Date of Hearing.. ,September .13,. 1994 Petition of Francis DiNuccio ................................................................. Milton Premises affected 39 & 41 Mn Street .......Milt..................................................... Special Permit under Referring to the above petition for a Section 9, Paragraphs 1 & 2 of the Zoning Bylaw so as to permit an extension, to a non-conforming.structure ......................... After a public hearing given on the above date, the Board of Appeals voted to .. GST .. the Special Permit as requested and hereby authorize the Building Inspector to issue a permit to Francis Di Nuccio................................. fcr the construction of the above work. based upon the following conditions: The Board finds that the applicant satisfied the provisions of.Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. A2 Signed GNU/ Wi liam 3: Sulliva Chairman d�'c� Walter Soule, Vice -Chairman - Robert -Ford .......................... Scott Yarpinsiri '. * .. • " " • • • ... Board of Appeals Received by Town Clerk: T4'° 4 t H AtjDOVER p TOWN OF NORTH ANDOVER, MASSACHUSE ! 47 W%4BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE p �N uc�- t o Address 39 t4 I M I LETO �T A li :ant AUC / C D PP e- c-+ Tel. No. O 1. Application is hereby made: 1 - a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section_ Paragraph -L+--'-)-- L/ of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land �_ and building(s) numbered C/ .t y t D.°t Street. b) Premises affected are property with �� �rontage on the North ( ) South ( ) East (1) West (C4" Side of MLL—rDc5_7- Street. Street, and known as No. _� > L/ J Lfin } S Street. / c) Premises affected are in Zoning District , and the V premises affected have an area of �17YO square feet and frontage of _ ,j feet. 3. Ownership: a) Name and address of owner if joint ownership, give all names): 'RAA)( t S 0 J U Date of Purchase U- '/ Previous Owner , b) 1. If applicant is not owner, check his/her interest in the premises.: Other Prospective Purchaser Lessee 2. Letter of authorization for Variance/Special Permit required. r � )� front;_ feet de 4. Size of prop sed building:—� feet. Height stories; a) Approximate date of erection: y -9 z b) Occupancy or use of ea C) Type of construction: Y ti 5. Has there been a previous appeal, premises? If so, when? 6. Description of relief sought on this PFAV L-IA)i- 5,C: -T- gAck/ under zoning, on these petition 7. Deed recorded in the Registry of Deeds in Book Page _ Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) /.2'k /S4' / oA-)S ( O YV u I agree to pay the filing f e, vertising in newspaper, and incidental Wpe ses , /,/// Si4iiature of Petitioner(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. Every application shall be submitted with a plan of land approves° by the Board. No petition will be brought before the Boar unless said plan has been submitted. Copies of the Board requirements regarding plans are attached hereto or are availa' from the Board of Appeals upon request. Rev. 4/93 LIST OF PARTIES OF INTEREST .qI IR.iFC;T PROPERTY MAP PARCEL ILOT NAME ADDRESS f I /'1 MA) S T` ARI lTT1=R.(Z MAP PARCEL LOTNAME ADDRESS 3) 00301 Ail. e u; c q +0ao N Icd T 3S'kl14-TWQ 1 Uo Ucc CP(E d lv ,-5� b ' .E-A D / LTb b C. N >l u"C 1) �L 0 S c (JDo"' — "/A V - L C D DO oLl S _5AI IL FQIPU o L' Q �,ha!I be filed This is to c rtify that twenty (20) days have &,x ;u frown date of decision flied without ling ' J. uiyrm A. Bmdshawa Tama Clerk d� 0 • * APKILM ..? taps • ' f 1 tis•., �� ►. SACHu9 ,'. tt�ttva, a TOWN OF NORTH ANDOVER MASSACHUSETTS Petrov of Francis DiNuccio BOARD OF APPEALS NOTICE OF DECISION 'Sup 33 - ATme Copy 'db�t�ler� September 19,'1994 Date............................ .._ 044-94 Petition No. ..................... . August 9, 1994 Date of Hearing ... Septembe,r 13, 1994 Prem ses affected 39 & 41 Milton Street Special Permit under y. - - Section 9, Referring to the above petition fo-• a r • • . Paragraphs 1 & 2 of the Zoning Bylaw so as to perm.t an extension to a non -.conforming -structure ........................ . Alter a public has^Lr. g giver: on the above date, the Board of Appeals vcteri to GRANT the Special Permit as requested and hereby authorize the Building Inspector to issue a pe^^ -jt to Francis Di Nuccio ......... 1o_ the construct;on of the above work. based upon the folloAin� condi ions: The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Signed �,� William J: Sulliva Chairman Walter Soule, Vice - Chairman Robert -Ford- , * * , * .... ..... ..... . Scott -Karpinski ...................... Board of Appeals Registry of Deeds K %she/S#da aEssex County Lawrence, MA 01840 10/13/94 nTMHrrTn JC 1wGG9 09016a SA PLA # 2ke6R092 Type 017 # 3 1 Gm DRQ # 4 Gt&e092 ±p # 2 Correction; Total # 6Payment Cash THANK YOU' Thomas J. Burke Register of Deeds yS 0. m Ga Gm S.S *24. 54 22 4. r. RECEIVED DANIEL LONG Received by Town Clerk: NORTHRTH ANDOVER iNa�i3O in 47 49 { TOWN OF NORTH ANDOVER, MASSACHLIS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE ApplicantRALUClS PlAftj C1 DTR, Address 39+4 M m7w S7- G:,A`gx(/' f: W &IL, -1-t Tel. No. -'tlS- Z QG--p 1. Application is hereby made: 1 — a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. 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. / y 2. a) Premises affected are land �� and building(s) numbered i- Y J N 1 [. Z aA) T Street. b) Premises affected are property with Srontage on the North ( ) South ( ) East (`) West (ide of 1k1)L7`O/N Z� 'T Street. Street, and known as No. ) j _Street. C) Premises affected are in Zoning District �, and the premises affected have an area of ey75i® square feet and frontage of 11 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : S"gDaFRAOCL S 600JVeCIC) L-31--X- Date te of Purchase - al Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. f i 4. Size of prMed building: front; feet deep; Height / /(o feet. stories; a) Approximate date of erection: b) Occupancy or use of each floor: (°,A EA G F- C) Type of construction: W C3 0 P zPA7 6 5. Has there been a previous appeal, under zoning, on these premises? AJb If so, when? 6. Description of relief sought on this petition teU-AP, L1K0C sEr l3AC-l� 7. Deed recorded in the Registry of Deeds in Book Page _ Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) /-� X / ' GA e:7 .p T 10 A-2 I6I2 1-1-b (-,J R6;%Uo u,4 ZIons C ory o -p_nX.) [, a;wp * 3 oeb X-Lood A 3'S, E iz ELO&-2U I agree to pay the filing f e, jertising in newspaper, and incidental /gxnensese Si4fiature of Petitioner(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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 LIST OF PARTIES OF INTEREST St JB,IECT PROPERTY MAP _e PARCEL LOT NAME JADDRESS /7 Z- MA) S7' ABUTTERS MAP IPARCEL LOT NAME ADDRESS 3 1 Z3d3 C� �ii2. eH u, c 4 +oao m,cd T 3s- z 1 �a �1cc r-b� v t� / lTbl b C )0"V,66J>L ux�c' vA L v OD S G C=am o o 3—�> IE LL Z 4—^0 iR 1 $k ' LIST OF PARTIES OF INTEREST .qt lR.IF(`.T PRnPFRTY MAP`v ` PARCEL LOT INAME JADDRESS ARl1TTFRS MAP` PARCEL LOT NAME ADDRESS 3 1 003b AR e ul c i +cJaq Aj tcA TAIUbg T 3S- L 1 oo L.)cc rbL v `SC; a JcQ DE /L C> C. w >L I W w C v A �- vo� T_M v - L L o ooc L S- L o L - �- U TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION SSP 19 11 23 W, 'S4 September 19, 1994 Date........................ 044-94 Petition No. ..................... . August 9, 1994 & Date of Hearing ...SeptembeT .13, . 1994 Petition of Francis DiNuccio .................... Premises affected 39 & ..41 Milton Street P . ........................ Special Permit under Referring to the above petition for a Section 9, Paragraphs 1 & 2 of the Zoning Bylaw so as to permit an extension. to a non -conforming structure ......................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT the Special Permit as requested and hereby authorize the Building Inspector to issue a nerrnit to Francis D.i Nuccio. for the construction of the above work, based upon the followinb conditions: The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Signed �j ; T' WiliaSullivankairman . Walter Soule, -Vice -Chairman . Robert Ford • . . Scott Karpinsici '.. . ' ... ' ' .. .............................. Board of Appeals "ic:; TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION SSP 19 11 23 W, 'S4 September 19, 1994 Date........................ 044-94 Petition No. ..................... . August 9, 1994 & Date of Hearing ...SeptembeT .13, . 1994 Petition of Francis DiNuccio .................... Premises affected 39 & ..41 Milton Street P . ........................ Special Permit under Referring to the above petition for a Section 9, Paragraphs 1 & 2 of the Zoning Bylaw so as to permit an extension. to a non -conforming structure ......................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT the Special Permit as requested and hereby authorize the Building Inspector to issue a nerrnit to Francis D.i Nuccio. for the construction of the above work, based upon the followinb conditions: The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Signed �j ; T' WiliaSullivankairman . Walter Soule, -Vice -Chairman . Robert Ford • . . Scott Karpinsici '.. . ' ... ' ' .. .............................. Board of Appeals C!c ie G, 0 ifl ifl� lV t1:3 0i iilr 1'`;/(1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * Francis DiNuccio * DECISION 39 & 41 Milton Street * Petition #044-94 North Andover, MA 01845 * ******************************* The Board of Appeals held a regular meeting on Tuesday evening August 9, 1994 and continued to September 13, 1994 upon the application of Francis DiNuccio requesting a Special Permit under Section 9, Paragraphs 1 & 2 of the Zoning Bylaw so as to permit an extension to a non -conforming structure on the premises located at 39 & 41 Milton Street. The following members were present and voting: William J. Sullivan, Chairman; Walter Soule, Vice Chairman; Robert Ford and Scott Karpinski. The hearing was advertised in the North Andover Citizen on July 20 and 27, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Ford and seconded by Mr. Karpinski, the Board voted to grant the Special Permit as requested. The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Dated this 19th day of September, 1994 BOARD OF APPEALS William J. Sull'van d Chairman OF t,AORTIy 3�'� SQA �9SSACHUSE� . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * Francis DiNuccio * DECISION 39 & 41 Milton Street * Petition #044-94 North Andover, MA 01845 * ******************************* The Board of Appeals held a regular meeting on Tuesday evening August 9, 1994 and continued to September 13, 1994 upon the application of Francis DiNuccio requesting a Special Permit under Section 9, Paragraphs 1 & 2 of the Zoning Bylaw so as to permit an extension to a non -conforming structure on the premises located at 39 & 41 Milton Street. The following members were present and voting: William J. Sullivan, Chairman; Walter Soule, Vice Chairman; Robert Ford and Scott Karpinski. The hearing was advertised in the North Andover Citizen on July 20 and 27, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Ford and seconded by Mr. Karpinski, the Board voted to grant the Special Permit as requested. The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Dated this 19th day of September, 1994 BOARD OF APPEALS William J. Sull'van d Chairman V rr 0 9- 0 1 v 7 29 84. /0' EXIST. ADDIT.V120�/ y C �C r � O y v) L PORCH ; ------86.00 ° c� Z �njr C l� (o�O owl -4 �r��0 xy Oy a Z y y�v�i0 c� �n1y` 1 O �� n���Oy`Cy bN (d � ,� � O r y CZ' �yCO� OO C qM v�k ti n �1 X11°spy try � c� OZt `4 RECF1V':.D GAME- . L3KG Received by Town Clerk: TOWNCLERK NORTH ANDOVER TOWN OF NORTH ANDOVER,MASSACHUSWM 11 47 AM X34 RTHD OF APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant-T�A/JC S))/Atj 1 C UC1 D T9 Address 39 -H I M i'.Tdct> SE (" P,/`aitC '5-a I,C_1:± Tel. No. y 1), U 1. Application is hereby made: 1 a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph /-Y' of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. / y 2. a) Premises affected are land and building(s) numbered 1' �lL_� [. Dn 3 ,� Street. b) Premises affected are property with rontage on the North ( ) South ( ) East (�) West (ide of 11)LTD^) 2) 'T Street. Street, and known as No. 3 Cl -/- �/ / ) LT6A 1 S ✓ Street. C) Premises affected are in Zoning District ' and the premises affected have an area of ef7qo square feet and frontage of 115— feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): FRAOC s VZ)UCC)o SX Date of Purchase (�- -a 1 Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. building: front; feet deep; 4. Size of prop ed Height of= /(o feet. stories; a) Approximate date of erection: 'f_91I b) Occupancy or use of each floor: CIA P A E C) Type of construction: w oy 19 F_ igA7� 5. C. Has there been a previous appeal, premises? /U Cb If so, when? _ Description of relief sought on this ►2 r--nP LYu 6 59-T 9AC-k-/ under zoning, on these petition 7.. Deed recorded in the Registry of Deeds in Book Page _ Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) M E7 I agree to pay the filing incidental iexDensest/ 6 rtising in newspaper, and Sij'nature of Petitioner(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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 9 4 .e �o a ao N v.: bs0 a J(D V O Co 8410 EXIST. z t GA RAGE 17 i ADD T. I 'i 120111 s ` C k r y O � Z L PORCH � 1 85.00' y � S O ° N n r C ' 2 - fol 1 O � 1 85.00' y � 6 Zo sl it e .a S. y. S O ° N r ' 2 - 6 Zo sl it e .a S. y. j 4 T Received by Town Clerk: DANIEL tWN .+�i • jX NORTH AN'60VER TOWN OF NORTH ANDOV OF ER., M APPEALS 11 47 AN #94 BOARDAPPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applican 116CJC> Address 3g *N ► M i4Qa 0 'Jr Tel. No. '-l.')' S / O Cf 0 1. Application is hereby made: f a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. v 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. 2. a) Premises affected are land and building(s) numbered te 1_ _T D A ) 2 Street. b) Premises affected are property with rontage on the North ( ) South ( ) East (1) West ( with of )L7 -D^) :�) T Street. �-- Street, and known as No.� Street. / c) Premises affected are in Zoning District Al t and the V premises affected have an area of ef7tlo square feet and frontage of feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : _ F'RA10Ct3 U C C Z D S� Date of Purchase Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for variance/Special Permit required. r � 4. Size of propsed building:_ front; �_ feet deep; Height 1 6 stories; /lo feet. a) Approximate date of erection: b) Occupancy or use of each floor: C' A Q ( - c) Type of construction: _ w o v 19 5. Has there been a previous premises? A-) O If so 6. Description of relief sought i?FAP LI/o Sir /3,AC- appeal, when? _ on this under zoning, on these petition 7. Deed recorded in the Registry of Deeds in Book Page _ Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) -- i.2" x / 5S ' G AV A (, E 4 PV ) 'T / 0 /U J- --Z'N JUyP / b 6��- inADS ( ()ry u I agree to pay the filing incidental /eKpepsesy,� ertising in newspaper, and Si4nature of Petitioner(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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL ILOT INAME ADDRESS © ©3 I I I !t AAA I 1J) 6)CC l o t l %% i- Mi'C,.) S7`_ ABUTTERS MAP PARCEL LOT NAME ADDRESS pip 3) 0030 Q/e e u C +oEko Qlcd TA&Auer 3SMltToM 1 DO. tJcc r,bE 0 a fi 0 6-A D 1 I -T 6 c7 c- w & .I iao xQ c Q A,7dV4W—, 4' v 09 S C v LP?4GIC11-4 00 u - Llo m tG d fDOo2 -3 L TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Francis DiNuccio, Jr. 39-41 Milton Street North Andover, MA 01845 Dear Applicant: Date: July 10, 1994 Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 9.86 for the following: Filing Fee $ Postage $ 9.86 Your check must be made payable to the Town of North Andover anr3 may be sent to my attention at the Town Office Building, 120 "lain Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Cler' Francis DiNuccio, Jr. 39 & 41 Milton Street North Andover, MA 01845 Mary Church Veronica Tannert 35 Milton Street North Andover, MA 01845 Thomas & Mary Licciardello 49 Middlesex Street North Andover, MA 01845 James & Alice Deadder 29 Milton Street North Andover, MA 01845 Kevin Donovan 55 Pilgrim Road North Andover, MA 01845 Kevin C. Donovan 47 Milton Street North Andover, MA 01845 Thomas Ceplikas 38-40 Milton Street North Andover, MA 01845 Linda Bartashy 34-36 Milton Street North Andover, MA 01845 Kevin & Joanne Lee 48 Milton Street North Andover, MA 01845 John & Gail Munro 105 Middlesex Street North Andover, MA 01845 +JAA 0,, Ln GO cn a cr) 00 C) 4J 0 74 Ile I LO 4) co 0. CL > 0 c C 0 0 0 M Z 4� :ice -e flied i 'BORN ,S7`pS .. ►► �iCH0f'�l� ►YY^v'lt4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION September 19, 1994 Date .............. .............. Petition No.......044-94 ............. August 9, 1994 & Date of Hearing...SeptepbeT .13,, 1994 Petition of Francis DiNuccio......... .............................................................. Premises affected 39 & 41 Milton Street .......Milt ..Scree . Special Permit under Referring to the above petition for a Section 9, Paragraphs 1 & 2 of the Zoning Bylaw so as to permit, an extension. to a non-c.onformin.g .structure ......................... ........................................................................ After a public hearing given on the above date, the Board of Appeals voted to .. GRT ... the Special Permit as requested and hereby authorize the Building Inspector to issue a permit to Francis Di Nuccio. ........................• for the construction of the above work, based upon the following conditions: The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Signed J IlLiam J. Sulliva Chairman df�tq� Walter Soule, Vice Chairman• .. Robert Ford ... ..•............. Scott --Karpinski . ................................. Board of Appeals w cr)) Ln 'cr 00 C) 0)(1) c (1) to D (1) (]0 0. r > 0 0 < c 0 0 0 M �- Z 1 0 Llq Lr) 00 4-) --1 a) 0 0 61 0 -r-I -r-4 P4 Lr) Lr) ;ny appeal sha!1 be filed i e +r�i^ ('��' ci_I after L it. -ij:s ivc'Lice Oice oe J deo'°'' iH APRILT" ip 1 '►; sgciiub',' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION SE? 19 11 "3 W 'S4 September 19, 1994 Date .............................. .................... 044-94 Petition No. ..................... . August 9. 1994 & Date of Hearing ... September J3,. 1994 Petition of Francis DiNuccio ........................................................................ Premises affected 39 & 41 Milton Street Special Permit under Referring to the above petition for a Section 9, Paragraphs 1 & 2 of the Zoning Bylaw ..................... ............ ...... ......... so as to permit an extension. to a non -conforming .structur.e ......................... After a public hearing given on the above date, the Board of Appeals voted to .. GRA.N.T the Special Permit as requested and hereby authorize the Building Inspector to issue a permit to Francis Di Nuccio. ' for the construction of the above work, based upon the following conditions: The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming use to the neighborhood. Signe � • Wi liam J : Siva Chairman d�'�-� Walter Soule,- Vice - Chairman• . Robert Ford........ .........­ Scott-Karpinski . Scott•-Karpinsiri ........... .................................. Board of Appeals 71, Z --I co o 0 o zr OL > 0 0 Cl 0 CD < co eb C. M a 0 (n Z) �n C? OD ch 0 JD rm tj co Ln 0 Nj n-' LO 71, 1-4 11 OF kORTfi 9ti • O FO • - s SSA U5 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 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 the Town Building, 120 Main Street, North Andover on Tuesday evening the 9th day of August 19 94 , at 7:30 o'clock, to all parties interested in the appeal of Francis DiNuccio requesting a special Permit under Sec. 9, Paragraphs 1 & 2 of the Zoning By Law so as to permit an extension to a non -conforming structure on the premises, located at 39 & 41 Milton Street By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the North Andover Citizen on July 20 and 27, 1994 S 1�• '';'�^ ;.Ji $i i to film ciC2 This is to Wdiry that twenty (20) days na,te dap—set) from date of dedsion Mod without fillreg Joyce A. eraCshaw% icwvn Clerk .� 0 +/3 " cP . 9 /,•, 'ossACHu9``4•' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OG APPEALS NOTICE OF DECISION 1C I'7 SSP I � AIrrue Copy Tom Cie -9k September 19, 1994 Date........................... 044-94 Petition No........ ".............. . August 9, 1994 & Date of Hearing ... Septembe.r 13, . 1994 Per ion of Francis DiNuccio ................................................................. P ism c.: aiiected 39 & 41 Milton Street .......Milt..................................................... Special Permit under Referring to the above petition for a a ms`s �XM..Section 9, Paragraphs 1 & 2 of the Zoning Bylaw ................................... so as to oernut an extension to a non—conforming structure ......................... :after a public hearing given on the above date, the Board of Appeals voted to .. GRANT the Special Permit as requested and hereby authorize the Building Inspector to issue a .ter. t o Francis Di Nuccio. .............. •hc constnactic, of the Above work, based upon the following conditions: The Board finds that the applicant satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non—conforming use to the neighborhood. l�2 JAS 7TH C ij 1v-13- 9�" Signed/ > . Wi liam J: Sullivan; C�n .. Walter Soule,• Vice Chairman Robert -Ford ............. . . Scott -Karpinsk-i .................. . ..........I ...................... Board of Appeals 9 ZBA 08/09/94 Earl Zimmerman Special Permit 28 Edmonds Road The Legal Notice was read by Mr. Soule. Mr.Zimmerman represented himself requesting a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw so as to permit an extension of a non- conforming structure. Mr. Zimmerman stated he planned to extend the second floor dormer three feet over the shed area for approximately 8-9 feet in order and ox core espondencethe o received to uin a nursery. No on presentno opposition to this request. Upon a motion by Mr. Soule and seconded by Mr. Pallone, the Board voted unanimously to GRANT the Special Permit as the Board finds that the applicant satisfied the provisions of Section 9, Paragraph 9.1, 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially ure to more detrimental than the existing non -conforming neighborhood. WE_Reveloloment. Variance 1063 Salem Street The Legal Notice was read by Mr. Soule. Scott Giles represented the applicant requesting a variation of SEction 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ten feet for the rear setback requirement. Mr. Giles stated he erroneously laid out and certified the proposed survey building. The s error was found a month ago and was a simply Y No correspondence received and no one present in opposition to this request. Mr.Soule and seconded by Mr. Ford, the Boar Upon a motion by voted unanimously to GRANT the variance as requested. Thomas Zahoruiko Variance Lot 35 Hicko Hill Road The Legal Notice was read by Mr. Soule. Mr. Zahoruiko, the builder, represented himself requesting a variation of Section 7, Paragraph 3 and Table 2 of the Zoning Bylaw so as to permit relief of 2.7 feet for the front setback requirement. Mr. Zahoruiko cited an incorrect site reference point and believed the porch was in compliance. A corner of the porch encroaches on the front setback by 2.7 feet. No correspondence received and no one in attendance in opposition to this request. Upon a motion by Mr. Karpinski and seconded by Mr. Soule, the Board voted unanimously to GRANT.the variance as requested. Francis DiNuccio -Special Permit 39 & 41 Milton Street Frank DiNuccio, Jr. spoke for himself requesting a Special Permit under Section 9, Paragraph 1&2 of the Zoning Bylaw so as to permit an extension to a non -conforming structure on the premises located at 39 & 41 Milton Street. Mr. DiNuccio stated he plans to add a second stall to the now existing single car garage. Mr. Sullivan questioned if variances for the side and rear were also needed. It .was decided that Town Counsel would have to be contacted to make a ruling. 10 ZBA 08/09/94 Upon a motion by Mr. Ford and seconded by Mr. Pallone, the Board voted unanimously to CONTINUE the public hearing to September 13, 1994. CONTINUED PUBLIC HEARINGS Kenneth Rea S ecial Permit Chestnut Street Mr. Sullivan stated that the Board had visited this property. He also suggested that the Board request Mr. Rea to meet the bylaw before he digs any more. Mr.Soule asked if Mr. Sullivan was that the talking about the been five cleared. should be Sullivan seeded. Ad discussion portion that h � then ensued. Upon a motion by Mr. Soule and seconded by Mr. Pallone, the Board voted unanimously to GRANT the Special Permit as requested under the condition that the petitioner follow Section 5, Paragraph 5.4 of the Zoning Bylaw. Election of Officers Motion by Mr. Soule and seconded by Mr. Pallone to nominate William Sullivan as Chairman. Unanimous vote. Motion by Mr. Pallone and seconded by Mr. Ford to nominate Walter Soule as Vice -Chairman. n. Unanimous vote. Motion by Mr. Pallone and seconded by Mr. Ford to nominate Raymond Vivenzio as Clerk. Unanimous vote. The meeting adjourned ,at 1:10 a.m. William Sullivan, Vice-chairman ZBA 09/13/94 4 Upon a motion by Mr. Soule and seconded by Mr. Ford, the Board voted unanimously to GRANT the Special Permit as requested. Mr. Vivenzio not voting. Francis DiNuccio Special Permit 39 & 41 Milton Street Mr. Francis DiNuccio was present and appeared before the Board requesting a Special Permit to permit an extension to a non- conforming structure on the premises at 39 & 41 Milton Street. The Board finds that the applicant satisfied the provisions of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Upon a motion by Mr. Ford and seconded by Mr. Karpinski, the Board voted to GRANT the Special Permit as requested. Mr. Vivenzio not voting. At this time the Board decided that the site view to Mr. Mitchell's property at 188 Salem Street would be looked at individually. The meeting adjourned at 8:55 P.M. William J. Sullivan, Chairman S r� 0 0 W v i oo A 84. /0' (w, Ito C � r � o y 6 6. VV ,4� EX/ST. I GARAGE N cn /1Opy/ �N ADD/T. / 20% L PORCH J a N I� LM Z O n a a N I� LM Z O 00 vn rN EXHIBIT A Petition for Relief by Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio. Pro ert: 39 & 41 Milton Street, North Andover, MA (#7) Continued The principal points upon which the Petitioners base their application are as follows: (1) The Petitioners originally filed with this Board in July, 1994 for relief under Section 9 Paragraph I and 2 concerning the extension of a non -conforming structure on the premises - i.e. a garage on the premises. The Petitioners' proposal included plans to build an addition to the existing non -conforming garage. This Petition was approved by the Board in September, 1994. (2) Subsequently, the Petitioners pulled the needed building permit and began construction. While in the process of the construction, the existing wall of the garage was found to be in a substantially deteriorating condition, and indeed the entire wall collapsed. (3) As a consequence, the pre-existing non -conforming structure no longer exists. Thereby, the Petitioners wish to construct a new garage in the same location as the pre-existing non -conforming garage. As the non -conforming structure no longer exists, the Petitioners require side and rear yard setback variances. In support of this variance request, the Petitioners state as follows: (1) The proposed new garage shall be located in the same area and location of the previous garage which had been existing for substantially many years. (2) The shape and topography of the parcel essentially precludes placement of the structure at any other location on the parcel. (3) Granting the requested variances will not cause substantially more derogation from the intent and purpose of the zoning ordinance as the new, proposed garage will not encroach any further on the lot lines than the previous garage. (4) The Petitioners need a garage for their family, creating a substantial hardship as a consequence of the collapse of the previous garage. (5) Granting relief will not be detrimental to the public welfare. Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS C_ ©,�, EeTE,b NOTICE OF DECISION RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER O.c [2 I i 26 AM '9q F December 22, 1994 Date........... ................ Peritaon 062-94 1994 Date of Heang. December 13 .. . ri. Petition of Francis L. DiVuc.c o, Jr_.. and.Lynn. Ann DiNucci,o _ . Pre.ises ai;ecned 39-4i ;Milton Street ............. to the above petition for a var. aeon t.5ereauiremen:s of,b Section ?, ?ara=rash 7.3 and Table 2 of the Zoning Bylaw to permit a rear setback cf 0?3 feet and a side line setback of 9.55 feet on the premises located at 30 u;,tcn Street. GRANT After a cubic c �iveII on `. e above date, the Board of .-�ppes:s voted `,o the :ariance and hereby authorize the Building Inspector to saue a rancis L. DiNuccio, Jr. and Lyna Ann DiNUCCio for the cons*-.:c::on of _e above work, based upon tine .oUoAing conditions: :'he 3oard finds that the Detit_oner has satisfied the provisicns of Section 10, ?aragrapn 10.4 of the Zoning •law and that this variance may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Bvlaw. J:fired i William J. Sullivan, Chairman ;falter Soule, Vice -Chairman Raymond Vivenzio, Clerk Robert Ford John Pallone B d o f Appeais i121 i 1-41 ',. / JOYCE BED RAGS NAW TOWN CLERK *-• • / NORTH ANDOVER f NORrN Ap Sq - f 9 SSACNUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Francis L. DiNuccio, Jr. and * DECISION Lynn Ann DiNuccio * Petition 7062-94 39-41 Milton Street North Andover, MA 01345 * The Board of Appeals held a regular meeting on Tuesday evening, Dece:-ber 13, 1994 upon the application of Francis L. DiNuccio and Lvnn Ann Di:luccio requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw to permit a rear setback of 20 feet and a side line setback of 9.55 feet on the premises located at 39 & 41 Milton Street. The following members were present and voting: Mr. Sullivan, Mr. Soule, Mr. Vivenzio, Mr. Ford and Mr. Pallone. The hearing was advertised in the North Andover Citizen on Nove-ber 23 and 30, 1994 and all abutters were notified by regular mail. Upcn a :notion by R. Vivenzio and seconded by W. Soule the Board voted unanimously to GRANT the variances as requested. F The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the nublic good and without nullifying or substantially derogating the intent or purpose of the Zoning Bylaw. Da --ad this 22nd day of December, 1994. BOARD OF APPEALS, William J. Sfillivan, Chairman t 8 Zoning Board of Appeals Dec. -13, _ 1994 the plan. He questioned the in -ground pool. Mr. Scalise stated the pool must be 10 feet from the side lot line. It is compliance. The applicant's house is in the center. The applicant is billed three separate tax bills. When the applicant bought the property, these lots were buildable lots. Mr. Scalise stated that the next door neighbors, Mr. Laird and Mr. Beatty, were present this evening, but had to leave. He stated that these two neighbors were here to speak in favor of this request. R. Nicetta stated the plans correspondence in the file. opposition. are acceptable. There is no There is no one present in Motion by J. Pallone to grant the following variances: Lot #1 - front line variance of 20 feet; Lot # 2 - front line variance of 20 feet, (north side setback of 5 feet and (south) side setback of 8 feet; Lot #3 - front variance of 20 feet from the requirements of Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaw, second by R. Ford. Vote: unanimous. Voting in favor: Mr. Sullivan, Mr. Soule, Mr. Ford, Mr. Pallone, Mr. Karpinski. FRANCIS DiNUCCI - Variance - 39 & 41 Milton Street side and year yard setbacks. R. Vivenzio read the legal notice. Atty. Robert Auteri of 11 Turnpike Street addressed the board for the Petitioner. The petitioners originally filed with this board in July, 1994 for relief under Section 9, Paragraph 1 and 2 concerning the extension of a non -conforming structure on the premises, namely a garage. While in the progress of construction, the existing wall of the garage was found to be in deteriorating condition and the entire wall collapsed. Therefore, the pre-existing non- conforming structure no longer exists. The petitioners require side and rear yard setback variances. The proposed new garage shall be located in the same area and location of the previous garage which had been existing for 20-30 years. There is a foundation at the site. Mr. Nicetta stated the walls of the garage collapsed and the applicant needs approval from the Board to allow re -building of the garage on the existing foundation. Motion by R. Vivenzio to grant a rear setback variance of 20 feet and a sideline setback of 9.55 feet from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw, second by W. Soule. Vote: unanimous. Voting in favor: Mr. Sullivan, Mr. Soule, Mr. Vivenzio, Mr. Ford, Mr. Pallone. Registry of Deeds Northern District of Essex County Lawrence, MA 01840 O3/27/95 FRANCIS DINUCCIO AN # 16 Rec:time 0954 Type PLAN 16.OO Copies 1.50 # 17 Rec:time 0954 Type DEC5N 1O.00 TotAl �.82 # V9, Cash �.824 10 J. Burke 1,�a1vr' U//d'97/ C_' KIN