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HomeMy WebLinkAboutMiscellaneous - 39 MILTON STREET 4/30/2018 (3).......... Nz� New Garage Boa TOWN OF NOTH ANDOVER BOARD OF APPEALS ' NORTH NATinc Notice is hereby given that the Board of Ap- peals will hold a public hearing at the LI- BRARY/CONFERENCE ROOM of the Town Building, 120 Main Street, North Andover on TUESDAY the 13TH day of DECEMBER 1994, at 7:30 o'clock, to all parties interest- ed In the appeal of Francis L DlNucclo, Jr. and Lynn Ann DINuccio requesting a vari- ation of Sec. 7, Paragraph 3, Table 2 of the Zoning By Law so as to permit SIDE AND REAR YARD SETBACK NEW S. PROPOSED .GARAGE SHALL BE LOCATED IN THE SAME AREA AND LOCATION OF THE PREVIOUS GARAGE on the premises, located at 39 & 41 MILTON STREET. By Order of,the Board of Appeals William North Andov�er Citizen 11/23, 0i22tt an o m 9 ♦ 09q _ , i 9SSACMUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a LIBRARY / CONFERENCE ROOM public hearing at thex��x;� of the Town Building, 120 Main Street, North Andover on TUESDAY 19 94 , at 7:30 appeal of the 13TH day of DECEMBER o'clock, to all parties interested in the FRANCIS L. DiNuccio, Jr. and Lynn Ann Di Nureq°uesting a variation of Sec. 7, Paragraph 3, Table 2 of the Zoning By Law so as to permit SIDE AND REAR YARD SETBACKS. PROPOSED NEW GARAGE SHALL BE LOCATED IN THE SAME AREA AND LOCATION OF THE PREVIOUS'GARAGE. on the premises, located at 39 & 41 MILTON STREET By Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on NOVEMBER 23 and 30, 1994 _#7a�a-9y 4 Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. ► S14CHu9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 10Yf,E BRAG`.;�AW µORiH ARGOYER 4 U2 y� CORRECTED NOTICE OF DECISION Note: This decision is to correct a typographical error only in the prior decision dated 12/22/94, A Til 12 1995 so as to reflect the correct rear setback Date .P. • ... • • ..'. • .............. of 25 feet, not 20 feet. 062 94 Petition No...... - .............. . Date of Hearing. December . 1.3, ..1994 Petition of .. Franci.s . L,. piNuccio, . Jr... and. Lynn.. Di.Nuc.cio ................... Premises affected .. 3.974.1. Mil.ton..Str.eet........................................... Referring to the above petition for a variation from the requirements of the S.ec.... 7.,.. P.ara.. 7.3 and Table 2 of the Zoning Bylaw to permit a rear setback of 25. feet and. a. ai.de..li.ne..set.back. of. 9.55. feet .......................... )w6YVxUWfl............................................ After a public hearing given on the above date, the Board of Appeals voted to GitANt ' .... the Variances and hereby authorize the Building Inspector to issue a permit to Francis & Lynn DiNuccio The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that these variances may be granted without substantially derogating from the intent or purpose of the Zoning Bylaw. agree /G���t.�!/12 William J. —Sullivan,.... ran Walter Soule, Acting Chairman ..Robert. Ford. ................... . Scott Karpinski ............................ Board of Appeals 1Q�AM 3 v2 P�''i ******************************* Francis L. DiNuccio, Jr. and * DECISION Lynn Ann DiNuccio * Petition #062-94 39-41 Milton Street North Andover, MA 01845 ******************************* The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 upon the application of Francis L. DiNuccio and Lynn Ann DiNuccio requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw to permit a rear setback of 25 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 November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Raymond Vivenzio and seconded by Walter Soule the Board voted unanimously to GRANT the variances as requested. 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 public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this 12th day of April, 1995. BOARD OF APPEALS, �all WILLIAM J. SULLIVAN, C NOTE: THIS DECISION IS TO CORRECT A TYPOGRAPHICAL ERROR ONLY IN THE THE PRIOR DECISION DATED 12/22/94, SO AS TO REFLECT THE CORRECT REAR SETBACK OF 25 FEET, NOT 20 FEET. ******************************* Francis L. DiNuccio, Jr. and * DECISION Lynn Ann DiNuccio * Petition #062-94 39-41 Milton Street North Andover, MA 01845 ******************************* The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 upon the application of Francis L. DiNuccio and Lynn Ann DiNuccio requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw to permit a rear setback of 25 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 November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Raymond Vivenzio and seconded by Walter Soule the Board voted unanimously to GRANT the variances as requested. 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 public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this 12th day of April, 1995. ' BOARD OF APPEALS, WILLIAM J. SULLIVAN, C NOTE: THIS DECISION IS TO CORRECT A TYPOGRAPHICAL ERROR O_N_LY IN THE THE PRIOR DECISION DATED 12/22/94, SO AS TO REFLECT--T-H- E CORRECT REAR SETBACK OF 25 FEET, NOT 20 FEET. Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. IL 7 ql-q TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS CORRECTED NOTICE OF DECISION Note: This decision is to correct a typographical error only in the prior decision dated 12/22/94, A ril 12 1995 so as to reflect the correct rear setback Date ..P.... • • ..'• • . . . of 25 feet, not 20 feet. Petition No...0.627.94.. .............. . Date of Hearing. Dec ember . 1.3, ..1994 Petition of . Franci.s . L.. , Di Nu.cco, . Jr ... and. Lynn. Di.Nuc.cio................... . Premises affected 3,974.1. Milton—Street ........................................... . Referring to the above petition for a variation from the requirements of the S.ec.... 7.,.. Para.. 7.3 and Table 2 of the Zoning Bylaw to permit a rear setback of 2.5 feet and..a . s.ide.. line..set.back of .9..55. feet.. ....................... . z............................... ....................... I ............ I............................ After a public hearing given on the above date, the Board of Appeals voted to C-RAMT .. _ . the Variances and hereby authorize the Building Inspector to issue a permit to Francis & Lynn DiNuccio The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that these variances may be granted without substantially derogating from the intent or purpose of the Zoning Bylaw. Signed William J...Sullivan,, .r,an Walter Soule, Acting Chairman Robert . Ford . ...................... Scott Karpinski .............................. Board of Appeals Any appeal shall be filed. within (20) days after the date of filing of this Notice in the Office of the Town Clerk. . o• Aninn* ��► s, tags ;hys �cnuM , .,VV V.1.. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION R`0 "1 Joy oc 6RAc .Aw TOWN CLERK NORTH ANCOVEER v-� December 22, 1994 Date............................ 062-94 Petition No. ..................... . 994 Date of Hearing..December 13, ................ . Petition of Francis L. DiNuccio, . Jr.., and _Lynn Ann DiNuccio... . .............. I ....... Premises affected 39-41 Milton Street ................. .......................... .... . Referring to the above petition for a variation from the requirements ofu7s 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. sts�a6xbCY,peMMitx ....... .. ......................... ... .............................................................I....I.... After a public hearing given on the above date, the Board of Appeals voted to . GRANT the Variance and hereby authorize the Building Inspector to issue a permit Francis L. DiNuccio, Jr. and Lyme Ann DiNuccio for the construction of the above work, based upon the following conditions: 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 nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. \� Signed William J. Sullivan, Chairman Walter Soule, Vice -Chairman ....... Raymond Vivenzio, Clerk Robert Ford ..... .................. John Pallone .. Board of Appeals \_1 JOYCE GUC THAW T CL HK NORTM NOR AIND04dER OF 4 9H O 2 O p 15 AM, �9SSACHUSES 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ******************************* * Francis L. DiNuccio, Jr. and * DECISION Lynn Ann DiNuccio * Petition #062-94 39-41 Milton Street North Andover, MA 01845 * ******************************* The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 upon the application of Francis L. DiNuccio and Lynn Ann DiNuccio 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 November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by R. Vivenzio and seconded by W. Soule the Board voted unanimously to GRANT the variances as requested. 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 public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this 22nd day of December, 1994. BOARD OF APPEALS, William j.S llivan, Chairman -1 t-{ Lt C•`xa-�� n � rT n�, `,� r-'� t.t`_ +F s�.,.�\2 - 7 8 't.:- i `.tt 5-�iii�ittc..... �i ,.,. J to `':�11 -�, i� `�`�ry << ,s t1,. �,'t� tis �':4 M�.,ri^+<l.. 9 >. �, t.s•_ i j: !,..9 1 ai t-�P+, �.�.-1 i.i ix,ye � ;.`<?.1�; 5�ti!\>.;r+1:,�;�L tt.,` .��x;4..f 15p�2\ + .1jipl-} .} y.5 ' ti r ,t c i .{ x � � � i � t , :t ;' ty` '+ ii i +f-. •x .,l `\ { t tit�. - t'" �:c. '\. {:', x\ i. � r 1 -t f `+ .r, tx f. •i� - 1.. e t.a \T`5-i7t}-:T ' l i 1 Registry of Deeds Northern District of Essex County Lawrence, MA 01840 e 03/27/95 FRANCIS DINUCCIO AN # 16 Rec:time 0954 Type FLAN 16,00 ;_- Copies 1.50 # 17 Rec:time 0954 Type DECSN 10.00 i P 1 Postage C. Total Lv^7 82 j . e # 1Y Favfflent Cash Ci, g2 T THANK". `SOU! Thomas J. Burke Register of Deeds C.S/Ai.V Lisi,C Fro-t�CC 1��a1vr' U//a'97/� s �400 Received by Town Clerk: 7 �3 v7 eVON TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Francis L. DiNuccio, Jr. and Address 39-41 Milton Street, N. Andover, MA Lynn Ann DiNuccio Tel. No. 686-7496 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 3 and Table 2 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. 2. a) Premises affected are land X and building(s) X numbered 39 & 41 Milton Street Street. b) Premises affected are property with North ( ) South ( ) East ( ) West ( X) Street. Street, and known as No. 39 & 41 Milton Street. frontage on the side of Milton C) Premises affected are in Zoning District R-4 , and the premises affected have an area of 9,625 square feet and frontage of 115 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio Date of Purchase 2/1981 Previous Owner Basso/Ardizzone 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. 4. Size of proposed building: 24' front; 24' feet deep; Height 1 stories; 16' feet. a) Approximate date of erection: 1/95 ,,,. . r:; '�� b) Occupancy or use of each floor: garage c) Type of construction: wood frame 5. Has there been a previous appeal, under zoning, on these premises? yes If so, when?August, 1994; September, 1994. 6. Description of relief sought on this petition Side and rear yard setbacks 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book 1679 Page 195 The principal points upon which I base my application are as follows: (must be stated in detail) See attached Exhibit A. I a to p y the filing fee, ^advertising in newspaper-, and ne t ns s* I Ir 11 / '��►�t�,�l-�' p, �U��O ture of-3p%tition'er (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. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS -LABELS. ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTIES OF INTEREST SUBJECT PROPEF MAPPARCEL LOT 31 1 0031 NAME Francis L. cio ADDRESS 39 & 41 Mi] EXHIBIT A Petition for Relief by Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio. Property: 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 1 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. Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Francis L. DiNuccio, Jr. and Address 39-41 Milton Street, N. Andover, MA Lynn Ann DiNuccio Tel. No. 686-7496 1. Application is hereby made: a) For a variance from the requirements of section- --!-Paragraph-4Ih and Table 2 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. 2. a) Premises affected are land x and building(s) x numbered 39 & 41 Milton Street Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( x) side of Milton Street. Street, and known as No. 39 & 41 Milton Street. C) Premises affected are in Zoning District R-4square , and dithe premises affected have an area of eet and frontage of 115 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio Date of Purchase 2/1981 Previous Owner Basso/Ardizzone 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. 4. Size of proposed building: 24' front; 24' feet deep; Height 1 stories; 16' feet. a) Approximate date of erection: 1/95 b) Occupancy or use of each floor: garage c) Type of construction: wood frame 5., Has there been a previous appeal, under zoning, on these premises? yes__ If so, when?August, 1994; September, 1994. 6. Description of relief sought on this petition Side and rear yard setbacks 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book 1679 Page 195 The principal points upon which I base my application are as follows: (must be stated in detail) See attached Exhibit A. the filing fee, advertising in newspaper, and 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. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS' -LABELS. . .r ° ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTIES OF INTEREST SUBJECT PROPERTY ADDRESS NAME EL.EDiNEucEcio],Jr. E��' KEnffj!E Francis & L nn A 39 & 41 Milton Street DiNuccio • ABUTTERS ADDRESS MAP PARCEL LOT NAME 35 Milton Street, N. Andover, MA 31 0030 Mar Church & Veronica Tannert Thomas & Marilyn Licciardello 99 Middlesex Ave., N. Andover, MA 31 0033 James & Alice DeAdder 29 Milton Street, N. Andover, MA 31 0029 Glen & Catherine Johnson 55 Pilgrim Street, N. Andover, MA 31 0044 David & Judith Gabriel 44 Franklin Street, Reading, MA 31 0032 James & Christianne Humphrey 0 Pilgrim Street N. Andover MA 31 0036 Thomas Cepukas 8-40 Milton Street N. Andover. MA 31 0022 Linda M. Bartashy 4-36 Milton Street N. Andov 31 0023 Kevin & Joanne Lee 8 Piilton Street N. Andover MA 31 0053 EXHIBIT A Petition for Relief by Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio. Propert : 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 1 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. COW Received by Town Clerk: Nov 17 3 147' TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Francis L. DiNuccio, Jr. and Address 39-41 Milton Street, N. Andover, MA Lynn Ann DiNuccio Tel. No. 686-7496 1. Application is hereby made: C) For a variance from the requirements of Section 7 Paragraph 3 and Table 2 of the Zoning Bylaws. For a special Permit under Section Paragraph of the Zoning Bylaws. As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. Premises affected are land X and building(s) X numbered 39 & 41 Milton Street Street. Premises affected are property with North ( ) South ( ) East ( ) West (x) Street. Street, and known as No. 39 & 41 Milton Street. frontage on the side of Milton Premises affected are in Zoning District R-4 , and the premises affected have an area of 9,625 square feet and frontage of 115 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio Date of Purchase 2/1981 Previous Owner Basso/Ardizzone 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. 4. Size of proposed building: 24' front; Height 1 stories; 16' feet. a) Approximate date of erection: 1/95 24' feet deep; b) Occupancy or use of each floor: garage C) Type of construction: wood frame 5. Has there been a previous appeal, under zoning, on these premises? yes If so, When?August, 1994; September, 1994. 6. Description of relief sought on this petition Side and rear yard setbacks 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book 1679 Page 195 The principal points upon which I base my application are as follows: (must be stated in detail) See attached Exhibit A. I a to p y the filing fee, advertising in newspaper, and ture of-3p'ktition1er(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. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS. ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTIES OF INTEREST ci ire icr--r Dpr)PPRTY''` V%JLj%j1—v t a a .v. MAP IPARCEL JLOT INAME ADDRESS 31 0031 Francis L. DiNuccio Jr. & Lynn Ann 39 & 41 Milton Street DiNuccio lb A 1) 1 1 T -r 1= M 0 MAP PARCEL LOT NAME ADDRESS 31 0030 Mary Church & Veronica Tannert 35 Milton Street, N. Andover, MA 31 0033 Thomas & Marilyn Licciardello 99 Middlesex Ave., N. Andover, MA 31 0029 James & Alice DeAdder 29 Milton Street, N. Andover, MA 31 0044 Glen & Catherine Johnson 55 Pilgrim Street, N. Andover, MA 31 0032 David & Judith Gabriel 44 Franklin Street, Reading, MA 31 0036 James & Christianne Humphrey 0 Pilgrim Street N. Andover MA 31 0022 Thomas Cepukas 8-40 Milton Street N. Andover MA 31 0023 Linda M. Bartashy 4-36 P4ilton Street N. Andove MA 31 0053 Kevin & Joanne Lee 8 Milton Street N. Andover MA I � i I I i i EXHIBIT A Petition for Relief by Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio. PropertX: 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 1 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. R Lj '. A NORTH 60 11 Nov 17 3 47 fP'54 Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Francis L. DiNuccio, Jr. and Address 39-41 Milton Street, N. Andover, MA Lynn Ann DiNuccio Tel. No. 686-7496 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 3 and Table 2 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. 2. a) Premises affected are land X and buildings) X numbered 39 & 41 Milton Street Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( X) side of Milton Street. Street, and known as No. 39 & 41 Milton Street. C) Premises affected are in Zoning District R-4 , and the premises affected have an area of 9,625 square feet and frontage of 115 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio Date of Purchase 2/1981 Previous Owner Basso/Ardizzone 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. 4. Size of proposed building: 24' front; 24' feet deep; Height 1 stories; 16' feet. a) Approximate date of erection: 1/95 b) Occupancy or use of each floor: garage c) Type of construction: wood frame 5. Has there been a previous appeal, under zoning, on these premises? yes If so, when?August, 1994; September, 1994. 6. Description of relief sought on this petition Side and rear yard setbacks 7. Deed recorded in the Registry of Deeds in Book Page _ Land Court Certificate No. Book 1679 Page 195 The principal points upon which I base my application are as follows: (must be stated in detail) See attached Exhibit A. I a o p y the filing fee, advertising in newspaper, and nci e t �Utzi0 ignkure o�Jt)ttitionler (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. PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS,z%ABELS. ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTIES OF INTEREST SUBJECT PROPERTY::. MAP PARCEL LOT NAME E39 RESS 31 0031 Francis L. DiNucciEE& Enn 41 Milton Street DiNuccio EXHIBIT A Petition for Relief by Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio. Property: 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 1 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. IF MORE: THAN 20 NAMES PROVIDE 2 SETS E.ABELS . PRINT CLEARLY OR TYPE USING BLACK INK. ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTIES OF INTEREST SUBJECT PROPERTY ln3l PARCEL LOT NAME ADDRESS 0031 Francis L. DiNuccio Jr. & L nn Ann 39 & 41 Milton Street DiNuccio 31 1 0036 31 0022 31 10023 I 31 0053 NAME Mary Church & Veronica Tanner Thomas & Marilyn Licciardello James & Alice DeAdder Glen & Catherine Johnson pDavid& Judith Gabriel & Christianne Humphrey ASe.,,M. Bartashy Kevin & Joanne Lee ADDRESS 35 Milton Street, N. Andover, MA 99 Middlesex Ave., N. Andover, MA 29 Milton Street, N. Andover, MA 55 Pilgrim Street, N. Andover, MA 44 Franklin Street, Reading, MA 0 Pilgrim Street N. Andover MA 8-40 Milton Street N. Andover, 4-36 Milton Street N. Andove 8 Milton Street,_N. Andover. MA ABUTTERS MAP PARCEL SLOT 31 0030 31 0033 31 0029 31 0044 31 1 0036 31 0022 31 10023 I 31 0053 NAME Mary Church & Veronica Tanner Thomas & Marilyn Licciardello James & Alice DeAdder Glen & Catherine Johnson pDavid& Judith Gabriel & Christianne Humphrey ASe.,,M. Bartashy Kevin & Joanne Lee ADDRESS 35 Milton Street, N. Andover, MA 99 Middlesex Ave., N. Andover, MA 29 Milton Street, N. Andover, MA 55 Pilgrim Street, N. Andover, MA 44 Franklin Street, Reading, MA 0 Pilgrim Street N. Andover MA 8-40 Milton Street N. Andover, 4-36 Milton Street N. Andove 8 Milton Street,_N. Andover. MA PRINT CLEARLY OR TYPE USING IBLACK INK. ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP PARCEL LOT NAME �ADD�RESS 31 0031 Francis L. DiNuccio Jr. & L�.A41 Milton Street DiNuccio ABUTTERS MAP PARCEL LOT 31 0030 31 0033 31 0029 31 0032 31 0036 31 0022 31:::4 0023 31 0053 Thomas & Marilyn Licciardello James & Alice DeAdder Glen & Catherine Johnson David & Judith Gabriel ames & Christianne 'nomas Cepukas Inda M. Bartashy :evin & Joanne Lee (J eJ o ._ .,`R �s`!;r L � .. � / Kai Y .� �i: 1'• ^Z?''PK3"�*'#" 1 d� ADDRESS 35 Milton Street, N. Andover, MA 99 Middlesex Ave., N. Andover, MA 29 Milton Street, N. Andover, MA 55 Pilgrim Street, N. Andover, MA 44 Franklin Street, Reading, MA 0 Pilgrim Street N. Andover MA 8-40 Milton Street N. Andover 4-36 Milton Street N. Andove 8 Milton Street, N. Andover, MA } � 4 -1N14 1K 1. Z Q-1_ _ _ Z o 0 o :r CL > 0 0 D = - CL > 0 < CD co m C. go CA En (n OD Z. CP pd t -n t::i (D t-- 0 A) 4-1 CL FJ- �t CL tj " OrQ 43 q, C-4 Fl - rt 141 pd t -n t::i (D t-- 0 A) 4-1 CL FJ- �t CL tj " OrQ 43 q, C-4 Fl - rt �. i Any appeal shall be filed. within (20) days after the date of filing of this Notice in the Office of the Town Clerk. �� M1K7r •' Baas \tor•.._. << TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION R EC Ei='t JOYCE EttACa; AW TOWN CLERK NORTH ANDOVER i1 "C LL t i 3 ` `y December 22, 1994 Date....... .................... 062-94 Petition No. ..................... . 994 Date of Hearing. December 13, .. Petition of Francis L. DiNuccio,.Jr._ and.Lynn. Ann.DiNuccio ......................... Premises affected 39-41 Milton .Street ................................................. . Referring to the above petition for a variation from the requirements of4hg 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. so:Xffix4o{pe1X ............................ . . ......................... ............. After a public hearing given on the above date, the Board of Appeals voted to . GRANT the Variance and hereby authorize the Building Inspector to issue a permit to Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio for the construction of the above work, based upon the following conditions: 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 nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. DEC z 81994 U BOARD OF APPEALS Signed William J. Sullivan, Chairman Walter Soule, Vice -Chairman ......... Raymond Vivenzio, Clerk Robert Ford John Pallone ...................... Board of Appeals 0 4 H� "MOLT" �, + f.. tags : • Any appeal shall be filed. s ►.� �+cnu within (20) days after the date of filing of this TOWN OF NORTH ANDOVER Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION RECEIVED JOYCE BRAD�HAW TOWN CLERK NORTH ANDOVER D^c 12 6 `9y December 22, 1994 Date............................ 062-94 Petition No. ...................... 994 Date of Hearing. December 13, . . Petition of Francis L. DiNuc.cio, Jr.. and. Lynn. Ann DiNuccio Premises affected 39-41 Milton Street .. ..... I ............................ Referring to the above petition for a variation from the requirements of4h: 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. saxMx0MpsMix ... ... 11 1.1— ......................... .... .. .............. ...... ......................... After a public hearing given on the above date, the Board of Appeals voted to . GRANT the Variance and hereby authorize the Building Inspector to issue a permit Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio a for the construction of the above work, based upon the following conditions: 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 nullifying or substantially derogating from the intent or purpose of the Zoning Bvlaw. Signed William J. Sullivan, Chairman Walter Soule, Vice -Chairman Raymond Vivenzio, Clerk Robert Ford . .. ....... .................. John Pallone Board of Appeals NORTN OF 4f�E0 iE q�O 32 yE OL o 44 Y SA CERUSES,( TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio 39-41 Milton Street North Andover, MA 01845 * ******************************* RECE VE % JOYCE BRAC -HAW TOWN CLEP,K NORTH ANDOVER nc CZ i► i6 �►r `�y DECISION Petition #062-94 The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 upon the application of Francis L. DiNuccio and Lynn Ann DiNuccio 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 November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by R. Vivenzio and seconded by W. Soule the Board voted unanimously to GRANT the variances as requested. 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 public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this 22nd day of December, 1994. BOARD OF APPEALS, William J. S llivan, Chairman