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Home My WebLink AboutMiscellaneous - 39 MILTON STREET 4/30/2018 (4)3C�- q ty);1ic"N 5k. �i I . III 11 klillf,114 ATT(MAY AT LAW SO SANDRA LANE NORTH ANDOVER, MASS. 01845 (617) 682-3636 BOARD OF APPEALS NOTICE February 12, 1981 Notice is- fferebY given that the Board of APPeal.s will give a hear- ing- at the Town Building, No�.—th Andover, On Monday evening the 9th day Of March 1981, at -7:30 P -m- O'clock, to 'all parties. in- terested in the appeal Of Francis L. DiNucciO and Lynn Ann Walley requesting a Special Per - 'nit under Section 4.122, Par. 14 of the Zoning BY -Law so as to permit the approval and con- tinued use of a third floor rental 01it on the premises, located at 39-41 Milton St. BY Order Of the Board of Ap- Peals. Frank Serio, Jr. Publish N.A. Citi,,,: Chairman February 19 and 26, 1981 86.80 2 N.A. Women 106.35 g , �Gloucester 102.70 2 Wresdifig 4 CAL Open 3 V.A. Varsity ist 6 Masconomet 2nd 01 Basketball I Merr. Worner W.N.E. Colic N.A. Men 39 - Hocki N. Readinj---44 N.A. VarsitY N,A. Women 43 Masconomet N� Reading 32 95 N.A. Varsity Merr. Men 85 Brooks New Haven 103 Merr. Merr. Men 83, Lowell Lo well OR -1 Q'-.' ... ILM CH TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS kill Arm -W -L& ff-mift-Q Fqbr�az7 12 ... 19 81 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. . 14qnd9.Y .... evening ........ the !.n#. day of ......... March 81 POMO 19. . . at74AbU&kwJtoYaMparties intereste&.in,-,,the_ appeal of ...... Francis. L.. Pillucci.o. and Lynn Ann.14allpy requesting a r. Section 40Z2, NW-. 14 Qf.tho. Zoning. By--Lawso. as. t.o.pexmit the. approval and contia ................ use. of a.third. f1bor.. rental. unit .......................................... ................... I ................................... on the pretnises, located at. -39 — 41. Milton. Street ....... ................................. ...... By Order of the Board of Appeals -Frank Serio, Jr.0 Chairman Publish K. A. Citizen: February 19 and 26, 1981 Send 5 proofs to.* Jean llhite� To-im Building Send bill to: Atty. Philip C,. Bateman 80 Sandra Lane No. Andover, I -lass. roWN OF OVER � NORTH ANDOVER MASSAC BOARD OF AFpEAI'S ; NOTICE NppTM P ,'TSACNUS� .. February 12, 1991 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building; North Andover, on Monday evening the 9th day i of March, 1981, at 7:30 P•m o'clock, to all parties in- terested in the appeal of Francis L. DiNuccio and Lynn Ann Walley requesting a Special Permit under Sec tion 4.122, Par. 14 Zoning By -Law so and s to pon- er- mit the approval Boor . tinued use of a third on the premises rental unit , located at 39 41 Milton St. By Order of the Board o APPeals. Frank Serio, Jr. Chairman Publish N.A• Citizen: February A. and 26, 1981 Q's y TOWN OF NORTH ANJi)OVER MASSACHUSETTS BOARD OF APPEALS . This application must.be typewritten RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE "OH T M FO 9 Y r �sswcH�St Francis L. DiNuccio Applicant Lynn Ann Walley Address 39-41 Miltor.St., No. And., MA 1. Application is hereby made (a) For a variance from the requirements of Section - , Paragraph of the"Zoning By -Laws. (b) For a Special Permit under Section Zoning By -Laws. 4.122 Paragraph 14 of the (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. (b) Premises affected are property with frontage on the North 115.00 , South 115.22 , East 84.10 , West 86.10 side of Milton Street, andknown as No. _N7- -Z1_ Street. _ - (c) Premises affected are in Zoning District R-4 , and the premises affected have an area of 9910+ and frontage of 11 feet. 3. Owndrship: (a) Name and address of owner (if joint ownership, give all names): Francis L. DiNuccio Lynn Ann Walley 39-41 Milton. Street, No. Andover, MA Date of purchase January 30, 1981 Previous owner Angela Basso (b) If applicant is not --owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) 4. Size of proposed building: front; feet deep. Height: stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 5.- Size of existing building:._.. 35 feet front; 42 feet deep. Height: 3 stories; 30 feet. (a) Approximate date of erection: 1927 (b) Occupancy or use of each floor: rental units, one per floor (3 floors). (c) Type of construction Frame 6.. Has there been a previous appeal, under zoning, on these premises? NO If so, when? 7. Description of relief sought on this petition Special permit for the specific approval of the third floor rental unit, previously and presently exisiting as a rented dutch flat apartment. 8. Deed recorded in the Registry of Deeds in Book 1242 Page 569 or Land Court Certificate No. Book Page i .i The principal points upon which I base my application are as follows: .(must be stated in detail). That the specific site is an appropirate location for such a use, structure or condition: that the use as developed will not adversely affect the neighborhood: that there will be no nuisance or serious hazard to vehicles or pedestrians: tnat adequate approprtate facilities will be provided for the proper operation of the proposed use: that the use will be in harmony wit t e general and intentof Efie by -taw: that the intended use is and has been the same for not less than 15 years: that there will not be exterior alter- ations. I agree to pay for advertising in newspa er d incidental expenses. (Petitioner's Si Sec. 1 APPLICATION70P31 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 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 fee sufficient to cover the cost of postage of all notices to all parties in interest. LIST OF PARTIES IN INTEREST NAME Agnes Mooradkanian Richard M. & DeNise Cochrane Dennis L. & Dorothy R Currier T. Karl & Florence A Wainwright Salvatore A. Messina James W. & Alice M. DeAdder George F. & Mary M. Church Frank E. Bartashy & Linda Powers Thomas A. & Allison Caplikas Kevin C. Donovan Anthony W. & Eleanor Lennon David R. & Joanne M. Howard Daniel J. & Marion F. Griffin Gordon M. & Joan D. Rokes Frank M. Cunningham Edward & Bernice M. Keisling Raymon & Gladys P. Mesiti Terry R. & Linda S. Stonecipher William L. & Glendys A. Phelan Marily M. Douglass Donald W. & Margaret M. Coan Leo J. & Rita J. Galt eazzi ADDRESS 3,15,16 Milton Street 12 Milton Street 19 Milton. Street 22 28 29 35 " 36 38-40 " 47-49 48 " 58 6& 40 Third Street 32 ti It 11 Richardson Ave. 15 "i 23 it if 29 " It 39 it 49 "' " 44 Sawyer Road ADD ADDITIONAL SHEETS IF NECESSARY s1. DINU6,,10-WALL EY NAME LIST OF PARTIES IN INTEREST Fred A. & Rose M. Arras James J. & Olive M. Regan G. Howard & Abbie L. Curry Michael A. & Ruth Ann Holzapfel Harold S. & Elaine E. Thornley John J. & Patricia M. Leahy Thomas H. Wilkinson & Ruth A. W. Johnson Peter. V. & Metto G. Inskeep John J. & Gail E. Munro Julius R. & Mary E. Pierog Donald M. & Delia H. Stobel Richard E. & Sharon A. Card Patrick J. & Marion J. Casey John & Anelia Aponovich `i John R. & Lillian S. Winning Michael J. & Jackly A. McVeigh ADDRESS Pilgrim Street 32 it if 36 it 50 it " it 90 Middlesex Street 98 it If 99 it" 105 If " 108 " 111-113 " 114 122 " 125 Lyman t 117 Lyman Street 103 " PAGE TWO :d : % •,vo c o �t�o ; tsss '• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION March 1 J 1 81 Date ........ _ .........9 9 Petition No....4 18.1 ............ Date of Hearing .... March .9,. .1981, Petition of ....... Francis L. DiNuccio and _Lynn. Ann.14alley ...... . . . . . ......... . . Premises affected ... ..... 39-4.1. Milton Street Referring to the above petition for a Special . Permit under Section 4.122 Par. 14 of the.Zonp g.By-Law, and pursuant to Section 10.31 ............ .......I ................... so as to permit .......... the. continued. use of. a_ third. floor dutch, flat. apartment. _ ......................................................................................... After a public hearing given on the above date, the Board of Appeals voted to ..DENY..... the ..... Special Permit ............. s� hereby aQ ae-the—Bui}ding inspeetep to isput PeFffiitto ................................................ Signed Frank Serio.,..Jr.,Cgian_ .......... _ Alfred. E.. Fri zelle.,..Esq, 1. Vice .Chairman .. Richard. J...Trepanie . Esq,.,. Clerk. . gi11iam, J....Sujlivan ................ Walter F. Soule .................................. Board of Appeals r Oe NORTF� 1ti O 9 �SSACHUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 19, 1981 Francis L. DiNuccio/Lynn Ann Walley 39-41 Milton Street Petition No. 4 - 181 Daniel Long, Town Clerk Town Office Building North Andover, Mass. Dear Sir: The Board of Appeals held a public hearing on Monday evening, March 9, 1981 upon the application of Francis L. DiNuccio and Lynn Ann Walley. The hearing was duly advertised in the North Andover Citizen on February 19 and 26, 1981 and all abutters were notified by regular mail. The following members were present and voting at the public hearing: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Walter F. Soule. The petitioner seeks a Special Permit pursuant to Section 10.31 of the Zoning By -Law to allow the use of a third floor dutch flat apartment at the premises located at 39-41 Milton Street. The petitioner, through counsel, introduced evidence showing that the apartment had been used by a prior owner as a dutch flat apartment for at least fifteen years. Further, the petitioner stated that there was adequate area on the premises for parking as required by the Bir -Law. The petitioner said that there would be no structural changes to the dwelling. Several abutters expressed opposition to the proposal, citing the lack of adequate off-street parking in the area, a congested street-, and a change in the character of the neighborhood from two-family units to multi -family units. A motion was made by Mr. Frizelle to grant the Special Permit as requested, and seconded by Mr. Soule. After discussion of the request by the Board and upon a vote, the motion failed to carry. The Board finds that the proposal will adversely affect the neighborhood and that adequate parking facilities in conformance with the By -Law cannot be provided. Further, the Board finds that the proposal is not in harmony with the intent and purpose of the By -Law in that it would alter the use in the neighborhood from two-family to a multi -family use. AEFljw Frank Serio, Jr., Chairman Je- 11144 J e /1� t [� �%:�" / •/ � ��'�''/ALV _ �'' O—z`--� �4 /{.t+.V "K'l Imo✓ �/`1., � 'YZ't.t (e'Y4.'Kii 4.4"vliL�.. l `� v�nv(,C,r✓l� G�n.,.1 �" -��{,c — Y�l .wr. ,✓� ,«•�,,L,�Jl�i-::�A' ��iL� FOR A SHORT' TERM GAIN FOR MR.DiNUCC'IO° THE TAXPAYERS OY THIS AREA MILL HAVE A PERMANENT VARIENCE FOR THREE 'TENEMENT' HOUSING. THERE ARE MANY LARGE HOMES IN 'THIS AREA THAT COULD BE CONVERTED INTO THREE APARTMENT HOUSES AND A VARIENCE 'FOR ONE MEANS A IENCE FOR ANY OTHERS WHO MAY APPLY. THESEO TENEMENT HOUSES WERE BUILT 65 TO 70 YEARS AGO ANI)- SEVERAL OF THEM EVEN NOW HAVE':NO GARAGES, MR. DiNUCCIOtS HOUSE HAS A ONE STALL GAR AGE , THE FORMER 'O 1 i R MADE TWD PARKING SPACES BESIDE THE HOUSE_; A MINIMUN OF TWO ADULTS TO AN APARTMENT MEANS 6 CARS AND NOCOFY STREET PARKING.--C.,�✓-�w-� I HAVE HAD TROUBLE. -FOR THE PAST TWO YEARS WITH NUMEROUS CARS FROM THESE TENEMENT HbUSES SINCE THEY PROVIDE NO OFF STREET PARKING FOR THEIR TENANTS. TIRE HAVE BEEN BIG BUSINESS VANS MCLAY'S FLORIST TRUCK, ROSEBUD FLORIST TRUCK, THE CAB OF A TRAC'T'OR TRAILER WHICH WAS LEFT RUNNING WHILE THE TENANT HAD LUNCH, LEFT ALL NIGHT OURSIDE MY HOUSE, A LARGE WRECKER ALSO LEFT OUTSIDE. MY HOUSE, AN OLD BLUE RESTED TRUCK LEFT' OUTSIDE MY HOUSE FROM FRIDAY NIGHT UNTIL MONDAY MORNING, AND THE TENANTS THEMSELVES USING THE ONE PARKING SPACE I HAVE FOR THEIR OWN USE. TWO YEARS AGO I HAD TO GO T'0 THE POLICE' IN AN ATTEMPT TO HAVE THESE VEHICLES REMOVED FROM OUTSIDE MY FRONT DOOR. I GOT LITTLE SATISFACTION. I WAS TOLD AS LONG AS A CAR WAS REGI"7TRQIIT�CDULD BE P RKED A� WHERE. I WAS ALSO TOLD 'BY MR. FOSTERATHAT TWO COMMERCIAL VEHICLES COULD BE PARKED OUTSIDE A HOUSE IN A RESIDENTIAL AREA . BECAUSE OF THE NUMEROUS CARS IN MR. D NUC'CIO1S HOUSE AND BECAUSE THEY MUST PARK ON THE ROAD:, I CANNOT TAKE A RIGHT HATS DTURN OUT VOF MY DRIVEWAY. HIS TENANTS PARK WITHIN A F00T OF THE END OF MY DRIVEWAY • I MU:T GO DON MILTON STREET, DOWN 'THIRD STREET AND UP MAIN STREET IF I AM GOING UP TOWN TO ANDOVER OR IN THAT' DIRECTION. I FIND IT AGGREVATING, A WASTE OF OUR: TIME AND A WASTE OF HIGH PRICED GASOLINE. 3S MY FAMILY HAS PAID TAXES At MILTDN STREET FOR 5f YEARS. UNTIL A FEW YEARS AGO PROPERTY RIGHTS WERE RESPECTED. BECAUSE Or CONGESTION ON THE STREET' F,R.OM CARS I CANNO LONGER PARK OUTSIDE MY OWN HOME. I DQ NOT WANT RESIDENTS FROM AREAS I N THE T N ZONED FOR ONE FAMILY HOUSES TO COME TO MILTON STREET: AND TURN IT' INTO = A BLIGHTED AREA WITH THREE TENEMENT' HOU ::ING, CONGESTED � PARKING AND' DEVALUATE OUR PROPERTY. 0- 2;�71,,CTaN .M-CRusr t-4< S7-tZceff eJfO We-/ ahs( a// netaLi�dz1� awe e��rre� -� oh�ar�� r�74� 667,'7Vv��e0 eIZ -�2 Llr1C aj 9 - 7-4s /1 gar �� Q �c r a /rz c 4� � '' 7`�� e 40 v —7 /z t Q12_ e vc �'�-25 4 crz v s s % t sZLi2� �jC er7Lc.� �i.iu� few 7-4cAe 4,1-.e rZ. c `r q 7` 7`t i wecAs ll` / lv 7 c l y e � �/I c i� !moo iz l �' �j �o D �,. %'t ��.. � �� •-c� �t i r� r?, %mac✓ 4 �7� PIz S r pM l Mrd R��t E R 7� SLC G,� h e U e en ah s/Y a y • 4 9 co 4 p 1C. zV 0 i+/ e/ "/m oL - I - 3 al No `ME � � wlv �: OM 0 T _ ,,.tea NORTH ANDOVER" S .:;::_ `• ;.:. � _� ,.,�._.:.� s-1V[ASSACYIUSETTS P�EAIS Oli'ICE" t :NoeTy 1 • - .o S �6 _ '�-Februa?y`1i oard o peals wi11'p"ve Lrk� at T0wii $uduig! j ver� .bn Vlon. :ev t yi98o cck:=iNy rquesting a nder Sectij .-ri ri�eomn�gBi ;thea p��on -tSl::vliiOrurank S blish4 N A� Citize February�9 and �b„198j r ' N C4 t t 1 ' a f. f 1 f � i 7 O TOWN OF NC;RTH A",')OVER „ MASSACHUSETTS BOARD OF APPEALS U� SACIIUS o ay ICE: This application must be typewritten o o AT FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE �o. Z 1%, Nuccio Applicant Ly Z alley Address 39-41 Milt.on,St., No. And., MA I. Application is hereby made (a) For a variance from the requirements of Section , Paragraph of the Zoning By—Laws. (b) For a Special Permit under Section 4.122 , Paragraph Zoning By—Laws. 14 of the (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. (b) Premises affected are property with frontage on the North 115.00 , South 115.22 , East West F6.10 side of Milton Street, and known No. ?-+ Street. (c) Premises affected are in Zoning District R-4 , and the premises affected have an area of 9910+ and frontage of 115-00` feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all names): Francis L. DiNuccio Lynn Ann Walley 39-41 Milton Street, No. Andover, MA Date of purchase January 30, 1981 Previous owner Angela Basso (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Lessee Other (explain) A. Size of proposed building: front; feet deep. Height: stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of construction: 5. Size of existing building: 35 feet front; 42 feet deep. Height: 3 stories; 30 —feet. (a) Approximate date of erection: 1927 (b) Occupancy or use of each floor: rental units, one per. floor (3 floors). (c) Type of construction Franie 6. Has there been a previous appeal, under zoning, on these premises? NO If so, when? 7. Description of relief sought on this petition Special permit for the specific approval of the third floor rental, unit, previously and presently exisiting as a rented dutch flat apartment. 8. Deed recorded in the Registry of Deeds in Book 1242 Page 569 or Land Couri Certificate No. Book Page 1 --ft w} The principal points upon which I base my application are as follows: .(must be stated in detail. 1'hat tt e. spo'ci f:i:c. site .is an appropircate location for such a use, structure or condition: that- the use. as developed will not advcrsely affect the neighborhood: that there will. he no nuisance or serious az rd to vehicles or pedestrians: tnat facilities will be provided for the proper operation of the proposed use: that the use will he>. in In rmony with the genc�r.a . and inten o : e By- w: t at t. a nten a use Is and has beer the same for riot less than 15 years: that there will not be exterior alter- ations. I�+a-grreee to pay for �advertising inn' Sec. 1 APPLICATION FORM errand incidental expenses. Petitioner's Signature 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 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 fee sufficient to cover the cost of postage of all notices to all parties in interest. LIST OF PARTIES IN INTEREST NAT -`E Agnes Moor.adkanian Richard M. & DeNi.se Cochrane Dennis L. & Dorothy R Currier T. Karl & Florence A Wainwright Salvat:or•e A. P,'ossina James W. & Alice N. DeAdder George F. & Yary M. Church Frank E. Eart:ashy & Linda Powers Thomas A. & Allison Capl.ikas ,`.;ev.in C. Donovan Anthony W. & Eleanor. Lennon David R. & Joanne N. Howard Daniel .3. & Harion F. Griffin Gordon M. & Joan D. Rokes Drank M. Cunningham i,dward & .Bernice M. Keisling Rayrr,on & Gladys P. mes i t i. Terry R. & Linda S. Stonecipher William L. & Glendys A. Phelan Marily D9. Douglass Donald W. & 1,1argaret M. Coan Leo J. & Rita J. Galeazzi 4 l;. ADD ADDITIONAL Sawyer Road SIiEETS IF NECESSARY(��`� ADDRESS 3,15,1.6 Milton Street 12 Milton Street 19 Milton Street. 22 " 2,9 29 , r 35 of or 36 38-40 47-49 48 58 „ 6E r 40 Third Street 32 tr ri 11 Richardson Ave. 15 r, 23 it 29 " to 39 if „ 49 4 l;. ADD ADDITIONAL Sawyer Road SIiEETS IF NECESSARY(��`� PLO ") K !�-raeflLc I 39-,qi IVI d fo� �r. . I fttj '�-Pcjo L- J,j tATEST_ �jC- 64 - 64 71 t , I C. I 4 i ' j 4 3 7 t ' " Dat of Pilin{' FAN ORTH DOVER T301RD OF API.— , T,S 1, ----- - _�`�� ,ate of hearing- ,� Dwte of approval ,¢� gip, � F-��.��rr.� t"�wa�• ['��,,, �_r':�r� �_��E � c Al, I. w `� i 1 i L ` ('• t i r� ' i tom_ '[ ��i �F 1 l i �1 l/ t� /JF �'._ : 4 A 1 i ?-N_ ({ ; (r~ �� i `� i .'� =i T"t-a L i -.i g _ rYT' �t + `I I'� G:;i )t, G l''"? �•:. 1 i - "t:.' t .�..`1' � +_- —L3!.} A �'l.�• r -j tom'>Y ---'" �. �:-�'Hv u: av `r , �� `,•� 1''+ :` �'• ,ci l N j`, � C' ;Y1 ! +'I 1 \ i t^N ia� �'� f f A k' � .? : :.7 4 r y' ,"� h+�t:� 4.-a �..�� K'Titi'_�% I �+.f � .. <- A -� `.� :J:^• � v A/ =. rr 1, , h A � � r i i ; `, - t `�. C, t ?C ._ /-71 _i!�.i1 `i--(_=�–�� !� C-: (,. - >,ro r: r. -(:• f r; r•: � ? , -< ', I j, k- P CI .-j L-