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Home My WebLink AboutMiscellaneous - 42-44 CHURCH STREET 4/30/2018 Tel. r CHu pctl sT . J C ��y �. o r � vz +r'l9 Legal Notice. TOWN OF NORTH ANDOVER BOARS OF APPEALS NOTICE NORTH 1 4,0 OL A 1O A • i., ' 31 +F off+ y^`mow �1S'I C14U August 20,1984 Notice is hereby given that the BOARD OF APPEALS willgive a hearing at the Town Building, North Andover,, on, Monday evening, the 17th day of September;`j 984 at 7:30,p.m. to all parties interested in the ap- peal of.JOHN J. ENRIGHT re- I questing a,variation of Section 7, Paragraphs 7.1, 7.2, 7.3 and Table 2 of the Zoning By Law so as to permit relief from the area, frontage, and setback re- quirements to allow the division of a lot into two lots on premises located at the West side of Church Street and East side of Garden Street known as 42-44 Church Street. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman Publish N.A.Citizen:August 23 and 30,1984 AOWTH O 9 a i, ,.J' • ,SSACHUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 20 , 1984 Notice is hereby given that '.the BOARD OF APPEALS will give a Bearing at the Town Building, North Andover ' on Monday evening, the 17th day of September, 1984 at 7: 30 p.m. to all parties interested in the appeal of JOHN J. ENRIGHT requesting a variation of Section 7 , Paragraphs 7. 1, 7. 2 , 7. 3 and Table 2 of the ZoningBy Law so as to permit relief from the area , frontage , and setback requirements to allow the division of a lot into two lots on premises located at the West side of Church Street and East side of Garden Street known as 42-44 Church Street. By Order of the Board of Appeals By: Frank Serio, Jr. , Chairman Publish: NOrth Andover Citizen Au Send bill to: Atty. Dom Scalise Q 89 Main St. No. Andover, Mass . fly V r St. A) Garden St. � '' CHURCH (40 STREET wide) Merrimack St o`c - - 77.3 � 7735 S.F. 17' LOCUS PLAN SCALE /"=1000' 27 VARIANCE PLAN LOCATED IN EXISTING W.E. NORTH ANDOVER D,WELL/NG PREPARED FOR N/F THORNTON N/FABOUNADER JOHN J. ENR/GHT M REV./0/2218 ° SCALE 111201 8//6/84 rn 14 S.L.GILES R.L.S. LAWRENCE,MASS. 20 40 60 exist.gar. � r, r►� PLAN /3/7NER.D. 8' I 8' 73.2 -- -'-N 41-12-23E -:--N40- 48-130E 79.02 - 44. 67 ` I � ' I 30' TOT. AREA =8426S.IF PLAN 058/ NERD. � � O Q) PLAN2447N.E. .D. 2 ;Z W N/F Mc PHEE Q) o N/F MAXWELL C) PROP. 48 X 28'F nd. 3 M O N Q 4 28` j N 4/-20-30E 119.6I - - ` —365.5/to Main St. GARDEN (40'wide) STREET APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOTREQUIRED NO A RJQFAPPEALS NORTH ADOV.R PLANNING BOARD. 77 0 - �a d/ date PLAN FILED: o _k HEARING DATE: - PL A N APPROVED: if ZONING DIST. R-4 NOTE: THE EXIST/NG FRONT SETBACKOFFSETS 100"FRONT. ONGARDENST. AVERAGE 30'FRONT&R l5'SIDE 12,500S.F. NORTH O�t«�° 6Ati0 °� OFFICE OF HIGHWAY SURVEYOR F°. p 384 OSGOOD STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 WILLIAM A.CYR TELEPHONE 685-0950 Highway Surveyor August 17, 1984 Frank Serio, Jr. , Chairman Board of Appeals 120 Main St. North Andover, Ma. Re: Garden St. Driveway Dear Frank: This letter is to acknowledge that I am aware of the intent to enter a driveway to Garden St. , from the property of John Enright, if a variance is approved. This driveway entry to Garden St. would not be a problem to this department. However, services provided by the Highway Dept. would be limited to Garden St. , as it is situated presently, and the maintenance and upkeep of the driveway would be the sole responsibility of the owner of the property. Very truly yours, �l0Apz..-.m.. Clyo�. William A. Cyr Highway Surveyor WAC/m /b9 Ile 1 �t. o � 7 oil jv :Z fnd r Fes,�'come yya.• E NonT. RCCEIvI;p Any appeal-shall be filed DANIEL Lobo . A.�IL7TM TOWN within (20) days after the date of filing of this Notice XCATH ANDOVER � `SACMUg � '`•�*•��'` OCT Zs in the Office of the Town �� 23 AM �SgrowN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . Q9tO1?er ,22, 19$4 , Petition No.. . . .4.4-.'.8 4 Date of Hearing. .September 17 , 1984 Petition of . . . . , . . JOHN .ENRIGHT.._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . 42-44. Church. .Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .Zoning. By. . Law . . . . S.ection. .7.,. .Pa.rag.raphs. 3. 1.,. . .7...2.,. .7...3 . and. Tab.le. .2 . . . . . . . . . . . . . . . . . . . . . so as to permit .relief . from .th.e . area.,. . f.ron.tage , . and .se.tba.ck. requirements _._. . . . . to . allow. the. .div.is ion. of. .a . lot. into . two. .lots . . . . . . . . . . . . . . . . . . . . . . . . . - After a public hearing given on the above date, the Board of Appeals voted to . .Grant the variances . . . . and hereby authorize the Building Inspector to issue a permit to .construct .a. two. .family . dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. That the parking area be moved so that it does not face the property N/F of Maxwell but rather that it be adjacent to the proposed dwelling. 2 . That the plan be revised to show 4 parking spaces rather than the 6 as shown on the plan for the parcel on Garden St. 3. That the revised plan be Signed submitted to the Board for signature . . . . . . . . , Alfred, E, , Frizel,le,. .Esq . ,. .Vice Chair Richard J.Tr�panier, Esq.. , Clerk -- . William _J.. .Sullivan. . . . . . . . . . . . . . . Walter, F, . Spule. . . . , . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals ' REcEivEa ,,°RTM DANIEL L NG • °� Any appeal shall be filed ..N. ° TORN GI_rRK F p within (20) days after the 'NORTH ANOOVER date of filing of this Notice -� in the Office ° of the Town Oct 16 , .w_ 10 33 AM �8� �',$CHu;.t� Clerk. TOWN OF NORTH ANDOVER _ MASSACHUSETTS BOARD OF APPEALS October 22, 1984 Mr . Daniel Long, Town Clerk Enright, John Town Office Building 42-44 Church Street North Andover , Mass . Petition No. 44- ' 84 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, September 17, 1984 upon the application of John Enright . The hearing was advertised in the North Andover Citizen on August 23 and 30, 1984 and all abutters were notified by regular mail . The following members were present and voting: Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; Augustine W. Nickerson; and Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraphs 7.1, 7.2, and 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the area, frontage, and setback require- ments of the Zoning By Law to allow the division of a lot into two lots on premises located on the West side of Church Street and the East side of Garden Street , known as 42-44. Church Street , located in the Residential-4 (R-4) zoning district . Counsel for the petitioner testified that the lot in question is "L" shaped. The proposal is to divide the lot, thereby creating a _ . . lot on Church Street consisting of 7, 735 square feet with 77 feet of frontage and a lot on Garden Street consisting of 8, 426 square feet with 119 feet of frontage . Area, frontage, and setback variances are requested for the lot and the two family dwelling and detached garage on Church Street and only an area variance is requested for the parcel on Garden Street. Since the property is located in the R-4 zoning district, an average front setback of 11 feet is permissable and therefore proposed. Further testimony revealed that the applicant proposes to con struct a two family dwelling on Garden Street if the petition is granted. There are several two and multi family dwellings and undersized lots in the neighborhood. r RECEIVED • DANIEL LONG - —- - TOWm CLERK NORTH ANDOVER John Enright - OCTq Petition No. 44- ' 84 O49 � ,8� October 22, 1984 _ Page 2 A number of abutters attended the hearing. The proposed parking area as shown on the plan was the subject of objection. Upon a motion made by Mr . Nickerson and seconded by Mr . - Trepanter , the Board voted unanimously to take the petition under advisement . - The Board rendered a decision on Monday evening, October 15, 1984 with Members Frizelle, Trepanier , Sullivan and Soule present and voting . Upon a motion made by Mr . Trepanier and seconded by Mr . Soule, the Board voted unanimously to grant the variances subject to the following conditions: 1. That the parking area be moved so that it does not face the property N/F of Maxwell but rather that it be adjacent to the proposed dwelling. 2. That the plan be revised to show four ( 4) parking spaces ratherthan the six ( 6) as shown on the plan for the parcel on Garden Street . 3. That the revised plan be submitted to the Board for signature. In granting the petition, the Board finds that Section 10. 4 of the - Zoning By Law has been satisfied. In particular , the Board finds that a literal enforcement of the provisions of Section 7, Paragraph 7. 1 would create a financial hardship to the petitioner . Further , the Board finds that the variances from Section 7, Paragraphs 7. 2 and 7. 3 as requested for the existing dwelAing and garage and the frontage on Church Street may be granted without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Said variances , in the opinion of, the Board, may be granted without creating a detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS 0-4�'S-L 4,R-- Alfred Alfred E Frizelle, Esq. , Vice Chairman 7w (plan to follow) Received by Town Clerk ; +�•'"•� '," Date : ,. .. TOWN OF NORTH ANDOVER, MASSACHUSETTS CE}/ED BOARD OF APPEALS ti�ti;,"i'• ' ' Time - 1.� ;� i. L 0.3I3 " This application must be typewritten APPLIIoONITO � ,E� EF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant John J. Enright Address 42 Church St. ,No.Andover,MA 1 . Application is hereby made 7.1,7.2 (a ) For a variance from the requirements of Section 7 Paragraph &7.3 and Table 2 of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected are land X and building(s ) X numbered 42-44 Church Street . ( b ) Premises affected are property with frontageIont 'he(21�orYget(s ) South ( ) East ( ) West ( X) side of church St. and East side of Street and known as No Stree St. , 42-44 Church ( c) Premises affected are in Zoning District R-4 and the premises affected have an' area of 16,026 square feet and frontage of 119.61 squape feet . on Garden STreet and 77.3 feet on Church Street 3. Ownership ( a) Name and address of owner ( if joint ownership , give all names ) : John J. Enright, William F. E nriaht and Thomas Enright Date of purchase July 28,1981 Previous- Owner Thomas and Maureen Bierman ( b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4. Size of proposed building : 48' front ; 28' feet deep ; Height : 2 stories ; N.T.E. 35 feet. (a ) Approximate date of erection : soon as possible ( b ) Occupancy or use of each floor : Residential -two (2) familu (c) Type of construction : Wood frame 5 . Size of existing building : 33 ' feet front ; 46 ' feet deep ; Height : 2 stories ; feet . (a ) Approximate date of erection : 1925 approx (b ) Occupancy or use of each floor : Residential (c) Type of construction : wood frame 6 . Has there been a previous appeal , under zoning , on these premises ? No y_ If so , when? 7 . Description of relief sought on this petition Divide the parcel into two (2) lots,one fronting on Church St. and one fronting on Garden Street each with less than required area. Also, the existing structures would require side, rear and fiontage variances. 8. Deed recorded in the Registry of Deeds in Book 1644 Page 20 or Land .Court Certificate No . Book Page The principal points upon which I base my application are as follows : (Must be stated in detail ) The area is a neighborhood of small lots. The new requested lots are greater in size than many lots in the area. The only variance needed for the iiFw lot on Garden St. is for the area. The remaining variances needed a4f?Ke old existing structures which are otherwise valid, nonconforming structures. Due to the shape of my lot, it would be a hardship if the variance were denied. Division of the lot would not be detrimental to the area nor derogate from the intent of tne by-law, Also, the lot to be built upon is now used as a dumping ground. I agr a to pa for advertising in newspaper and incidental expenses* �A Petitioner ' s Signature Sec. 1 . AP LICA ON FO 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 in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list- 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 charge cost in the amount of $25 . 00 . In addition , the petitioner shall be respon - sible for any and all costs involved in bringing the petition before the Board . Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address ✓`Dorothy G. Abounader 32 Church Street Harold H. Wright 30 Church Street Trinitarian Congregational Church of North Andover 72 Elm Street '--Edward T. Maxwell 25 Garden Street ✓ William and Margaret Morton 13 Garden Street Harold J. McPhee 63 Water Street v"C.iarles Breen 35 Merrimack Street ✓John and Constance Cronin 23 Merrimack Street �� v ,/Raymond and Gertrude Paradis 22 Garden Street "A ✓ Ralph and Priscilla Thornton 48 Church Street 1 Allen & Barbara Gesing 17 Merrimack Street Carl and Stephanie Gignac 12 Garden Street P4 . "l o rr-, ( Use additional sheets if necessary)