HomeMy WebLinkAboutMiscellaneous - 472 MASSACHUSETTS AVENUE 4/30/2018 (3) i
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Legal-Notice
-TOW OF
NORTH ANDOVER
'.' BOARD OF APPEALS
- NOTICE
OOR
Of
e
?rr F 10T,
SSA
'May 24.1983
;+ Notice is hereby given that the
sBoard of Appeals will,give.a
hearing at the Town Building,;'
"North Andover, on' Tuesday.
evening•the 14th day.of June,i
1983,at 7:30 p.m.to all parties
interested in the appeal of LOUIS
AND JENNIE LIPOMI requesting
a .variation -oft',Section 7•.
Paragraphs 7.1 and,7.3 and
`Table 2 of the Zoning By Law so
_=as to permit relief from the area
and setback-requirements to.:
:.allow the.continued existence of
,a single-Jamily dwelling which
will not meet the area or front
and_rear'setback requirements -�
and the construction of a single
-family dwelling on a lot which .;
will not meet the area or the front ;
_setback requirements on 'a
premises located at. 472 -
Massachusetts Avenue.- ,"
BY Order of the Board of Ap
Y peals...
. . .: ..
Frank Serio.Jr.
f Chairman
Publish N. Citizen: May 26
C..:and June 2. 1983 _K14-822
•
4.
May 24, 1983
ZI
Notice is '4-4ereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on Tuesday evening,
the 14th day of June, 1983 at 7: 30 p.m. to all parties interested
in the appeal of LOUIS AND J-ZNNIE LIPODILI requesting a variation
of Section 7, Paragraphs 7. 1 and 7. 3 and Table 2 oll',' the Zoning
By Law so as to perwit relief froi7., the area and setback requirements
to allow the continued existence of a single family dwelling which
will not meet the area or front and rear setback requirements and
the construction of a single family dwelling on a lot which will
not meet the area or the front setback requirements on premises
located at 472 24assachusetts Avenue.
By Order of the Board of Appeals
By: Frank Serio, Jr. , Chairman
Publish; North Andover Citizen : May 26 and June 2, 1983
Send bitt to: Louis Lipomi
472 I-lass. Avenue
No. Andover, Mass.
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Any appeal
RECEIVED— .�:o�,g� within (20) days ai. ::
DMAIIEL L 01,0 �o.
„ �f. A"ILM :� date of filing of this NOut,�
T-015 ) CLE_4,nPa
--nor- ER �., leas ,,.E In the Office of the Town
►�;CHU sr Clerk.
JUN P '83TOWN OF NORTH.ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . June 27, -1983
Petition NO.. . . . 3 3-!8 3. . . . . . . .
Date of Hearing. J.un e. .1.4.,. . 19 8 3,
LOUIS AND JENNIE LIPOMI
Petition of LOUIS. . . . . . . . . . . . .
Premises affected -.472 .Massachusetts. .Avenue . . . . . . ... . . . . . . . . .
Referring to the above petition fora variation.from the requirements of the . .Zoning By Law
:Section, 7, . Paragraphs .7..,1,. ,7. 3, and. .Table 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s�agermit . . . e3.eo t -a .—ate se=tac — @gem �a# - oeza
the continued existence of a. single .family dwe ling which will not
It►eet. .the. .axea. .ox . . xont. :and.-.re.ax. setback . eguir men.ts. and ,the , construction
of a single family, dwelling on a lot which wit not meet the area or* `
After a public hearing given on the above date, the Board of Ap voted to . . .Gzant . , the'
variance . . . and hereby authorize the Building Inspector to issue a
A
to . ou
Lis nd n
.aJenie Lipomi
rmi* front setback requirements
Signed
Frank, .Serio_,_ .Jr. ,_ .Chairman
Alfre.d .E... .Fzize.11e, . sg..., -Vice .Chairman
William. J. . Sulliv.an. . . : . . . . . . . . . :.. .
Augustine __W... :NickexsQn.
Maurice. S . . F.oulds. . .... . . . . . . . . .. . . .
Board of Appeals
Any appeal shall be filed
within (20) days after the
G +
o
...
(;LE;�; 0 p date of filing of this Notice
`_n� In the Office of the Town
X63 Clerk.
SACMU .- --'`
,J �J Zq .� 09Q ACHU
UN 'SStt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
June 27 , 1983
Mr. Daniel Long, Town .Clerk Louis and Jennie Lipomi
Town office Building 472 I-lass. Ave. '
North Andover, Mass . Petition No. 33- ' 83 '
Dear Mr. hong:
The Board of Appeals held a public hearing on Tuesday evening,
June 14, 1983 upon the application of Louis and Jennie Lipomi .
The hearing was advertised in the North Andover Citizen on
May 26 and June 2, 1983 and all abutters were notified by
g ��-r az i—The f owl ow-i ng-membe-rs-wve�-p--even-t-a-n-d--vot3-ng-:---_--_ -_.-
Frank Serio, Jr. , Chairman; Alfred E. Frizelle,'. Esq. , Vice-
Chairman; William -J., Sullivan; Augustine W. Nic erson; and
Maurice S. F oulds.
6
The petitioner seeks a variance from the provisions of Section 7.,
Paragraphs 7. 1, 7. 3 and Table 2 -of the Zoning By Law so as to per-
mit relief from the area and setback requirements to allow the
continued use of a single family dwelling which will not meet
the area or front and rear setback requirements and to allow the
construction of a single family dwelling on a lot which will not
meet the area or front setback requirements on premises located
at 472 Massachusetts Avenue.
The petitioner testified through counsel that he purchased the
property in 1956 and now proposes to subdivide his land to allow
his son to construct a single family dwelling. The petitioner i
purchased the parcel with the understands:-.ng that he had two
buildable lots. The petitioner's dwelling is located at 472 . Mass .
Avenue and the proposed dwelling would front on Hemlock Street.
The proposed dwelling would be located on a lot of. 10 ,000 square
feet and the petitioner' s lot would contain 10. ,796 square feet.
There are other similarly sized lots in the neighborhood. p
No opposition was voiced at the hearing and- several neighbors spoke
in favor of the petition.
a
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RE'LcIVE0
.° i 0 N
Louis and Jennie Lipomi Dr.� 1E_�ti Lila,G
TiCRr`;
472 Mass. Ave . _
Petition No. 33-1'83 R
June 27 1983
. JUN 28 ! 09 Pm.183
Pg. 2
Upon a motion made by Mr. Frizelle .and seconded by Mr. Foulds, the
Board voted unanimously to grant the variance as requested as shown
on the plan.
In granting said variance , the Board finds that the existing parcel
was a .total unit as purchased by the owner prior to the zoning change
and that the .unusual size of the parcel creates the specific hard-
ship in. question pursuant to the Zoning By Law.
Further, . the Board , finds that desirable relief can be granted with-
out substantial detriment .to the public, good and without nullifying
or derogating from the intent and purpose of the Zoning By Law.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr. ,
, h$a Klan
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(Plan to follow)
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S P R U C E 401 PljBL lC WAY STREET
> MICHAEL CHORY DOMENICO CANTONS
< 'rte-; 4Ef MASS AVE. � f i SPRUCE S7: �
o
ZONE R4
DATE OF F) _ING
DATE OF HEA RI�JG; t
.� : . E F; 1F E CATS � AP�-�C) .AL. • t
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. n. � e� ;���.� ... A�'P~l i'�'�.� ( 1'L.}►t T�1-1—A o',1 E.C! /F rC �
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3�- 4E 31 SPRUCE ST
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Li
ON
PLAN OP LAND
STK }s;�:. 4G4 µ i.p LOCATED IN `
(set) ( t rd)
HEMLOCK 40 PURL ! LC WAY STREET NORTH NDOVER /I 5 ,
_._. . .
OWNED
t{r (fA MATTuEW NASTASIA AitiNIE: COIL IVO tR [ LINDA JEFFE FiY LOU
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482 MASS AV U I L I POM I
E 60 HEMLOCK ST , ,�,. � lI� L CK 5T. #r ,
SCALE DArE 'AAY V-)
i 17 :�
.t7C �.Gr. J DEEDS j — � rR
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�e: = D �Q 1VElb- 14ORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS �•;;=�:; •
r a ACNus t
ime : — H I� FOCR s t
NOTice : Thi application must be typewritten
APPLICATION k�R d IEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
pplicant Louis S . Lipomi and Jennie M. Address479 MAssarhnsPt-ts A weniie
North Andover
Application is hereby made
3
( a ) For xxvariancesfrom the requirements of Section 7. 1 Paragraph 2
and Table 2 of the Zoning By-Laws ; section 7 .3, and Table 2 rout ;
section 7 . 3and Table 2 (rear) .
(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 .
( a) Premises affected are land X and building( s ) X numbered
472 Massachusetts Avenue. )Gt t .
( b ) Premises affected are property with frontage on the North ( )
South ( ) East ( X ) West ( ) side ofMassachusetts Avenue
and known as No . 472 Massachusetts Avenue.
( c) Premises affected are in Zoning District R-4 and the premises
affected have an area of 20_,796 square feet and frontage of
200 square feet .
Ownership
( a ) Name and address of owner ( if joint ownership , give all names ) :
Louis S. Lipomi and Jennie M. Lipomi , 472 Massachusetts Avenue
Date ofurchase 2/4/56
pPrevious- Owner Maria MammLno
( b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other ( explain )
Size of proposed building : 62 front ; 37 feet deep ;
Height : 1 stories ; under 35 feet.
( a ) Approximate date of erection : Fall 1983
( b ) Occupancy or use of each floor : Residential purposes.
( c ) Type of construction : construction will be in accordance with all
u1 Lng co es .
Size of existing building : 46 feet front ; - 42 • feet- deep ;-
Height : l; stories ; 15 feet .
( a ) Approximate date of erection : 1956
( b ) Occupancy or use of each floor : Resi(1enHal
( c) Type of constr-uction .aT k
nnrl-frame
Has there been a previous appeal , under zoning , on these premises ?
If so , when?
Description of relief sought on this petltion�pplican rPg ,es
� t- yringlP-
family dwelling permit under section 7 . 1, paragraph 2 exception and
section 7 . 3 relief to allow ow a b i i 1 di ng with 2n ' 5" frrant retbaek; and
relief from section 7 . 3 to allow the continued existence of a building
with 23 ' 2" real setback_
3. Deed recorded in the Registry of Deeds in Book 828 Page 372 4)p
#�$�>� :9ar�tx�Qedxx x xxRKUIRx
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The principal points upon which I base my application are as follows :
(Must be stated in detail )
See attached sheets .
I agree to ay for advertising in newspaper and incidental expenses*
5 '= . -Petitioner ' s Signature
Sec . 1 APPLICATION FORM
Every application for action by the Board shall be made on a form"?''
approved by the Board. -These -forms shall be furnished by the clerk
upon request . Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All 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
Gennaro & Marie E. Maccarone 475 Massachusetts Avenue
Michael J.. & Alvine H. Chory 466 Massachusetts Avenue
Domenico & America M. Cantone 11 Spruce Street
Alcide A. & Mabel F. Rouleau 31 Spruce Street
Annie J. Connor 60 Hemlock Street
Matthew M. & Patricia C . Natasia 475 Massachusetts Avenue
Francis L. & Valerie M. Andrews 1 Meadow Lane
Linda A. effrey 52 Hemlock Street
1
( Use additional sheets if necessary)
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TOKN OF NORTH ANDOVER BOARD OF APPEALS
I, G `�il� approve
t J L'
of he appeal by outs and envie ip i request g a variation
of Section 7, Paragraphs 7.1 and 7. 3 and Table 2 of the Zoning
By Law so as to permit relief from the area and setback
requirements to allow the continued existence of a single
family dwelling which will not meet the area or front and rear
setback requirements and the construction of a single family
dwelling on a lot which will not meet the area- or the front
setback requirements on premises. located at 472 Massachusetts
Avenue.
Thank you.
TOWN OF NORTH ANDOVER BOARD OF APPEALS
I, l? Z7� _ �J approve
of the appeal by Louis and Jennie Lipomi requesting a variation
of Section 7, Paragraphs 7.1 and 7.3 and Table 2 of the Zoning
By Law so as to permit relief from the area and setback
requirements to allow the continued existence of a single
family dwelling which will not meet the area or front and rear
setback requirements and the construction of a single family
dwelling on a lot which will not meet the area or the front
setback requirements on premises located at 472 Massachusetts
Avenue.
Thank you.
/� C
i � Q
STATEMENT IN SUPPORT OF THE PETITION OF LOUIS S. LIPOMI
AND JENNIE M. LIPOMI
This is a petition for three variances from the provisions
of Section 7.1 , paragraph 2 , Section 7.3 rear setback requirement
and Section 7 .3 front setback requirement, all as set forth in.
Table 2 of the North Andover Zoning By-law. The premises
affected are four lots of adjoining land on Massachusetts Avenue
near Hemlock Street.
The variances are necessary to allow for the subdivision of
a parcel of land into two lots for the issuance of a building
permit for a single-family dwelling on Hemlock Street. The
proposed dwelling would be situated on. a lot of 10 ,000 square
feet; the existing dwelling on. Massachusetts Avenue would be on
a lot of 10,796 square feet.
A copy of the plan showing the proposed dwelling is attached
to this Petition.
Hardship exists in this case, in that the four lots in ques-
tion were purchased by the petitioners on February 4 , 1956 . The
petitioners constructed their home on the two Massachusetts
Avenue lots in 1956 . The petitioners have maintained the
Hemlock Street lots since. that time, paying real estate taxes
each year with the idea of giving the lot to their son for con-
struction of his personal residence . The petitioners incurred
expense in having the water line extend to the lot on Hemlock
Street. The petitioners retained the property, paid taxes and
other maintenance expenses in reliance on the Zoning By-law,
believing they held a lot that could be built upon. Subsequently,
Page Two
the Zoning By-law was changed. As a result, the petitioners hold
a lot that cannot be given to their son for him to build a home on .
If the variance is granted, the Massachusetts Avenue property
will consist of 10 ,796 square feet; the Hemlock Street property,
10,000 square feet. There is no detriment to the public good in
that the existing and proposed dwellings will be situated on lots
the size of many house lots in R-4 districts . Two of the abutting
lots to the subject property each consist of. 10 ,000 square feet.
One lot directly opposite the subject property consists of 8 ,850
square feet.. The petitioners respectfully submit that all of the
conditions for the granting of a variance are present.
If the lot area variance is granted, petitioners will need a
rear setback variance to allow the continued existence of their
dwelling on Massachusetts Avenue. The rear setback requirement
is 30 feet; there will be a rear setback of 23 ' 211 . A variance
is also required for the proposed dwelling on Hemlock Street.
The front setback requirement is 30 feet; there will be a front
setback of 20 ' 5" for a small portion of the proposed dwelling.
That portion is approximately 20 feet of . the dwelling comprising
a garage. The major portion of the front of the house will meet
the 30-foot setback requirement. Both the existing and proposed
dwellings will comply with all other setback requirements . There
will be no derogation from .the intent of the By-.law if the vari-
ances are granted. Neither of the buildings will be so close to
adjacent property as to be health or safety hazards. The By-law
seeks to maintain a consistency of setback within the zoning
Page Three
district and this consistency is not substantially violated by
the two dwellings . The violations are both under 10 feet,
and the character of the neighborhood is not derogated. by it .
For all the above reasons, it is respectfully requested
that this Board grant the variances to allow a building permit
to issue for the Hemlock Street property and for the continued
existence of the home on the Massachusetts Avenue lots.
Respectfully submitted,
LOUIS S. LIPOMI and
JENNIE M. LIPOMI
By their attorney,
..'z� -�-t
aurence J. si
316 Essex St-feet
Lawrence, MA 01840
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