HomeMy WebLinkAboutMiscellaneous - 59 WAVERLY ROAD 4/30/2018 (2)i
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BOARD OF APPEALS
'APPLICATION FILING DATE
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tegal Notice
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BOARD OF
NOTICE
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eimfeby,give )at
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ice,
BOARD OFAPM ' I -Swill
hearing at 1he Town Buildi
North - Andover, on Monday
evening',"'the 13th day'—of
December, -1 982, at -7:30 p.m..
td'all parties�jnte ed in the ap-
11 pf -E i ARD AND INGUNN
GARDN '4qde ing'avariation-
of , , grapk,4.122 ,
onign9a t6asZ-
01.4) fyflhe Z,
60,
requiliernentand iii per,
mit under 'section 4jaragraph
4122 of the loning By Law so
Wst!
----!a ---dwellin� -. -on,� the
_g _
3rem' �I - t--.-59-61
ises... , ocated
Naved
y Rdid. —
"By Order of the 'Board of Ap-
)WIS.
k, Serio, Jr.
Xhairman
ubIW-N-.A--.7�Cftiiefi: NMmber
?4�and'-Ddcember -2-- -1982
1982. \�l 6-132�
November 19, 19$2
"Doti ce is hareby given that the nDARD OF APPPALS will give a
hearing at the Town Ruilding, North Andover, on 14onday evening,
the 13th day of Dec2mber, 19k12, at 7:3.0 p.m. to all parties ,
interested in the appeal of ET`API) AND I;';"!INN /,,ARD -,A 'l requesting +,
a variation of Section 4, Paragraph :.122 (14) of the Zoning Gy
Law so as,to permit rolief frac, 4,+e frontage requirement ard, a
Special PerRit andcr Section 4, Paragraph 4.122 of the Zoning
By Lary so as to permit the conversion of an existing 2 fa oily
dwelling into a 3 farily dwelling on the premises locate' at '
59-61 ','averly Road.
By Order of the Foard of appeals
By: Frank Serio, Jr., Chairman
Pv!,Iish: Nnrt` %ndover Citizen:
"November 24 and ^ecember 2, 19,"',2
1
November 19, 19$2
"Doti ce is hareby given that the nDARD OF APPPALS will give a
hearing at the Town Ruilding, North Andover, on 14onday evening,
the 13th day of Dec2mber, 19k12, at 7:3.0 p.m. to all parties ,
interested in the appeal of ET`API) AND I;';"!INN /,,ARD -,A 'l requesting +,
a variation of Section 4, Paragraph :.122 (14) of the Zoning Gy
Law so as,to permit rolief frac, 4,+e frontage requirement ard, a
Special PerRit andcr Section 4, Paragraph 4.122 of the Zoning
By Lary so as to permit the conversion of an existing 2 fa oily
dwelling into a 3 farily dwelling on the premises locate' at '
59-61 ','averly Road.
By Order of the Foard of appeals
By: Frank Serio, Jr., Chairman
Pv!,Iish: Nnrt` %ndover Citizen:
"November 24 and ^ecember 2, 19,"',2
b. ° ..
ftr e? y Town Clerk:
Date TOWNOF NORTH AiiDOVER, MASSACHUSETTS t:`s''
RE WpD ,BOARD O.F--APP,EALSt
T i;,' f) N G;�Ssacwust`�
uft° L'i i -Hr — Noti ce : Thi s appl i.cati on must be typewri tten
NO;RT(y Ut16'ER
NovAft�JJJON FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Edward & Inqunn Gardner
1.' Application is hereby made
Address 320 Stevens Street, N.A.
(a) Fo.r a var.iance from the requirements of Section 4 Paragraph 4.122
and. Table of the Zoning By -Laws.
(U)z. Fo-r-a Special Permit under Section *4 Paragraph 4.122 of the
Zoning By -Laws.,.
(c} -As a party aggrieved, for review of a decision made by the Building
Inspect-o.r or other authority.
2. (a) P_r_emi;ses affected are land x and building(s) x numbered
59-61 14averly Rd. Street.
(b) Premises affected are property with frontage on the North ( )
South ( ) East ( )
Street, and known as NoWe 59-61 ��,Jave�rlyRd. Street.
(c) Premises affected are in Zoning Ts -4 , and the premises
affected have an area of 26787(deed)square feet an.d frontage of
07.07 square feet.
3. Ownership_
(a), Name and address of owner (if j-oint ownership, give -all names):
Edward A. Gardner & Inounn A. Gardner
Date of purchase.;::.- 5-15-82 Previous Owner. Clarence Bell.
(b) If applicant is not owner, check his interest in the premises:
Prospective -Purchaser Lesee Other (explain)
4. Size of proposed building: front; feet deep;
Height: stories; feet.
(a)
(b)
Approximate date of erection:
Occupancy or use of each floor:
(c) Type of construction:
5. Size of existing building: 2E feet front; 54 feet deep;
Hei ght : 3 stori es ; 30,- feet..
( a ) Approximate date of erection: App. 1905
( b ) Occupancy or use of each floor: 6 rm. apt. - . floor
Larne attic on third floor.
(c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises? No
If so, when?
7. Description of relief sought on this petition Relief from frontage reouiremer
and slight exterior change. And special permit to convert an existing
2 -family dwelling into a -3-family dwelling.
8. Deed recorded in -the Registry of Deeds in Book 1570 Page 81. or
Land=,_Court Certificate No. Book Page
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10
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ate. ti
The 'principal points upon which I base my application are as follows:
(Must be stated in 'detail)
See attached.
I agreeAto pay for advertising in newspaper and incidental expenses*
Sec. 1
APPLICATION FORM
Petitioner's Signature
I
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. An.y 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
�- Montanaro, 63 Waverly Rd., N.A.
Shirleyd-Guido, .
,,Eve Emerick 53 Waverly Rd., N.P.
v Anthony & Angelina.Crudale,, 49 Patriot St., N.A.
✓,Teresa Pari.s, 34 Sargent St., N.A.
,,Jhon Allison, 38 Sarggent ST., N.A:
Evangeline Oonovan, Sargent St., N.A.
/Raymond Holland, 344 Main St., N.A.
,-Joseph LeBel, 5, E. 1,12.;:er1, Rd., N. a..
✓Jhon Scanlon, FB Waverly Rd., N.A.
Irene & Walter Pawlic, 18 Sarnent St., N.A.
Henry & Marie Napolitano, 33 Patriot St., N'A.
George &. Eileen Connoly, 64 Waverly Rd., N.A..
Greaory R; Ann Romei , 72 Idaverly Rd. , -N.A_.
-z Abutters on !,►averly Rd. within 300 feet of propertyline.
Robert W. Finn, 71 Waverly/ Rd.
v Frank and Elizabeth 1•1rioht, C-5 146verly Rd.
Barhra and Rod.nev ^Iacie,iewski, 48 Waverly Rd.
P1. Alice P^orris, 38 1'Javerl v Rd.
Bernie & Caroline Zelitch, 28 Waverly Pd.
Wn ndo o d.
✓Flizaheth Peynolds, 105 Hioh St. N.A.
( Use naddi ti�onaln sRhieets if neq.es
1Hnn Qyv CL __11 LE __ _ n 11
Our plan is to create an
attic. there will be no
or surronding property.
There is sufficient land to accomodate the required parking
and still leave plenty of room for recreation.
There will be no detriment to the public good.
The third unit
to allow us to
improvements.
additional rental unit in the
adverse affects on the property
is needed in order to
maintain the property
( The property needs
produce enough income
and make necessary
some work. )
The result of this conversion will enable us to keep the
rents in the existing units reasonable and also make improvements
to the property which will in turn improve the aerea in neneral.
And it will create a new and modern unit for the town of
North Andover.
A varience is needed on the frontage requierment to get
the special permit needed to develop the property for its
best use.
It would be a financial hardship on us and therefor a
hardship on the condition of the property.if-,"this.request
is turned down.
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17Qi`i;;; �'uJVER
OF
JAN ?8 48 AM '83TOWNMASSAOCHUSETTSOVER
- --- _ _ --BOARD OF APPEALS
NOTICE OF DECISION
Any appeal shall be tilect
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
Date .. January 25, 19 8 3
Petition No... 4.1= .1.8.2 ..... .
Date of Hearing. .December 13,,. , 1982
Petition of ... EDWARD AND INGUNN GARDNER...........
........
...............................................
Premises affected . 5 9 - 61 Waverly .Road, .... .
........................................
Referring to the above petition for a variation from the requirements of the .. Zoning. By. ,Law
Section 4, Par. 4.122 (14) and a Special Permit under Section 4, Par.
4:122...........
so as to permit .. the conversion . of , a..tcao . fami.ly, dwe� �i.r�g. to. a . three.. f amily
dwelling.
.........................................................................................
After a public hearing given on the above date, the Board of Appeals voted to ... GRANT_ , the
variance .and . Sp.eci.al. _Permit, .. and hereby authorize the Building Inspector to issue a
permit to ..Edward and. Ingunn. Gardne.r............................................
for the construction of the above work, based upon the following conditions:
That the parking spaces be in accordance with the Zoning By Law for size
and that there be six (6) parking spaces, as shown on the plan.
Signed
Alfred E. Frizelle, Esq., Vice Chairman
...........................................
Richard J. Trepanier, Esq., Clerk
- .......................................
William J. Sullivan
.........................................
Augustine W. Nickerson
......................................
Maurice S. Foulds
..................................
Board of Appeals
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Q!�T 'NG
ovE'R
JAN 2B 11 49 At'I'83
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Mr. Long:
Any appeal shall be filed
Within (20) days after the
date of filing of this Notice -
in the Office of, the. Town:
Clerk.
January 25, 1983
Edward and Ingunn Gardner
59-61 Waverly Road
Petition No. 41-182
The Board of Appeals held a public hearing on Monday evening,
December 13, 1982 upon the application of Edward and Ingunn
Gardner. The hearing was advertised in the North Andover Citizen
on November 24 and December 2, 1982 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 Maurice S.
Foulds.
The petitioner seeks a Special Permit under Section 4, Par. 4.122
and a variance under Section 4, Par. 4.122 (14) of the Zoning By
Law to permit the conversion of a two family dwelling to,a three
family dwelling on the premises located at 59-61 Waverly Road.
The petitioner testified that the dwelling was constructed several
years ago and the additional unit is necessary for economic reasons.
The variance is necessary due to the structure's non-conformance.
The petitioner testified that ample parking can be provided on the
premises.
The Office of Community Development supported the application and no
opposition was voiced.
Edward and Ingunn Gardner
59-61 Waverly Road
Petition No. 41-'82
Page 2
January 25, 1983
TWoo .. -R
NORTH i%;_;OYER
JAN H 1149 AN '83
Upon a motion made by Mr. Trepanier and seconded by Mr. Foulds,
the Board voted unanimously to grant the variance and Special
Permit with the condition that the parking spaces be in accordance
with the Zoning By Law for size and that there be six (6) parking
spaces, as shown on the plan.
The Board finds that Section 10.4 of the Zoning By Law,has been
satisfied. Specifically, the Board finds that the site is an
appropriate location for such a use; that the use as developed
will not adversely affect the neighborhood; that there will be
no nuisance•or serious hazard to vehicles or pedestrians; and
that the use is in harmony with the general purpose and intent
of the Zoning By Law.
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(Plan to follow)
Sincerely,
BOARD OF APPEALS
Alfred E. Frizelle, Esq.,
Vice Chairman
Mr. Edward Gardner
320 Stevens Street
North Andover, Mass. 01845
Dear Mr. Gardner
your plan of land for 59--61 'Naverly Road has been endorsee by
the Board of Appeals.
DThis ola.n, along with a certified copy of the Roard's decision,
must be recorded at the North Essex Registr.,! . of Deeds,
Please arrange to have this plan picked up at the Eoard of Appeals
Office at your convenience.
Sincerely,
BOARD 0^ APPEALS
jw
Apri1.12, 1983
Jean E. White,
Secretary
2
Town of North Andover
Office of Community Development
Town Hall
120 Main Street
North Andover, Massachusetts 01845
(617) 687-0705
December 13, 1982
Mr. Frank Serio, Jr. Chairman
Board of Appeals
Town Hall
North Andover, MA 01845
Dear Mr. Serio:
This letter is in reference to Edward and IngunGardner's
request for a variance and special permit to construct o 0
bedroom rental unit in an existing building at 59-61 Waverly Road
in North Andover.
As the Acting Director of the Office of Community Development,
I support the Gardner's concept of converting their property into a
three family rental unit. This proposal is consistent with our goals
to create greatly needed rental housing in the downtown area of
North Andover.
Sincerely,
Elisabeth A. Ruben
Acting Director
Office of Community Development
EAR: ag
cc: Ingunn Gardner/
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PLOT PLAN
59-61 Waverly Road .
North Andover, Massachusetts
�. Owner: Mrs. Clarence Bell
-
$cafe: 1" - 40'
April 5,1982
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NOTE: This is not a survey and is to be
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used for mortgage purposes only.
N.B.- Do not use offsets for establishing
lot lines for the erection of fences,'=-=�-'"
walls, hedges, etc. , n
I hereby certify that the building on ' WOA
this property is located as shown on plan //jj�
and complied with the zoning setback
requirements of the Town of North Andover
when constructed. I further certify that
the above property is not located in a
W w,. W 4
Flood Plain Zone.
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CYR ENGINEERING SERVICES, INC.
300 CANAL.STREET
ET
LAWRENCE, MASUCHUSETTS
'61V0Vj24U_3d Viz.
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M-27-
O 'EvangFd!nE 9. Donovan
• 42 cSatgFmt =SL
Aoa k ogndovsa, A-adaacfiiu:idL 01845
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Zvan yd inz 9. Donovan
42 cSazgv2L <-Si.
Ao¢tg c4nJovet, ;:-,VaiiaaLizLti 01845
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Plan of Land to accompany petition
Each application and petition to the Board shall be accompanied by
five (5) copies of the following described plan:
The size of the plan shall be 11 x 17, drawn to scale, 1 inch equals
40 feet; it shall have a north point, names of streets, zoning
districts, names and addresses of owners of properties within a
minimum200 ee of the subject property, property lines and
location o buildings on surrounding properties. The location of
buildings or use of the property where a variance is requested and
distances from adjacent buildings and property lines shall be
verified in the field and shown on the plan. The dimensions of
the lot, and the percentage of the lot covered by the principal
and accessory buildings, and 'the required parking spaces shall be
shown. Entrances, exits, driveways, etc., that are pertinent to
the granting of the variance shall be shown. All proposed data
shall be shown in red.
Any topographical feature of the parcel of land relied upon for a
varience, such as ledge, rock, peat, or natural condition of water,
brook., or river, shall be shown on the engineering plan. When a
variance is requested to sub -divide a parcel of land, the dimensions
and area of the surrounding lots may be taken from the deed or
lotting plan for comparison of the size of the lots in the neighbor-
hood, noted on the plan as such, and marked "approximate." The plan
shall be signed and bear the seal of a registered surveyor or
engineer. Any plans presented with the petition shall remain a
part of the records of the Board of Appeals.
-If living quarters are to be remodeled, or areas are to be converted
into living quarters, in addition to the plot plan, five (5) copies
of the following described plans shall be furnished:
1. A floor plan of each floor on which remodeling is to be done or
areas converted into living quarters;
2. A floor plan showing the stairways, halls, doors opening into
the halls, and exit doors of each floor on floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show all existing work. All
proposed work shall be shown in red. The size of each plan shall
be 11 x 17 or 17 x22; it shall be drawn to scale, '-,inch equals
one foot.
All plans and elevations presented with the petition shall remain a
part of the records of the Board of Appeals.
Gh�
CA
28 Waverley
North Andover
Dec. 12, 1982
Board of Appeals
Town Hall
120 Main St.
North Andover, Ma. 01845
R : rdner etition of 61 Waverley Rd.
Dear Members:
As nearby neighbors to the house at 61 Waverley Rd., we'd like to
comment on the proposal to add a third apartment.
We do not object to the concept of multi -family houses; 1 ---here
are other three-family homes' in the neighborhood. However, we
are concerned that the board consider carefully two concerns:
1).Can the house accept further division to create a new apartment?
2) Can the lot handle parking for.6 cars?
We presume that there are vacant rooms that can be renovated for
an apartment. ThE: issue of parking spaces is more pressing.'Because
o.f.increased business on Main St., we are experiencing pressu-.
on available on -street 'parking during the day. In addition, with
t'",J, winter parking ban, every house must be able to accomodate
its share of cars. In this day of two career £amili���, two cars
per ho -,,e r'
e .h.oz._ ec=:a to be the rule: rather than the 'exception.
Rental garage space is hard to find as many others in the neighborhood
lack parking areas.,
Thanks.you for your attention to our concerns.
Yours, �! /
J
Caroline L. Cole
Bernard D. Zelitch
A
November 23, 1982
Mr. Edward Gardner
320 Stevens Street
North :Paidover, glass. 01845
Dear Mr. Gardner;
Enclosed please find the legal notice for your petition before
the Loarl of Appeals.
DPlease forward the amount of $10.80 to cover the cost of mailing
the legal notices to the parties in interest.
Your chalk should be made payabld, to the Town Of North Andover
and may be sent to my atte-
ntion at Vie Town Building.
Sincerely,
BOARD OF APPEALS
.lean E. Etihi to ,
Secretary
7w
Enc.
Town of North Andover
Office of Community Development
Town Hall
120 Main Street
North Andover, Massachusetts 01845
(617) 687-0705
December 13, 1982
Mr. Frank Serio, Jr. Chairman
Board of Appeals
Town Hall
North Andover, MA 01845
Dear Mr. Serio:
This letter is in reference to Edward and Ingunn �'ardnerlsrequest for a variance and special permit to construct o
bedroom rental unit in an existing building at 59-61 Waverly Road
in North Andover.
As the Acting Director of the Office of Community Development,
I support the Gardner's concept of converting their property into a
three family rental unit. This proposal is consistent with our goals
to create greatly needed rental housing in the downtown area of
North Andover.
Sincerely,
Elisabeth A. Ruben
Acting Director
Office of Community Development
EAR: ag
cc: Ingunn Gardner