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Home My WebLink AboutMiscellaneous - 633 WAVERLY ROAD 4/30/20187 0 ;o 00 p > C� 0 Cxi Berube Boa LEGAL NOTICE JOWN OF NORTH ANDOVER tAORTN BOARD OF APPEALS NOTICE Notic6 Is hereby qiven that the Board of Ap- �0 peals will hold a public hearing at the Ll. BRARY/CONFERENCE 4K ROOM of the Town ,-Buildin 120 Main Street, North Andover on '7oZ 0 S.4 'ITUES81AY the 13TH day of DECEMBER ':,-1994, at 7:30 O'clock, to all parties interest - .ed in the agpeal of HENRY G. and EDNA A. BERUB TOWN OF NORTH requesting a variation of Sec. Paragraph 7.2, 7.3, Table 2 ANDOVER of the Zoning a�43y Law so as to permit Variance for front- MASSACHUSETTS t;�age for Lots 1, 2 and 3 and side setback for Aot 2. Applicant seeks variance in order to .4-stabllsh two (2) buildable lots for sinqle- jamlly homes In a multi -family district BOARD OF APPEALS (1 -4) I , on the Premises, located at 633 WAVERLY J,ROAD NO_TICE K 6Vrder of the Board of Appeals illiam J. Sullivan, Chairman North Andover Ciften 11/23, 30 2t Notice is hereby given that the Board of Appeals will hold a LIBRARY/CONFERENCE Public hearing at the ROOM of the Town Building, 120 Main Street, North Andover on TUESDAY the 13TH day of DECEMBER 19 94 . at 7:30 O'clock, to all parties interested in the appeal of HENRY G. and EDNA M. BERUBE requesting a variation of sec. 7, PARAGRAPH 7.2, 7.3, Table 2 of the Zoning By Law So as to permit Variance for frontage for Lots 1, 2 and 3 and side setback for Lot 2. Applicant seeks variance in order to establish two (2) buildable lots for single-family homes in a multi -family district (R-4) on the premises, located at 633 WAVERLY ROAD By order of the Board of Appeals William J. Sullivan, chairman Publish in the North Andover Citizen on November 23 & 30, 1994 *now- la�l 0 o MmV144� '1� Any appeal shall be filed within (20) days after the date of filing of this Notice in the office of the Town Clerk. 1 835 ACKU FV y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Petition 'of Henry G. Bpr.ube and. Edna M, . Berube JOYCE eR�-f': `AW TOWN C'-LL7-j( , , tioJM'A0,1:0 QY E R Date . Decemb.e.r.22,..1.9.9.4 ...... Petition No. - .0.6.1.- 9 4 .............. Date of Hearing.December 13, 1994 .................. PremL-.es aff ected 633.Wavexly Road, North. Andover,. MA ........................ Referring to the above petition for a variation from the requirements of thx Section .7 ...... Paragraph 7. 2, 7. 3, and Table .2 of. the Zoning. Bylaw ... ........... so as to permit a f ront line variance of. 2Q. f eet. f or Lot 11ti, a. .�ront. line, varianc.e of 20 feet, (north) side setback of 5 feet and (south) side setback of 8 feet f or Lot #2, and a. f ront, variance. of .20. f eet f or Lot. .#3 at. the. premises. at . ..... 633 Waverly Road. GRANT After a public hearing given on the above date, the Board of Appeals voted to . - I I . . . . the Variance as requested .... and hereby authorize the Building Inspector to issue a Henry G. Berube and Edna M. Berube. permit to for the construction of the above work, based upon the following conditions: 0 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 �(,/ -4 William J. Sullivan,' Chairman Walter Soule, Vice -Chairman Robert Ford John Pallone Scott Karpinski Board of Appeals P, EC JOYCE AW Tow 'J '' CU NORT A ';'O'� H h- �ER 0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Henry G. Berube Edna M. Berube DECISION 633 Waverly Road Petition #061-94 North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 upon the application of Henry G. Berube and Edna M. Berube requesting a VARIANCE under Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaws so as to permit a front line variance of 20 feet for Lot #1, a front line variance of 20 feet , (north) side setback of 5 feet and (south) side setback of 8 feet for Lot #2, and a front variance of 20 feet for Lot #3, from the requirements of Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaw at the premises at 633 Waverly Road. The following members were present and voting: William J. Sullivan, Walter Soule, Robert Ford, John Pallone and Scott Karpinski. 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 Mr. Soule and seconded by Mr. Vivenzic, the Board voted unanimously to GRANT the VARIANCE 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. Sufti,�'an, Chairman r Town of North AndojVfE01lvE,'� T BRADcHAW 01 .1 OMCE OF TOWN CLE'RK + 6 0 to COMMUNITY DEVELOPMENT AWTSIAIMIMS 0 146Mainstred luhc 18 4 12 F H '35 North Andover, Massachusetts 0 1845 SACH (508) 688-9533 Any appeal sha!l be filed Wl';;111 ('0) after the C3- r -�s [\!otice ;A- of the -irown BOARD OF APPEALS Extension Permit Property: 633 Waverly Road Henry & Edna Berube Date: 12-18-95 633 Waverly Road Petition# :061-94 North Andover, MA 01845 Date of Hearing: 12-13-95 The Board of Appeals held a regular meeting on Tuesday evening, December 12, 1995 upon the request of Henry & Edna Berube for a six month extension to a permit issued December 22, 1994. 'Me following members were present and voting: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Ellen McIntyre. Upon a motion by Walter Soule and seconded by John Pallone the Board voted unanimously to Grant a six month extension to the decision issued December 22, 1994 for property located at 633 Waverly Road. Voting in favor: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Ellen McIntyre. Board of Appeals, William Sullivan, -airman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Me Parrino D. Robert Nicetta Mchael Howard Sandra Staff Kathleen Bradley Colwell I Town of North Andom 0 NED E BRADz HAW Of 11 6., < OFFICE OF TOWN CLERK 0 COMMUNITY DEVELOPMENT AWTSBIWIMS J`_ 146 Main Street 011 rL-- c 18 4 12 P H '55 North Andover, Massachusetts 0 1845 SAcmUS (508) 688-9533 Any appeal shall be filed WiL�Jn after the r: " 1 Js Notice L �. I oi the Irown BOARD OF APPEALS Extension Permit Property: 633 Waverly Road Henry & Edna Be e Date: 12-18-95 633 Waverly Road Petition# :061-94 North Andover, MA 0184 Date of aring: 12-13-95 The Board of Appeals held a regular meeting on Tuesday evening, December 12, 1995 upon the request of Henry & Edna Berube for a six month extension to a permit issued December 22, 1994. The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Ellen McIntyre. Upon a motion by Walter Soule and seconded by John Pallone the Board voted unanimously to Grant a six month extension to the decision issued December 22, 1994 for property located at 633 Waverly Road. Voting in favor: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Ellen McIntyre. Board of Appeals, - �/' e William Sullivan, -Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVAT71ON 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino, D. Robert Nioetta Nficbael Howard Sandra Starr KatWeen Bradley Colwell Any appeal shall be filed within (20) days after the date of filing of this Notice in the office of the Town Clerk. -t4ORTh TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION J 0 Y 'AW TO yi, N r: QY E.R Date . Decemb.e.r .22.,. .1.9.9.4 ........ Petition No.. .0.6.1.-94 .............. Date of Hearing.December 13, 1994 .............. I ... Petition of Henry G. . Berube, and. Una M, . Berube . ... .. ....................... - - - Premises aff ected 6 3 3. Waverly . Road, - Nor th. AadQve r, . MA ......................... . .. Referring to the above petition for a variation from the requirements of tha� Section .7 ...... Paragraph 7. 2, 7. 3 and . Table 2 of . the Zoning Bylaw . .. ........... . so as to permit a f ront line. variance . of 20 f eet, f or Lot . # 1 , . a. f ront. line. varianc.e of 20 feet, (north) side setback of 5 feet and (south) side setback of 8 feet f or Lot #2,, and a. f ron.t. varianc-'e. of 20. f eet . f or Lot. A3 at. th.e. premises. at ....... 633 Waverly Road. After a public hearing given on the above date, the Board of Appeals voted to . -GRANT the Variance as requested ... and hereby authorize the Building Inspector to issue a permit to Henry G. Berube and Edna M..Berube. ... ..... .. 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 Robert Ford John Pallone Scott Karpinski Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS P E C — 7 JOYCE 68,A*c' -- * -- ' 4, A W TO WN C Fj L 1- R IK NORTH ANDOVER Henry G. Berube Edna M. Berube DECISION 633 Waverly Road Petition #061-94 North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 upon the application of Henry G. Berube and Edna M. Berube requesting a VARIANCE under Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaws so as to permit a front line variance of 20 feet for Lot #1, a front line variance of 20 feet , (north) side setback of 5 feet and (south) side setback of 8 feet for Lot #2, and a front variance of 20 feet for Lot #3, from the requirements of Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaw at the premises at 633 Waverly Road. The following members were present and voting: William J. Sullivan, Walter Soule, Robert Ford, John Pallone and Scott Karpinski. 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 Mr. Soule and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE 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. Sul/iifan, Chairman 01 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS P E C — 7 JOYCE 68,A*c' -- * -- ' 4, A W TO WN C Fj L 1- R IK NORTH ANDOVER Henry G. Berube Edna M. Berube DECISION 633 Waverly Road Petition #061-94 North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 upon the application of Henry G. Berube and Edna M. Berube requesting a VARIANCE under Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaws so as to permit a front line variance of 20 feet for Lot #1, a front line variance of 20 feet , (north) side setback of 5 feet and (south) side setback of 8 feet for Lot #2, and a front variance of 20 feet for Lot #3, from the requirements of Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaw at the premises at 633 Waverly Road. The following members were present and voting: William J. Sullivan, Walter Soule, Robert Ford, John Pallone and Scott Karpinski. 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 Mr. Soule and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE 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. Sul/iifan, Chairman Town of North And&60*Lb 0* AORT#1 OMCEOF JOYCE SRACS10 COMMUNITY DEVELOPMENf CES �0 146 Mains*s 16 4 12 North Andover, Massachusetts 01845 CHUS (508) 688-9533 Any appc-,al s!iall be ffled within (20) after the date of fl:1 i L in the Office of the Town C; c. i k. BOARD OF APPEALS NOTICE OF DECISION Property: 142 Main Street The Board of Appeals held a regular meeting on Tuesday evening, November 14, 1995 and continued the hearing under advisement to December 12, 1995 upon the petition of Sportsfan Attic as a Party Aggrieved as a result of a decision issued by the Building Inspector. 'ne following members were present and voting: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Ellen McIntyre. The hearing was advertised in the North Andover Citizen on 10.25.95 and 11.1.95 and all abutters were notified by regular mail. Upon a motion by Walter Soule, the Board voted unanimously to uphold the Building Inspector's decision to deny a permit for a projecting sign for the property located at 142 Main Street based on the following reasons: Section 6, paragraph 6.3(15) defines a projecting sign as any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve(12) inches from the wall surface of that portion of the building or structure. Section 6, paragraph 6.5(12) states that projecting signs are prohibited. Section 6, paragraph 6.6(D.4) states that no sign shall project more than (1) foot over any public right-of-way and shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a Certificate of Insurance filed with the Town Clerk. Motion seconded by John Pallone. Voting in favor: Walter Soule, William Sullivan, Joseph Faris, Ellen McIntyre and John Pallone. Note: If the letters advertising the business are removed from the sign, it will be considered an awning which could be permitted upon the application of a building permit and the submittance of a Certificate of Insurance. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta �&chael Howard Sandra Starr KatWeen Bradley Colwell Board of Appeals, William J. Sullivan DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (508) 682-4153 FAX (508) 794-2088 November 16, 1995 William Sullivan, Chairman ZONING BOARD OF APPEALS Town of North Andover 120 Main Street North Andover, Massachusetts 01845 RE: 633 WAVERLY ROAD PETITION NO. 061-94 Dear Mr. Sullivan: This office represented Mr. and Mrs. Henry Berube before the ZBA in December of last year, when the Board granted variances to my clients. See copy of decision attached hereto. My clients are presently in the process of selling all three (3) parcels, and they are all currently under agreement for sale. However, the one (1) year time limit for exercise of the variances is approaching on December 22, 1995, and we are,afraid that we are coming close to that deadline. Consequently, we request a six (6) month extension of time for these variances as provided in General Laws, Chapter 40A. Would you kindly place this request on the agenda for your December regular meeting. Thank you for your consideration in this matter. /Saince ely, D 0 omenic 7.S�'calise DJS/pc BK 4228 PG 297 .7 IG E I 'Y E V - Ay h -b . A . I S' H �A W APOILM Any appeal shall be filed . ...... WA R Vq Vq within (20) days after the Vq14 date of filing of this TOWN OF NORTH ANDOVER DEC 16 AN Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION ihat tw6il:... (20) days ao3ed from datJ Of d8d810n 106d December 22, 1994 ..;jut f : jing of in appeaL Date ............................ joym A. enddwa Petition No...0.6.1.-94 .............. TOM -C" D I ate of Hearing.Decembe.r. -13,. 199.4 Petitionof ...................................... Premises affected 633 Wayjexly. Road., North. Andover,. MA. ............................... 146-6 5' Referring. to the above petition for a variation from the requirements of tkw . S e c t ion .7 ...... OF, Paragraph 7-2,. 7, 3. and . Tab le, 2 . of . the. Zoning. Bylaw ............................ ev so as to permit a f ront. line . variance . of . 20. f ee t. f or. Lo.t . # I , . a. fxqut. line varianc.e of 20 feet, (north) side setback of 5 feet and (south) side setback of 8 feet f or. Lo 1; It 2,. and . a. f rQnt. var iance. of .20. f ee.t . f or. Lot. A.3 . at. the. premises. at ....... 633 Waverl y Road. After a public hearing given on the above date, the Board of Appeals voted to . GRANT the Variance.as..r.equested .... ........ and hereby authorize the Building Inspector to issue a permit to Henry G.. Beru.b.e. and. Edna M.. . Berube... .. ...... I ......................... 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 null-ifying or substantially derpg�ting from the intent or purpos,e Pf the Zoning - Bylaw., AM7,Sl% A T�ue Copy Town Clerk -0'<-'UV f -C P.)UA- Signed ''William' j . '81ulliNiaifi dhair'm'a n' Walter Soule, Vice -Chairman ... ..................... Robert Ford John Pallone 8 c' o't't ' ' k a'r* p* i n's' k:i' ............................ Board of Appeals CD 0. Arv� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Lit.% I 1 1-1 -f—i V P �V�-D Joyce "�DSHAW TOWN CLERK NORTH ANDOVER D & Ec 11 iG Atj #Sq Henry G. Berube Edna M. Berube DECISION 633 Waverly Road Petition #061-94 North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 upon the application of Henry G. Berube and Edna M. Berube requesting a VARIANCE under Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaws so as to permit a front line variance of 20 feet for Lot #1, a front line variance of 20 feet , (north) side setback of 5 feet and (south) side setback of 8 feet for Lot #2, and a front variance of 20 feet for Lot #3, from the requirements of Section 7, Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaw at the premises at 633 Waverly Road. The following members were present and voting: William J. Sullivan, Walter Soule, Robert Ford, John Pallone and Scott Karpinski. 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 Mr. Soule and seconded by Mr. Vivenzio ' the Board voted unanimously to GRANT the VARIANCE 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. Sullifan, Chairman %k Received by Town Clerk: J 0 R Nov 17 3 19 PP '94 C(OPY TOWN OF nOWr11 ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM TRE ZONING ORDINANCE Henry G. Berube Applicant Edna M. Berube Address 633 Waverly Road �brth Andover., mA 01845 Tel. No. . c/o Domenic J. Scalise, 89 Main Street, North Andover, MA 01845 1. Application Is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaws. b) C) 2. a) Premises affected are land X and building(s) X numbered 633 Waverly Road, North Andover, MA SXMNKK)t= b) Premises affected are property with frontage on the North South East West (X) side of stmpbl- Street, and known as No. 633 Waverly Road C) Premises affected are in Zoning District E-4 and the premises affected have an area of X — square feet and frontage of _ feet. (See Addendum attached hereto) 3. ownership: a) Name and address of owner (if joint ownership, give all names): Henry G. Berube and Edna M. Berube Date of Purchase 1/16/49 Previous OwnerBinaham (Deeds) 1/ 9/69 Shay b) AmommixPowamm - 2. to be constructed in accordance with 4. Size of proposed building: fteb i rgj jib it, -Ememe*- cur -rent zoning requirements a) Approximate date of erection: b) occupancy or use of each floor: Re,5jden t J a I C) Type of construction: Wood; Frame „.A 0 , oil these 5. Has there been a previous appeal, �inder zoning premises? No . If go, when? 6. Description of relief sought oil this petition Variance f_or frontage for Lots 1, 2 and -3 I and'side setback for Lot 2 Book 731 Page 439 7. Deed recorded in the Registry of Deeds in Book1077 Page 344 The principal points upon which I ' base my application are as follows: (must be stated in detail) Applicant seeks variance in order to establish two (2) buildable Lots for single -f ly homes in a multi -family district (R-4). Lot sizes will be larger than required by Zoni By -Law. Allowance of variance will not derogate trom intent of By -Law nor constitute I agree to pay the filing fee, advertising in newspaper, and incidental eIXT enses* _ // A - - I. ;7s�_Ign�ature of Petitioriet(s) Don-enic J. Scalise - Attorney for the Petitioner 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 publicationt 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. Lot 1 Lot 2 Lot 3 APPLICANT: HENRY G. BERUBE AND EDNA M. BERUBE Zoning Relief Requirement Actual Requested Frontage - 100 feet 80 feet 20 feet Frontage - 100 feet 80 feet 20 feet Side Setback - 15 feet Side Setback - 10 feet (North) 5 feet Side Setback - 7 feet (South) 8 feet Frontage - 100 feet 80 feet 20 feet LIST OF PARTIES OF INTEREST SUBJECT PROPERTY LAP::j PARCEL LOT rN jA LME lit WAIJCAa jM A. _o.. _+tfdj,,.jo A 63 _7 P, JOYC !�w COPY N �)'q T!i 1 7- R Received by Town Clerk: Nov 17 3 TOWN OF HORT11 ANDOVER, MASSAC11USETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM T11E ZONING ORDINANCE Henry G. Berube Applicant _Edna M. Berube Address 633 Waverly Roa_d h1arth Andover_ MA 01,94-9 Tel. No. . C/o Don-enic J. Scalise, 89 Main Street, North Andover, MA 01845 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.2, 7.3 and Table 2 of the Zoning Bylaws. b) C) 2. a) Premises affected are land x and building(s) X numbered 633 Waverly Road, North Andover, MA mawtm b) Premises affected are property with frontage on the North Soutb East West (X) side of Street, and known as No. 633 Waverlv Road C) Premises affected are in Zoning District E-4 and the feet premises affected have an area of x square and frontage of _ feet. (See Addendum attached hereto) 3. ownership! a) Name and address of owner (if joint ownership, give all names): Henry G. Berube and Edna M. Berube Date of Purchase 1/16/49 Previous OwnerBin om (Deeds) 1/ 9/69 Shay b) t 2. to be constructed in accordance with 4. Size of proposed building: _ - -- !@ - - k! 4 moo-; FS Q feeie. current zoning requiren-en-� a) Approximate date of erection: b) occupancy or use of each floor: PpoiAnniFi C) Type of construction: Wood;Frame 19 5. Has -there been a previous appeal, �Inder zoning, on these premises? No If so, when? 6. Description of relief sought on this petition Variance for frontage for Lots 1, 2 and 3.and'side setback for Lot 2 Book 731 Page 439 7. Deed recorded in the Registry of Deeds in Book1077 Page 344 The principal points upon which I ' base my application are as follows: (must be stated in detail) Applicant seeks variance in order to establish two (2) buildable Lots for singl—e-family hon -es in a multi -family district (R-4). Lot sizes will be larger than requiEtq by Zoning _5�Law�.Allowance of variance will not derogate trom intent of BY -Law nor constitute TT su5stantial cletrimnt to-trie---pu i—c I agree to pay the filing fee, advertising in newspaper, and incidental ex)?enses* _ // A '7��I ) e Ei _tioWeT(_s —) Aignature of F Domenic J. Scalise - Attorney for the Petitioner 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. E very 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 9 requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. APPLICANT: HENRY G. BERUBE AND EDNA M. BERUBE Zoning Relief Requirement Actual Requeste Lot I Frontage - 100 feet 80 feet 20 feet Lot 2 Frontage - 100 feet 80 feet 20 feet Side Setback - 15 feet Side Setback - 10 feet (North) 5 feet Side Setback - 7 feet (South) 8 feet Lot 3 Frontage - 100 feet 80 feet 20 feet LIST OF PARTIES OF INTEREST SUBJECT PROPERTY !�w NORT11 Received by Town Clerk: Nov 17 3 ig PV '94 TOWN OF 14ORTII ANDOVER, MASSACRUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM TRE ZONING ORDINANCE Henry G. Berube Address 633 Waverly Roa_d Applicant Edna M.-Beru Worth AnrInver mA niur, Tel. No. . c/o Dorrenic J. Scalise, 89 Main Street, North Andover, MA 01845 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.2, 7.3 and Table . 2 of the Zoning Bylaws. b) C) 2. a) Premises affected are land X and building(s) X numbered 633 Waverly Road, North Andover, MA SX*%Wt= b) Premises affected are property with frontage on the North ( ) South East West (X) side of Waverly Road StW%QVb1' Street, and known as No. 633 Waverly Road C) Premises affected are in Zoning District R-4 and the premises affected have an area of X square feet and frontage of _ feet. (See Addendum attached hereto) 3. ownership: a) Name and address of owner (if joint ownership, give all names), Henry G. Berube and Edna M. Berube Date of Purchase 1/16/49 Previous OwnerBin kim (Deeds) 1/ 9/69 Shay b) hD0WUKXP00dM= - 2. to be constructed in accordance with. owesv*r; �--- NO 4. Size of proposed building: 4- -a- # a e;e current zoning requirements a) Approximate date of erection: b):. I .:Occupancy or use of each floor: C) Type'of construction: Wood.!Frame r 5. Has there been a previous appeal, i1nder zoning, oil these premises? No — If so, when? 6. Description of relief sought oil this petition Variance for frontage for Lots 1, 2 and -3 . and'side setback for Lot 2 book 731 Page 439 7. Deed recorded in the Registry of Deeds in Book1077 Page 344 The principal points upon which I ' base my application are as follows: (must be stated in detail) Applicant seeks variance in order to establish two (2) buildable Lots for sin-g—le-family homes in a multi -family district (R-4). Lot sizes will be larger than require�b �Zoning By -Law. Allowance of Variance will not derogate trom intent of By -Law nor constitute YT_ tMe-public good. substantial cletfUfEn o I agree to pay the filing feer advertising in newspaper, and incidental ex)?enseg* _ // A 7 igilature oF-Fetitior(ef (s) srDEolmenic J. Scalise - Attorney for the Petitioner 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. _.I. Any communication purporting to be an application shall be treated as mere notice ot 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 listf 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. APPLICANT: HENRY G. BERUBE AND EDNA M. BERUBE Zoning Relief Requirement Actual Requested Lot 1 Frontage - 100 feet 80 feet 20 feet Lot 2 Frontage - 100 feet 80 feet 20 feet Side Setback - 15 feet Side Setback - 10 feet (North) 5 feet Side Setback - 7 feet (South) 8 feet Lot 3 Frontage - 100 feet 80 feet 20 feet ---------- LIST OF PARTIES OF INTEREST SUBJECT PROPERTY IADDREbti MAP PARCEL LOT NAME WA fAar Oa�Aal FSJAJA 10 Received by Town Clerk: Nov 1 3 J 1.9 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM TUE ZONING ORDINANCE Henry G. Berube Address 633 Waverly Road Appl icant Edn i M. 3erube Tel. No. North A 89 � �inStreet, North Andover, mA 01845 C/o Domenic J. Scalise, 1. Application Is hereby made: a) For a variance from the requirements of Section 7 2 the Zoning Bylaws. Paragraph 7.2, 7.3 and Table of b) C) P X 1, R 2. a Premises affected are land X and building (s) X numbered 633 Waverlv Road, North MA -MMUMM b) Premises affected are property with frontage on the North South East West ( X) side of Street, and known )2tCtWWL0.= StM%U5tK- as No. 633 Waverly Road C) Premises a.ffected are in zoning Di strict 1-4 and the feet I premises affected have an ar ea of X square and frontage of _ feet. (See Addendum attached hereto) 3. ownership: a) Name and address of owner (if joint ownership, give all names): Henry G. Berube and Edna M. Berube -1/16/49 Previous Ownerj�� Date of Purch�`se (Deeds) 1/ 9/69 Shay b) c I -- - --------- nkAi,,mK, 2. reqwbrWW= to be constructed in accordance with 4. size of proposed building: - 0w**kk--,' - fm --12 44-@4QJ6k -94AW-iQ4W +ee*. current zoning requirements a) Approximate date of erection: V��4Annfi occupancy or use of each floor: C) Type 'of construction: Wood: -- a, 5. liar, there been a previous appeal, �inder zoning, oil these premises? No ' If so, when? 6. Description of relief sought oil this petition -variance fgr frontage for Lots 1, 2 and 3 . and'side setback for Lot 2 Book 731 Page 439 7. Deed recorded in the Registry of Deeds in Book1077 Page 344 The principal points upoll which I ' base my application are as follows: (must be stated in detail) Applicant seeks variance in order to establish two (2) buildable Lots for single -f ly homes in a multi-fe-mily district (R-4). Lot sizes will be larger than required by Z ning By -Law. Ailowance ot Variance will not derogate trorn intent of By -Law nor constitute substantiai detriment to the public I agree to pay the filing fee, advertising in newspaper, and Incidental e1XT enses* - // A I Aignature of i�eti_tio4ef(s) ," Domenic J. Scalise - Attorney for the Petitioner 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. - Ally 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 f orm. 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 wayr 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 f-rn the Board of Avveals upon request. APPLICANT: HENRY G. BERUBE AND EDNA M. BERUBE Zoning Requirement Relief Actual Requested Lot 1 Frontage - 100 feet 80 feet 20 feet Lot 2 Frontage - 100 feet 80 feet 20 feet Side Setback - 15 feet Side Setback - 10 feet (North) 5 feet Side Setback - 7 feet (South) 8 feet Lot 3 Frontage - 100 feet 80 feet 20 feet . 4 JST OF PARTIES OF INTEREST 3UBJECT PROPERTY ��ADXDRESS 7r� NAME tj.8 I j �—,M�A P PARCEL LOT mAci 'X7 14, 13� 1 ABUTTERS ADDRESS MAP PARCEL LOT NAME '7.)� i t' JfA-tEr I &L 4. rLw i ja jt Z 1. 7�n,40 J? 7 X I (at�? UJAA4LI 41A orb% AsoAdwl'-i ca (3 -1 7—i a willf 171 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. 3. 4. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 3 and Table 2 of the Zoning-�-y-laws. 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. 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. f rontage 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. 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. Size of proposed building: 24' front; 24' feet deep; Height I stories; 16' feet. a) Approximate date of erection: 1/9 5. PF b) occupancy or use of each floor: garage c) Type of construction: wood frame Has there been a previous appeal, under zoning, on these premises? yes — If so, when?August, 1994; Septembvr, 1994. Description of relief sought on this petition c4A- —A .... vnrd ,Prbacks 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) qpp attached Exhibit A the filing fee, advertising in r\ 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. TYPE USI . NG BLACK INK. IF MORE TRAN 20 NAMES PROVIDE 2 SETS,1ABELS. PRINT CLEARLY OR ZBA. Premises to be affected: 39 & 41 Milton Street LIST OF PARTI S- OF INTEREST SUBJECT PROPERTY ADDRE*S�*S MAP P A RECE EL IL O!T E EN A aME 9� & 4 1 milt nn 39 & 41 Milton Street 00 1 r!31 0031 Francis L. DiNu-cio Jr. & DiNuccto NAME Mary Church & Veronica Tanner Thomas & Marilyn Licciardello James & Alice DeAdder Glen & Cat�erine Johnson Dav i d & 5 ud ith Gabriel i " Ju " ' ' I James & Christianne Humphrey 1 1 Thomas Cepukas Linda M. Bartashy Kevin & Joanne Lee ADDRESS 35 Milton Street, N. Andover, MA 99 Middlesex Ave., N. Andover, MA 29 Milton Street, N. Andover, RA 55 Pilgrim Street, N. Andover, MA 44 Franklin Street, Reading, MA r K c' I" "u' 0 Pilgrim Street, N. Andover HA 0 8-40 Milton Street2 N -_Andover r Q� ... t N A 4-36 Milton St ee t N . And ov 8 M i Ito S t r t ov r M Milton Street, N. Andover.. MA 1b ABUTTERS_ MAP PARCEL LOT 31 0030 31 0033 31 0029 31 0044 31 0032 31 0036 31 0022 31 0023 31 0053 NAME Mary Church & Veronica Tanner Thomas & Marilyn Licciardello James & Alice DeAdder Glen & Cat�erine Johnson Dav i d & 5 ud ith Gabriel i " Ju " ' ' I James & Christianne Humphrey 1 1 Thomas Cepukas Linda M. Bartashy Kevin & Joanne Lee ADDRESS 35 Milton Street, N. Andover, MA 99 Middlesex Ave., N. Andover, MA 29 Milton Street, N. Andover, RA 55 Pilgrim Street, N. Andover, MA 44 Franklin Street, Reading, MA r K c' I" "u' 0 Pilgrim Street, N. Andover HA 0 8-40 Milton Street2 N -_Andover r Q� ... t N A 4-36 Milton St ee t N . And ov 8 M i Ito S t r t ov r M Milton Street, N. Andover.. MA EXHIBIT A Petition for Relief by Francis L. DiNuccio, Jr. and Lynn Ann DiNuccio. PropM: 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 I 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. LIST OF PARTIES OF INTEREST SUBJECT PROPERTY p�E:4� -"�L] NAME 1ADDHEbti MAP PARCEL OT joi2 0 WAV%Aa4 &�Aal ;L7 I t , A - ;L7 14. 13. 1 * Hilbi2v 9 0 TOWN OF NORTH ANDOVER MASSACHUSETTS r___ BOARD OF APPEALS x�, Z) XdA�� 1;�d Dear AQoLicant: Date: /Z E.-.c_`cse,d is a copy of the legal notice for your application berire t' -e 21card of Appeals. Ki.ndIv sutmit $ 6, J(?_ for the following: Filina Fee X,2 /, _:�7 J,2 y3uZ cliec - -1 must be made payable to the Town of Nor,Lh Anclover anri MaY Ce sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. HenrY G. Berube 1309 LS Edna M Berube 5-20/110 633 Waverty Rd Nqrth An6ver, Ma 01845 J, �2 _1 9—W PAY TO THE i ORDER OF "'y - ty -A �(Jw/l DOLLARS immut Eiiik Boston, FOR/--- - - �. . __ T_- - - - - , "I - L _. �,N� ` L� - N 4, 44 �slba