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HomeMy WebLinkAboutMiscellaneous - 679 SOUTH BRADFORD STREET 4/30/2018 (2) 679 SO BRADFORD STREET 210/104.D-0150-0000.0 i ' 1 II � I NCeTM • • i to TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Craig & Jane Whitelock 679 S. Bradford Street North Andover, MA 01845 Date: April' 21, 1994 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ 6.96 for the following: Filing Fee $ Postage $ 6.96 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Cleric MASSACH'JSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTIN( t (Print or Type) Z� l NORTH ANDOVER Mass. / Date _ /q. E uildina Location-61-7 5Q. �eadAyFd Permit # 5 3 Owners Name 0-91C44 W,1,o' cL New Renovation Replacement Plans Submitted s FIX ►-!� rn W N m a m ¢ p rn = < uj ca N t' W yet O a C: W F- F in > 4 w % v to `w -I( cc �° o Ul — W u, (n W Q tt: a a: W W W O ? U. f- W 1 E- W Z W 4 rt to to = O '� O 0 i C } C W o < G 4 Q O O W O W F- O c: u. o Q ca a v c > Q St1Fj—iiSi.tT. t � � I BASEMENT IST FLOOR 2N0 FLOOR G1 3110 FLOOR 4TH FLOOR 5TH FLOOR 6TH FLOOR 7TH FLOOR STH FLOOR (Print or Type) � `G✓�� � Check e: Certificate Installing Company Name ` QCorp. Address S Z 6 l � sr Partner. 6,gCA1pXCe InO, 3 Firm/Co. Business Telephone: 6 —c( Name of Licensed Plumber or Gas Fitter Insurance' Coverage. Indicate the type of insura.-�ce coverage by checking the appropriate box: Liability insurance policy [�o Other type of indemnity 0 Bond Ej Insurance Waiver: I , the undersigned, have been made aware that the licensee of this application does not have any one of the above three insurance coverages. Signature of owner/agent of property Owner U Agent Q 1 hereby certify that all of the details and information I have submitted (or entered)in above application are true and accurate to the best of my knowledge and Ueat all plumbing work and Installations performed under Permit ivaed for this application will-be in compliance with all p=tlnent provisions of the Massachusetts State Gas Code and Chapter 14I of tho General Laws. By TYPE LICENSE: Plumber Title Gasfitter Signature of Licensed Plumber or Gasfitter City/Town: Master Journeyman 1 APPROVED (OFFICE use ONLY) License Number Date...). .% 1-J ...... F ,.preTM TOWN OF NORTH ANDOVER 0 y � `p PERMIT FOR GAS INSTALLATION SACHUSES T This certifies that has permission for gas installation . . . . . . . . . . . . . . . in the buildings . .. . . . . . . . . . . . . . at .(n. - `'. . . .,-. .!!`.t'��, . i�orth Andover, Mass. Fee.l2 .-.� Lic. No. . . GAS INSPECTOR WHITE:Applicant•µ CANARY: Building Dept. PINK:Treasurer GOLD:File Received by Town Clerk: APR 151994 BOARD OF APPEALS TOWN OF NORTH ANDOVER, MASSA BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Craig P. Whitelock ApplicantJane M. Whitelock Address679 South Bradford St. North Andover, MA .. 01845 Tel. No508-686-4476 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. X 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 679 South Bradford Street Street. b) Premises affected are property with frontage on the North ( ) South (X ) East ( ) West ( ) side of South Bradford Street. Street, and known as No. 679 South Bradford Street. C) Premises affected are in Zoning District R-1 and the premises affected have an area of 55,284 square feet and frontage of 168 .56 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Craig P. Whitelock and Jane M. Whitelock Date of Purchase July 23 ,19.93Previous OwnerBelford Homes , Inc b) 1. If applicant is not owner,- check his/her interest in the premises: Not Applicable Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. 4 . Size of proposed building: -- front; -- feet deep; Height -- stories ; -- feet. July 22 , a) Approximate date of erection: 1993 - Certificate of Occupancy b) Occupancy or use of each floor: Residential C) Type of construction: Single Family Home previous under zoning, on these 5. Has there been a pr appeal, g, premises? No If so, when? N/A 6. Description of relief sought on this petition See Attached Exhibit ',W' 7 . Deed recorded in the Registry of Deeds in Book 3788 Page235 Land Court Certificate No. -- Book -- Page -- The principal points upon which I base my application are as follows: (must be stated in detail) See Attached Exhibit "B " I agree to pay the filing fee, advertising in newspaper, and inci ental ex=*j: rlerhl � Signature Petitioner(s) 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. Rev. 4/93 • t LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP IPARCEL ILOT INAME JADDRESS ABUTTERS ;MAP PARCEL LOT INAME (ADDRESS i %L`y.�� / '� i icy �;�c•- .9.�-:1�,�,� i/�-% �/i?/,;.� ;, 41 if I / i I I � i i i ' I i i i i • I i EXI-IIBIT "A" The Petitioners seek review of a Decision of the Town of North Andover Building Inspector who denied a building permit to renovate a basement to include a playroom, bathroom, bedroom and closets. EXHIBIT "B" The Petitioners seek review of the Town of North Andover Building Inspector's Decision to deny a building permit for renovations to their basement, by creating a playroom, bathroom, bedroom and closets. The Petitioners would also add and overflow system to its existing hot water system, which work would not need require a building permit pursuant to Massachusetts Law. The Petitioners presented plans for said work to the Town of North Andover's Building Inspector who has verbally informed the Petitioners, their contractor and attorney that he would deny said application. The reason for the denial is the Inspector's feeling that the renovations looked like an apartment and since a kitchen could easily be added after the construction, he could not allow the renovations though they do not include a kitchen. The Petitioners, have owned 679 South Bradford Street, North Andover, Massachusetts 01845 since July 22, 1993. The Whitelocks have three young children and Mrs. Whitelock is expecting twins in June, 1994. The basement renovations are desperately needed to accommodate the two twins and a nanny the Petitioners have hired to care for their children. The Town of North Andover Building Inspector claims the proposed renovations coupled with the fact that a nanny will be living with the Whitelocks is enough evidence to deny the building permit. The Petitioners disagree for the following reasons pursuant to the provisions of North Andover Zoning By-Laws. A close review of the Town of North Andover's Zoning By-Law will find that the proposed renovation of the Petitioners basement would not constitute"a dwelling unit" as defined thereunder. Under Section 2.35 a dwelling unit is defined as "one or more rooms, including cooking facilities, (emphasis added) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes". The renovations proposed by the Petitioners as indicated in their plans does not include construction of a cooking facility in the basement. The renovations and the use of the premises by the nanny and the children of the basement premises would not take the property away from its one family status as all would be living as one family. The Town of North Andover's Zoning By-Law defines a one family dwelling as a"dwelling built single and apart from any other building and intended in design to be occupied and used exclusively for residential purposes by one family." The Whitelocks use of their home clearly falls into this definition. The term "family" is further defined under Section 2.37 of the Town of North Andover's Zoning By-Law as "one or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging, club, fraternity or hotel". The Whitelock's and their nanny will be living together as a single family unit and not separate and apart. There will be one kitchen in this home which will remain in the upstairs premises and the nanny will use the entire premises as her home together with the Whitelocks. The renovations proposed by the Petitioners are clearly allowed by the North Andover Zoning By-Law. There is no evidence and pure conjecture by the Town of North Andover Building Inspector that the basement will be used as a separate dwelling unit. This belief is simply incorrect. The Petitioners have been adversely affected by the decision of the Town of North Andover Building Inspector and the decision has created much anxiety and stress for the Whitelocks given the impending birth of the twins. The Petitioners request that the Town of North Andover Building Inspector's decision be overturned and a Building Permit be issued for the renovations contemplated by the Petitioners' plans. a Craig AArhitelock, Petitioner K.LAL JAie M. Whitelock, Petitioner I I i f DANIEL A. HAYES JR. ATTORNEY AT LAW MORRIS.ROSSI& I 32 CHESTNUT HAYS - STREET � J ANDOVER.MASSACHUSETTS 01810 TELEPHONE(508)475.1300 FAX 1508)474-0478 pORTH O �'SSACHU5Et TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 10th day of May 1994 at 7: 30 o'clock, to all parties interested in the appeal of Craig and Jane Whitelock as a Party Aggrieved of a decision of the Building Inspector who denied a building permit to renovate a basement to include a playroom, bathroom, bedroom and closets on the premises located at 679 South Bradford Street. By Order of the Board of Appeals Frank Serio, Jr. , Chairman Publish in the North Andover Citizen on April 20 and 27, 1994 . LEGALNOnCE TOWN OF NORM ANDOVER BOARD OFAPPEALS Nona i Notloe Is hereby given that the Board of Appeals Will give a hearing at the Senior Citizen's Center located at the rear of the Town Building,120 Main Street,North Andover on Tuesday evening the 10th day of May 1094,at 730 o'clock,to as parties inter. sled in the appeal of Craig and Jane Whitelock as a party Aggrieved of a decision of the Building Inspector who denied a building permit to renovate a basement to include a playroom,bathroom,bed. room and closets on the premises located at 679 South Bradlotd Steel By Order of the Board of Appeals Frank Serb,Jr.,Chairman NAC:4/21,2811994 Hed Any appeal shall be fil NORTH P01,1'— ,a'1Ho 6Within (20) (1 0 date of filr .a) of 4 3 in the Office ol' ,YS C US TOWN OF NORTH ANDOVER MASSACHUSETTS *****�Q A R9 OF APPEALS Craig P. Whitelock DECISION 679 South Bradford Street North Andover, MA 01845 Petition #021-94 The Board of Appeals held a public hearing on Tuesday evening, May 10, 1994 upon the application of Craig Whitelock as a Party Aggrieved of a decision of the Building Inspector who denied a building permit to renovate a basement to include a playroom, bathroom, bedroom and closets on the premises located at 679 South Bradford Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Robert Ford, John Pallone and Scott Karpinski. The hearing was advertised in the North Andover Citizen on April 20 and 27, 1994 and all abutters were notified by regular mail . Upon a motion by Mr. Soule and seconded by Mr. Ford, the Board voted unanimously to override the Building Inspector' s decision and to allow the petitioner to renovate the basement as requested. Dated this 20th day of May 1994 . BOARD OF APPEALS . 4 Frank Serio Jia Chairman s o;,�� Any appeal shall be filed .� ` within 20 �,. �.���r� ( ) ys af�cr _ : • 1855 i i'. date of fiing of ;I;s ,� 3 in the Office of the own 'VV�w��� `U TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Date . . May .?9,. 19.9.4 . . . . . . . . . . . . Petition No.. . . 021.-.9.4 . . . . . . . . . . . . Date of Hearing. . May 10, 1994 Petition of . . . . C.rai9.P.- Whitelock . . . . . . . . . . . . . . . . . . . Premises affected .679. south.Bradf,ord.Stree.t . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of a decision Referring to the above petitionof the.Building Inspector who denied a .building permit. to renovate a basement. to. include. a. . . . . j"4Xt � playroom, .bathroom, ,bedroom .and. clo.s.ets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .OVERRIDE . . the Building Ins.pe.ctor's. decision and allow the petitioner .to .renova.te the basement. as. reques.t.ed.. . . . . . . . . . . . . f�X$h�X�i�t � Xa�bXr�X�tt �7dXil� b� �5�iX Signed Frank Serio, Jr. , Cirman Walter Soule, Clerk . . . . . . . . . . . . I . . . . . . . Robert Ford John Pallone i Scott Karpinski. . . . Board of Appeals 10 r f 1 O V V Received by Town Clerk: APR 1 5 1994 TOWN OF NORTH DF PP S BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Craig P. Whitelock ApplicantJane M. Whitelock Address679 South Bradford St. North Andover, MA. . 01845 Tel. No508-686-4476 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. X 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 679 South Bradford Street Street. b) Premises affected are property with frontage on the North ( ) South (X ) East ( ) West ( ) side of South Bradford Street. Street, and known as No. 679 South Bradford Street. C) Premises affected are in Zoning District R-1 and the premises affected have an area of 55 ,284 sc_uare feet and frontage of 168 . 56 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Craig P. Whitelock and Jane M. Whitelock Date of Purchase July 23 ,1993Previous OwnerBelford Homes , Inc b) 1. If applicant is not owner;- check his/her interest in the premises: Not Applicable Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. 4 . Size of proposed building: -- front; -- feet deep ; Height -- stories ; -- feet. July 22 , a) Approximate date of erection: 1993 - Certificate of Occupancy b) Occupancy or use of each floor: Residential C) Type of construction: Single Family Home ' f 5. Has there been a previous appeal, under zoning, on these premises? No If so, when? N-A 6. Description of relief sought on this petition See Attached Exhibit !W' 7 . Deed recorded in the Registry of Deeds in Book 3788 Page235 Land Court Certificate No. -- Book -- Page -- The principal points upon which I base my application are as follows: (must be stated in detail) See Attached Exhibit "B " I agree to pay the filing fee, advertising in newspaper, and incidtal p ,�& bcz) - 0 Signature of etitioner(s) 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. Rev. 4/93 LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAP !PARCEL ILOT INAME JADDRESS /c yo I / ABUTTERS ;MAP iPARCEL LOT (NAME (ADDRESS /Xll.Cry %4- - v I 4 I I L -L 1 I � I �/4Z,55 I I ' i i I I ' I i ' I I I I i i EXHIBIT "A" The Petitioners seek review of a Decision of the Town of North Andover Building Inspector who denied a building permit to renovate a basement to include a playroom, bathroom, bedroom and closets. I ENIMIT "B" The Petitioners seek review of the Town of North Andover Building Inspector's Decision to deny a building permit for renovations to their basement, by creating a playroom, bathroom, bedroom and closets. The Petitioners would also add and overflow system to its existing hot water system, which work would not need require a building permit pursuant to Massachusetts Law. The Petitioners presented plans for said work to the Town of North Andover's Building Inspector who has verbally informed the Petitioners, their contractor and attorney that he would deny said application. The reason for the denial is the Inspector's feeling that the renovations looked like an apartment and since a kitchen could easily be added after the construction, he could not allow the renovations though they do not include a kitchen. The Petitioners, have owned 679 South Bradford Street, North Andover, Massachusetts 01845 since July 22, 1993. The Whitelocks have three young children and Mrs. Whitelock is expecting twins in June, 1994. The basement renovations are desperately needed to accommodate the two twins and a nanny the Petitioners have hired to care for their children. The Town of North Andover Building Inspector claims the proposed renovations coupled with the fact that a nanny will be living with the Whitelocks is enough evidence to deny the building permit. The Petitioners disagree for the following reasons pursuant to the provisions of North Andover Zoning By-Laws. A close review of the Town of North Andover's Zoning By-Law will find that the proposed renovation of the Petitioners basement would not constitute"a dwelling unit" as defined thereunder. Under Section 2.35 a dwelling unit is defined as "one or more rooms, including cooking facilities, (emphasis added) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes". The renovations proposed by the Petitioners as indicated in their plans does not include construction of a cooking facility in the basement. The renovations and the use of the premises by the nanny and the children of the basement premises would not take the property away from its one family status as all would be living as one family. The Town of North Andover's Zoning By-Law defines a one family dwelling as a"dwelling built single and apart from any other building and intended in design to be occupied and used exclusively for residential purposes by one family." The Whitelocks use of their home clearly falls into this definition. The term "family" is further defined under Section 2.37 of the Town of North Andover's Zoning By-Law as "one or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging, club, fraternity or hotel". The Whitelock's and their nanny will be living together as a single family unit and not separate and apart. There will be one kitchen in this home which will remain in the upstairs premises and the nanny will use the entire premises as her home together with the Whitelocks. The renovations proposed by the Petitioners are clearly allowed by the North Andover Zoning By-Law. There is no evidence and pure conjecture by the Town of North Andover Building Inspector that the basement will be used as a separate dwelling 4' unit. This belief is simply incorrect. The Petitioners have been adversely affected by the decision of the Town of North Andover Building Inspector and the decision has created much anxiety and stress for the Whitelocks given the impending birth of the twins. The Petitioners request that the Town of North Andover Building Inspector's decision be overturned and a Building Permit be issued for the renovations contemplated by the Petitioners' plans. - 4- 3.JASk- Craig P, hitelock, Petitioner h.(L MA& t J ne M. Whitelock, Petitioner 8 May 1994 Subject: Appeal of Craig and Jane Whitelock 679 South Bradford Street To: Frank Serio, Jr., Chairman North Andover Board of Appeals As the only homeowner with a property abutting that of Jane and Craig Whitelock, we would like to state to the North Andover Board of Appeals that we have no objection to the planned renovation of the aforementioned premises. We understand that this renovation will involve the addition of a playroom, bedroom and bathroom to the basement of these premises. (Q IAV� Charles Marshall Eliz eth Marshall 667 South Bradford Street North Andover, Massachusetts