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Home My WebLink AboutMiscellaneous - 7 BONNY LANE 4/30/2018 (3) r , Variance ❑ Speciai Penni APPLICATION FILED ON, ? W DECISION DUE 0 q� w J va S ".Legal Notice TOWN OF77�7 ' NORTH ANDOVER = : fiO/LRD OF-APPEALS " s NOTICE ' NORTH SAC S Notice isherebygiven That the "-Board of. s,will` • APPS .. . 9 F�`hearing at_the jow 84ding;- North Andoveron .JJlonday - f= ening the 13th day.of August_ .1984.at 7`30 o'clock;to all par%.. 1. bes'intere sted'Irrthe appeal°of,... U ,TI�MAS': b`'INU ANI;: 7RUS7EE OF I ULTON'ftEALi!' . egkjestin 'a-vailation Of Sec_7,:,; Par:.7.3&Table 2 of the Zoning." y:ByLaw.so as tojoerrhit relief In :4—the—fear setback requirement to allow the continbed existence bf .: TM an -enclost*pomh nn'-_the;.• f -1 premises;loca{eco 417 7'"Bonny `Lane. °s -~ --By Order'-of ttii Bo2rd of Ap�'— peals. frank Serio,Jr. Chairman Publish N.A. Citizen: July 19 and 26 1984 _;-y24 j......ti;...•r.�..:.:.atc.."fl. .��--Rte'.>..e.-y r A .'�N° +3: tpR►�R 1T'�� (�. APAIL7M :.b a i 1855 ; • H13 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . . . .July. 17. . . .19 84 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. . . .2•..onday. venin j . . the . 13t;41ay of . . . . . . . .Augus.t. . . . . . 19. .8 4 at 7... 3100ck, to all parties interested in the appeal of . . . . . THOMAS .U: - LAU�IDA14.1. TRUST E OF. .,cULTON .REALTY requesting a variation of See.. .7. . Far.,. .7...3 . &oAt0i"i g By Law so as to permit- . .re-lief fraw. .the rear. setback reruirerr�ent to allow the. .cun..tiau`d. .exi.ztence ofan. anc.losed. patch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . .7. 13cnny. Larne. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals I3y: Frank Serio, Jr. , Chakrman Publish: Citizen: July 19 and 26 , 1984 Send bill to: Thomas Laudani 7 Bonny Lane No. Andover, Mass. .� ►'JO NORTF�r Any appeal shall be filed RECEIVED ;j3; A40 within DANIEL L �,,,A,L,,,°,�' wi#hin (20) days after the =OWN �r G : • • isss date of filing of this Notice AA'S9• !� A N�igTN dER sA`"°5�tvivVII •�'A in the Office of the Town [! AUG ZZ r TOWN OF NORTH ANDOVER Clerk.3� 8 MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . August .16.,. . 1.9 8 4 Petition No.. . . . . .397-1-8-4. . . . . . . . . Date of Hearing. 19.8 4 Petition of THOMAS LAUDANI . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .7. Bonny Y. Lane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . Z.oni ng. .By. . Law, Section 7, Paragraph 7. 3 and Table . 2. . . . . . . . . . . . . . . . . so as to permit relief. .from . t.he. rear . setb,ack. .requir.eme.iit. .to. .allow. .the continued . e.xis.ten.ce. of. .an. enclosed. por.ch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .Deny. . . . . the variance. � eb�xxaarttlriQ� �cin$xfto� sx ft � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank, ,Serio.,. .Jr. ,. ,. .G;iairman. . . . . . . . . Al.fre.d .E.. .Fri zelle, . E.sq...,. .:J.ice. .Chairman i?i.chard. J. . TrePani.er.,. .Esq. .,. .Cl.erk Wi.11i.am. J. . &ullivan. . . . . . . . . . . . . . . Augustine . W.—Nickerson. . . . . . . . . . . Board of Appeals • ff , 0 RECEIVED "ORT" Any appeal shall be filed DANIEL LUNG TowH CI ERS cr ' within (20) days after the NORTH ANDOVER date of filing of this Notice AUGz .�,b in the Office of the Town !! 3.i AM gq 3 SAC14 Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16, 1984 Mr . Daniel Long, Town Clerk Thomas Laudani Town Office Building 7 Bonny Lane North Andover , Mass . 0184,5, Petition No. 39- ' 84 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, August 13, 1984 .upon the application' of Thomas Laudani . The hearing was advertised in the North Andover Citizen on July 19 and 26, 1984 and all abutters were notified by regular rwail . The following members were present and voting: Frank Serio, Jr . , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier , Esq. , Clerk; William J. Sullivan; and Augustine W. Nickerson. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the rear setback requirement to allow the continued existence of an enclosed porch on premises located at 7 Bonny Lane in the R-2 zoning district . Counsel for the petitioner testified that the dwelling was con- structed in 1982. The petitioner subsequently purchased the property and requested the enclosed porch. No building permit was applied for or issued for the porch. The porch is approximately 25 feet from the rear lot line where 30 feet is required under the Zoning By Law. A land swap with an abutter is not possible since there is insufficient land between structures to meet the necessary setback. Removal of the porch would create a hardship to the petitioner . No objection was voiced at the hearing. RECEIVED ° Thomas Laudani DANIEL LONG T0WN CLERK7 Bonny Lane NORTH AN100VER Petition No. 39- ' 84 August 16, 1984 AUG 2z j 31 AM #8 Page 2 A motion was made by Mr . Nickerson and seconded by Mr. Frizelle to grant the variance as requested. The motion failed to carry, with Members Serio, Trepanier and Sullivan voting in opposition and Members Nickerson and Frizelle abstaining. Therefore, pursuant to MGL Chapter 40-A and the North Andover Zoning By Law, Section 10, Paragraph 10.4 ( 2) , the petition is denied. In denying the variance, the Board finds that Section 10.4 of the Zoning By Law has not been satisfied. In particular, the Board finds that if proper application and issuance of a building permit for the porch had, been made, said porch would have been con- structed within the requirements of the Zoning By Law, and, therefore, no hardship has been 'shown as required under the Zoning By Law. Granting said variance, in the opinion of the Board, would nullify and derogate from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr . , Chairman Jw S�w C�_/111-1 /C;l /Iii/fl(r-141 J). FOR PERMIT TO BUILD - NORTH ANDOVER, MASS. PAGL 1 AP NO. LOT ND. 2 RECORD OF OWNERSHIP iDATE BOOK PAGE S U!:, C A'. LOT N O. � C A T I ON' P.R0'3E OF BUILDING '7 IT NO. OF STORIES N z F-I s N A Ni E BASEMENT OR SLAB AHlTl__Cf NAM� SIZE OF FLOOR TIMBERS ls:T�X/ 2ND 3RD `C SPAN Tj NEA-EST G DIMENSIONS OF SILLS lx( E!5:A,',CE FROM ST.RE:---T POSTS [;�z'ANCE FROM LOT LINES SIDES _7_' REAR GIRDERS x/110 PE,l, OF LOT FRONTAGE .,(-/5-,l 1 HEIGHT OF FOUNDATION THICKNESS/ "S UILDING NEW SIZE OF FOOTING o' (j x IS CUILDING ADDITION- MATER:AL OF CHIMNEY IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND 's-0 e `,VILL BUILDING CONFORM TO REQUIREMENTS OF CODE IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION. IF ANY IS BUILDING CONNECTED TO TOWN SEWER 15 BUILDING CONNECTED TO NATURAL GAS LINE INSTRUCTIONS 3 PROPERTY INFORMATION LAND COST J!V 00 C) SEE SOTH SIDES EST. BLDG. COS! -'� - PAGE I FILL OUT SECTIONS I - 3 EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM PAGE 2 FILL OUT SECTIONS I - 12 SEPTIC PERMIT NO. ELECTRIC METERS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR DATE FILES BOARD OF HEALTH O',VNER 0 U HORIZFL)AGENT FEE Cl PLANNING BOARD PERMIT GRANTED 19 i c BOARD OF SELECTMEN BUILDING INSPECTOR Received by Town Clerk : �� •'^ ' ' '•°° o � Dater: 3 ' 'TO�Jid' 01F NORTH ANDOVER, MASSACHUSETTS _ 1 BOARD OF APPEALS R Jd4CHU5t1 Ti m e Fc JUL Not. c : 36 TWomappl i cati on must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Thomas D. Laudani , Trustee of Applicant Fulton Realty Trust Address 7 Bonny Lane, No.Andover 1 . Application is hereby made ( a ) For a variance from the requirements of Section 7 . 3 Paragraph and Table 2 of the Zoning By-Laws . ( b ) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a ) Premises affected are land and building( s ) numbered 7 Bonny Lane xrxiKX ( b ) Premises affected are property with frontage on the North ( ) Soutn ( ) East ( ) West ( x ) side of Bonny Lane S)E***)tX and known as No . 7 Bonny Lane Y.4;6l6x ( c) Premises affected are in Zoning District R2 and the premises affected have an area of 43 , 576 square feet and frontage of 315 )Vq xfeet . 3. Ownership ( a ) dame and address of owner ( if joint ownership , give all names ) : Thomas D. Laudani , Trustee of Fulton Realty Trust Date of purchase 12/1/83 Previous Owner Jayco Realty Corp. ( b ) If applicant is not owner , check his interest in the prLmises : Prospective Purchaser Lesee Other (explain ) existing 4 . Size. 0f Txx4xDwuck-.-buildin9 : 73 ' � front ; 441A _feet deep ; Height : 1 _1/2_stories ; feet . ( a ) Approximate date of erection : 1982 ( b ) Occupancy or use of each floor : singleammily`resic'{ential ( c ) Type of c—on struction :A _woo -frame 5 . Size of existing building : feet front ; feet deep ; Hei ght :_^_____stories ; feet . ( a ) Approximate date of erection : ( b ) Occupancy or use of each 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 Variance of the rear setback requirement so as to allow the continued' existence of an enclosed porch. 8.. Deed recorded in the Registry of Deeds in Book 1754 page 2 _ or Land Court Certificate No . Book — Page — . .y i ' The principal points upon which I base my application are as follows : ' (Must be stated in detail ) At the time the construction was commenced it was believed that ! sufficient distance was available to the sideline to allow con- struction. Thereafter , construction was completed , believing sufficient land was available between the petitioner and the abutter .. to conform to the zoning requirements. To remove the existing structure woulct cause sulDstantial tinanclaiar s ip to trie petitioner . e v r- iance is necessary due to the lot configuration in the area and the reller may be granted witnout su s an is e rimen e pu lc 2cohweibtyoytawnullifying and substantially derogating from the intention I agree to pay or advertising in newspaper and incidental expenses* 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 $25 . 00 . In addition , the petitioner shall be respon - sible for any and ;ali costs involved in bringing the petition before the Board . Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name "Address .. FNE2 9— � � E 0� �?N � E/� 85 � Maf0eX11 , ,9 , i 95q-;OW1VC�9c-JGc�(°LL 1$ 1 6 6-R_E747— PO4 2D, 1U . �9 OlvtHONY M/91,lZ F,�V � e�T�'p hJ/ 1 5. G-i?E�-I PO N D A) , , x W 111l 4-- 0 A) 'f� 013 �9 G�'e0/91 i FOA1 D O?P N, r- � GH R� r4 , �,�- Ar 6r-O 0 09-/0 C ,1 T8 n1 �U e j 93 P) p STS A1, " � G ( Use additional sheets if necessary) d PETITION OF RESIDENTS AND ABUTTERS TO: NORTH ANDOVER BOARD OF APPEALS We, the undersigned owners and residents of land and buildings located on Bonny Lane and Great Pond Road in the Town of North Andover , wish to communicate to the North Andover Board of Appeals, the following : 1 . We are aware that the North Andover Zoning By-Law was designed to provide for an orderly and uniform layout of buildings within the Town of North Andover . 2. We feel that the physical layout of the buildings located on Great Pond Road and Bonny Lane in our area have met that desired result. 3 . It has been brought to our attention that the property owned by Thomas D. Laudani as Trustee of Fulton Realty Trust, violates the rear set back requirement in that its enclosed porch is approximately six (6 ' ) feet too close to the rear lot line. 4 . We feel that the present physical structure owned by Thomas D. Laudani as Trustee of Fulton Realty Trust, aesthetically conforms to the overall pattern and development in our area and substantially, if not completely, meets the desired results of our Zoning By-Law. We therefore ask that the North Andover Board of Appeals grant the variance requested by Mr . Laudani so that what presently exists will be legally allowable. 5 . We further do not feel that the structure as it exists is a detriment to the area or to our properties, and we would ask that the Board of Appeals grant the variance without any conditions as to time of existence or otherwise. ' gned and se ed by us on the dates listed below. i I S i IN ------------- W 1 i GMS 3 _ � 1 0 04.,* 5rJ . r Soil w 1 . ....T:.�� n v moi• t , NORTH ANDOVER BUILDING DEPARTMENT 140RT1f 120 MAIN STREET NORTH ANDOVER, MA 01845 •i # SACHUS�� INSPECTOR OF Bumi)mo5 TEL. 888-8102 ELECTRICAL INSPECTOR GAS INSPECTOR August 13, 1981. Board of Appeals Town Office Building North Andovert Ma. Re: Petition of Thomas D. Laudani Gentlemen: Enclosed you will find a certified plot plan with no indication of a deck. The decks were constructed after sub= mission of the plot plan and without a building permit. The building permit application shows no indication of a deck or porch. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:af FASEMENT 4 Z �- ✓ r.''1JEi�.— T'P73�~` ar 1 t l _ ! ` I { .�s.f� ' AAA .� •, - ,:�., _ µ - 4' N DO 1 _ 1 4 %J y t i✓j ♦. a.{a it y " � ... -' . 4,I'. f'l �-ger` ...:•'..� .. — GREAT REtrI.- f z40, s r p 4 .i f orf �...Tl rq rr 33 � lL.._✓ �d � - ++ -',,A S K x''31`t*.,,,+ P J� 4 ;� `,,,f+�^ :3 lr✓Ci % •`4LJ#h }'',:�iw 7r"�µ��' �C 4 I�,.��:.k. �"'�1'"4 �'rP.a '�'! �, '1i:j*n E � "�e t � � t �.�, 1�.r f��A'�, } r TF!1aED AS f,.,E NS,J I» Si .. ' E.7i.'3 .. t {.u..ei♦ ., i I L.._.�� 31'`�f '�•Y"' . P� A ,':J3+' ., itic./'+...1�<..- �''�� ! i t t , i . F i Z r' } g& 4as o6 nAiul7 go