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LEGAL NOTICE
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
April 11, 1990
Notice, is hereby given
that the Board of Appeals
will give a hearing at the
Town Building, North An-
dover, on Tuesday the 1st
day of May, 1990, at 7:30
P.M. o'clock, to all parties
interested in the appeal of
Anna Gilbert requesting a
variation of Sec. 7.1 7.2 &
Table 2 of the Zoning By
Law so as to permit divi-
sion of her land Into six
lots on the premises, lo-
cated at 701 Forest St., i
No. Andover, MA.
By order of the Board of'
Appeals.
Frank Serio
Chairman
From the office of:
Ally. John J. Willis, Jr.,
160 Pleasant St.
No. Andover, MA. 01845
685-3551
E-T—April 13, 20, 1990
LEGAL NOTICE
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE.
April 11, 1990
Notice is hereby given
that the Board of Appeals
will give a hearing at the
Town Building, North An-
dover, on Tuesday the 1st
day of May, 1990, at 7:30
P.M. o'clock, to all parties
interested in the appeal of
Anna Gilbert requesting a
variation of Sec. 7.1 7.2 &
Table 2 of the Zoning By
Law so as to permit divi-
sion of her land into six
lots on the prer6, ses, lo-
cated at 701 Forest St.,
No. Andover, MA.
By order of the Board of
Appeals.
Frank Serio
Chairman
From the office of:
Atty. John J. Willis, Jr.,
160 Pleasant St.
I No. Andover, MA. 01845
l685-3551
E-T—April 13, 20, 1990__ ..I
LEGAL NOTICE
TOWN OF
NORT14ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
'April 11,
Notice is hereby 1990
iven
that the Board of Appeals
will give a hearing at the
Town Building, North An-
dover, on Tuesday the 1st
day of May, 1990, at 7:30
P -M• o'clock, to all parties
interested in the appeal of
Anna Gilbert requesting a
variation of Sec. 7.1 7,2 &
Table 2 of the Zoning By
Law so as to pe, mit divi-
Sion of her land into six
ted
lots on the premises, lo-
caat 701 Forest 'St.,
No. Andover, MA.
By order of the Board of
Appeals.
Frank Seriol
From the office ohairman
Atty. John J. Willisf:, Jr.,
160 Pleasant St.
No. Andover, MA. 01845
685-3551
E-T—April 13, 20, 1990
r2 Amar" 2
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,�cIN•��tt``
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
..... April ...11 .19.90
Notice is hereby given that the Poard of Appeals will give a
hearing at the Town Building, North Andover, on. Tuesday .
.................. the .1 s.t day of .May .................
19. 9.0, at.... to all parties interested in the appeal of
Anna .Gi.lbert.... ............................. .
requesting a variation of Sec.. 7 J, . &.. 7_2 . &... of the Zoning
Table 2
By Law so as to permit....................................
division..of..her..land. .into . six. -lots......:..:
....................................................
r.................................................
on the premieep, located at ..70.1.. Fo r e.s t , Street.
North Andover
By Order oI the Board of tipper
Frank Serio
Chairman
8
FAX - TRANSMISSION
T0:"/
FAX Number:
FROM: �
Town of North Andover
Zoning Board of Appeals
FAX: 978-688-9542
PHONE: /78-688-9541
DATE:
SUBJECT:
Number of pages:
REMARAKS:
0 7,
MI/fax/2 Soo 7-T,4 C A0 ( �/7 a/1).
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V SAC N)50 Y
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
* Anne E. Gilbert * Petition: #111-89
* 701 Forest St.
N. Andover, MA 01845 * DECISION
Y**�e9cicic**4t4c4e***�*4e ie**��**
The Board of Appeals held a public hearing on Tuesday evening, May 1, 1990
upon the application of Anne E. Gilbert requesting a variation from the re-
quirements of Section 7, Paragraph 7.1, 7.2 and Table 2 of the Zoning Bylaw
so as to permit division of land into six (6) lots on the premises located
at 701 Forest Street. The following members were present and voting: Frank
Serio, Jr., Chairman, Augustine Nickerson, Clerk, Walter Soule, Raymond
Vivenzio and Louis Rissin.
The hearing was advertised in the Lawrence Eagle Tribune on April 13, 1990
and April 20, 1990 and all abutters were notified by regular mail.
Upon a motion made by Mr. Soule and seconded by Mr. Vivenzio, the Board
voted to GRANT the variance. The vote was as follows: In favor, Serio,
Nickerson, Soule and Vivenzio, opposed: Rissin, therefore the petition
was granted.
The Board finds that the petitioner has satisfied the provisions of Section
10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance
will not derogate from the intent and purpose of the Zoning Bylaw nor will it
adversely affect the neighborhood.
Dated this 3rd day of May, 1990
/awt
BOARD /OF APPEALS
Frank S rio, Jr.
Chairman
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oc ��_ •+
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c', TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Anne E. Gilbert
701 Forest St. may. 3, 1990
N. Andover, MA 01845 Date ....y . ......................
Petition No...111-89..............
Date of Hearing.May 1.,..1990..... .
Petition of ....... Anne. E?. Gilbert
.......................................................
Premises affected ....... 701. FQ rq s t . Street ..... •....................................... .
Referring to the above petition for a variation from the requirements of ffe Sec t.iQn . 7 , ..... .
Faragr.aph.7.1,..7...2 , and. .Tab le. 2..o.f .tbe. Zoning. Bylaw ..............................
'i
so as to permit division. of. land. into. six. (6). lots ................................... .
After a public hearing given on the above date, the Board of Appeals voted to .. GRANT..... the
..................Variance........... �a�dXhX��xirieX9�[dXerXi�OI�dXxXX
................ :.................... ...............
The vote was as follows: In favor; Serio, Nickerson, Soule and Vivenzio
Opposed; Rissin
Signed,.)....,Q
Frank Serio, �r.1 Chairman
............................. I.............
Augustine Nickerson, Clerk
..........................................
Walter Soule
.........................................
Raymond Vivenzio
............ I......
Louis Rissin
.................................
Board of Appeals
Received by Town Clerks
DUEL 01
TOWN OF NORTH ANDOVER, MASSACHUSETTS
TOS CLERK
BOARD OF APPEALS
,.i. APPLICATION FOR RELIEF, FROM THE REQUIREMENTS OF TIIDTNGRFFe
' Applicant_Anne M� �11)Jert_ —__ Address 701 ForP�f _GtrPPt
`t North Andover,,MA
1. Application is hereby made:
a) For a variance from the requirements of Section'1 &PaKikyraph
and Table -2 of the Zoning By Laws..
b) For a Special Permit under Section ^_Paragrapl►__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 lapd— and builc]ing(s)nuuibcred 701
r_— Street..
b) Premises af-fected are property with frontage on the North ( )
South ( ) East ( ) West (}{* side of Forest Street.
Street, and known as No: _Z��EOrBS ___ _----
c) Premises affected are in 'Zoning DistrictR_1 and11frontaged tile cof 1
affected have an area of�__4a_ R%ARi 1035+
_feet. Acres
3. Ownership
a) Name and address of owner (if joinh
t ownersip, give all names):
Anne M. _G_i_lbert
Date of Purchase 1953_ _Previous owner —
b) If applicant is not owner, check his/her interest in the premises:
_ Prospective PurchaseK Lesee, Other (explain)
44 Size of proposed building:��front; feet deep;
" .Hei0t stories; _ _feet.
a) Approximate date of erection:— --__
b) Occupancy or use of 'each
c.) Type of -construction: __________
feet deep:
Size of existing building:Ccet front; _ l
Height _^stories; _ feet.
a) Approximate date of erection:
b) Occupancy or use of each
c) Type of construction:
6. Has there been a previous appeal, under zoning, on these Pre'"!
yes if so, when7Febr&ar(l 1990, Petition was withdrawn
without prejudice.
3 J1.6
Des.cippe4ition
---------
tion of relief sought on 'this .0.
41
See Attached
................... .... ..... ..... ...
Deed recorded in the Registry of .Deeds ill Book Page
Land.:COuct Certificate NO._—
Book page
.,.,-.
he principal points upon which I base,ily application are as follows'
111"t bestated in detail)
4 �t 6
-agree . to Pay the filing fee# advertising in . newspaper„ and incidental
xpense,
nature 0
[bard sjjtll be made oil a form approved
application for by the oa
�vcry app furnishes) by the Clerk upon request.
-y--the Board. These_ forms shall be
purporting application shall be treated as mereto be an a.
'is tile
ny communication made on
Otice' of'intcntion to seek relic until suchtime.as it
*called -for by the Form shall
fficial application form.- All i.formation
t,hcrein:.:prcscribed.
A
-furnished by the applicant in-phe manncc
:.ii I I
intere s
very -application be submitted with a list Of and directly
of I
.shall
hick list shall -include the petitAoner, abutters, owners
abutters to •tile
pposite on any public, or private street or way, and
pu the property line Of the,
(300' ) of
butters,,within:three hundred fact *
the most recent applicable t,ax list,
°'"`
they appear
atitfoner' as y
the land of -any sucil owne r is located ill another cit,.'
otwithstanding that
Planning uoard-of the city or town,, owll,, and the Planning Boacd of
town, the
.:r
very. abutting city Or town.
submitted with All application charge cost ill
Every application shall 00 su
be responsible
petitioner shall
he amount' of $25.00..• In addition, the tion before the L)o.,.
inobringing tile Peti
or a . ny-and all costs involved
and publication, but arc not necessarily.
uclx,costs shall in elude mailing
imited to these.
. proved by tile aid plan has
very:application shall be submitted with a plan of land approved
Board unlessoard;
No petition will be brought before the
requirements rc9arding P1,1119 are
-een submitted. Copies of the Board's
available from the Board of Appeals upon request.
tached'hereto or are
LIST OF PARTIES IN INTEItEST
Address
Name.
sheets if'necessary)
(use additional s
4 �t 6
Description of relief sought on this petition:
Petitioners property was under litigation at the time of the rezoning
of the area to R1. Petitioner needs a variance of frontage so as to allow
the use of her property for Six (6) lots. She will also need a variation
of the contiguous buildable area requirement which was enacted subsequent
to the litigation at the time of the lawsuit petitioner had Seven (7) lots•
available under the then R2.Zono. Relief may be granted without detriment
to the neighborhood and without. serious derogation from the intent and
purpose of the By -Law. Proper, facilities will be provided to accomodate
the use intended. Denial would create a serious detriment to the
ti
petitioner.
v
OFFICES OF:
BUILDING
CONSERVATION
HEALTH
PLANNING
OF pOR TH+
Town Of 120 Main Street
m
North Andover
NORTH ANDOVER
Massachusetts O 1845
SSS+�R�gEts DIVISION OF (508) 682-6483
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO : North Andover Zoning Board of Appeals
FROM : Richard Doucette, Conservation Adminstrator
DATE : April 30, 1990
RE : Items on 5/1/90
Please accept the following comments/recommendations on your
agenda items for this evening:
1. Extension Requests for Manzi and Cote Special Permits
I recommend the granting of extensions in both cases but must
express concern over the condition of the roadway. Erosion and
sedimentation are evident along much of Coventry Lane. Some of
this problem has been created by these earth removal projects.
The erosion control and street sweeping efforts have not been
adequately maintained. I hope the Zoning Board of Appeals will
convey their concerns to the applicants.
2. Sideri Watershed Variance
The Conservation Commission has visited the site and confirmed
the wetland line. We hope to close the public hearing on this
application on May 2, 1990. I must express some concerns
regarding the grounds for granting a variance from this section
of the zoning bylaw. According to the Zoning Bylaw, a variance
can only be granted based on soil, shape or topography of the
land. The Zoning Board of Appeals should clarify with Town
Counsel the meaning of the phrase "shape ... of the land" before
granting this variance.
C'--3. Gilbert Variance.
The plan submitted shows frontage that may be unusab el b --
'� Conservation Commission standards. These lots may need to be.
redrawn. The applicant should make every attempt to provider
upland access to new lots and not cross wetlands with several
driveways.
CC : Bob Nicetta
Karen Nelson
Chris Huntress
r,
NORTH
A
O p
a ►
s o f
SSACNUS�t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
6
Dear Applicant:
Date: -0 /7 Ifo
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ Q=Q for the following:
Filing Fee $/
Postage $
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
Audrey. . Taylor, Clerk