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HomeMy WebLinkAboutMiscellaneous - 79 BLUEBERRY HILL LANE 4/30/2018 (2)Q ariarie ❑ SPec€a a P unit Za APPLICATION FILE® C N:13� 6 - c* DECISION DUE ON: i- /� - 9 L J, -7 9 o� J 10 fr- 4 BO -�' ..NOT/�• �9(S J Ir -Notice i of erebygi aY3, 19& J Noah 9 at th /s 4ftl that the ygening'�dover Town eugtve a ties• at �•3 11th dan Mo�dn9, ; r �� ere ° cl clock t a� oneY In o of c r HER A he. app Aar. the �goestin9 a !EO 601 % By Zaw so Table �'on oogtin� 4uir methe side as to of t�/ting e o existet0 avow set_ ' (ane at 7g e/u berrem ses ae p� Olde, Of the Mrd SAP se \ Publish C rank and t� io A _ n Cifi�an s}y&AIL4 rYf NORTy't,r� r 43. % F: AouIL7" :� Z s ',y�tsgciiug�'.,' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS IrnmTr.m, ;lay 3.......19.84 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on ... I+ionday. . evening ... ... the .lithday of ..... . June ..... ..... 19. 8.4 , at . 7 :.3&lock, to all parties interested in the appeal of ....... CI R.1STOPFIER. AND GEORGIA CONTOS .................... requesting a variation of Sec..7 , _ Par.... 7... 3 .... of the -Toning By Law so as to permit... re 1 ie f..f* rom . the-. s i de.. yard setback requirement. to .......A1ogi,a .the continued existence .................... of .a. dwelling, ...................................... . ...................................................... on the premises, located at ... .7.9 . B.lue.ber.ry. Hi 11 _ Lane ...................................................... By Order of the Board of Appeals By Frank Serio, Jr., Chairman Publish: Citizen: May 10 and 17, 1984 Send bill tot Attys. Greeley and Shea 2 Punchard Ave. `G Andover, Aass . 01810 \ • . •''p vrY.4,:'i 16364 . NORTIAmILT" :M 4i' SS ��g��ACHU CH � J11r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Any" ^appeal- shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. NOTICE OF DECISION Date .......June. 15.,..x:9$4...... . Petition No.....?? -.1.8.4 ........ Date of Hearing ... June .11, . 19.84 . Petition of .... CHRISTOPH.ER AND.GEORGIA.CONTOS ............................: ...................................... Premises affected ..79 . Blueberry. Hill Lane Referring to the above petition for a variation from the requirements of the . Zoning ,By. Law . Section 7, Paragraph 7..3.and Table.2 so as to permit ....relief from . the. side .line. setback. requirement, .to . allow .tbe ...... continued.existence.o.f a. single.family..dwelling.................................... After a public hearing given on the above date, the Board of Appeals voted to ...Grant.... the variance ..........:...... . x�xzse�xn�bi�x���sl$,xlsx���� . Signed Al.f.red . E.. F.rizelle.,. Esq . , . Vice .Chairman Wi.11am.J_.Sullivan.-................... Au.g.ustine. W....Nickerson .. . ... . . • . • Walter .F.. Soule ....................... 1 Maurice.S..Foulds..................... Board of Appeals JUN 25 1 21 PM 18q HORTIq '1 F P K s l i ,SSACNUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS AnY appegl shall be filed within (20) days after the date of filing of this Notice In the Office of the Town Clerk. June 15, 1984 Mr. Daniel Long, Town Clerk Christopher and Georgia Contos Town Office Building 79 Blueberry Hill Lane. North Andover, Mass. 01845 Petition No. 29-'84 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening,. June 11, 1984 upon the.application of Christopher and Georgia Contos. The hearing was ad- vertised in the North Andover Citizen on May 10 and 17, 1984 and all abutters - were notified by regular mail. The following members were present and voting: Alfred E. Frizelle, Esq., Vice Chairman; William J. Sullivan; Augustine.W. Nickerson; Walter F. Soule_; and Maurice S. Foulds. The petitioners seek 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 side yard set- back requirement to allow the continued existence of a single family dwelling located at 79 Blueberry Hill Lane in the R-3 zoning district. Counsel for the petitioners testified that the dwelling was constructed in 1977.and that the slight violation of the side yard setback was discovered when a plot plan was recently drawn for conveyance purposes. No new con- struction is proposed. Upon a motion made by Mr..Foulds and seconded by Mr. Nickerson, the Board voted unanimously to grant the variance as requested. The Board finds that Section 10.4 of the Zoning By Law has been satisfied. In particular, the Board finds that denial of the variance would create a financial hardship to the petitioner and that said variance may be granted without creating a detriment to the public good and without nullifying or substantially deorgating from the intent and purpose of the Zoning By Law, Sincerely, BOARD OF APPEALS Alfred E. Frizelle, Esq., ,• Vice Chairman Jw -_V . Iepe4-4 d by:Town Clerk: / MORTp )ate- = TOWN OF NORTH ANDOVER MASSACHUSETTS •: B0ARD'f'-0'Ff'''APPEALSIn.D Time: i ;CHU Notice: T -hi s ap` i cat,i on must be typewritten A. .' VI_ R APPL-ICATION-FOR' RELIEF FRgY?6E 1�9 ENTS OF THE ZONING -ORDINANCE c/o Greeley & Shea k p p l i c a n t Christopher H. & Georgia Contos A d d r e s s 2 Pumchard Ave. ,. Andover, -Ma. 01810 Application is hereby made (a) For a variance from the requirements of Section 7-- Paragraph 7.3 and Table 2 of the, Zoning By -Laws. (b) I XBI �iXX?&kYOXXX� MWMMXXXXxXX@ 4W xxXxXXWXIXSXXXX xx xx (c)xxxxx�xxxxXaxx� (a) Premises affected are land and building(s) numbered 79 Blueberry Hill lane XIA . (b) Premises affected are property with frontage on the North ( X) South ( ) East ( ) West ( X) side of Blueberry Hill lane )6daave&, a n d k n o w n a s N o. C79 _ Blueberry" Hill Lane ItXX" t. (c), Premises affected are in Zoning District R-3 and the premises affected have an area of 32,500 square feet and frontage of 125 sapawa feet. Ownership (a) Name and address of owner (if joint ownership, give all names): Christopher H. and.Georgia Contos Date of purchase May 18, 1983 Previ-ou's- O.wn.er. Timothy= -R. Cagle (b) If applicant is not owner, check his interest in the premises:. Prospective Purchaser Lesee Other (explain) Size of proposed building: front; feet. deep; Height: stories; feet. NOT APPLICABlE �a) Approximate date of erection: b) Occupancy or use of each floor: (c) Type of construction: Size of existing building: 80 feet front; 24 feet deep; Height: 2 stories; feet. (a) Approximate date of erection: September 1, 1977 (b) Occupancy or use of each floor: Single Family Residence (c) Type of construction: wood frame with poured concrete fotndation. Has there been a previous appeal, under zoning, on these premises? NO If so, when? Description of relief sought on this petition To allow the continued existence of this dwelling on this lot,\: -which dwelling does not meet<the'minimum side yard setback requirements from the Northerly sideline of the premises. Deed recorded in' -the Registry of Deeds in Book Page or Land''Court Certi fi.cate No. Book 62 Page J33 The principal points upon which I (Must be stated in detail) See Addendum attached. base my application are as follows: I a. r R-t..q pay for advertising in newspaper and incidental expenses* istovhe� H end CecmRia Contos Petitioner's Signature F. Sullivan, their attorney 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 i-"= Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, V - and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable: tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. * Every application shall be submitted with an application charge.cost in the amount of $25.00. In addition, the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. LIST OF PARTIES IN INTEREST Name Address Christopher H. and Georgia Contos 79 Blueberry Hill Lane, North Andover,Mass. 01845 (Use additional sheets if necessary) ADDENDUM TO APPLICATION OF CHRISTOPHER H. AND GEORGIA CONTOS This is a request for a variance from the side -line setback requirements of the Town of North Andover Zoning By -Law. The northerly side of the home is set back only 18.04 feet from the side -line rather than the 20 feet required by the By -Law. This home was built in September of 1977 by a prior owner. At that time, certified plot plans showing the location of the foundation were not required by the Building Inspector. As a result, the foundation for this home was placed too close to the side -line. The violation was not caused by the present owner and was not discovered at the time of purchase because a certified plot plan was not required in the purchase. All of the conditions for granting a variance are present in this case. There is no detriment to the public good by granting this variance inasmuch as the home already exists in a single- family residential district and all Town services have been con- nected to the home and allowing the home to remain where it is will not cause any disruption in traffic flow or make safety vehicle access to the homes in the event of emergency or fire more difficult. There would be no substantial derogation from'the intent and purpose of the By -Law in that the variance requested is one of only two feet. The home is still situated a safe distance from all other homes in the area and meets all other dimensional require- ments of the Zoning By -Law. Hardship exists in this case, in that the home already exists on the property and was constructed by a prior owner and not the applicant. The variance requested is one of only two feet. Because of the width of the lot, it would be difficult and very expensive to move the home so as to place it in exact compliance with the By -Law for this side -line. For all of the above reasons, it is respectfully requested that your Board grant the variance to allow this home to remain in its present location although it does not meet the minimum side yard setback requirement. Respectfully submitted, Christopher H. and George Contos CBy. Phili F. Sullivan, Their Attorney V LIST OF PARTIES IN INTEREST ON PETITION OF CHRISTOPHER H. AND GEORGIA CONTOS REGARDING 79 BLUEBERRY HILL LANE, NORTH ANDOVER, MASS. Mary K. Walsh 89 Blueberry Hill Lane, North Andover, Mass. 01845 Michael J. and Elaine R. Connolly 99 Blueberry Hill Lane, North Andover, Mass. 01845 -J ekff ni Qi,5 _f%v-�in rye , �l e -r #L-��e� , Mt�s,-� ---� 1-A491 r- r- y 1i11 moi€ - er. , Mass .. -'rri i-� %r�4y - l ilei a iy— I'M an e -,N ey t— 4A d9VLA '—A�,3•s,%-ems �I G John T. and Johnnie T. Burnett 84 Blueberry Hill Lane, North Andover, Mass. 01845 Paul G. and Adrienne M. LeBrun 74 Blueberry Hill jLa7nej, North Andover, Mass. 01845 El_� c 7 i7. , jr. ajj1'Y 17�f�� A. BVat'r'�L.7T err L ii'�lin'l. eve'-P,Mass. lnTl'�'4 J' r" • tl • ..,i Louis and Marilyn Rissin 59 Blueberry Hill Lane, North Andover, Mass. 01845 Paul J. and Gilda T. Seamans 69 Blueberry Hill Lane, North Andover, Mass. 01845 David B. and Joan Tetler 124 Hillside Road, North Andover, Mass. 01845 Page 2 ,,-'Edmond R. and Mary D. Becotte 136 Hillside Road, North Andover, Mass. 01845 SCALE: 1" = 40' JUNE 3, 1983 G! MORTGAGE PLOT PLAN 79 BLUEBERRY HILL' LANs= NORTH ANDOVER, MASSACHUSETTS BUYER: CHRISTOPHER H. CONTOS ,8.q' IA up NOTE: THIS IS NOT A SURVEY AND IS TO BE USED FOR MORTGAGE o+� PURPOSES ONLY. N.B.- DO NOT USE OFFSETS FOR ESTABLISHING LOT LINES FOR THE yt N�.I7rlt J ERECTION OF FENCES, WALLS, HEDGES, ETC. �Q��TtiR� D w I HEREBY CERTIFY THAT THE BUILDING ON THIS PROPERTY IS LOCATED AS SHOWN ON PLAN AND DOES NOT COMPLY WITH THE ZONING SET BACK REQUIREMENTS OF THE TOWN OF NORTH ANDOVER. CYR ENGINEERING SERVICES INC. I FURTHER CERTIFY THAT THE ABOVE PROPERTY IS NOT LOCATED 300 CANAL STREET IN A FLOOD PLAIN ZONE. LAWRENCE, MASSACHUSETTS "NOTE SIDE YARD REgUIREMENT IS TWENTY FEET.