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HomeMy WebLinkAboutMiscellaneous - 864 WINTER STREET 4/30/2018Ov 0 Variance u Sneclal Pdrmlt, APPLIGA d €o1'q MILE- D ON., DECISION DUE Gid" L/ -SS-- Y C legal Noticei I uWN OF " NORTH AN;OVER f BOARD OF APPEALS NOTICE. 01w��to �14, ���. ^• . s 0 3r AL ' —pit 18, 1985` f Notice is hereby given, that the Board of Appeals will give' a' hearing at the Town Building, North Andover, on Monday. evening, the 13th day .of May, 1985, at 7:30 o;clock, to all par-; -ties interested in tf>'e appeal of R. DOUGLAS MOULTON requesting a Special Permit under Section; 4.121, Paragraph 17 of the Zon, ing By Law so as to permit a; family suite, or "in law apart -1 ' ment" on the premises, located- Il at 864 Winter St. s By Order of the Board of April j i peals. . p Frank Serio, ki Chairman' Publish N.A. Citizen: April 25. and May 2, 1985 h18_ ; APHILY" 1855 M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ....Agri _..18....19.85 Notice is hereby given that the Board of Ap; ,eals will give a hearing at the Town Building, North Andover, o- .:.. M on day . . - - evening....... the 1.3 th day of .......M- ........... 19.85 , al?.:.30o'clock, to all parties interested ',I the appeal of R. DOUGLAS MOULTON .............................. .. ........... requesting a�viaQio�x�xxxxxxxxxxx_xx_;�x Hy:bm mxsctwperA#t...SpQgiAl. Permit.; .under Section. -- - . ,4. 121 Para ra h 17 of the'-.Zonin B Law so as ........g. g. ..............I,"........ to. permit a family suite., or "in -law apartment" ......................... I............................ on the premises, located at. 8 6 4. Ni n t e r..S t ............... By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Citizen: April 25 and May 2, 1985 Send bill to: R. Douglas Moul-.on 864 Winter St. No. Andover, MA on as 00 60 t AAP. JAI j P �' a—T 3 O SiT a klru-rE� S -r U=s - I "= 2.4C>0' Lo T/o C.4L VE2 T `U APppwilaD 8Y THE N 71W/V IVO slN�Or� �80��0 Dom' AP�vE¢L.S. Q PA -m Lx:;p -3�1't h M �o /So .00' — r. i e Q 7'�1�5 �7DG4N �p�vF'O,eMS � 7; ,�ucE s� , �Ve,g racts L0T/2 �o� L i/CO 6L/git/O 77416 PLA�t,/ SES iVo T 2q+ A PP�V41, L AlPe-, % 7 -WE �UB,oiv�s�o�c! Co�vT.�O�- LAW ,k/6. Lt AA0,9!/E.4f> )e.4A1A1/1V4.AOAQ.P •T,,P er ® LA"O A10A "Do X66 • .SflOW1,VoE ��oPasE,v ,d.Doi Tioicl DOU*ZA 6 T� o Co 4o 80 APRIZ, /98S 66 PORX sr. z� .4A10 o YE,-, ".4 SS. 61,816 g� 0 BOARD OF APPEALS NOTICE OF DECISION /any appeal shall, be filed within (20) days after the, date of filing of this Notice in the Office of the Town Clerk.. Date ....... .iv.- v .16 . 19 . . 85 .............. Petition No...... 7 . ' 85 . , ........ . Date of Hearin May. 1,,3 , .19.8.5.. Petition of ..... , R. .DOUGLAS...MOULTON................................................................. Premises affected ........ W....inter Street ............................................................. Referring to the above petition for a �a'HA- itfr f x131 a� �lre a .. E p e.c i a.l . P.e r mi t ... un der . S.ect.ion..4_.121.,.. P.ara.gra.ph..17..of..the..Zonin.g . By . Law ............ so as to permit .an. .in..law . a.par.tment.,..or..'.' f.ami.ly: sui.te'' ..................... . After a public hearing given: on the above date, the Board of Appeals )ted to ....ran.t ... the Special. Permit .............. and hereby authorize the Builing Inspector to issue a permit to ..al.low..a..f_amily-suite........................ .. ..................... ---- --- for the construction of the above work, based upon the following conditions: (see attached). Signed Frank . Seri.o,, Jr...,.. Chairman ... . Alfred. .E...Fri-zel.1e.,..Es.q..,.,Vi.ce, Chairman Augusti.ne..W.. T7 i.cker.son,,.. C.1er)c . . William .J....Sulli van ............... Walter. .F.. So.ule . ................. . Board c Appeals NOtiT� YJ >• o rf0•/ /ygR¢wcrI,YF • �JAKIEl_�3.`t`G Y,..f)i7f 9 ; i APRtL7+ i5C F• }y SaCHUS MAY �rYYW V�Ni TAWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION /any appeal shall, be filed within (20) days after the, date of filing of this Notice in the Office of the Town Clerk.. Date ....... .iv.- v .16 . 19 . . 85 .............. Petition No...... 7 . ' 85 . , ........ . Date of Hearin May. 1,,3 , .19.8.5.. Petition of ..... , R. .DOUGLAS...MOULTON................................................................. Premises affected ........ W....inter Street ............................................................. Referring to the above petition for a �a'HA- itfr f x131 a� �lre a .. E p e.c i a.l . P.e r mi t ... un der . S.ect.ion..4_.121.,.. P.ara.gra.ph..17..of..the..Zonin.g . By . Law ............ so as to permit .an. .in..law . a.par.tment.,..or..'.' f.ami.ly: sui.te'' ..................... . After a public hearing given: on the above date, the Board of Appeals )ted to ....ran.t ... the Special. Permit .............. and hereby authorize the Builing Inspector to issue a permit to ..al.low..a..f_amily-suite........................ .. ..................... ---- --- for the construction of the above work, based upon the following conditions: (see attached). Signed Frank . Seri.o,, Jr...,.. Chairman ... . Alfred. .E...Fri-zel.1e.,..Es.q..,.,Vi.ce, Chairman Augusti.ne..W.. T7 i.cker.son,,.. C.1er)c . . William .J....Sulli van ............... Walter. .F.. So.ule . ................. . Board c Appeals P R: Douglas Moulton 864 Winter Street Petition No. 27-'85 May 16, 1985 Page 2 Conditions of Approval: 1. The family suite is solely for occupancy by Gertrude Moulton, mother_ of R. Douglas Moulton. 2. The Special. Permit shall expire at the time Gertrude Moulton ceases to occupy the family suite. 3. The Special. Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. 4. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises. " i DAt-jIr1_ ..rt!•IlY 'f 0V, i? ' MAY 16 1 57 '85 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building --- - North Andover, MA 01845 Dear Mr. Long: Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Ma , 16, 1985 .�. Douglas Moulton 864 'Minter Street Petition No. 27-'85 The Board of Appeals held a public hearing on Monday evening, May 13, 1985 upon the application of R. Douglas Moulton. The hearing was advertised in the North Andover Citizen on April 25 and May 2, 1985 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice Chairman; Augustine W. Nickerson, Clerk; William J. Sullivan; and Walter F. Soule. The petitioner seeks a Special Permit under Section 4.121, Paragraph 17 of the Zoning By Law to permit a family suite on premises 'Located at 864 Winter Street. The petitioner testified that the proposed f_arily suite will consist of a bedroom, kitchen, living room and "ath and is needed for his widowed mother. He further testified teat the plan for the proposed suite has been submitted to and apiroved by the Board of Health and the Conservation Commission. No objection was voiced at the hearing. Upon a motion made by Mr. Frizel.le and seconded by Mr. Nickerson, the Board voted four to one,, with Member Sullivan abstaining, to grant the Special Permit for the family suite subject to the following conditions: R. Douglas Moulton 864 Winter Street Petition No. 27-'85 May 16, 1985 Page 2 1. The family suite is solely for occupancy by Sertrude Moulton, mother of. R. Douglas Moulton. 2. The Special Permit shall expire at the time Gertrude Moulton ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. 4. The applicant, by acceptance of the Certificate of occupancy issued pursuant to the Special Permit, grants to the -Building Inspector or his lawful designee the right to inspect the premises. In granting the Special- Permit, the Board finds that Section 10.31 of the Zoning By Law has been satisfied. In pa:ticular, the Board makes the following specific findings: 1. The site, 864 Winter Street, is an approprJite location for a family suite. 2. The use as a family suite will not ad• _,r-ely affect the neighborhood since the dwelling's single r mily appearance will not be,altered. 3. The addition of one person in the family suite will not create a nuisance or hazard to vehicles or pedestrians. 4. Evidence was presented by the applicant showing that adequate and appropriate facilities will be provided for the proper operation of the proposed use. In conclusion, the Board finds that the granting of a Special Permit for a family suite at 864 Winter Street is in harmony with the general purpose and intent of the Zoning By Law. Sincerely, 3 Bt .ARD OF APPEALS F;. ank Serio, Jr . , C, airman b 1 I x Received)y To Clerk: ' cEIVED f' DANIEL, LONG TOWN CUR K j NORTH ANDOVER T WN F NORTH ANDOVER,.MASSACHUSI'TTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant R. Douglas Moulton ----- 1. Application is hereby made: Address 864 Winter Street a) For a variance from the -requirements of Section Paragraph:, and Table of the Zoning By Laws. 4.121 b) For a Special Permit under Section Paragraph17_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 X and building() X numbered 864 Winter Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of _ Street, and known as No. �V Street. c) Premises affected are in Zoning DistrictR 2 and the premises 4 Q � (�Cz�ssaoau �i sgaaus TuuoigTppe asn) baaz�S..za�u-t�� S_S8 uaaz� CuOS 1 •N AzuaH -L +S j'a'j-U 2) D ou.I "s.za'PTTnB 3. 's . S .9 ^ (� paoB 'MOPPau1,�e_H £ Z uaseW • 0 eTDiagPd • S/' gaaagS za4.sod �S.S-sT-4_T�xnzppV 't� u-agaZTTS 's 'd 'udoso.0 ' -4aax �.Sza uT14 fl86 sed aTTa qS / 14 T _% n '_n T n' l ?, T T e' - • // L Q r 7. Description of relief sought on this petition Re uestin Mother-in-law Apartment S f• 8. Deed recorded in t-Ue Registry of Deeds in Book,' 1913Page`-�48 .Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) M M�mother is partially disabled due to Arthritis and has been widowed for the past sixteen months. She does not drive and is isoiated in Eer resent home in Lynn,Massachusetts.She has no immediate family in the area. We wish to provide her with a place where we may care for her but also to provi_e her with optimal independence., I agree to pay the filing fee, advertising in newspaper, and incidental .: expenses* n gnatu_r-lelof Petitioner(s Every application for action by the Board shall be jade on a form approved by the Board. These forms shall be furnished by t' e Clerk upon request. -------Any communication purporting to be an application scall be treated as mere notice of intention to seek relief until such time .is it is made on the official application form. All information cal' ,d "or by the form shall be furnished by the applicant in the manner therein L•rescribed. 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`, apd. abutters' to the abutters within three hundred feet (300') 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, b,it 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 Boar' unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of :,ppeals upon request. LIST OF PARTIES IN INTERE.T Name Address 1. James Calvert 85:0. Winter Street ;/ 2. John polli 80 Minter Street 6-11 Stephanie 4-9. %a.'no NORTH ANDOVER BUILDING DI PARTME, ,`T HORTH f '1 120 MAIN STREET :o.' :'• ti� NORTH ANDOVER, MA 01845 ° xs o INHPECTOR OF BUILDINOH ELECTRICAL INSPECTOR GAS INSPECTOR Board of Appeals May 13, 1985 , Petition #25 = Christopher Adams: Mr. Adams was refused permission to operate a retail bakery at 1591 Osgood Street. Such use, however, is allowed by a special permit issued by your Board. Petition #27 = Douglas R. Moulton: -- - --- - Mr. Moulton was referred to your Board for t; o necessary special permit to allow a family suite on his property located at 864 Winter Street. Petition #28 = Joseph Giacalone: Mr. Giacalone was referred to your Board for 'he necessary special permit to allow a family suite on his property located at 125 Sullivan Street. Petition #29 a James Fitzgerald: It was discovered that the dwelling located at " Sylvan Terrace was too close to the sideline and Mr. Fitzgerald is applying to your Board for relief. Petition #30 = Jefferson.Office Park: Jefferson Office Park was refused a building permit because the barn that they plan to convert to business use did not meet the required setbacks for an industrial zone. Petition #31 = James Hetherington: Mr. Hetherington was refused a building permit because his proposed addition did not meet the required setback . Petition #32 = Andrew Varrichione: Mr. Varrichione was refused a -building permit because his proposed addition did not meet the required setbacks. TEL. 088-8102 - DEOE File No. rte -. (To be provided by DEOE) tZ'�\ - • . North Andover -- city/Town Commonwealth =a. —Andrew Moynihan Of Massachusetts A, Ptica7lt 31 Lot 11 Winter St' Determination of Appli`cat- .life Massachusetts Wetlands Protection Act, �_' . c. 131 §40 -- andl.ander the To��Tn of North Andover:,.ByLawp. Chapter .3 �ection 3.5 A Issuing Authority From Teckla `P 'Mo{iltoti j' _Andrew & Lori. Moynihan To . — (Name of person making.request)" - (NAme of property owner 1 Dewey Street -`,864_ Wint.er-*Street? Address Methuen', .MA 01844 _ Address North Andover, MA 01845 This determination is issued and delivered as follows: ' (dale) • p by hand delivery to person making request on ., . �J by certified mail, return receipt requested on October 16 , 1984 (date) �` • , Pursuant tache authority of G.l_. c. 131, §40, the North Andove Conservation Commission eiermination oi'Applicability and'its upporling documentation, 2nd has' has considered your request for a D made the following.determination'(check whichever is applicable}: 7 x 3. This Determination is positive: 3s; 1 p. The area described below; which includes all/part of, the area u ,scribed in your request, is an Area.. Subject.to Protection Under the Act. Therefore, any removinc-, filling, dredging or altering of that area requires the filing of a Notice -of Intent.,` 2. O l The work described below, which includes allipart of'ihe :'ork dGsc� ihed in your request, is wilhin an Area Subject ta,P,ro�ection Ur;d'er'the Act and will rcmove,.fill, dredge or a11er ih31 area. There- fore, said work requires the filing Of a Notice of Intent. a ' The work described belwhich includes all/ art of the work described in your request, is within 3. p ow, p ations, and will alter an Area Subject to Protection Under the Buffer Zone as defined.in the regul the Act. Therefore, said work requires the tiling of a Notice of Intent. This Determination is negative: • p The area described in your request isnot an Area Subject IL Protection Under the Act. The work described in your request is within an Area Sutjjec : to Protection Under the Act, but will not remove, fill,,dredge, or alter that area. Therefore, said v, )rk does not require the tiling of a c' Notice of Intent. ' t:�•_�. �,. r'tr-,; i � 4.�1i.. - . The work described in our request is within the Buffer Lon ; as defined in Me regulaticc,s, but �:??! 3: O y q. y J, not alter an Area Subject to Protection Under the,Act. T' ere 'ore, said work does not require the filing of a Notice of Intent. 4. D The area'described in your request is Subject to Protection Under the Act, but since the work . described therein meets the requirements 'for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: r ' /1,i ,. North Andovez, Conservation Commission This Determination must be signed by a majority of the Conservation Commission. On this 16thday of Octot�Pr l _� 9�_��-. before me ^ person,z.11y Appeared Anthony Galvagna _ , 10 me known to be the ted person described in, and who executed, the foregoing instrumer., an.. acknowledged that he/she execu there as his/her free act an eed. i u %Gc� clL %. 7lru�J Notary t'ubf:c My commission expires This Delermi talion does not relieve the applicant from cornplying with all other applicable federal, stale or local stalutes, ordinances. b) -iii '5 or rggl}lalion*, This pelerminalion shall be valid for three years form'the dale of issuance. I The applicant, the o,n•ner, any person aggrieved by this Delermination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents or the city or town in which such land is located, are hereby notified of their right to request the Department of Environmental Oualily Engineering 10 issue a Superseding Determination of Applicability, providing the request is made by certified mal or hand delivery to the Department within ten days from the.date of issuance of this Determination. A copy of the request shall at the same lime be sent by certified mail or hand delivery to the Conservation Commission and the applicant. BOARD OF HEALTH 120 MAIN STREET SACH NORTH ANDOVER, MASS. 01845 TEL. 682-6400 March 29,1985 Mr. Charles Foster Building Inspector. Re: P,oposed addition 864 J :Nbrth Andover, Mass. Dear Mr. Foster: I visited 7;�6-4--Winte-r- S --t-7. to discuss the proposed addition withbouglas Moulton. )The existing septic system seems to be functioning adequately and there appears to be room for a new leach area if one is necessary. Therefore, I have no objection to his proposed addition provided it is limited to one story with one bedroom and kitchen as originally described to me. Very trtLy yours, 4V4 Mich,- I' �,raf, R. S. Inspector mg;mj cc: D.Moulton,... I of