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HomeMy WebLinkAboutMiscellaneous - 90 MIDDLESEX STREET 4/30/2018 (2)Legal, Notice ,TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS'r: ' NOTICE October 17,1988; Notice Is hereby given that the Board of Appeals' Wil give a hearing at the Town Building, North An-, a dover, on Tuesday evening the 13th day of December, 1988, at 7:30 o'clock, to all parties in- teiested in the appeal of John J. Leahy & Patricia M. Leahy requesting a variation of Sec. 7, Parag. 7.3 & Table 2 of the Zoning By Law so as to permit z relief of setback requirements for addition to home' and garage on the premises located at 90 Middlesex By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen Oct. 20 and Oct. 27,1988 70584-5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ucwwr i r,1�m Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Tuesday evening the 13th day of December, 1988, at 7:30 o'clock, to all parties in- terested in the appeal of John J. Leahy & Patricia M. Leahy requesting a variation of Sec. 7, Parag. 7.3 & Table 2 of the Zoning By Law so as to permit relief of setback requirements for addition to home and garage on the premises located at 90 Middlesex 9t. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen Oct. 20 and Oct. 27,1988 70584-5 69713 RELOCATING— Must sell quickly... tour wicker chairs, wicker love seat, bug light zapper, gas grill, GE almond washer; GE fridge, almond, 22 cu. ft., dishes, regulator clock, area carpets, wicker trunk, boy's fur- niture, white Ironstone dishes, size 14 girl's .t 11TE SALES t ffie TOP Work Vay Up. Gallery of Homes, you join i 5 ' Legal. Notice ,TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS14 NOTICE Y� W CH October 17,1988; s Notice Is hereby given that the Board of Appeals' Wit give a hearing at the Town Building, North An-, i .dover, on Tuesday evening the 13th day of D& mbar, 1988, at 7:30 o'clock, to all partles in- ' teiested in the appeal of John J. Leahy & Patricia M. Leahy requesting a variation of Sec. 7, Parag. f 7.3 & Table 2 of the Zoning By Law so as to permit relief of setback requirements for addition to home; and garage on the premises located, at 90 Middlesex' By Order of the Board of Appeals t Frank Serio, Jr., Chairman # Publish in North Andover Citizen Oct. 20 and Oct. 27,1988 ' • ' 70584-5 10 Publish in N. A. Citizen on October 20 and October 27, 1988 I 10 Publish in N. A. Citizen on October 20 and October 27, 1988 t a�.,'��' V NORrN OF taco ag1'O O — n SA U5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * John & Patricia Leahy 90 Middlesex St. * N. Andover, MA 01845 ** * Any appeal sha+:l be filed s ai'._er the Within l�C- vj this I�not`.ce date of fi�ng ` the Town in the Oifice oi. Clerk. Petition #: 26-89 DECISION The.Board of Appeals held a public hearing on Tuesday evening, December 13, 1988 upon the application of John J. & Patricia M. Leahy requesting a variation from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of setback requirements for an addition to the house and a garage on the premises located at 90 Middlesex Street. The following members were present and voting: Frank Serio, Jr., Chairman, William Sullivan, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on October 20 and also October 27, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variances as requested for both the addition to the house and the garage. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaws and that the granting of these variances will not derogate from the intent and purposes of the Zoning Bylaw nor will it adversely affect the neighborhood. Dated this 16th day of December, 1988 BOARD OF APPEALS Frank Serio, 4,t. C Chairman /awt A C gt F1 4� b& _t- �3eiG J�` t%O;r; heti � �� 6 � � ;'f•.. 1835 . CHO Any appeal s"a'i be filed TOWN OF NORTH ANDOVER ) afer the MASSACHUSETTS within (20, date of fi:nt G t. ;s i4otice in the Office of the Town BOARD OF APPEALS Clerk. NOTICE OF DECISION John & Patricia Leahy Date.................. December 14, 1988 90 Middlesex St. N. Andover, MA 01845 Petition No.....26-89. ........... . Date of Hearing... December. l3,. 1988 Petition of ..John. & Pztricia Leahy ........ ........................................... . Premises affected .... 90,Middlesex. St..... , ... , . ...................... Referring to the above petition for a variation from the requirements of the 7...... Paragraph 7.3 and Table 2 of the Zoning Bylaw ......................................................................................... so as to permit ....... relief. .of .setback .requir.ements. fox addition .to. home, .and. garage. After a public hearing given on the above date, the Board of Appeals voted to ..GRANT....: the variances .......................... and hereby authorize the Building Inspector to issue a Permit to ..... John & Patr-icia . Leahy .................................................. for the construction of the above work, based upon the following conditions: Variences granted for both the addition to home and garage. Signe Frank Serio Jr. Ja;'I man ........................................... William Sullivan .................................... Walter Soule Anna*0*'Connor........................ ou.Rissin ........................... ................................. Board of Appeals F/ P Is'1' 1. At (G. S.11 A l l I; 1; N ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 MF:MriFn or MA. NI -I F1AR August 24, 1989 Mr. Frank Serio, Jr. Zoning Board of Appeals Town Hall North Andover, MA 01845 RE: JOHN & PATRICIA LEAHY 90 MIDDLESEX STREET, NORTH ANDOVER, MA Dear Frank: IEI Fr'I IC1Wf �r�?n Per my telephone conversation with you the other day enclosed herewith please find a copy of the decision in the above named matter. As you know Mr. Leahy sought back in December, permission to expand his garage from a single stall to a two stall garage. At that time the Board granted hTb variance to do that. Currently Mr. Leahy has a ted to get a building permit to expand the garage and has b denied and has been denied a permit by the building inspectoThe building inspector is basing this denial upon the fact teat the time of the petition Mr. Leahy brought with him plans s i.ng the garage as built. This showed the garage being 4.6 fe o f the property line. The'-, current scheme for the construction of the garage calls for it to be approximately 2.0 feet off of the property line. It would be appreciated if this matter could be clarified to allow my client to obtain what .he originally sought in his variance and that is the ability to build closer than the current construction of the garage in order to expand to a two stall. garage. I am enclosing herewith a copy of the original petition which I presented back in December of 1988. If you have any questions please feel free to call. Thank you for your kind attention to this matter. very truly yours, Peter a. Shaheen, Esq. cc: John & Patricia Leahy JOHN and PATRICIA LEAHY PETITION FOR VARIANCE TABLE OF CONTENTS Memorandum supporting the issuance of variance to John and Patricia Leahy Plan of Land, Show topographical conditions which create a hardship for the Leahy's. EXHIBIT A Permit to Build the addition which encroaches upon the set back requirement by 3.1 feet. EXHIBIT B Occupancy Permit, which certifies compliance with the building codes and 10.12 of Town By -Laws. EXHIBIT C TO: ZONING BOARD OF APPEALS FROM: JOHN & PATRICIA LEAHY RE: REQUEST FOR VARIANCE FROM THE SIDE LOT SET BACK REQUIREMENTS AT 90 MIDDLESEX STREET, NORTH ANDOVER. DATE: DECEMBER 13,-1988 MEMORANDUM ISSUE PRESENTED John and Patricia Leahy seek a variance from the requirement for a set back of 20 feet, from a side street in a (R-4) District. This variance is needed for an existing building which was built in compliance with the requisite permits. They seek a second variance from the 15 foot side lot setback, to allow them to enlarge their garage from one stall to two. The Leahy's request this variance because the special circumstances of the lot and the literal enforcement of the By - Law would create a substantial hardship for them. This variance can be granted without detriment to the public good, and without derogating from the intent of the By -Laws. STATEMENT OF THE FACTS John and Patricia Leahy•of 90 Middlesex Street seek a variance of section 7.3 of the Zoning By -Laws of the Town of North Andover. Mr. & Mrs. Leahy have resided at 90 Middlesex Street since 1978. Their home is located in a well established neighborhood comprised mostly of single family homes on quarter acre lots. In 1987 the Leahy's realized that the home was too small to accommodate their family, but also that larger homes were too expensive. They decided to enlarge their existing home by building an addition. Mr. Leahy applied for and received a building permit for construction of the addition. See Exhibit B. Construction was begun in September of 1987 and completed in February 1988. An occupancy permit was also applied for and received, See Exhibit C. The Leahy's reasonably assumed that they complied with the By -Laws because pursuant to Sec. 10.11 and 10.12 the building and occupancy permits must not be issued unless the By -Laws have been complied with. Once they had the permits, they assumed that they were in compliance. When the time came to convert the construction loan to a standard mortgage the bank ordered a plot plan. It was only then that it was discovered that the addition had been built too close to the road by 3.1 feet. See Exhibit A. Mr. Leahy has been informed that without a variance the Bank will not grant him a standard home mortgage. The Leahy's request that they be granted'a variance to correct what obviously is a case of human error. A denial of this variance and a literal -enforcement of the By -Law would cause substantial financial hardship to the Leahy's. They would be forced to tear down the outer wall of the addition and set it back 3.1 feet. Furthermore, the relief requested can be granted without substantial detriment to the public good or derogation from the intent of the By -Laws. Mr. & Mrs. Leahy have the support of their neighbors in this request who see this addition as positive for the area. In fact this addition adds to the property value of this lot and so also to the neighboring lots. The Leahy's also request that they be allowed to expand their garage from one stall to two. Again this request has the support of their neighbors and would add to the property values in the area. STATEMENT OF THE LAW The Town By -Law permits this board to grant a variance from the terms of the Zoning By -Laws upon a showing that due to topography of the land or structures and affecting the land or structures, but not affecting the whole zoning district a literal enforcement of the By -Laws would result in substantial hardship to the applicant. In the case before you, relief may be granted without causing substantial detriment to the public good and without nullifying the intent of the By -Law. The special topographical conditions of the Leahy lot are that: (1) The lot is 625 square feet under the required 12,500 square feet. If the earlier subdivision had required the requisite 12,500 square feet, then the lot would have been at least 3.1 ,feet wider, and there would be no hardship meeting the setback requirement today. (2) The lot is bounded by a street on 2 sides which requires a deeper set back from the street, than from another lot. These two topographical conditions are unique to the Leahy's lot and do not affect the zoning district us a whole. These conditions create a substantial hardship for the Leahy's. Your denial of this variance would force the Leahy's to destroy their new addition, thereby decreasing the value of their home and the surrounding neighborhood. On the other hand, your grant of the 3.1 foot variance would benefit and enhance the surrounding neighborhood without detriment to the public good and without derogating from the intent. of the zoning By -Laws. The abutters support this variance and feel that it would benefit their neighborhood. The same topographical conditions of the land create a substantial hardship for the Leahy's and would prevent them from converting the garage into a two stall garage. We request that you consider these conditions and the hardship they create and grant a variance to the Leahy's to allow them to convert the garage. The two stall garage would enhance the lot and the whole neighborhood. It would increase the value of the home and provide more storage space for the Leahy's which would make the whole area more aesthetically pleasing. and support this variance. The neighbors assent to We respectfully request that you grant these variances in order to prevent -the hardships which the topographical conditions create. Your grant will be made with the support of the neighbors and without detriment to the public good and without derogating from the intent of the zoning By -Laws. \leahy.mem EXHIBIT A F OQ o� i mss.' \ NY O't• \ • j S Y °l nor [nr i7 1�E CMVIAW Mc •�orrroAi I° SCe M7A44'eC , t G. A . mueo : R116/ee J \ MURIUMIC INSPLUJIM Cvll rurm nING SFIIVICF ;. RIC. 234 ESSEX SmEEI UIWNFFICF. MASSACIIUSFI'IS MOnICrAGOn ADDRESS Or Pircim.Eslln Dva J 'H. Alrql Ec, MED REFERENCE• DK. !•' PO. ie` PUN nF_ rmiscra DAIS Or OISrECiroN'_._� i SEB._ . NOTE: Ihb ty,pp, rOMNn.•n C' Irat i v,s tlpcdrr 4 mm,plpl moan .rd w ,aro M lo^dw—lo "Cr lwp _oq:e• k. ht KttM1 ror.Np•drrti to Amr.p,t r1•M WV hpm nd 0tM, by W" dn.r aur• dw Ydm —Vre No I, tnq,t i, ormtpb,.0 bf—..o nd,pp. LL.".V r wW—g7 CFmIrICAnoN TO: etytNK ' MF_ EC.;yaCr_.I qI [F3• 11M uoAppl Mlyd4rt,wn p-ryr141, mr•Imty MhIM t•cI•„Itd Srt^drat ip Mmlp$�. foto lArL- n$d$p,tdtq p.Nrlw$rwwt w.+w awn d d So•$tm$ $M C" Ir•pr•w.r,, I.t, I ri)ntllFrl SIAIE 11141 AI m rlOt r: SSIONAI IT'INION M. plrrm_jy n, r,r.rlt -4 .<r•„^•I "h"w 1•IOAr\,Ir$p$mMtr M dv rrr'N Imwq •.• dk,tn:n• trd d,tt dw,1 .r1 ro Mtr1_0h 0MI d m,rpr Iwgwlrr�Ird...,r.r �.1 .r,rn, nnw,r,•... t•cryA r tl.,..,_ AI. SO: I prop$rty It M N t ll,od+Qs'd I••• O I rroMttto a a Mod/lprd Art$. V I. bftm ., w 1n.,rllci^I M M,.••^rry f ...t rturd. Feta Itord d.w -ii• d hm.• r,, r r r rb$d Mrn.re+ O.r. 4y, Town No. 35J PERMI EXHIBIT B of, I dover type/ �er, Mass., BOARD OF HEALIIT I LU UILBING INSPECTOI nou himneyh�J'��=''Oj F[net PLUMBING, INSPECTOR Rough Final FIECT94C L 1 PECTOR Rough' r`1�%� Servlte GAS INSPECTOR Rough i t FInak 1.1tiJ FIREDEPT. Burner Smo�Det. TIIIS CERTIFIES TIIAT...... I. or T ?:........ 1U.. ... has permission to erec buildings on .....0 .. to be occupied as.. .... ... provided that the person accepting this permit shall in every respect conform to the terms of the application on file In this office, and to the provisions of the Codes and By -Laws relating to the Inspection, Alteration end Construction of Buildings In the Town of North Andover. VIOLATION of the Zoning or Building Regulations Voids this Permit. PERMIT EXPIRES IN MONTHS UNLESS CONST ' ON ......................... ... ....... iUIL414Z P R Occupancy Permit Required to Occupy Building Display in a Conspicuous Place on the Premises Do Not Remove No Lathing to Be Done Until Inspected and Approved by Building Inspector ISO to EXHIBIT C CERTIFICATE OF USE Ft OCCUPANCY Town of North Andover Building Permit Number 36 3 (19l_ Date Foharrahu 94 1999 THIS CERTIFIES THAT THE BUILDING LOCATED ON 90 MIDDLESEX STREET MAY BE OCCUPIED AS FAMILY ROOM BEDROOM, BATHRM IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND'SUCH OTHER REGULATIONS AS MAY APPLY. CERTIFICATE ISSUED TO John Leahy ADDRESS 9 'ddtesex St., Nontlt AndoveAt A SA US ! Building Inspector %