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HomeMy WebLinkAboutMiscellaneous - 91 MAIN STREET 4/30/2018 (2)Is Leg"otice TOWN OF NORTH ANDOVER MASSACHUSETTS BbARD OF APPEALS NOTICE February 13, 1981 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening the 9th day of March, 1981; at 7:30 p.m. o'clock, to all parties in- terested in the appeal of Ralph P. Ciardiello, Trustee of JY Realty Trust requesting a variation of Sec. 7.1, 7.2_ 7.3, 7.5 and Table 2 of the Zoning By -Law so as to per- mit the subdivision of an ex- isting lot with two buildings into two lots having one building on back lot on the premises, located at 91 and 95 Main Street. By Order of the Board of Appeals. Frank Serio, Jr. Chairman Publish N.A. Citizen: Fohmmmr 10 -4 If 1041 Jr f ,�tAa�9TC0 APRIL7M,i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE February. 1.3 ..19. $' Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.... ISand.ay. . evening....... the 9th.. day of ......Lurch.......... . 19. 8.1 , 0. 30o clock, to all parties interested in the appeal of Ralph P. Ciar.diel.io, . 'i'ruptee� . .o.f. JY .Realty. Trust . requesting a variation of Sec.. TO .t. .7.21 . 7.3,.. of the Zoning By Law so as to permit .. 7.5. and . Tabl.e..2 . of the. Zoning. By—Law so as to permitthe svbdtivision of an... existing lot with two buildings into .two. lots having onebuilding on back lot ................... ...................................................... on the premises, located at. . 91. and. 95. 11aiu . $tre©t........ By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish N.A. Citizen: February 19 and 26, 99$4 Send bill to: Ralph P. Ciardiello, P. 0, Box 125, North Andover, Mass. 01845 Send 5 proofs to: Jean White, Town Building " � ' � 1835 • TOWN OF NORTH ANDOVER MASSACHUSETTS co r'.' ° BOARD OF APPEALS SO y moo„' NOTICE OF DECISION Date ...... Apri1.21.,..1.98j...... Petition No....5. -. 1 81_ . _ ....... . Date of Hearing...hfarch Petition of ...... RalPh .P.. Ciardiello., Trustee, of .J, X, Realty, Trust .. . Premises affected .... 9.1..P1?d. 95. Main. Street ........................................... . Referring to the above petition for a variation from the requirements of the ... Z onin g . By -Law ..... Secti.on .7 • 1.,..7.•.?, . 7.3.,..7...5, . and .Table. 2.` ....................................... so as to permit ... the .subdivisiw of. an .existing .lot. wi.t.h .two. buildings. into.two. . 1 of s. having. one .bvi lding . on. bask .1 ot.......................................... . After a public hearing given on the above date, the Board of Appeals voted to .. GRANT.... the variance based upon the following conditions: 1. That access to Lot 1B run with the land for the entire length (23') of Lot 1B over the 12' passage way as shown on the plan 2. That it be duly recorded with the plan at the Registry of Deeds. Signed Frank Serio, Jr.� Chairman Alfred E. Frizelle,Esq.} Vice Chairman ...William.J....Sullivan ............................... .Walter.F...Soule ..................... ................................. Board of Appeals i f ,tORTh , 10 9 �,SSACHUstt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Daniel Long, Town Clerk Torn Office Building North Andover, I' -lass. 018Q5 Dear Sir: a April 21, 1981 Ralph P. Ciardiello, Trustee of J Y Realty Trust 91 and 95 Main Street Petition No. 5 — '81 The Board of Appeals held a public hearing on Monday evening, March 9, 1981 upon the application of Ralph P. Ciardiello, Trustee of J Y Realty Trust. The hearing was duly advertised in the North Andover Citizen on February 19 and 26 and all abutters were notified by regular mail. The following members were present at the public hearing: Frank Serio, Jr.,' Chairman; Alfred- E. Frizelle, Esq., Vice Chairman; Richard J. Trepanier, Esq., Clerk; William J. Sullivan; and Associate Member Walter F. Soule. The public hearing was con— tinued until April 8, 1981, and all of the above members except Mr. Trepanier were again present and voting. The petitioner requests a variance from the provisions of Section 7.1, 7.2, 7.3, 7.5, and Table 2 of the By—Law to permit the subdivision of an existing lot of land with two buildings thereon into two separate lots, each with a building thereon, located at 91 and 95 "lain Street. The petitioner, through counsel, introduced evidence showing that the existing parcel pre -dates the current Zoning By—Law and that the buildings were constructed at a time when such a use was allowed. The petitioner stated that if the Zoning By—Law was to be literally enforced, that it would create a.hardship to the petitioner since the buildings would become obsolete. Upon a motion made by Mr. Frizelle and seconded by Mr. Sullivan, it was voted unanimously to grant the variances as requested by the petitioner subject to the conditions that access to Lot 1B to run with the land for the entire length (2�3' of Lot 1B over the 12' passage way shown on the plan and that it be dull- recorded with the plan at the ReCistry of Deeds. Ralph P. Ciardiello Petition No. 5 - 181 Page 2 In granting the variances, the Board finds that the fact that the buildings were constructed prior to the existing Zoning By -Law creates such a situation that the literal enforcement of the By -Law would create a financial hardship to the petitioner. The Board further finds that the exisitng neighborhood would not be changed. The Board takes notice of the character and make-up of Main St., which has limited set backs along the business district section and notes that almost every existing structure fails to conform to the provisions of the By - Law. The Board finds further that each of the conditions set forth in Section 10.4 of the By -Law have been satisfied and that the granting of the variances will'not derogate from the intent or purpose of the By -Law, nor will it be a detriment to the public good. Sincerely, BOARD OF APPEALS �zLo_� jv"4- d , 'L -r�) T. Frank Serio, Jr., Chairman AEF/jw I + 'DOWN OF NORTH ANDOVER MASSACHUSETTS .— —._ BOARD . OF -'APPEALS . fSSACHUSEt� NOTICE: This application must be typewritten.�� TION FOR RELIEF FROM THE- REQUIRMENTS OF THE --ZONING ORDINANCE Applicant Ralph P. Ciardiello,Trustee Addres n Qe� 25T�Ie-.AndeveE,- A 1'0 Application is hereby made 7.1 7.2 (a) For a variance from the requirements of Sectioi-0 ,Paragraph of --the Zoning By -Laws. 7.5 and Table -2 (b) For a Special Permit under Section ,Paragraph - of the Zoning By -Laws. (c) As a party aggrieved, for review of a decision made7by the Building Inspector or other authority. 2. (a) Premises affected are land_ x and buildings numbered 91 and 95 Main Street. (b) -Premises affected are property with frontage on the North S8uth East West side of Street, and known as N0. Street. (c) Premises affected are in Zoning DistricbGH ,and the premises. affected have an area of -and frontage of ,,,i., feet. 3. Ownership: (a) Name and address of owner (if joint ownership, give all - atmes): -Ralph P. oafdiel3o,--r-ustee of JY RealtyyPrust Date of purchase Previous ownerrt,isP�Filetti (b)- If applicant is not owner, check his interest in the premises: Prospective purchaser -- Lessee Other (explain) 4. -Size of proposed building: front; feet deep. Height: stories; !Feet. (a Approximate date of erection (b Occupancy or use (of each floor): (c) Type of construction - 5. Size of Existing-Building.a feet front;_ Height stories reet. �a� Approximate date of erection bOccupancy or use (of each floor .- (c) Type of construction feet deep. 6. Has there been a previous appeal, under zoning, on these premises: If so, when - 7. Description of relief - sought on this petition: Variances of dimensi4h-a,111 rGrYL"rpmP-ntR Rn low tho Cu6diVl-,ion of an Pxisting lot with two bui_'1tlingc into two 7nts having one building on back lot. 8. Deed recorded in the Registry of Deeds in Book 1436 Page 194 or Land Court Certificate NO.. Book Page . 9.- The principal points upon which I base my application are as follows: (must be stated in detail) A .The buildings were' constructed well before the zoning law came e, the present zoning requirement creates in t the buildings may not be separated and given -independent ownership as was originally atiticipatcd when diff-k—ulty in financing and marketability. I agr e t a tis'ng in newspaper and incidental expenses. (Petitioner's Signature) Sec. 1 ( APPLICON 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 information: called for by the form shall be furnished by the applicant in the man therein prescribed.- ner '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 owners of land within three hundredJeet of the property line all 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 tolm and the planning board of every abutting city or town. Every application shall be submitted with an application fee sufficient tocover,the cost of postage of notice to all parties in.in- terest.- LIST OF PARTIES IN INTEREST NAME ADDRESS ADD ADDITIONAL SHEETS IF NECESSARY.- J JOHN J. LYNCH JOHN J. WILLIS JOHN J. WILLIS, Jr. RALPH R. JOYCE Lynch, Willis and Joyce ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 685-3551 May 21, 1981 North Andover Board of Appeals Frank Serio, Jr., Chairman Main Street North Andover, Mass. 01.845 Dear 1-1r. Chairman: Enclosed you will find a proposed deed of the property involved in a variance granted to JY Realty Trust on April 21, 1981. You will note delineated the establishment of an easement pursuant to directions of the Board of Appeals for access to the rear of Lot 1B. I am using the deed mechanism for creating the easement, as at the present time the passageway is owned by the owner of Lot 1B, and his creation in the abstract of an easement would not be effective, as the easement rights would merge with his present ownership and fee rights in the passageway. It is therefore my belief that the only effective way to create such an easement would be to do so when the property is deeded out as contemplated by the enclosed copy of the deed. If you have any difficulty with this plan or any comments I would be most appreciative to hear from you. J1-'Jr/dre Enclosure Sincerely, "DN. J hn i illis, Jr. s4_1 Ralph T'. Ci rOiollo, �E f T �: iidQ ►�N :' ¢ if � ' �Y '6'f 6 t6' � --TRUSTEE of—dv�,r JY Realty Trust, under a declaration of trust dated , recorded in the Ikegistry of Deeds in Book , Page by power conferred by said trust for paid, grant to 4 f. and every other power, Dollars the land W with buildings thereon located in North Andover, Massachusetts, sho,vim on "variance plan of lend prepared. for JY Realty Trust located in North Andover, Mass.", scale: ill = 10,, dated January 30, 1981,.Frank C. Gelinas & .'�ssoc., Inc., Engineers and Architects, shot- as Lot 1B on said Plan, more particularly bounded and described as follows: NORTHASTERLY by 14ain Street, twenty-one and 82/100 (21.82) feet; SOUTHEASTERLY by Lot lA on said:�Plan one -hundred and 19/100 (100.19) feet; SOUTHtJLSTERLY by a passageway at shown on said Plan, twenty-three (23) feet; and NORTMiiLSTERLY by land des ignated as Lot 2 on said Plan, :one hundred and 03/100 (100.03)'feet. Containing 2,239 sr.,. ft., more.or less',all of said measurements being more or less according to said Plan. Saica property is deeded together with a right of way over a strip of land shotm. as ,a passageway on said.Plan and also shown as a passage- way 12 feet in width, on a Plan of Land recorded in the North Essex Registry of Deeds as Plan No. 285, is granted to the grantee herein, his successors and assigns forever, together with their licensees, for all purposes for which passageways are used in the Town of North Andover, but more specifically, for the purpose of.access to the rear portion of said Lot 1B, for any and all urposes. Meaning and intending to convey a portion of the premises conveyed to JY Realty Trust by deed datedand recorded in the North Essex Registry of Deeds, Book Y 49itllm hand mid seal this day of , o r t 0111JpI�UIt>e t 1N",$gatts t , Then personally appeared the above named and acknowledged the foregoing: instrument to be. 19 :i k free act and deed, before me, Notary Public My commission expires 19 lr 1 ' 4 r t , S 19 :i k free act and deed, before me, Notary Public My commission expires 19 lr 1 ' Lynch, Willis and Joyce ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOHN J. LYNCH JOHN J. WILLIS JOHN J. WILLIS, Jr. RALPH R. JOYCE June 8, 1981 North Andover Board of Appeals Frank Serio, Jr., Chairman Main Street North Andover, Mass. 01845 RE: Petition No. 5-81 Petition of Ralph P. Ciardiello, Trustee of JY Realty Trust Premises 91-95 Main Street Dear Mr. Chairman: TELEPHONE 685-3551 Please be advised that I recorded the notice of decision in the above -captioned appeal along with the Plan of the same at the North Essex Registry of Deeds on June 5, 1981. For your future reference, if need be, the plan number is Plan No. 8646. As I outlined to you in my prior letter, the petitioner has been deeding out rights in the passageway as properties are being sold. The notation on the notice of decision that such rights belong in Lot 113 will protect that lot prior to the time when a deed -out is made with appropriate reserved ease- ments. This should and I would like which you treated Board should have future concerning answer them. JWJr/dre finalize our dealings on this to thank you for the courtesy myself and my client. If you any problems or questions in this project I would be happy matter with or the the to inc , hn J. it is, Jr. "A JOHN J. LYNCH JOHN J. WILLIS JOHN J. WILLIS, Jr. RALPH R. JOYCE b nA, Willis and Joyce ATTORNEYS -AT -LAW 160 PLEASANT STREET NORTH ANDOVER, NIASSACHUSE'1-1'S 01845 -iay 21, 1981 ► North Andover Board of Appeals Frank Serio, Jr., Chairman Main Street North tindover, Mass. 01845 TELEPHONE 685-3551 Dear Mr. Chairman: Enclosed you will find a proposed deed of the property, invoi ved? in .. variance wanted to Ji' Re-= 1ty Trust on Lpri 1 21, 1981.41 _'ou --i l note `_=-ie est lDlis'lment o= an ea ser.ent pursu-nt to directions of the Board of C-A,Dpe:al s for access to the rear of Lot J -B. I am using the deed mechanism for creating the easement, as at the present time the pzssage,aay is owned by t'ie o�,mer of Lot 13, and his creation in the abstract of Z.n easement would not be effective, as the easement rights would merge with his present ov.nership and fee rights in the passageN•ray. It is therefore my belief that the only effective way to create such an easement .would be to do so when the property is deeded out as contemplated by the enclosed copy of the Geed. If you have any n.3- rficulty wi'Ch this plan or any comments I would be most appreciative to hei=r from you. Sincerely, J hn I illis, Jr. J.Ur/arc nclosure I'aiph 1�. Ci rO.in1' o, �E�:EGIIT�R:un�ei•=��l:c��---.���{-:�:�b��of''�tt�'�i��'��1�—TRUSTEE of--GI�'il�'�iC °( COXSE8,VATO&p'f JY Realty Trust, under a declaration of trust dated recorced in the Pace by power conferred by said trust for paid, grant to Registry of Deeds in Book , and every other power, Dollars the land iN with buildings thereon located in North Andover, 11�lassachusetts, shoVn on "variance plan of land prepared for JY Realty Trust located in Forth Andover, i•1ass.", scale: Y" = 101, dated January 30, 1981, Frank C. Gelin?s & Assoc., Inc., Engineers and Architects, shown as Lot 1B on said Plan, more particularly bounded and described as follows: IIORTI33:�,ST ERLY by I -lain Street,'twenty-one and 82/100 (21.82) feet; SOUTHZASTERLY by Lot 1A' on said >Plan one -hundred and 19/100 (100.19) feet; SOU` 11-rWESTLRLY by a passageway as shown on sFaid Plan, twenty-three (23) feet; and NORTIrvi STERLY by land designated as Lot 2 on said Plan, one hundred and 03/100 (100.03) feet. _ 3 Containing 2,239 sq. ft., more Ior less, all of said measurements being more or less according to said Plan. 1--�Sraid-�--i)—roperty is deeded together with a right of way over a strip of.. land sho,.m as .a passageway on said Plan and also shown as a pa ssage- i;ay 12 feet in width, on a Plan of Land recorded in the North Essex Registry of Deeds as Plan No. 285, is granted to the grantee herein, his successors and assigns forever, together with their licensees, for all purposes ror which passageways are used in the Town of North Andover, but more specifically, for the purpose of access to the tear portion of s;civ Lot 1B, for any and all purposes. --------- Meaning __Leaning rind intending to convey a portion of the premises conveyed to JY Realty Trust by deed dated and recorded in the North Essex Registry of Deeds, Book , Page eitnas hand aild seal this day of 19 1 i �tef�:t�udttu��fb. ��ttl�tt�i�s SS. Then personally appeared the above named and acknowledged the foregoing instrument to be free act and deed before me, 9 19 ABUTTERS: Renee Trust 94 Weare Street Lawrence, MA 01840 Fred and Sally Kellan 88 Main Street No. Andover, MA 01845 Mansour and Carmelina Shaheen 16 Sutton Place No. Andover, MA 01845 Red Squire Realty Trust c/o Walter Green 136 Heath Road. No. Andover, MA 01845 San Lan Realty Trust c/o Santo Messina 268 Mass. Ave. No. Andover, MA 01845 Gulf Oil Corp. P.O. Box 8056 Philadelphia, PA 19101 Richard A. and Jean M. Hanson 85-87 Main Street No. Andover, MA 01845 Thomas S. and Geraldine T. Laorenza 17 First Street No. Andover, MA 01845 Alfred R. and Mary Doeglin 48 Waverly Road No. Andover, MA 01845 Donald and Virginia Foulds 25 First Street No. Andover, MA 01845 Building descriptions: Building #1 - 91 Main Street North Andover, MA Single story masonry block construction 19.9 feet wide, 65 feet deep Date of erection: Circa 1920 Occupancy: Restaurant Building #2 - 95 Main Street North Andover, MA 2 1/2 story wood frame dwelling 26 feet wide, 51 feet deep Date of erection: Pre 1900 Occupancy: first floor - offices second floor - residence TOWN OF NORTH ANDOVER HOUSING REHAB PROGRAM 16 Fountain Drive North Andover, Massachusetts 01845 (617) 682-3932 March 9, 1981 Mr. Joseph Serio, Jr., Chairman Board of Appeals North Andover, MA 01845 Dear Mr. Serio: I have been working with Mr. James McAloon with regard to the renovations of his property on Main Street. He has been very cooperative in incorporating the ideas of our program architect into his own plans for his buildings. Although I cannot comment on the technical aspects of separating the various properties that Mr. McAloon now owns into separate parcels; from the standpoint of our program goals, it does seem to be a good idea. Mr. McAloon intends to renovate the building presently occupied by the Citizen in accordance with our plans, and Mr. Valancourt has expressed interest in renovating his restaurant. My experience has indicated that people who own their property are much more receptive to our program than those who lease or rent. I am sure that there are mazyfactors that you must consider in granting Mr. McAloon a permit, and I do not wish to influence your decision in any way, except to point out to you that he has been very cooperative and his plans do fit into .our program goals. Sincerely, Gayton Osgood Community Development Director GO/hm t v ✓C%'�vca r c� 6� a `l/�1�G�uc,C �,t �c G y�lY`couc�i ���`�%Lz.�-� `7 /J 7, Z, vd4 z /4 4e -AI&CV f �7 , Et.� L{/1•� .t.(�Gir Gfi��[!L[J-ec' ' �� (�-G"Ir(�t�LR,/� �lt�CG�[' r >/!+ /(i �{ � �j% OfurizmeC t r y r .d .r��},o /VG��fiti4G • �i.�,�., �. 'J �jJl;;e,..�/ f !� ���- A ter r.r r-dC CLU �I/ � EJ �� �Y4.��vt .�tt/`L � � , � t•GCi , W � .P t2� � � ` :� �o2`S� /) �(J "elk X44 f ott f �h� l� v��ry lM. L�r� � .�'�': L-." vG�11�-t-�✓ c.1t..!.� �i P �.�_. c-!, f j t r � � l �+' �,Y-a�wL j � �;�J � c.i:.� i • '� �L�t+ .i ..•_ LCt�:-�Li'L�',LL? G7 _/ /7illa%��` i�..f i•"� ' 4�4�U i ir' w7'�l .�L ' =. J's f� . � � C �'J ;,C 4�