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HomeMy WebLinkAboutMiscellaneous - 98 BEVERLY STREET 4/30/2018I . 1 �' � �►L444if ' �o •NORTy 1't rr . 1G • CHr 9 s4, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ... 0.ul y..??......198.6 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. T u e s d a y e. v e n. i. n g......... the .... 1.2day of ....A u g u. S t ........... 1986. , at7.:.3.0'clock, to all parties interested in the appeal of Pau1..&..Joh.n.A.i.Sa.l.vejN.J.nety.-0n.e. R.eal.ty...... .ti requesting a variation of Sec.. 7 ..P a r.a . 7...1.. &� of the Zoning `y Table 2 By Law so as to permit ................. I .................. relief. .from frontage and lot size .......... I.......... ...................................................... ...................................................... ...................................................... on the premises, located at ... 9.8. B.e v e. r. l y.. S t r e et ....... ..............................:...................... By Order of the Bo rd of App Frank Serio, J ., Chairman Publish in N. A. Citizen July 24 & July 31, 1986 • jF Legal Notice TOWN OF. NORTH ANDOVER 8AD OF APPEALS NOTICE HORtM 01 ,too 1q July 22, 1986 3? �•,,, •. °o Notice is her ebyiven that the Board of Appeals p will give a hearing t Town Building, NorthAn- dover, on Tuesday evening ••••.<� the 12 da ys��cNus� y of August, 1986, at 7:30 o'clock, to all Parties in the ap. Peal of Paul" & John DiSalvo/Ninety-OnedRealty re- questing a variation of Sec. 7 Para 7.1 & 7.&Table 2 2 of the Zoning By Law so as trom fron- Street. t treand lot size o permit relief fon the premises, located at 98 Beverly :. By Order of the Board of Appeals frank Serlo, Jr., Chairman. Publish North Andover Ci 1986. tizen; July 24 & July 31, Legal Notice TOWN OF. NORTH ANDOVER BOARD OF APPEALS NOTICE. c�•►+ July 22, 1986 o M�.. 4, Notice is hereby given i .��•'"' �' °c that the Board of Appeals Ft' p will give a hearing at the Town Building, North An- dover, on Tuesday evening "• •^�� ;.� , the 12 day of August, �s 3^C14 1986, at 7:30 o'clock, to all { parties interested In the ap- mal, of _Paul & John DiSalvo/Ninety-One Realty re- luesting a variation. of Sec. 7 Para 7.1 & 7.2 & Table 2 . if the Zoning By Law so as to permit relief from fron- age and lot size on.the premises, located at 98 Beverly itreet: By Order of the Board of Appeals Frank Serlo, Jr., Chairman. Publish North Andover Citizen. July 24 & July 31, 1986: k20 WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 Tel. (617) 686-3812 To: Mr. Frank Serio, Chairman No. Andover Board of Appeals From: Fire Chief Dolan Re: Decision of September 5, 1986 91 Beverly Street Date: December 8, 1986 I had attended the public hearing concerning the application of Paul and John DiSalvo for 91 Beverly Street. Upon input at the public hearing the request was denied. A copy of that decision is attached. Since that time a building permit has been issued to allow the construction of a single family residence behind 91 Beverly Street attached to the existing dwelling by two garages to be built. I had spoken with Mr. Foster on December 8, 1986 regarding whether this new construction was consistent with your boards decision of September 5. Mr. Foster did not see as this was my concern. I believe as a matter of public safety it is. I would ask that your board review the plans submitted for 91 Beverly Street under which the building permit was issued, to see if it is in conformance with your decision of September 5. w1w., �V, 0,1, William V. Dolan, Fire Chief cc: Charles Foster, Building Inspector Karen Nelson, Town Planner "SMOKE DETECTORS SAVE LIVES" f ,,ORTN 1 O P ,SSACMU��t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: t v .,7 -,- September 5, 1986 Petition #12-87 Paul & John DiSalvo/ Ninety -One Realty 91 Beverly St. The Board of Appeals held a public hearing on August 1, 1986 upon the application of Paul & John SiSalvo%Ninety-One Realty request- ing a variance of Section 7, Paragraph 7.1,.7.2 and Table 2 of the Zoning ByLaws so as to permit relief from frontage and lot lsize in order to build a duplex on this property. The following members were present and voting; Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Wi.11iam Sullivan, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on July 24 and July 31, 1986 and all abutters were notified by regular mail. Motion made by Alfred Frizelle and seconded by Raymond Vivenzio to DENY the petition. The vote was unanimous. The Board feels that no hardship is shown and that no hardship will be created by the denial of this petition. Sincerely, BOARD OF AP -PEALS Frank Serio, Jr�Chai rman /awt ' R TC'.V ; ,:VES; SEP 5 152 11'IJ,186 f ,,ORTN 1 O P ,SSACMU��t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: t v .,7 -,- September 5, 1986 Petition #12-87 Paul & John DiSalvo/ Ninety -One Realty 91 Beverly St. The Board of Appeals held a public hearing on August 1, 1986 upon the application of Paul & John SiSalvo%Ninety-One Realty request- ing a variance of Section 7, Paragraph 7.1,.7.2 and Table 2 of the Zoning ByLaws so as to permit relief from frontage and lot lsize in order to build a duplex on this property. The following members were present and voting; Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Wi.11iam Sullivan, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on July 24 and July 31, 1986 and all abutters were notified by regular mail. Motion made by Alfred Frizelle and seconded by Raymond Vivenzio to DENY the petition. The vote was unanimous. The Board feels that no hardship is shown and that no hardship will be created by the denial of this petition. Sincerely, BOARD OF AP -PEALS Frank Serio, Jr�Chai rman /awt } RECENEO DANIEL LWIG NORT ' 1,r,U0VER SEP 5 1 52 N 136 • ?� �peroRgr -•� ~' Al - 855 ., TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Paul & John DiSalvo Ninety -One Realty Date ... .Sep.tem.ber..5.,:.19.86.. 91 Beverly St. N. Andover, MA 01845 Petition No ......... 1 2.., 8 7........ . Date of Hearing ...A u g.0 s t. ,1 2. , . 1.9 8 6 Petition of ......... P.au.1..&.. John. DiS.alv.o%N.i.nety-.Qve..Re-at 1tY.................•• Premises affected ...... 9.8. B.e ve.r.l y..S t....... ........................................ Referring to the above petition for a variation from the requirements of .S G c t i Q n . 7. , .... Para.gra.ph..7..1.,..7..2.,.. and. Iab.l.e. 2 ... af..the. .Zo.nin.g. B.y.LA.ws.............: so as to permit ..rel•i.ef from.-fr.o.nta.ge..and..lo.t.s.i.ze..in. .onde.r.A.0..bu.i.1d..a.. duplex on the .property. . .........................:..................................... After a public hearing given on the above date, the Board of Appeals voted to .. D E.N Y ..... the variance ilflXlif�F yX B(d+i Xth� Xid�'(n Xn g,"t6�"VAX YRX riQ�c >�4c........................................................................... . f94X�)Q �4t��rk)��(4!�(9�Xt#� �1Q9N1@X�1f�(►Xb1�l�kD(VfI�X���9(��0�➢Gi4Q(�a�h�t�bii�: The Board feels that by denying this petition, no hardship will be I aused to the petitioner. Signed Frank Ser Jr. �hairman • • • • • • • • • A-1•fred. •Fr.i.zel•le•,• •Vice-•cha.i rman ......... w.i.1 1 i. a m• S u -l• 1 •v a n.• .......... . R•aym-ond••Vi•ven-zio........... ....... Anna •O•'•Gon.nor.............. ........... Board of Appeals RTF{ rA OF q1.0 32 e s,. •° OL ti �9SSACHUSEt 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MEMORANDUM TO: William V. Dolan, Fire Chief FROM: Frank Serio, Jr., Chairman Zoning Board of Appeals RE: DECISION OF 12/5/86 91 BEVERLY STREET DATE: February 2, 1987 a(.IGt..1..�.e�.. Your letter requesting our Board to review the plans for the construction of a building at 91 Beverly Street on which a building permit was issued is not within our jurisdiction until a formal request for a public hearing by an aggrieved party has been received. I hope this will help clarify our legal position on.this matter. /ns c: K. Nelson P. Sharon R R.-Cc0ived by Town 1�-lerRRE!V-- 1 FFOP,tf + �Ct`ER JUL 2� 9 4 AM 186 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Paid John DiSalvo/ Ninety=One Realty Address 91 Beverly St. Nolth Andover - 1. Application is hereby made: a) For a variance from the requirements and Table 2 of the Zoning By Laws. b) For a Special Permit under Section 4y Laws. of Section y Paragraph y•1,7'?- Paragraph of the Zoning 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(s) _numbered 98 Beverly St. Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( X) West ( ) side of Beverly St. 3tr.eet, and known as No. 98 Beverly ST.------ — Street. c) Premises affected are in Zoning District R4 and the premises affected have an area of 23,400 square feet and frontage of 120 feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): Bertha M Aspeslagh, 98 Beverly St, North Andover Date of Purchase 28 July 1960 Previous Owner (land only) Arthur Redmonc b) If applicant is not owner, check his/her interest in the premises: e S 7 . Description of relief sought on this petition Frontage and Lot size relief requested in order to build a Duplex on the property because of the shape and topograph oT_t_ie property as it exis s ana under -the requiremen � �et��Cfic'�rrtl'�id�tvtznus. 8. Deed recorded in the Registry of Deeds in Book 904 Page 122 Land Court Certificate No. Book page The principal points upon which I base my application are as follows: (must be stated in detail) Shape and topography of the land require a varience to meet zonong specifications; the character of the neighborhood as principally multi -family housing is consistent with th request; cTesireto save currenr Ereess and s rh u�ery XXMX ~---EigTiest an-cF-best use of the Lana •,need forsuet-nous►ing 1n--Nrrdable PCI. L Of MWJ1; neighborhood ots are const era y —smalier in size; only affordable means of acqulrM a home in our hometown. —� -- --- I agree to pay the filing fee, advertising in newspaper, and incidental exo^nsAs* t'-1 n A S iture of Petitioner Cs 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 appiicat.ion form.. All information called for by the form shall be furnished by the applicant in the manner therein prescrilled. 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 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, but -are not necessarily limited to these. Every application shall be submitted with -a nlan nf__�-�.------- - • 31 July 1986 Dear Mr. Chairman and Members, Our names are Paul and John DiSalvo and we reside at 91 Beverly St. By way of background we are both life long residents and North Andover High School graduates. We jointly operate a family owned business in North Andover called Pridecraft Woodworking located at 109 Sutton St. Paul is 27, General Manager of Pridecraft and is a NECCO graduate. John is 24, an engineer and a graduate of ULowell. We are making this request as the sole trustees of Ninety -One Realty Trust. We are not developers. We do not now nor have we ever owned property 1 4 We are committing the rationale for our request to paper so that you may better understand the nature of the request. Enclosed is a table of relevant facts and figures. We would like to note our appreciation for the time Mr. Foster spent with us and the advice that he and the ZBA office staff assisted us with. We have contracted to buy the property at 98 Beverly St. from our neighbor Mrs. Bertha Aspeslagh. Mrs. Aspeslagh has had to leave her home because of ill health and is now being cared for in a local nursing home. She is selling her home to pay nursing home costs as she is a private patient and is not eligable for government assistance. With her knowledge and assent we are seeking the variences requested. We propose to subdivide the property so that we may build a duplex in townhouse style. As detailed in the drawings submitted we would divide the property consisting of 24,300 S. F. into two parcels, labeled parcel C and D, one of 10,010 S.F. with the current home sitting upon it; the second of 13,390 S.F. with a proposed duplex. The shape of the land is such that it requires us to seek a varience in order to abide by zoning requirements. The topography of the land, principally because of the mature trees on the property, requires us to seek a varience. It is our desire to build on parcel D and to situate the building, driveway,entrances and landscaping in such a way that would not require us to cut down or displace any of the four 100 plus year old deciduous trees, the eleven fruit bearing pear and other fruit trees or the nine mature shrubs that have been so meticulously cared for through the years. The character of the neighborhood and its housing stock is mixed with a very high r concentration ofjmulti-family housing. The average frontage on Beverly St. is 76.5 '. The average lot size on Beverly St. is 8, 451 S.F. The average number of E housing units on each parcel is 1.6. The average lot size per housing unit is 5*281 S.F. The average lot size per single family house is 7,575 S.F. The average lot size per multi -family house is 4,712 S.F. The average lot size per multi -family i page 2. unit is 2,142 S.F. We are proposing 3 units on a lot size of 24,300 S.F. If the varience is granted parcel C will be 18% larger than the average lot size and is 32% larger than the average single family lot size. Parcel D will be 58% larger than the average lot size, 184% larger than the average multi -family housing lot size and 212% larger than the average lot size per multi -family unit. Recent variences have been granted in the neighborhood to add a 3rd unit to existing multi -family housing. In the past variences have been granted to turn existing single families into duplexes by adding on to the original structure. Several homes have been converted into multi -family housing from single families. Because of the existing zoning district no variences were required to accomplish this expansion of the housing stock in our neighborhood. The property as it now exists would be economically unfeasable for us to purchase without a varience. We cannot afford to purchase a home and live in our hometown unless a varience is granted. As life long residents not only of North Andover but of Beverly St. we hope to be granted the opportunity to stay. Our parents and grandmother live on Beverly St., our older brother owns a home there. Our brother, Mark DiSalvo is financially assisting us to ensure that we may receive mortgage financing. Our sister's family, who have lived on Beverly St., were forced to purchase a house in another community and have expressed a hope to return to town once the property is divided. We have the right without ZBA approval to modify or add on to the existing home to make it a multi -family dwelling. However, we seek a varience so that we may have a seperate structure as a multi -family home and keep the integrity of the current home. In planning the request and in determining the surveyed lot lines we could have angled the lines to increase frontage - but we chose to keep straight and true lot lines. We could have suggested a shared drive - but we made a decision to have seperate and distinct lot lines and to respect the trees that have been there longer than we have been alive. We believe that the significantly larger lot sizes than is average for the neighborhood offsets any deficiency. We see our proposal as both a means of increasing the affordable housing stock in town and of providing us with the opportunity to own housing we could not other- wise afford without your permission. 6 L page 3. We seek a varience so that we may build a seperate multi -family dwelling because we believe that it offers several advantages. The rationale for the requested variences are; ° It is architecturally a more suitable use of the land, ° The shape of the property is such that to abide by setback and side lot requirements a varience is needed, ° The topography of the land would require us to cut down and displace mature trees and shrubs if a varience were not granted, , ° We would save the existing trees and shrubbery, ° The neighborhood is a multi -family neghborhood, It represents the highest and best use of the property, ° The proposal is in character with the neghborhood, ° The housing would have considerable off-street parking, ° The duplex would not be visible from the street, ° Neighborhood lots are significantly smaller in size, ° There is a demonstrable need for housing in this more affordable part of town, ° It is the only affordable means of acquiring a home in our hometown. We hope -you look favorably upon our request. If you need more information or seek clarification of the information we have provided you may contact us at our home, 91 Beverly St. 685-5294 or at our business, Pridecraft Woodworking, 109 Sutton St. 685-2831. Thank you for'your consideration. a"r�n Paul DiSalvo ae'111 eqj John DiSalvo 16 page 4. Table of Facts and Figures All figures relate to properties with frontage on Beverly St. I. #,-of lots on street with frontage 30 2. # of multi -family homes on street 15 3. # of housing units on street 48 4. # of multi family units on street 33 5. # of average units on each parcel 1.6 6. average lot size 8,451 S.F. 7. average lot size per unit of housing 5,281 S.F. 8. single family average lot size 7,575 S.F. 9. multi -family average lot size 4,712 S.F. 10. average lot size per multi -family unit 2,142 S.F. 11. average frontage 76x6" 12. lots with 50' or less of frontage 7 13. lots with 20' or less frontage 2 14. # of lots under 12,500 S.F. 26 15. lot size of parcel C 10,010 S.F. 16. frontage of parcel C 91' 17. average lot size per unit of housing parcel C 10,010 S.F. 18. % larger than average lot size parcel C 18% 19. % larger than average single family lot parcel C 32% 20. lot size of parcel D 13,390 S.F. 21. frontage of parcel D 29' 22. average lot size per unit of housing parcel D 6,695 S.F. 23. % larger than average lot size parcel D 58% 24. % larger than average multi -family lot parcel D 184% 25. % larger than average multi -family unit parcel D 212% C. t P Lj! LLA' 106 Beverly Street "orth Ando her, . assacrusetts Scale: 1 = 40, :Veer: Donald Sama::a Dcto er 3,1980 'C T 4 � .. /20. 0' ali shed LC>l' 1,3 '4= 23'40O i I i Ga'L" 06, 37.0' �V. 5 f -.V -F) e I � K 57-2z:�T Ii -Is is not a survey and is to be used for mortgage purposes only. N.B.- Do not use offsets for establishing lot lines for the erection of fences, walls, hedges, etc. i hereby certify that the building on this property is located as shown on plan and complies with the zoning set back requirements of the Towrt of 'North Andover. CYR EIIGI'IEERI"3 SERVICES, I11:C. 300 CA:.AL STREET IAcIREieCE, '4ASSACI-METTS i 1 1 . � w M rr- ] WE, THE UNDERSIGNED, AS NEIGHBORS AND ABUTTERS OF MRS. ASPESLAGH'S PROPERTY DO NOT OBJECT TO THE PROPOSAL OF PAUL AND JOHN DiSALVO FOR THIS PROPERTY. ADDRESS 'am 3 IVA � I ,/� Y ���� � � �� �� { �Y3 er'� NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION FOR VARIANCE - JOHN & PAUL DiSALVO Property Address: 98 Beverly Street, North Andover, Mass. PETITION IN OPPOSITION TO VARIANCES We, the undersigned, are all parties in interest in the above matter, being abutters and/or neighbors to the land subject to the application for two variances, and are opposed to the application of Paul and John DiSalvo/Ninety-One Realty for relieef from the Zoning Ordinances of the Town of North Andover, for the Nllowing reasons: 1. The present owner of the land purchased it knowing that it was one lot of land, containing only one building. 2. Allowing the variances would have a devastating impact to the value of the homes of the surrounding abutters to this locus. 3. Since the applicants are not the owners of the land, but prospective purchasers, they are not suffering a "hardship" which the Zoning Ordinances were created to relieve. 4. Allowing the relief sought would be with total disregard to those abutters who observed this neighboring locus and who believed that this lot would not dramatically change in the future when they decided to purchase their homes. NAME ADDRESS X01-11_1''IAYb ��l��s IVA- o i ;Jx if .i t 5E(2 O&P> . ./UU-r'i c C' 16' 7 f a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Sebastian DiSalvo 91`-93 Beverly St. N. Andover, MA 01845 Date:_Ju1,Y_30_1 986 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $_��^_^ for the following: Filing Fee $ ,! Postage $ 6.16 y� c.� ✓ 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 Audr y W. Taylor, Clerk ....