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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOAR® OF APPEALS
NOTICE
January 96 19.
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on .. Mand.. .
evening ........ the 9th' . day of .. Februa;ry......... .
POMO
19 .. , at?' 390'clock, to all parties interested in the appeal of
Angelo Freda
......................................................
requesting a variation of Sec. ? , . Par . 7.3...... of the Zoning
By Law so as to permit, the. construction of . a. fireplace
chipney within the, 20' side lot line, -requirement.
.....................................................
................... .... ........ I......................
........................ I.............................
on the premises, located at .. the . deet. side. of. F.o.,dii11.. Rd.
and known as Lot 22, Foxhill . Road.• .............. .
By Order of the Board of Appeals
Frank Serio, Jr., Cha,ir;nan
Publish N.A. Citizen: January 22 and 29, 9981
Send bill to: Angelo Freda,, 104 Pleasant St., No. Ando -ver
Se$d 5 proofs to: Jean White$ Tovia Building
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to b26Z�'?, NOTICE OF DECISION
Date ... February 19, 1 981
Petition No..... 2..—.1.81 .........
Date of Hearing.. February, 9.,..1981
Petition of ........4gelo Freda .
.........................................................
Premises affected ...Lot 22 - Foxhill.Road..... ........................................
Referring to the above petition for a variation from the requirements of the .....Zoning By. -Law
...... Section. .7,, Paragraph.7.3
so as to permit ....the construction of a, chimney. within. the, required. 20 .foot. side .
set back.
..............................................................................
After a public hearing given on the above date, the Board of Appeals voted to ... Grant the
variance . . ............. . . . ..... and hereby authorize the Building Inspector to issue a
permit to .... Angelo. Freda ............................................................
for the construction of the above work, based upon the following conditions:
Signed
__.Frank Serio, Jr., Chairman
Alfred E. Frizelle,. sq.,. Vice—Chairman
. .Richard .J..Trepanier, . Esq..,. Clerk..
Augustine Nickerson
Walter. F.. Soule .....................
Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 19, 1981
Angelo Freda
104 Pleasant St. at Millpond
Premises affected: Lot 22
Foxhill Road
Petition No. 2 - 181
Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Sir:
The Board of Appeals held a public hearing on Monday evening, February 9, 1981
upon the application of Angelo Freda. The hearing was duly advertised in the
North Andover Citizen on January 22 and 29, 1981 and all abutters were notified
by. regular mail. The following members were present and voting at the public
hearing: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice -Chairman;
Richard J. Trepanier, Esq., Clerk; Augustine Nickerson; and I -falter F. Soule.
The petitioner seeks a variance of the provisions of Section 7, Paragraph 7.3
of the Zoning By -Law to permit the construction of a chimney on the premises
known as Lot 22, Foxhill Road.
The petitioner testified that the contractor placed a foundation within the side
set back requirements.. However, when the chimney was included, the side set back
was approximately 1.5 feet less than required. The petitioner said that it would
be a financial hardship should he be required to move the existing foundation.
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, it was voted
unanimously to grant the variance as requested. The Board finds that each of,
the requirements of Section 10.4 of the By -Law have been satisfied:
Sincerely,
BOARD OF APPEALS
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Frank Serio, Jr., Chairman
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS n, �/�� dy '',�'^°''•<�
J SSACHU•'t
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NOTICE: This application must be typewri
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE Z ING
104 Pleasan!�-Millpond
Applicant Angelo Freda Address No. Andover, Massachusetts
I. Application is hereby made
(a) For a variance from the requirements of Section 7- ,Paragraph 7.3
of the Zoning By—Laws.
(b) For a Special Permit under Section , Paragraph of the
Zoning ty—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 buildings-- X numbered Ldt 22 Foxhill
Road.
73.36
(b) Premises affected are property with frontage on the North209_. 02 , South 221.41 ,
East125.04 , West90.58 side of West Side, Foxhill Road =-XK0: , and known as
No. Street: -
(c) Premises affected are in Zoning District R3 , and the premises affected have an
area of 27,863 and frontage of 125.04 feet.
3. Owndrship:
(a) Name and address of owner (if joint ownership, give all names):
Angelo Freda
Great Pond Realty
Date of purchase 1980
Previous owner John Tuttle, Tr.
(b) If applicant is not owner,. check his interest in the premises:
Prospective purchaser
Lessee
Other (explain)
4. Size of proposed building: 80 front;
Height: 1 1/2 stories; 14 feet.
M
feet deep.
(a) Approximate date of erection: Foundation Dec. 1980
(b) Occupancy or use of each floor: Residential
(c) Type of construction: Concrete Foundation
1
5. Size of existing building; 80 feet front; 26 feet deep.
Height: 0 stories; 14 feet.
`(a)-Approximate-,dat-eof-erection: February 198.1. _
(b) Occupancy or use of each floor: Residential
(c) Type of construction Wd. FRM
6. Has there been a previous appeal, under zoning, on these premises? NO
If so, when?
7. Description of relief sought on this petition Relief from requirement of bui d; na
foundation for fireplace chimney not bbe located within 20' of a side
lot line.
8. Deed recorded in the Registry of Deeds in Book Page
Certificate No. 8623 Book 58 Page
or Land Court
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The principal points upon which I base my application are as follows: (must be stated in
detail).
The foundation of the chimney is located within 16" of the required setback
i.e. 20' is required, and 18.65 feet is provided. If the variance is not
given, then the fireplace cannot be constructed, ruining the house design,
and causing a financial hardship, since the entire foundation, subdrains etc.
would have to be removed, and replaced.
I agree to pay for advertising in newspaper and incidental expenses.
Petitioner's Signature
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 informationcalled 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 -.Interest" which -list
shall include the petitioner,- abutters, owners-ef-land directly_opposite -on any public
or private street or way, 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 fee sufficient to cover the cost
of postage of all notices to all parties in interest.
LIST OF PARTIES IN INTEREST
NAME
Ames Stevens
Dennis & Judith McManus
John & Rosalle Niceforo
Great Pond Realty
ADDRESS -
72 Great Pond Road
No. Andover, MA
134 Great Pond Road
No. Andover, MA
100 Great Pond Road
No. Andover, MA
170 Great Pond Road
No. Andover, MA
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6ADD ADDITIONAL SHEETS IARY
NORTH ANDOVER BUILDING DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01843
INSPECTOR OF BUILDINGS
ELECTRICAL INSPECTOR
GAS INSPECTOR
February 9, 1981
Board of Appeals
Town Office Building
North Andover, Ma.
Re: Angelo Freda Petition
Gentlemen:
Section 7.3 of the Zoning By—Law requires the side
setback in this zoning district to be 20 feet. Eaves and un—
covered steps are the only portions of a building that are
allowed by the By law to be closer to the lot line.
When the builder questioned whether the chimney
had to meet the 20 foot setback requirement, I informed him
that it did. The owner was referred to your Board for possible
relief from the situation.
Very truly yours,
CHARLES H. FOSTER
aajx,4,) 94, Fo-�
INSPECTOR OF BUILDINGS
CHF: ad
TEL. 688-8102
TOWN OF
MASS
February 4, 1981
Board of Appeals
Town Office Building
North Andover, Fuss.
Re: Petition No. 2 — '81 — Angelo Freda
Gentlemen:
At its February 2, 1981 meeting, the Planning Board discussed the
application of Angelo Freda, who is requesting a variance to allow
the construction of a chimney, which will be too close to the side
lot line.
The Board voted unanimously to recommmend favorable action on this
request.
Sincerely,
PLANNING BOARD
William Chepulis, Chairman
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January 22, 1981
Mr. Angelo Freda
104 pleasant St
No. Andover, ILiss. 01845
Bear Mr. Uredit
OPlease submit 83.60 to the Town of North Andover to cover the cost of
postage for mailing the legal notices for your application to the
Board of Appeals*
You may send it to my attention at the Board of Appeals, Tota Office
Building, 120 Main Street, North Andover# Thank you.
Sincerely,
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Jean. E. VMite, Secretary
Board. of Appeals
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ANROVER BOARD OF APPEALS.
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August 13, 1982
Mr. Anaelo Freda
Foxhi 11 poar
North Ando ver, inass .
Dear fir. Frena;
As you know, a variance was granted some tome acro by the
Board of Appeals for your property on Foxhi l l Woad.
To date,. this plan has not been picked up. for recording
U at the North Essex Regi atry of Deeds.
U Please 4 rvanne to have this 'plan recorded as snon as possible,
It may be picked tip at the Board of Appeals office located on
the second floor of the Town Hall.
Sincerely,
board of Appeals
Jean E. White,
Secretary