HomeMy WebLinkAboutMiscellaneous - 12 ELMWOOD STREET 4/30/2018 (3) f' BOARD OF APP.-,LS
APMOATION FILING DATE
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Ugal Wotice
TOWN Of
NORTH ANDOVER
BOARD OF APPEALS '.
NOTICE
9SSACHUs�t
January,10,1983
Notice is-hereby given that the
Board of Appeals will give a
hearing at the Town Building.
North Andover, on Monday
evening the_ 14th. day of
February,1983,at 7:30 o'clock,
to all parties interested in the ap-
peal of E.P.R. REALTY TRUST
requesting a variation of 6m.7.
Par.7.1,7:2,1.3 and.Table 2 of
the Zoning By Law so as to per-
mit the separation of a residential:
zone from'a business zone in
order to construct a single family
dwelling on a lot having less
than the required area,frontage
and setbacks on the premism.
located at the West Side of
Elmwood St. and known as Lot
;,12 Elmwood St.._
By Order of the Board of Ap-
peals. .
'Frank=Serio:Jr_
Chairman
Publish N.A. Citizen: Jan. 13
and 20,1983. . G14-441
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F AvaiL7TV '.�J-
1 55 1855
Ay*`sACHU 44"�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Ja-nuary. .10 . . . . .19.02
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover,on. . .M o n da y . .
eveni.nq. . the 1.4tsj day of . . . .,F .br.uarY . . . . . . .
19-23., at.7.:.39clock, to all parties interested in the appeal of
requesting a variation of See.. .7., . ?.a r 7..1 , .04k 9 gc
Y,)L.4w)s9tm*�m4x .7 , 2.,. . .7.:3 .a;'id. .Ta.ble. . .o.f. the
I-
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on,. g.g. .By. .L.am . s.o . a.s. . t.o. . PPrri.t . t.he. .seP.a ra.ti on
of a residontial zone from a Business zone in
or.der. .to. .con.struct. .a. .sin.gle. .family. .dw.ell.i.ng on
a. .1.ot. .ha.v.ing. . I -e.ss. .t'.ia.n . t.he. .re0ui. re.d . ar.ea,, . fron_
torihea remises"locaedsat. +h o. . 1
p L, ? 'fest Si-de. of ,m-wood St .
and known as .Lot 1.2 . L.lmw-ood. .'St... . . . . . . . . . . . . . .
By Order of the Board of Appeals
By : Crank Serio , Jr . , Cthairman
Citizen . Jan . 13 and .20 , 1983
'�.vn� bill to : I . P .P . Fealty Trust
105 lass . Ave .
!Io . Andover , Mass . 01845
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_ NORTH ANDOVER.BUILDING DEPARTMENT
L n eb
'Y a?p enewc�m�tw ya` '�
1600 Osgood Street
North Amdover
Tel: 978-688-9545
Fax: 978688-9542
BUSINESS FFa"Fm.R TOWN�LB�
DATE: ox _5
NAME: 5
},u
r
.ADDRESS.- �'� ,moo® ���ee� P ndo ex A i84E
ZONM IDIBTR€OT: —
R
TYPE OF BUSINESS: C k"DYA o
BUILDINGLAYOUT PROVIDED YES INTO
ZONINGBYLAW USAGE: YES NO
DING INSPECTOR SIGNATURE
BUSWS S FORM FOR.TOWN CLERK
2.40 Home Occupation(1989132) '.
.An accessory use conducted within a dwelling by a resident who:resides in the dwelling as his principal
address, which is clearly secondary to the use-of the building for luring purposes. Home occupations shall
'include,"but not'limited to the following uses; personal services such as fumished by an artist or instructor,
but not occupation involved vn h motor vehicle repairs, beauty parlors, animal kennels, or the conduct of
retail business,or the manufacturing agoods,which impacts the residential nature of the neighborhood;'
d. For use of a dwelling in any residential district or multi-family district for a home occupation,the
following conditions shalt apply:
a. Not more than a total of three (3) people may be e#loyed�in the Ioe occupation, one of
whom shall be the owner of fhe home ocoupation and residing in said dwelling;
b. The use is carried on strictly within.the principal building;
c. Thete shall be no exterior alterations, accessory buildings, or display which are not custcmW
with residential buildings; -
d. Not more than twent five (25) percent of the existing gross floor area of the dwelling unit.
so used, not to exceed one thousand (1000) square feet, is devoted to'such use. In
connectionwith
such use,there is to be kept no stock in trade, commodities or products which occupy space
beyond these limits;
e. There will be no display of goods or wares visible from the street;
f. The building or premises occupied shall not be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior appearance, emission of odor,
gas, smoke, dust, noise, disturbance, or in any other way become objectionable or
detrimental to any residential use within the neighborhood;
g. Any such building shall include no features of design-jdot customary in buildings for residential
Use.
�igna`�ure •ate
Any appeal shall. be filed
►� °sT. within (20) days after the
G ;ar :3r'�oa►�,, °a� date of filing of this Notice
. o ►
<_t�IG A�ILTM :�; in the Office of the Town ,
NOV,-:. . d�R ;` � .• Clerk.
s`SACHVS
FEB 1110 AM T1003" OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . .February ;18 , 19 8 3
Petition No.. . . : . 8.- .3. . . . . . . . . .
Date of Hearing. . February 14 , 19 83
Petition of . . . .E..P.R... Realty, Trust,
Premises affected . . . Lot. .12. .- . E.lmWood. .Stree.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Referring to the above petition for a variation from the requirements of the . .Zoning .BY. .Law
Section 7 , Par. .7..1, .7. 2., . 7...3. .and .Table 2
. . . . . . . . .
so as to permit . reli.ef. .from. the. .are.a, . .fronta.ge.,. .an,d. setback, .rp.quirements
to construct. .a single. .family _ fwe;l.ling
. a . . . . . . , .
After a-public hearing given on the above date, the Board of Appeals voted to . . .GRANT. _ . the
va ri an.ce and hereby authorize the Building Inspector to issue a
permit to . . E...P„2—Realty. .Tr.ust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, bmE(cku wing)condibiongx
Signed
Frank. .Serio.,_ Jr.._ Chairman
Alfred. JE.. .Frize.11e.,. . E.sq.., .Vice. Chairman
Richard. J... . T.rep.anier.;. .Esq. .,. .Clerk
Augustine. .W.. .Ni.cke.rson . . . . . . . . . .
Walter .F.. .Soule. . . . . . . . . . . . . . . . . . . .
Board of Appeals
Any appeal shall be filed
i _ °t 40RTlv" within (20) days after the
D RE"'' 3: �'" ° date of filing of this Notice
ii-, { rl 6l f� ° 1.
fiy��r,, �r.i�y in the Office of the Town
f �R �
r • o -'• Clerk.
FEB 10 AM `83 SSACH�st
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 18 , 1983
Petition No. 8-183
E .P.R, Realty Trust
Lot 12 Elmwood Street
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass . 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on Monday evening, Feb-
ruary 14 , 1983 upon the application of E .P.R. Realty Trust. The
hearing was advertised in the North Andover Citizen on January 13
and 20 , 1983 and all abutters were notified by regular mail. The
following members were present and voting: Frank Serio, Jr . , Chair-
man';
hair-man ; Alfred E. Frizelle, Esq. , Vice Chairman] Richard J. Trepanier,
Esq. , Clerk; Augustine W. Nickerson; and Walter F . Soule..
The petitioner seeks a variance from the provisions of Section 7 ,
Paragraphs 7. 1, 7.2 , 7. 3, and Table 2 of the Zoning By Law to allow
the construction of a single family dwelling on a lot having less
than the required area, frontage, and setbacks on the premises lo-
cated on the West side of Elmwood Street and known as Lot 12 , Elm-
wood Street.
The petitioner testified, through counsel, that the residential portion
of the petitioner' s land. located on Elmwood Street was purchased at
the same time as adjoining General Business land. located on Massa-
chusetts Avenue on which is located the petitioner' s place of business .
The lot in question is described by deed as being separate from the
remaining land.
The petitioner further testified that several other parcels in the
neighborhood are undersized.
E .P. R. Realty Trust r'' L
Petition No. 8- ' 83 FdOj` 'f ER
February 18, 1983 FEB
Page 2 Ib AN F83
Upon a motion made b Mr. Frizelle and seconded b Mr. Soule the
P Y Y
Board voted unanimously to grant the variance as requested:'
The Board. finds that each of the provisions of Section 10 . 4 of
the Zoning By Law have been satisfied. In particular, the Board
finds that a literal enforcement of the By Law would involve a
hardship to the petitioner. In addition, the Board finds that
the granting of said variance will in no way derogate from the
intent and purpose of the Zoning By Law, due to the fact that
the majority of the neighborhood is comprised if similarly sized
lots .
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr. ,
Chairman
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(Plan to follow) ,
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P*R*ece�,ved by Town Ci'erk : o.t �.„, .._..•{oo
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Date : r.. R � `AF `&IV OF WORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
OVER
Time :
tORT ; 1S,�H�SE
Notice : This application must be typewritten
APPLICATION F�NATP FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant E.P.R. Realty Trust Address 1.05 Mass. Ave, No. Andover,Ma
1 . Application is hereby made
( a ) For a variance from the requirements of Section 7 Paragraph7.1, 2, 3
and Table 2 of the Zoning By-Laws .
(b) For a Special Permit under Section Paragraph 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 Premise fectedre land X and building( s ) numbered
Lot 'Elmwood Str et Street .
( b ) c ed are property with frontage on the North ( )
South ( ) East ( ) West ( 4 side of Elmwood St.
Street , and known as No . Lot 12 Street .
( c) Premises affected are in Zoning District R4 and the premises
affected have an area of 5,000 square feet and frontage of
50 square feet .
3. Ownership
( a ) Name and address of owner ( if joint ownership , give all names ) :
E.P.R. Realty Trust
Date of purchase 1979 Previous Owner. Webber Lumber
(b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other (explain )
4. Size of proposed building : 26 front ; 50 feet deep ;
Height : 2 stori es 28 feet.
( a ) Approximate date of erection : A•S.A.P.
( b ) Occupancy or use of each floor : Residence
( c ) Type of construction : Wood Frame
5 . Size of existing building : feet front ; feet deep ;
Height : stories ; feet .
(a ) Approximate date of erection :
( b ) Occupancy or use of each floor :
(c) Type of construction :
6 . Has there been a previous appeal , under zoning , on these premises ? Yes
If so , when? July 1982
7 . Description of relief sought on this petition Tb separate the residential
portion from the business portion in order to construct a single family
dwelling which is the use for which the land was originally intended,& zoned.
8. Deed recorded in the Registry of Deeds in Book 1402 page 140 or
Land',Co.urt Certificate No. Book Page
1
4/
The principal points upon which I base m application Y pp cation are as follows .
( Must be stated in detail )
The lot in question cannot be used without this variance. A residence on
this lot would allow me to become a resident of the town in which I own a
business.- I I t would allow me to live in close proximity to my business in
r
order to more closely watch over it. It would increase the taxbbase of the
town ,apd, I feel, is a far better use of the land than leaving an empty lot.
Since some single homes on this street are on similar sized lots I believe
that the granting of this variance is in the best interests of everyone.
I agree to pay for advertising in newspaper and incidental expenses*
Petitioner ' s Signature
Sec . 1 APPLICATION FORM DOWNICJ. SNLISE
I ATTORNEY AT LAW
Every application for action by the Board shal'ko�
at IN
1N R -
approved by the Board . -These -forms shall be furn s (C�� cferk
upon request . Any communication purporting to be an application
4clation
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called 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
of 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 c'ity 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 respon -
sible 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 .
LIST OF PARTIES IN INTEREST
Name Address
,.- Warren O' Brien 115 Mass. Ave.
Anthony Ursillo 119 Mass. Ave.
:. Roland Cook 125 Mass. Ave.
Mary T. Barron 127 Mass.- Ave.
Santo Giamo 28 Elmwood St.
Santo Fingochiaro 20 Elmwood St.
J Enrique Martinez 12 Elmwood St.
Frank Silva 29 Elmwood St.
ri Angelina DiFalco 23 Elmwood St.
ri Kenneth Chenard 13 Elmwood St.
( Use additional sheets if necessary)
�'e!�ruary 25 , 19u3
Hr . lane Rosinski
E . P . Q . Realty Trust
105 Mass . ^,venua
North Andover , ;"ass . 01845
Dear 'fir. :cosi nski
This is to inform you that your reggest ;or a variance for land
on Elmwood Ttreet was ;ranted by the Board of Appeals .
DA 'formal ;notice of Decision will he foraarder to you in the hear
i'utur3 .
?lease Fid advised that the 3oard ' s decision as well as the plan
of 1 anti endorsed by the Toard must be recorder' at t"e North Essex
Registry of 'deeds .
Sincerely ,
BOARD Or APPEALS
dean E . White ,
Secretary
3w
NORTH ANDOVER BUILDING DEPARTMENT NORTH
12.0 MAIN STREETOG
NORTH ANDOVER, MA 01843 � a
�,SSACMU
INSPECTOR OF BUILDINGS TEL. 888-8102
ELECTRICAL INSPECTOR
GAS INSPECTOR
February lt,., 19$3
Board of Appeals
Town Office Building
North Andoverg Ma.
Re: Petition of E.P.R. Realty Trust
Gentlemen:
Mr. Rosinski of E.P.R. Realty Trust was refused a
building permit because his dwelling would be located on a
parcel of land that does not meet the area and frontage re—
quirements of the Zoning By-Law.
Very truly yours,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS
CHF:af
S
January 13 , 1983
�d
Attorney noi"enic Scalise
89 Main Street
North Andover , ';ass . 01$45
Dear glom :
Enclosed is the legal notice for the F . P .I . Roalty Trust petition
to the Board of Appeals .
DThe amount of postage duo is x' . 20 . Pis you know , the chekc should
be made payable to the Town of North Andover and ray be sent to
my attention at the Town Hall .
If you have any questions , please don ' t hesitate to contact me .
Sincerely ,
n0!1^t? OF APPUL
M JeAn E . lehite
i
Secretary
Jw
`i Enc.
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