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Home My WebLink AboutMiscellaneous - Lot 31 Penni Lane (2)1 1, C LEGAL NOTICE'- ' ` TOWN OF' NORTH ANDOVER ,. MASSACHUSETTS BOARD OF APPEALS NOTICE J%;ly 24, 1989 Notice-1s. hereby given that the Board of Appeals". will give at hearing at the Town Building, North An- dover, on Tuesday eve- ning the 8th day of August 1989, at 7:30 o'clock, to all parties interested in the ap- peal of Charles and Jane Nelson requesting a varia- , tion of Sec. 7, Para. 7.2 (1.b) and Table 2 of the Zoning By Law so as to per- mit relief from frontage re- quirements in order to con- struct a single -family dwelling on the premises, located at Lot 31, Penni,;;.. Lane. By Order of the Board of Appeals Frank Serio, Jr. E-T — July 25, 26, 1989 Ar Rim 1865 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS V nTiot',F. .....July . 24 ...... 1989. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . Tuesday . .. ev.ening....... the .8th. day of . August.... 19. 8.9 , at7 : 30D'clock, to all parties interested in the appeal of Charles . &. Jane Nelson ..... . . •. requesting a variation of Sec. 7.,.Para. . 7...2.(.l.bof the Zoning & Table 2 By Law so as to permit ......................... I ......... .. relief . from. •f.rontage..r.equirements •in• order •to construct a singe -family dwelling • on the premises, located at ... Lot 31, . Penni Lane........ . By Order of the d of Appeals TOWN of Frank SNORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Publish in the Lawrence Tribune on July 25 & July 26, 1989 NOTICE July 24, 1989 Notice is hereby given . that the Board of Appeals r will give a hearing at the Town Building, North An - clover, on Tuesday eve- ning the 8th day of August 1989, at 7:30 o'clock, to all parties interested in the ap- peal of Charles and Jane Nelson requesting a varia- tion of Sec. 7, Para. 7.2 ' (1.b) and Table 2 of the Zoning By Law so as to per- mit relief from frontage re- quirements in order to con- - struct a single-family dwelling on the premises, located at Lot 31, Penni j Lane. ByOrder of the Board of Appeal's Frank Serio, Jr. E -T — July 25, 26, 1989 ;;LEGAL NOTICET TOWN OF NORTH ANDOVER; MASSACHUSETTS" BOARD OF APPEALS ? , NOTICE . ) July 24,1989 '' - •1' Notice `is hereby given � j . that the Board of Appeals I will give a hearing at the Town Building, North An clover, on Tuesday eve- ning the 8th day of August 1989, at 7:30 o'clock, to all parties interested in the ap- peal of Charles and Jane Nelson requesting a varia- tion of Sec. 7, Para. 7.2 ' (1.b) and Table 2 of the Zoning By Law so as to per-' mit relief from frontage re -1 :• ! .' ' j quirements in order to con- struct a single-family {` dwelling on the premises, located at Lot 31, ,Penni,, ;. 1 Lane. By Order of the Board of Appeal's Frank Serio, Jr. E -T —July 25, 26, 1989 LEGAL NOTICE,:. Ar Rim 1865 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS V nTiot',F. .....July . 24 ...... 1989. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on . Tuesday . .. ev.ening....... the .8th. day of . August.... 19. 8.9 , at7 : 30D'clock, to all parties interested in the appeal of Charles . &. Jane Nelson ..... . . •. requesting a variation of Sec. 7.,.Para. . 7...2.(.l.bof the Zoning & Table 2 By Law so as to permit ......................... I ......... .. relief . from. •f.rontage..r.equirements •in• order •to construct a singe -family dwelling • on the premises, located at ... Lot 31, . Penni Lane........ . By Order of the d of Appeals TOWN of Frank SNORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Publish in the Lawrence Tribune on July 25 & July 26, 1989 NOTICE July 24, 1989 Notice is hereby given . that the Board of Appeals r will give a hearing at the Town Building, North An - clover, on Tuesday eve- ning the 8th day of August 1989, at 7:30 o'clock, to all parties interested in the ap- peal of Charles and Jane Nelson requesting a varia- tion of Sec. 7, Para. 7.2 ' (1.b) and Table 2 of the Zoning By Law so as to per- mit relief from frontage re- quirements in order to con- - struct a single-family dwelling on the premises, located at Lot 31, Penni j Lane. ByOrder of the Board of Appeal's Frank Serio, Jr. E -T — July 25, 26, 1989 Any appeal Shall be filed within (20) days after the date of filing of tris Notice in the Office of, the. Town Clerk. ************************** * * Charles & Jane Nelson Lot 31, Penni Lane * North Andover, MA 01845 ************************** TOWN Or NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #73-89 DECISION IRE CF' tY F-") a DA411E1. IO*tl CF4C` qE9 NCR ' ' pUG, I A The Board of Appeals held a public hearing on August 8, 1989 upon the application of Charles & Jane Nelson requesting a variation from the requirements of Section 7, Paragraph 7.2(l.b) and Table 2 of the Zoning Bylaw so as to permit relief from frontage requirements in order to construct a single family dwelling on the premises located at Lot 31, Penni Lane. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the Lawrence Eagle Tribune on July 25, 1989 and July 26, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. The Board and Mr. Nelson agreed that he needs to get more information about the easement that he would like to use for the frontage of his site. Dated this 14th day of August, 1989. BOARD OF APPEALS -Ct-.. Frank Serio, Jr. Chairman /awt Any appeal shall be filed he within (20) days after date of fil;ng of this Notice in the Office. of the. Town. Clerk. --� Charles & Jane Nelson 31 Gray Street N. Andover, MA 01845 3 \• 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Date ... August 14, 1989 Petition No.... 73-89. • ........ • • . • Date of Hearing. August •8, ,1989.. . Petition of .Charles ,& Jane Nelson ........................................................ Premises affected ...... LQ t. 3.1. x . Pen..Lane ..... ......................................... Referring to the above petition for a variation from the requirements of W. $ect.ion. 7,, Paragraph 7.2 (1, W..and. Table .2. of. the . zoning .13y.law............................................. so as to permit . relief. from .frontage .requirements. in .order. to..cQnstruc.t. .a ......... single family dwelling .........................:.............................................................. After a public hearing given on the above date, the Board of Appeals voted to ..ALLOW. THE tib PETITION TO WITHDRAW WITHOUT PREJUDICE .... ............................... C�� 'XJ4� ) . (2�_ Signed Frank Serio, Jr., Chairman William Sullivan ........................................... , , ...... Augustine, Nickerson,.• Clerk, .. . ........ Raymond.Viyenzio............... Anna .0 . Goi�nor ................. ................................. Board of Appeals . F `R /11P , eceived by Town Clerk: ,r) TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS LL1.- EL C=r > APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE CD �t cDl ;, APp�icant�(Jj'P� AiV►L'_- /`BISdVL_Address t�I�QG/ J� Nd./l-' MIA4r A -�- " �aCr-'1. application is hereby made: For a variace from the requirements of Sec tion/• Paragraph( and Table of the Zoning By Laws. 111" For a Special Permit under Section the Zoning --Paragraph _—of By Laws. p-)' As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) P�jemi e. affected are land V" and building(s)_-numbered 7. Street b) Premises affected are property with fror�tage Qn the North ( ) South ( ) East ( ) West ( ) side of_1ci�t�.r, �'...f... Street, and known as No.�� _?�—( �'___ 1` "/tip_—___ Street. c) Pxemises affected are in Zoning District&-"rhr, and the premises affected have an area of ,1 GrC'rrsquare feet and frontage of _—f ee t . -- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Date of Purchase Previous Owner — b -f* If applicant is not owner, check his/her interest in tttie premises: 44 n Prospective Purchaser Lesee Size of proposed building:• front; — Height stories; --_feet. a) Approximate date of erection: --_ b) Occupancy or use of each floor: c.) Type of construction: Size of existing building:-- __ feet front;_ Height --stories; a) Approximate date of erection: b) Occupancy or use of each floor:___--_ c) Type of construction: ---_- Has here been a previous appeal, under zoning — If so, Other (explain) feet deep; . 1 i" r''' +. Received by Town Clerk: h 1� �h k 1:. •`r Xy�j TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS TEL. C: %=!74(Zi APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 18 .> S E¢ Aplrl-icant ��Pa=•_'�__�l`BISQ�_Address �� St �1. application is hereby made: ''of ? For a varia ce from the requirements Section l• Paragraph( �1 , and Table of the Zoning By Laws. A:rY— For a Special Permit under Section--Paragraph--of the Zoning By Laws. As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) P)jemi e. affected are land ✓ and buildings) -- numbered ft _ y `_J A Street. % 54�t'3 ally$ F?t�n TtT�'7 13 �f b) Premises affected are property with fror�tage Qn the North ( ) South ( ) East ( ) west( ) side of _-1 V". 11, (1•�'..(l.. Street, and known as No.��Street. c) Pxemises affected are in Zoning DistrictK-`A and the premises affected have an area of,'y(A['rYsquare feee-t and frontage of feet. --- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Date of Purchase Previous Owner If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4.r Size of proposed building:' _ front; feet deep; ,':''' " ,Height stories; _--feet. l_ a) Approximate date of erection: ---__ b) Occupancy or use of each floor: —_--__--_ c.) Type of construction: 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,,�� ere been a previous appeal, under zoning, on these premises? �= If so, when?__—__ HIS'T0iY A My wife Jane and I have been the owners of record of Lot #31, now on Penni Lane, since 1966. At the public hearing before the Planning Board held in the mid -seventies to consider approval of the Penni Lane subdivision, I and others inquired about the possibility of further development beyond the Penni Lane cul-de-sac. We were given to believe that the fifty -foot easement provided on the plan guarranteed that no obstacle to further development existed. It was clear to all present that the only lot which required an easement to provide access to the future public way created by the plan was lot 31. Not until December 19879 some twenty years later, did I attempt to market Lot 31. At that time I learned that the recorded easement did not in fact relate to my lot in the way that I had been given to understand. Since then I have been following Planning Board and Planning Board staff advice with repeated assurances that what I took to be technical difficulties would ultimately be resolved and that lot 31 would be declared a buildable lot. Twenty months have passed without resolution of the problem, and I am now turning to the Appeals Board for relief. GROUNDS 1. The shape of the lot: The contours of the lot, a given at the time the plan was pro- posed, (lot 31 was not created by the subdivision) remain as they were. The cul-de-sac as drawn in'relation to lot 10 creates a land- locked condition affording no access to Penni Lane, a public way. As such it is unusable. I am seeking a variance of the zoning bylaw with respect only to the frontage requirement. Lot 31 is a 3.3 acre parcel, roughly triple the size of Penni Lane lots. The easement in question, which has been conveyed to the Town of North Andover, provides fifty feet of linear access. Accordingly, lot 31, with more than three acres, qualifies as a frontage exception lot for a single-family dwelling. A driveway, and not a road, would be constructed over the area of the easement. On advice from Planning Board staff I have had tests done for deep water, perculation (both passed) and I have had the wetlands marked. Again the lot qualifies with respect to the re- quired proportion of dry land to wetland on a contiguous parcel. 2. Financial considerations: Pursuant to assurances over these twenty months that the problem would be resolved, I proceeded not only with the tests and wetland flagging, but I purchased in May of 1988 another residential property which I intend to become my primary residence in my retirement years. I am relying on the proceeds from a prospective sale of lot 31 to off- set costs connected with this purchase. If no relief is forthcoming I will have to give up these retirement plans and sell this property, forfeiting financing costs incurred to date plus any loss on the sell- ing price in this difficult market. r Y ' Description of relief sought on this petition �� •`i Deed recorded in the Registry of Deeds .in.Book Page .. Land.Court Certificate No. Book Page j: --- sr , he principal points upon which I base,my application are as follows: must be stated in detail) ing fee, advertising in newspaper, and incidental 1: agree to pay the filil //►►�� Signature of Pet�tiTr F19 ;very application fc�r action by the Board shall be made on a form approved y.- Board. The9e forms shall be furnishes) by the Clerk upon request. ;. ny communication purporting to be an application shall be treated as mere the otice of intention to seek relief until such time -as it is .made on fficiaL application form. All information. called for by the form shall :.'•1 e furnished by the applicant in the manner 4}rereinr:prescribed. very -application shall be submitted with a list of'•"Parties In Interest"• hich list shall -include .the petitioner, abutters, owners of land directly pposite on any public or private street or way, and abutters to tile line of theme butters;within'three hundred feet (300'.) of the property ' applicable tax list, otitioner as they a Dear, b n the most recent another city that the land of any such owner is locate d in. . otwithstanding r town, the Planning Board of the city or town,, and the Planning Board of ver butting city or town. i. an a plication charge cost in with p . �,bvei shall be submittedP be ;� ' _application .,�nc4ie hunt' of $25.00. In addition, the petitioner shall responsible :.•: involved in bringing the petition before the Board.;:;,.: 'r-� C'mr a • and all costs include mailing and publication, but are not necessaril >,„�U:ch.�sts shall y :emit -ed to these. c_+ - :- W;, -Very application shall be submitted with a lan of land approved by the P has ;. �aIn �rdC� No petition will be brought before the Board unless said plan requirements regarding plans are Mn s„p.rlbmitted. Copies of the Board's from the Board of Appeals upon request.' t ttaclu--�'hereto or are available LIST OF PARTIES IN INTERES'P r Address Name • - ) (use additional sheets if' -necessary) of LIST OF PARTIES OF INTEREST MAP PAW FT. $ M7%MV TMIT iI I�I� /V7 5�_ .t{ Ila 0 07P 64AC-zles, 7 T J utV , O �'G tip O F i y �, s�cHustt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: M Date:— Enclosed ate Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $,,S'V for the following: Filing Fee Postage - 'v 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 Audrey 7. Taylo Clerk