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HomeMy WebLinkAboutZoning Variance for 11-13 Third Street - Decision - 11-13 THIRD STREET 10/19/1987 i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE October 19 19 87 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on-Tuesday .. . evening . . . . . the .10 day of .. November 19. 87, at7i 3o'clock, to all parties interested in the appeal of Anthony, &_ Ann Conre Special permit. ... . . .. . . . . . . . . .. . requesting a Y=Wiffffof Sec.. .4, .Parag... 4.122of the Zoning By Law so as to per -. . ._. . .. (14) conversion of.2-family.dwelling.to.4-family. . . dwelling. . ... . . . ... .. . . . . . . . . ... .. .. ... ....... ... .. .. . . . . . . . . . . . ... ... . ... 1..... . .. .. . .. . on the premises,located at— -11-13. .Third.Street . . .. . . . . By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the N.A. Citizen on October 22 & October 29, 1987 Legal Notice ,uM assOF 140 IINDOVER nlcHtisFTrs BOARD OF APPEALS NOTICE pt hOFTIr 1h ep 1 Oc1ober19 1987 given that,-� Notice is hereby the Board of gfjpWS will give a heartn9 at the Town s e? 4 Building, North Andoveir,'on Tuesday evening the 10 day of Sa� s� November.at 7:30 o'clock,to`. _ all parties rnterestej in the ap-i. Lego![�©Lice peal of Anthony&Ann Conte requesting a °of permiE of Sec.4,Pdrag.4.122(14)of the Zonma�'`�iwso as,to rTOWH OF NORTH AHOOVE'1 Perms oomersion of 2-family dwelling to 44amily;owelhng MASSACHUSETTS on the premises located at 11-13 Third Sireet. BOARD OF APPEALS t By Ortler of the Board of Appeals r;�, 1 -,c.; .�1 NDACE R n '. Frank Serio .,,fin; z Publish in North Andover Citizen October 22 xortrN T.ra 1987, .`,'^+`'•�o October 19,1987 r Notice,is hereby given that * the,Bozud of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 10 day Of cHos� November,at 7:30 o'clock,to fat of Aritfwny&Anil Cdnteall parties interested in the ap- Sec-1,Parag.-4,,122 requesting a Spec�l perrA Of (14)of the Zoning By Law so as to Permit Conversion of 2-family dwelling to 4-family dwelling .on the premises located at 11-13 Third sirnet. -'By Order of thf Board of Appeals Pubfisti Gh airman in.Norlh Andover Citizen October 222 andrOcrber 29,. 1987� - 40729-0 t,- Legal Notice TOWN OF NORTH ANDOVER - "' I MASSACHUSETTS BOARD OF APPEALS :NOTICE -z . 'October 19,1987 Noticed$hereby given that F a the.Board of Appeals will dive a hearing at the Town i -:;Building, North Andover, on Tuesday evening the 10 day of SSwcHus November,at 7:30 o'clock,to all parties interested in the ap- peal of Anthony&Ann Conte requesting a Speclal permit of Sec-4,Parag.4.122(14)of the Toning,By law so as to permit conversion of 2-family dwelling to 4-family dwelling on the pnemis'S located at 11-13 Third Street. !By Order of the Board of Appeals Frank$erle,Jr.,Chairman Publish in North Andover Citizen October 22 and October 29, 1987� 40729.0 �ORTM Any ap7n! s!l.a!] 'Fed tho -daL­_ Cf ff':-z ci :*'':;3 Notice in the Oflice of the Town ZACALJ Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Anthony & A Conte Petition #102-88 11-13 Third St. DECISION N. Andover, MA 01845 The Board of Appeal held a public hearing on December 8, 1987, continued from November 10, 1987 requesting a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning ByLaw so as to permit conversion of a 2-family dwelling to a 4-family dwelling on the premises located at 11-13 Third St. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on October 22 and October 29, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Frizelle, the Board voted to GRANT the Special Permit as requested in accordance with the plans submitted 12/8/87 showing three (3) rental units, and subject to the condition that the parking is completed with all the shrubbery planted. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Dated this 16th day of December, 1987. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt µ NORify 1` r 3;�p011Tdl�t6.Q AmILM S ihe TOWN OF NORTH ANDOVER Notice MASSACHUSETTS C.at� c in the Office of the Town Cleric. BOARD OF APPEALS NOTICE OF DECISION Anthony & Ann Conte Date .. ...Decemhar.16,.19.87..... 11-13 Third Street N. Andover, MA 01845 Petition No.....1,02-88........... Date of Hearing.. December. .9,.1987 continued from November 10, 1987 Petition of .. .... ...Anthony-&-Ann Conte..... .. ... . .... ........... .... .................. Premises affected .........11-13 Third-Street..:.................................. ...... Referring to the above petition for a�k�Mfrom the requirements of the Section.4........ rah 4.122(14) of the Zon ngci 1 Permit Parag raph p i �yLaws so as to permit conversion of 2-family ..: .... . .... ................ .... .. .. .... .... ... . . .. .. . ......... .... ................... ... dwe tin tQ a 4-family dwelling on the premises located at 11-13 Third St. . ...'. ........ . ... .... .... .... .... ........ ... .. .. . ... ...... ......................... ... After a public hearing given on the above date,the Board of Appeals voted to ..r ANT the Special.Permit__ ___ __ __ _ I _ __ _ _ __ and hereby authorize the Building Inspector to issue a permit to . ,Anthony_&.Ann.Conte_.. .. for the construction of the above work, based upon the following conditions: In accordance with the plan submitted 12/8/87 showing three (3) rental units, and subject to the condition that the parking is completed with all the shrubbery planted. Signed 7. Frank.Sexio,•Jr-Chairman.. .. . • •Alfred Frizelle,• Vice-ehairman- . . .... ..Walter-Soule. .:.. ....... . ....... .••.. .Anna-W Connor•.• •••.• .• •• • .. •Louis-Rissin•.. ... .. ..... . .. Board of Appeals of OoTH qh 3'9SSACM0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 19, 1988 TO: Bruce H. Clark, Ass't Building Inspector FROM: Zoning Board of Appeals JA e RE: 'Anthony Conte, 11-13 Third St. James Mavorkos, 88-90 Pleasant St. In reply to the question of issuance of a building permit for Anthony Conte, the Board determined that the permit be issued as stated in the original decision. With regard to James Mavorkos, the Board determined that there is no pole shown on the plans presented to them and if a utility pole exists on the entrance to the main parking lot,then the plans have to be re- vised or the pole removed. The petitioner is responsible for revising the plans and presenting them to the Board of Appeals for review and their decision. OFFICES OF: Town of 120 Main Street North�\ndover, APPEALS NORTH ANDOVER BUILDING Massachusetts 0 1845 CONSERVATION DIVISION OF 1 7)685 4775 HEAI-TH PLANNINCi PLANNING &COMMUNITY DEVELOPMENT KAREN H.P.NEI-SON,1-)IREC'l OR TO: BOARD OF APPEALS FROM: BRUCE H. CLARK, ASS'T BUILDING INSPECTOJ�-'/Az DATE: JANUARY 11, 1988 RE: ANTHONY CONTE, 11-13 THIRD STREET In granting the Special Permit for 3 rental units, was it intended that the parking area and shrubbery planting be completed prior to the issuance of a Building Permit as required on previous Special Permits? BHC:gb OFFICES OF; Town of 120 Main Street APPEALS NORTH ANDOVER North Andover, BUILDING Massachusetts 0 1845 CONSERVATION DIVISION OF (617)685-4775 HEALTH PLANNING PI,ANNING &COMMUNITY DEVELOPMENT KAREN I I.P.NELSON,DIRECTOR MEMORANDUM TO: BOARD OF APPEALS FROM: SCOTT A. STOCKING, PLANNER RE: SPECIAL PERMIT; CONVERTING A 2 UNIT STRUCTURE TO 4 UNITS. SECTION 4.122(14) 11- 13 THIRD STREET DATE: NOVEMBER 6, 1987 Should the Board see fit to grant this Special Permit, Staff suggests that the rear parking area be redesigned to meet the following criteria: 1) Zoning Bylaw calls for parking spaces to be a minimum size: 91 x 18' . 2) Existing design allows for a 13' wide backout area for spaces 2-6. This space is not sufficent to provide needed backout room for cars. 3) As designed a large car parked in space # 1 will allow a 10' wide passing space to access the rear parking spaces. A 10' wide space is not sufficent. 4) Would request that a minimum 5' buffer area be provided between the rear and side yards and the parking area. The buffer area should be landscaped and provide a 6® high solid fence to screen the cars from adjacent homes. 5) Request the applicant to supply the location of the trash dumpster for the four units on this property. sas52 WE HAVE REVIEWED AND DISCUSSED THE PROPOSED MODIFICATION OF 11-13 THIRD STREET FROM A TWO FAMILY DUPLEX TO A FOUR UNIT DWELLING. WE FIND SAID MODIFICATIONS TO BE ACCEPTABLE TO THE EXISTING NEIGHBORHOOD AND IN KEEPING WITH EXISTING CONDITONS. WiE SUPPORT THE PROPOSED CHANGE AS PRESENTED TO THE BOARD OF APPEALS BY ANTHONY AND ANN CONTE 23 THIRD STREET NORTH ANDOVER, MIASSACHUSETTS. NAME ADDRESS.. NORTH f si _i r __ r :ACMUS`� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Anthony & Ann Conte `� Date: ��C ti."• do, ( V-7 q Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. C4 Kindly submit $ SOY for the following: ' P Filing Fee $ Postage $ �• 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 to Audrey W. Taylor, Clerk i Y R;p ed by Town Clerk: G^,T ! i TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE c/o Michael Stella, Jr. , Esq. . Applicant Anthony and Ann Conte Address 160 Common Street 1. Application is hereby made: a) For a variance from the requirements `of Section Paragraph and Table of the -Zoning By Laws. 2 b) For a Special Permit under Section 4'12P3ragraph 14of the Zoning By 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 and building(s) numbered 11--13 Third Street Street. b) Premises affected are property with frontage on the North ( X) South ( ) East ( ) West ( ) side of Third Street Street, and known as No. 11-13 Third Street Street. c) Px emises affected are in Zoning District R4_, and the premises affected have an area of 8,170 square feet and frontage of 78 feet. --�- 3_ Ownership a)- Name and address of owner (if joint ownership, give all names): Anthony S. Conte and Ann-L. -Conte, 23 Third Street, North Andover ' Date of Purchase 10/2/87 Previous Owner John and Mary Marocco b) If applicant is not owner,. check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4a Size of proposed building:' __ front; feet deep; Height stories; �--feet. No Exterior Construction Proposed To Building a) Approximate date of erection: Immediate b) Occupancy or use of each floor: Residential c) Type of construction: Wood Frame= Interior Modifications To Building 5. Size of existing building: See-Planfeet front;_ feet deep; Height --stories; a) Approximate date of erection: 50T60 years old b) Occupancy or use of each floor: Residential - 2 family c) Type of construction: Wood-Frame--- 6. Has there been a previous appeal, under zoning, on these premises? NO If so, when? escription of relief sought on this petition �"' ntitionpars seek to �~ convert present 2 family to a 4 'family dwelling ..`, Deed recorded in the Registry of Deeds in Book '2601 Page 42 .'.. Land. Court Certificate No. Book 'Page The principal points upon which I base,my application are as follows: •; .(must be,stated in detail) There will be no exterior modifications to .the building. Parking is adequate. There are many multT_-Fami y we ings.,.in the area. F ropose use will not adversel;affect the neighborhood and site is an appropriate location for a 4 family dwelling. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* _ atu're of=�Pota ergs 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 manner fihereinrrprescribed. ". 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 $2.5.00. In addition, the petitioner shall be' responsible for any and all costs involved in bringing the petition before the Board. :;..` Sucl-u costs shall include mailing and publication, but are not necessarily;:'';:,: sr4� Limited to these. every application shall be submi.ttod with a plan of land approved by the �e;5 3oard; No petition will be brought before the Board unless said plan has Deen submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. :✓'i LIST OF PARTIES IN INTEREST Name Address A "� '. - fie t � (use additional sheets 'f necessary) :9 f u PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by five (5) copies of the following described plan: The size of the plan shall be .11 x 17, drawn to scale, 1 inch equals 40 feet; it shall have a north point, names of streets, zoning districts, names and addresses of owners of properties within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties. The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified in .the field and shown on the plan. The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances, exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineering plan_ When a variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted on the plan as such, and marked "approximate" . The plan shall be signed and bear the seal of a registered surveyor or engineer.' Any plans presented with the petition shall remain a part, of the records of the Board of Appeals. If living quarters are to be remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five (5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevations presented with the petition shall remain a part of the records of the Board of Appeals. For petitions requesting variation(s) from the provisions of Section 7, Paragrpahs 7. 1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s), structure(s), or building(s) were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to the dwelling(s) , structure(s) , or building(s) which will re- sult in the need for the issuance of a building permit. 3. The size of the plan shall be no smatter than 8 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s), structure(s), or building(s) being conveyed. 4. Proper space is provided on the plot plan for.the Board's signatures, as well as adequate space for the following information: date of filing, date of public hearing, and date of approval: __ _ ...........