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HomeMy WebLinkAboutZoning Variance - Decision - 45 THIRD STREET 6/17/1998 -,AORTF# 0 Tn IL RE B R.4 .. A w TOM4 CLERK' ORTH ANDOYER TOWN OF NORTH ANOOVER JUN 17 15 MASSACHUSETTs BOARD OF APPEALS Any appeal shall be filed within (201 da vs after the NOTICE OF DECISION date of filing of this Notice Property: Maple Ave, (corner of Maple Ave. and Third St.) in the Office of the Town Clerk. NAME: Kathleen Kirk atrick DATE. 6/10/98 ADDRESS: 45 Third St. North Andover, MA 01845 PETITION: 012-98 HEARING' 5119/98 & 6/9/98 The Board of Appeals held a regular meeting on Tuesday evening, June 9, 1998 upon the application of Kathleen Kirkpatrick, 45 Third St,, North Andover, MA, in the R-4 Zoning District, requesting a Variance from the requirements of Section 7, Paragraph 7.3 for relief of street frontage taken from Maple Ave,, and side setback to construct a deck and for a Special Permit for Section 9, paragraph 9.1 & 9.2 to allow construction of a deck on an existing dwelling. The following members were Present: William J. George Earley. .Sullivan, Robert Ford, Ellen McIntyre, John Pallone, The hearing was advertised in the Lawrence Tribune on 4/28/98 & 5/5/98 and all abutters were notified by regular mail. Upon a motion made by John Pallone, and seconded by Robert Ford, the Board of Appeals voted to GRANT a Variance requested from the req uirements of Section 7, Paragraph 7.2 & 7.3 for relief of street frontage of 6' taken from Maple Ave'., front setback of T, side setbacks of 6' & 5' as shown on plan dated 4/20/98 by Scoff Giles, R.P,L.S., and to GRANT a Special Permit to allow construction of a deck on an existing dwelling, and that any increase in volume, area, or extent of the non-conforming use shall not exceed an aggregate of more than 25% of the original use. Voting in favor. William J. Sullivan, Robert Ford, John Pallone, George Earley, Ellen McIntyre. The Petitioner has Satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. BOARD OF APPEALS William J. Sullivan, Chairman mi/decoct/4 � �aRrh #1 0 � M 95SA :HUS£t TOWN OF NORTH ANOOVFR MASSACHUSETTS BOARD OF APPEALS iJ Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover High School, 675 Chi.ckering Rd. North.Andover, MA., in the cafeteria on Tuesday the 19th of _May at 7:30 P.M. to all parties interested in the appeal of Kathleen Kirkpatrick, 45 Third St., North Andover, MA requesting a Variance from the requirements of Section 7, Paragraph 7.3, of Table 2, for relief of street frontage, and side setback to construct a deck and for a Special Permit of Section 9, Paragraph 9.1 & 9.2, to allow the construction of the deck on an existing dwelling. Said premises is land with frontage on the East side of Third Street, which is in the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 120 Main St., Monday through Thursday from the hours of 9:AM to 1:PM. By order of the Board of Appeals, Walter J. Soule, acting Chairman LEGAL N®TICE Published in the E.T. 4/28/98 & 5/5198. TOWN of NORTH ANDOVER MASSACHUSETTS.. BOARD Or APPEALS No11ce Is hereby given thatthe f3oard ofAppeafs will hold a public hearing at AealnoI2 the.North Andover'High School, Chlokeirl. ad, North Andover,cM,A., in:the cafeteria on;Tues- dav the t91 'of May:At: I P.M. to' all parties interested In;he appeal of !Cathleen Kirkpatrick,s46 Third St.,North Andover MA requesting a Verlance from the requirements.of Section 7, f aragraph 7:3 of Table 2, for relief::of i street frontage and sl,de seteAak to.constructs a deck'and for;a Speciat Permit of Seotion 9,Para. graph 8# &:9.20o allow the iconstructlon of the deck ory an. existing ' dwelling, Said premises is land with. E frontage on the gast side ji 1 of Third Street,whichas:in the .R-A Zoning District Plans are available for revieW. at„the oiflce.of:the Bullding Dept: 12f} Main St.,. Monday through Thursday from the hours:nf g:AM to t PM.: By.nrderof,tite Board:of Appeals,. Walter J,Soule, acting Chairman E T-Apr 28;:May5,1M X" IL ell SAC)mu TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Steven's Memorial Library, 345 Main St., North Andover, MA., on Tuesday the 9th of June at 7:30 P.M. to all parties interested in the appeal of Kathleen Kirkpatrick, 45 Third St., North Andover, MA requesting a Variance from the requirements of Section 7, Paragraph 7.3, of Table 2, for relief of street frontage, and side setback to construct a deck and for a Special Permit of Section 9, Paragraph 9.1 & 9.2, to allow the construction of the deck on an existing dwelling. Said premises is a comer lot with frontage on Maple Ave, which is in the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 120 Main St., Monday through Thursday from the hours of 9:AM to 1:PM. By order of the Board of Appeals, Walter J. Soule, acting Chairman Published in the E.T. 4/28/98 & 5/5/98. Adalno/2 JO OWN CALERKAW NORTH ANDOVER APR ZZ 11 31 AM 'S8 Received by Town Clerk : TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Kathleen Kirkpeurick Address 45 Third Street , No . And©ve3 Tel. No. £83- 7739 1 . Application is hereby made : a) For a variance from the requirements of Section 7 Paragraph 7. 3 and Table 2 of the Zoning Bylaws . b) For a special Permit under Sections Paragraph g�_ of the Zoning Bylaws . 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 __49 Third-_Street, ^,_ Andover,,..,,►E Street . b) Premises affected are property with frontage on the North ( ) South ( ) East 0(1 west ( } side of Third Strapt. Street . Street , and known as No. 49 Third Street . c) Premises affected are in Zoning District R4 and the premises affected have an area of 20,_365 square feet and frontage of 96 feet . 5 of 8 3 Ownership : dress of Owner (if point ownership, give all a) Name and ad names) : ji y eM, A A Kathlee Kirk Previous Owner F Majg_ j Kirkpatric Date of purchase -LALI—) b) 1 . if applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee other for Variance/Special Permit 2 . Letter of authorization required. 4 , feet deep ; front , size of proposed building : stories ; feet . Height a) Approximate date of erection: ASAP —rR-aid-PILIJ. b) Occupancy or use of each floor'- c) Type of construction : 5 . a previous appeal, under zoning, on these Has there been when? N premises . o If so, 6 for Description of relief sought on this petition in Book -I-4-3A age 3-LL2— Feed recorded in the Registry Of Deeds Book Page Land Court Certificate No . application are as which I base my aPP D The principal points upon s follows : (must be stated in detail) ement ---TJ:L P< oving t pool would �Tj he - M g in newspaper) and agree to pay the filing fee, advertising incidental expenses,* Signature of of petitioner (s) 6 of 8 Rev . 06 . 05 . 96 r DESCRIPTION OF VARIANCE REQUESTS' ZONING DISTRICT: '' Required Setback -' Existing Setback Relief or Area or Area Requested Lot Dimension Area Street Frontage Front Setback Side Setback (s) Rear Setback Special. Permit Request ; /) e i 6/,,.� i i "7 of 8 1 Rev 06 . 03 . 96 A ' Y 30 GE BRAI)" HAW NORTH kANOOVER APR 11 31 AN 'S8 Received by Town Clerk ; i i TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Kathleen Kirkpatrick Address 45 Third Street , No. Andover Tel . No. 1;83-1?31 1 . Application is hereby made : a) For a variance from the requirements of Section Paragraph 2,3 and Table 2 of the Zoning Bylaws . b) For a special Permit under Section---a- Paragraph_9 2 of the Zoning Bylaws . 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 45 Ihird rfropf9 Rln- allHn;tor _ Mill Street . b) Premises affected are property with frontage on the North ( ) South ( } East ()el West ( ) side of Third Strp .i Street . Street, and known as No . 45 Third Street . c) Premises affected are in Zoning District R4 and the premises affected have an area of 2U, 2. square feet and frontage of 96 feet . 5 of 8 Rev. 06 . 05 . 96 3 . Ownership : a) Name and address of owner (if joint ownership, give all names) : Kathleen KIrkl2a ver. MA Date of Purchase 4ZA160___ Previous Owner Francis a Kirkpatric b) i . If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for Variance/Special Permit required. `4 . Size of proposed building: feet deep; _ front ; p, Height stories ; feet . a) Approximate date of erection: ASAP b) Occupancy or use of each floor : , Psi dpnt.z al c) Type of construction: t,,n❑tl 5 . Has there been a previous appeal, under zoning, on these premises? No If so, when? 6 . Description of relief sought on this petition gp©p;_a_ r.�t for -347 7 . Deed recorded in the Registry of Deeds in Book 'f�+3 age Land Court Certificate No . Book Page The principal points upon which I base my application are as follows : (must be stated in detail) e a e--, ement Moving the pool would -6- T agree to pay the filing fee, advertising in newspaper, and incidental expenses* S ' gnature of Petitioner (s) 6 of 8 Rev. 06 . 05 . 96 DESCRIPTION OF VARIANCE REQUESTED y ZONING DISTRICT: RCS Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area sq fmt 20 365 s . feet Street Frontage 10D feE feet Front Setback 3 D f e et Side Setback (a) � 15 feet Rear Setback Special Permit Request: Nutt conforming lot 7 of 8 Rev 06 . 03 . 96 E LIST OF PARTIES OF INTEREST PAGE 1 OF 2 SUBJECT PROPERTY �I /L MAP PARCEL NAME IADDRESS �- �Cr ABUTTERS MAP PARCEL. NAME ADDRESS �Gf� �. �5� l� ✓J S� ', Iq IQ6 0CA to r-a,� S Car EL 1 �f � �{ v2 UT ivS� �Jv ST` I _ CERTiFIE© BY: OATS AS SSOR'S OFF CE Rev.06.05.96 30 fiOWNCA BRAD NORTH ANDOVER APR 22 i l 31 AH i Received by Town Clerk : 1 TOWN OF NORTH ANI]OVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Kathleen Kirkpatrick Address 45 Third Street , No. Andovea Tel. No. _683-1731 1 . Application is hereby made : a) For a variance from the requirements of Section 7 Paragraph 7. 3 and Table 2 of the Zoning Bylaws . b) For a special Permit under Section 9 Paragraph w 2 of the Zoning Bylaws . 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 4r Thirri c;trppt. Rin - auriLlitpry MiLI Street . b) Premises affected are property with frontage on the North ( ) South ( ) East (Xl west ( ) side of Third StrPat Street . Street, and known as No . 45 lhlg { Street . c) Premises affected are in Zoning District R4 and the premises affected have an area of 20, 365 square feet and frontage of 96 feet . 5 of 8 Rev 3 , Ownership : owner (if joint ownership, give all a) Name and address of names) : A Kathlee K ' Date of Purchase / Previous Owner Em cis L I5ir�patric b1 If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee Other Letter of authorization for Variance/Special Permit 2 . required. 4 . Size of proposed building: ___ front , feet deep Height stories ; feet ' a) Approximate date of erection: ASAP b) Occupancy or use of each floor: c) Type of construction: 5 . Has there been a previous appeal, under zoning, on these premises? No If so, when? Petition ' t for 6 . Description of relief sought on this p , 7 . Deed recorded in the Registry of Deeds in Book lee age Book __r___ Page Land Court Certificate No. The principal Points upon, which I base my application are as follows : (must be stated in detail) e ement a e ❑v nng �thepool would fe advertising in newspaper, and I agree to pay the filing incidental expenses* LLL fL _ram ��C'n' S ' gnat ure of Petitioners) 6 of 8 Rev . 06 . 05 . 96 t n <u Y q pyyp� 7 f Cat i Fd 1Y"M 0 p 1 E iM NO t9 ANUOVER APR 31 AM . Received by Town Clerk : TOWN OF NORTH ANDOVER, MAaSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Kathleen hirkpdtrick Address 45 Third Street , No. Andover Tel . No. G83-12 3'! 1 . Application is hereby made : a) For a variance from the requirements of Section Paragraph 7.3 and Table _?_ of the Zoning Bylaws . b) For a special Permit under Section_ Paragraphs of the Zoning Bylaws . 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 45 [ bird Suet. _ No- A� doy r M Street . b) Premises affected are property with frontage on the North ( ) South ( ) East 0,,11 west ( ) side of Thimd Street Street . Street, and known as No . 4_ 9 Third Street . c) Premises affected are in Zoning District R4 and the premises affected have an area of 2l_, 365 square feet and frontage of 96 feet . i i I i 5 of 8 Rev. 06 . 05 . 96 1 3 . Ownership : a) Name and address of owner (if joint ownership, give all. names) : KathIP2r[ Kirk a ver , MA Date of Purchase 4/�,60 Previous Owner Francis J Kirkpatricl b) 1 . If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee Other 2 . Letter of authorization for variance/Special Permit required. 4 . Size of proposed building: front ; 3 feet deep; Height � I stories ; feet . a) Approximate date of erection: ASAP b) Occupancy or use of each floor : rpsidpnlial c) Type of construction: _ - 5 . Has there been a previous appeal, under zoning, on these premises? No If so, when? 6 . Description of relief sought on this petition gr,e01 fLlr 7 . Deed recorded in the Registry of Deeds in Book �43- agecZ Land Court Certificate No . Book Page The principal points upon which I base my application are as follows : (must be stated in detail) e a a e_ emeTJt MQV!Tlg tMe paol would -lb... I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner (s) 6 of 8 Rev. 06 . 05 . 96 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area .{ sq fset 20 , 365 sq. feet Street Frontage 100 f edt `� f eet y � Front Setback 30 f et Side Setback(s) r 15 fimt Rear Setback Special. Permit Request : Non Gnnforming lot 7 of 8 Rev 06 . 03 . 96 LIST OF PARTIES OF INTEREST PAGE t OF 2 SUBJECT PROPERTY MAP PARCEL NAME (ADDRESS I ABUTTERS MAP PARCEL NAME ADDRESS �D ,.C5P4 +ram !, St ( kC-6r2�(,L- ,DES lVooI2t)QKA��ti— - - �Cpr F4 ,J CVrQ6= 3 i f� 6 s r i i 1 Ir I CERTIFIED BY*. DATE v 3400 •- ------�� ---A5 SS©R'S OFF C>; � Rev.06.05.96