The URL can be used to link to this page

Home My WebLink About1986-06-16 ZBA Application & Decision DEF SUB Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant George B. Stern and We Stern Address 58 Osgood Street, No. Andover, MA 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph 7.3 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) Premises affected are land X and building(s ) X numbered 58 Osgood —Street . b) Premises affected are property with frontage on the North { } South ( ) East ( ) west (x) side of Osgood Street _ Street , and known as No. 58 Osgood _ Street . c) Premises affected are in Zoning District R3 , and the premises affected have an area of 217,376 square feet and frontage of Z 3. f eet . (4.99 acres) ��_ 3. Ownership a) Name and address of owner (if joint ownership, give all names ) : George B. Stern and Wendy Stern, 58 Osgood St. , North Andover, Mass. Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) Size of proposed building: front; feet deep; N.A. ^ Height stories; feet . a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 5. Size of existing buildings 35 & 30 feet front; 25 & 36 feet deep; -- Height stories; feet . a) Approximate date of erection: b) Occupancy or use .of each f 1 oor: accessory buildings to main dwelling c ) Type of construction: wood frame 6. Has there been a previous appeal , under zoning, on these premises? no If so, when? 7 . Description of relief sought on this petition variance of sideline requirements from thirty (30' ) to eighteen (181 ) _�_ 8. Deed recorded in the Registry of Deeds in Book Page 30 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail ) See attached sheet - Exhibit A I agree to pay the filing fee, advertising in newspaper , and incidental expenses* Reginald L. Marden, Attorney Signature oof'Petitioner sT____.._....._..., Everyetapplication 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 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 (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 $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board ' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Address Alfred J. and Elizabeth Arcidiacoho 209 Chickering Rd. , No. Andover, MA John J. and Claire R. Negrelli 79 Olde Village Lane, No. Andover, MA Benjamin C. and Harriet G. Osgood 69 Olde Village Lane, No. Andover, MA Beverly Nassar 57 Olde Village Lane, No. Andover, MA Center Realty Trust of North Andover c/o Steven Foundation P.O. Box 111, No. Andover, MA Frank J. and Theresa R. Furnari 671 Mass . Ave . , No . Andover, MA Rose and Louis Sergi 615 Mass. Ave. , No. Andover, MA Stephen M. and Diane F. Patterson 671 Mass . Ave. , No . Andover, MA J. Kevin-_and-Katherine A. Callahan 3 Autux-crn Lane, Windham, NH Amelia. and Mildred Olenio 695 Mass. Ave. , No. Andover, MA Christopher A. Yuen, III 80 Osgood St. , No. Andover, MA Paul L and Nancy Tariot 46 Osgood St. , No. Andover, MA Irene R. and Barbara Dillon 37 Olde Village Lane, No. Andover, MA Charles S. and Santa Nib elli 49 Olde Village Lane, No. Andover, MA Richard A. and Barbara A. Pierro 89 Olde Village Lane, No. Andover, MA Donald L. and. Joyce A. Champion Olde Village Lane, No. Andover, MA Town of North Andover (use additional sheets if necessary) ......... - --- _ _ ...... ........... ........__.... . EXHIBIT A The principal points upon which I base my application are as follows : The applicants seek a variance from the Side Line Requirements of the Zoning By-Law in order to allow for the continued existence of two accessory buildings located on the applicants ' property. The applicants are seeking to subdivide their existing lot , and the roadway proposed to be constructed (Cranberry Lane ) would, according to the subdivision plan, come within eighteen feet 1 (18' +-) of the existing accessory buildings . The applicants seek the variance so that the existing buildings need not be razed in order to permit the subdivision of the property . The applicants believe that, due to circumstances related to the structure , a literal enforcement of the By-Law would involve sub- stantial hardship to the applicant . The structure has existed on the lot for many years , and is an attractive building which adds to the amenities of the lot and the neighborhood in general . On of the build- ings has historic significance, and as such, should be preserved. It would be both physically and economical imprudent to move the buildings . The continued existence of the buildings as they now stand would not constitute a substantial detriment to the public good, nor would the required relief substantially derogate from the intent or purpose of the By-Law. The applicants believe that given the slight encroachment involved, and the fact that one of the buildings has historic significance , and that a variance is both necessary and warranted. WHEREFORE, the applicants respectfully request that this Board grant the variance to allow for the continued existence of the structures . ......._.. ........ .... ......_...._ ....-.. yya• Its rS•.~-� _ sf 0 t`1,CC�� t LL� f 0.� •�� ! SEi' 1 �.2 t' Any aPPeal t>S'SRCH U`-F'� shall be filed }T�t�ry�; t�it;;in (.`'0) days after the TOWN OF NORTH ANDOVER cJate of st� Of this 1`�otice MASSACHUSETTS in t}�e Clerk. I i T�F BOARD OF APPEALS r [' NOTICE OF DECISION f� L George 6 Stern [M�iN �''�P RD Wendy Stern Date . . .September 5 ; • •1.98G 58 Osgood St . N. Andover, MA 01845 Petition No.. 1.-,87. . . . . . . . . . . . . . . . Date of Hearing. . Am g u s t. .1.2, .1 9 8 6 Petition of . . . . . . .Ge. o.rge B Stern & Wendy Stern . . . . . . . . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . . . . . . . . . . . . .5 8. -O s.g o Referring to the above petition for a variation from the requirements of the . -S e -t i on • 7., - Rara.gra.ph. .7. . 3- .an-d . T.abl.e� .'?. .pf. . - Z.Oni.ng. ByLgVw so as to permit . v-ar.i.anc.e . o.f. 5.i-de.11p.e . r.eggi. re.men.ts from t-hi rty( 30 ) to el.gh.tee.n (7.8). .f.ee.t .. . :. . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to - - .G R.A N 7. . _ the variance NOMY7 X1XtX.1X4z'tXtU xBCd9ffikX RiL4&Y--Y&Mt XgAi�Xa( )MM, Th-e - Boa•rd - feels . tha-t • by- - g-ran•tin-g - this• .vaxia.nce- -no. .de.tr1 Rent to the neighborhood will be created . Signed Frank Serio , J'_ , Ch(�Trman . . . . . . . .ATfred Frizelle ',— -Vice -c-ha-irman - • - - ' - . . . W-i-1 1-i-a m- --Su-1-1 i-van... . . . . . . . . . . . . . . . R.aym-on d- -V i-ve mri o. . . . . . . . . . . ATTEST: . . . . . . Ann a- -O'�C o n-n o r• . . . . - - - - - - A True Copy Board of Appeals Town Clerk ' fig �9�Tk cZ SEP r s CM ��1Q al s` fined TOWN OF NORTH ANDOVER Any appeal gall l�en the ^ C.FLvs at cur MASSACHUSETTS ��, Notice �laLe of i i.in� of �liis rn the pti;ce Of the Town BOARD OF APPEALS Clerk. - September 5., 1986 Petition #1 -87 George B Stern & Wendy Stern 58 Osgood Street Mr . Daniel Long , Town Clerk Town Office Building North Andover , MA 01845 Dear Mr . Long : The Board of Appeals held a public hearing on August 12 , 1986 upon the application of George B . Stern & Wendy Stern requesting a variance of Section 7 , Paragraph 7 . 3' and Table 2 of the Zoning ByLaws so as to permit a variation of sideline requirements from thirty ( 30 ) to eighteen (18) feet . The following members were present and voting : Frank Serio-; Jr . , Chairman , Alfred Frizelle , Vice -chairman , William Sullivan , Raymond Vivenzio and Anna O ' Connor . The hearing was advertised in th-e North. AndQver Citizen oa JunLy 19 and June 26 , 1986 and all abutters were notified by regular mail . Motion made by Raymond Vivenzio and seconded by Alfred Frizelle to GRANT this petition as requested . The vote was unanimous . The Board feels that the granting of this variance will in no way be a detriment to the neighborhood . Sincerely , BOARD OF APPEALS Frank Serio , Ir . , Chairman /awt