HomeMy WebLinkAboutLEAHY, JOHN M
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�ASSACHUSEt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be f '^d
BOARD OF APPEALS within (?0) da,— af;e <.L;e
date of ,i ing e; is ; :u ;ce
In the Office of the Town
******* ** ************** Clerk.
John & Patricia Leahy * Petition #: 26-89
90 Middlesex St.
N. Andover, MA 01845 DECISION
The Board of Appeals held a public hearing on Tuesday evening, December 13, 1988
upon the application of John J. & Patricia M. Leahy requesting a variation from
the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so
as to permit relief of setback requirements for an addition to the house and a
garage on the premises located at 90 Middlesex Street. The following members
were present and voting: Frank Serio, Jr. , Chairman, William Sullivan, Walter
Soule, Anna O'Connor and Louis Rissin.
The hearing was advertised in the North Andover Citizen on October 20 and also
October 27, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Ms. O'Connor, the Board voted,
unanimously, to GRANT the variances as requested for both the addition to the
house and the garage.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.4 of the Zoning Bylaws and that the granting of these variances
will not derogate from the intent and purposes of the Zoning Bylaw nor will it
adversely affect the neighborhood.
Dated this 16th day of December, 1988
BOARD OF APPEALS
Frank Serio,
Chairman
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TOWN OF NORTH ANDOVER 03i shall �e he
MASSACHUSETTS Any app r day thVS' � ,;rice
W itn
date cF rt�itin�°o{ the -V0\0)
WARD QF APPEALS in the Of{ice
Clerk-
NOTICE OF DECISION
John & Patricia Leahy December 14, 1988
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Middlesex St.
N. Andover, MA 01845 Petition No.. .26-89. . . . . .
Date of Hearing. . .December,l3,. 1988
Petition of . .John, &. Pztricia Leahy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . .90.Mddlesgx. St.. . . . . . . . . . .,
Referring to the above petition for a variation from the requirements of the .SecttQu.7,. . . . .
Paragraph 7.3 and Table 2 of the Zoning Bylaw
so auto permit . . ... . .relief. .of .setback .requirements. for .sddi ti..on .to.hoima .and.garage.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. : the
.variances . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
to . . . . . John & .Patr.icia.Leah . . . . .
permit y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Variences granted for both the addition to home and garage.
3tgn d�� �
Frank Serio, Jr, , Cd�lairm n. . . . . . . . . . . .
William Sullivan
. . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . .
Walter Soule
Anna.O.Connor. . . . . . : . . . . . . . . . ., . . . : . .
LQn.Risa.in . . . . . . ... . . . . . ._ . . . . . . . . . . .
. . . . . . . . . . . . . . . .
Board of ABPA
` ReceiVed by Town Clerk: RfG DYED
OAML LONA
TONIN CLERK
NOR'H ANOOVfR
OCT N
TOWN OF NORTH ANDOVER, - MASSACHUSETTS
BOARD OF APPEALS , qe
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
App Iican t_jQhn J L Leahy &Patricia M. Leah Address 90 Middlesex St. , North Andover
1 . Application is hereby made: Tel# 687-2682
794-1120
a ) For a variance from the. .r.egVirg;n t y 'of Section 7 Paragraph Z3
and Table 07, tii
of the Zo ,ng vJ3*y 4*
b) For a Special Permit under Section Paragraph of the Zoning
By Laws . - --
OAs 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 90
Middlesex Street .
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) west ( ) side of
Street , and known as No.� j����_ _ Street .
c ) Pxemises affected are in Zoning District R-4 , and the premises
affected have an area of 11, 875__square feet and frontage of
—f eet .
3. Ownership
a ) Name and address of owner (cif joint ownership, give all names ) :
—sT9 �,_& Patricia M_ Leahy__—
Date of Purchase August 1978 Previous Owner Edith Massey
b) If applicant is not owner , check his/her interest in the premises :
Prospective Purchaser Lesee Other (explain)
4Size of proposed building:' front; feet deep;
Height stories; feet .
a ) Approximate date of erection: --__
b) Occupancy or use of each floor:
__--_-
4.
c. Type of construction.-
5 .
onstruction:5 . Size of existing building: 25 feet front;_15 feet deep;
IHeight 2 stories; 25 feet .
a ) Approximate date of erection:�� y___
b) Occupancy or use of each floor : Residential
c ) Type of construction: wood -------
6. Has there been a previous appeal , under zoning, on these premises?
no If so, when?
—
Description of relief sought .on this petition 'Variance of the 'j;
�.'s tback requirements for addition to home a'nd 'aara '
eed recorded in the Registry of . Deeds in Book'`'-' Page
Land . Court Certificate NO, 8Q,4 Book 54 'Pa
ge 185
he principal points upon which I base ,my application are as follows: ;
mitst be stated in detail ) 1'
This variance wi•11 not have a detrimental effect ori^ the neighborhood
and denial of the variance will -cause petitioners to suffer severe
economical hardship.
' agree to pay the filing fee, advertising in newspaper, and incidental
xp s*
gnatu a Pet o�er s
eery application for tion by the Board shall be made on a form approved
(• the Board . These forms shall be furnished by the Clerk upon request. "E «
iy communication purporting to be an application shall be treated as mere
)tice of intention to seek relief until such time ;as it 'is . made on the
_ficial application form.
All information : called ,for by the form shall
! furnished by the applicant in the .manner4herein, prescribed .
terqlapplication shall bb submitted with a list of '•"Parties In Interest" .
rich list shall include .the petitioner , •abutters , owners of land directly
2posite on any public , or private street or way, and abutters to -the
)utters ;within : three hundred feet ( 300'. ) of the property line of the
!titioner' as they appear , on the most recent applicable tax list,
)twithstanding that the land of any such owner is located in another city.'.;."; '�
town, the Planning Board - of the city or town, . and the Planning Board of.. :, ;°d�
rery abutting city or town.
:very application shall be submitted with ' an application charge cost in
te amount' of $25 . 00. In addition, the petitioner shall be responsible '.`%:'•• *%.':',
+r any and all costs involves] in bringing the. petition before the. Board. ; F:
ich„ costs shall include inai.ling and publication, but are not necessarily;•''.':;:I-, ,1 �
mited to these .
•ery application shall be submi.tted with a plan of land approved by the ){'�
lard. No petition will be brought before the Board unless said plan has
:en submitted . Copies of the Board ' s requirements regarding plans are
.tached hereto or are available from the Board of Appeals upon request . �t
LIST OF PARTIES IN INTERESTA.
..;
Name' Address
'
SEE ATTACHED LIST .OF PARTIES OF INTEREST
• ';•iY'.
,1
Y
• •tt
ti.}.•
(use additional sheets if''necessary)
1
LIST OF PARTIES OF INTEREST
MAP # PARCEL # NAME ADDRESS
20 26 Thomas H. Wilkinson & Ruth A.W. Johnson 98 Middlesex Street
20 24 Julius R. & Mary E. Pierog 104 Middlesex Street
C20 25n n n n
20 32 R. Kevin & Eleanora Romano 26 Silsbee Street
20 33 Nelson & Alice Riley 36 Silsbee Street
20 34 Albert A. &--Catherine M. Goebel 116 Lyman Road
4 20 62 Philip J. & Barbara L. Coffey 32 Silsbee Street
20 65 Michael J. & Jackl n A. McVeigh 109 Lyman Road
Middlesex Street
31 44 Kevin C. Donovan 55 Pilgrim Street
31 49 Stephen Taney & Cecilia Feeney-Taney 125 Lyman Road
31 50 John R. & Lillian S. Winning 117 Lyman Road
John and Patricia Leahy of 90 Middlesex Street seek a
variance of section Seven paragraph 7.3 of the Zoning By-Laws of
the Town of North Andover. Mr. and Mrs. Leahy reside at 90
Middlesex Street and have since 1978. This home is located in a
well established neighborhood comprised mostly of single family
homes on quarter acres lots. In 1987 the Leahy's realized that
the home was too small to accommodate their family but also that
larger homes were too expensive. They therefore decided to
enlarge their existing home by building an addition. Mr. Leahy
applied for and received a building permit for construction of
the addition. A copy of that is included herewith. Construction
was begun in September of 1987 and completed in February 1988.
• An occupancy permit was also applied for and received and a copy
of it is also included herewith. When the time came to convert
the construction loan to a standard mortgage the bank ordered a
plat plan. It was only then that it was discovered that the
addition had been built in violation of the setback requirements
of the Town By-Laws. Mr. Leahy has been informed that without a
variance the Bank will not grant him a standard home mortgage.
The Leahy' s request that they be granted a variance to correct
what obviously is a case of human error. A denial of this
variance and a literal enforcement of the By-Law would cause
substantial financial hardship to the Leahy 's. Furthermore the
relief requested can be granted without substantial detriment to
. the public good or derogation from the intent of the By-Laws.
Mr. and Mrs. Leahy have the support of their neighbors in this
request who see this addition as positive for the area. In fact
this addition adds to the property value of this lot as so also
to the neighboring lots.
The Leahy's also request that they be allowed to expand their
garage from one, stall to two. Again this request has the
support of their neighbors and would add to the property values
in the area.
MORTGAGE -�
INSPECTION
CYR ENGINEERING SERVICES, INC.
c� 234 ESSEX STREET
LAWRENCE, MASSACHUSETTS
MORTGAGOR: LEAHY
Sao- ADDRESSM/GDLE9EXOF PRINCIPLE BUILDING
v ✓ STPFF r
Q 1�.�J O /JDDVER
LoT 20 DEED REFERENCE: BK. 54 PG. LSE
PLAN REFERENCE: 48/3 q
ti� DATE OF INSPECTION:__7--7—
NOTE:
/NOTE: This Mortgage inspection was prepared spa-
�K cifloally for mortgage purposes and is not to be
relied upon as a survey.Cyr Engineering Services,
N Inc.accepts no responsibility tar damages result--
Ing from said reliance by anyone other than the
< F���'� ` said mortgagee and.its assigns in connection with
q cft proposed mortgage financing to said mortgagor.
�.k' P90� CERTIFICATION TO:
8.4"r!5AAl� 'MEzz/�-94C ILL
i
69, This Mortgage inspection wasprepared inaccordance
/r with the Technical Standards for Mortgage Loan
Inspecbonsas adopted bythe MassaehuseusAssoc
nor z/
tion of land Surveyors and Civil Engineers,Inc.
���
pI9 r I FURTHER STATE THAT IN MY PROFESSIONAL
*stnof +rr OPINION the princiD'Q��cturel3 and accessory
outbuildings,with the setback requirements of the tical tuning or.
dinances,and that there are no encroachmems of
� JSpemajor
� is edherway across property linea
except as shown.
SUPVE
C/
LOT // h� ALSO:
More =ZO.ST.PEET SET ZWC.e 5 f Property is not in a Flood-lazard Area
❑ 3.Property is in a su ft Hazard term
'Y( _ O 3.informatbn is inwtficiern o determine Flood
t ,54'E AT7A417E0 #B Hazard.
scow. a a 2 /
Dabs of Phn: Flood Hazard determined from latest Federal
3//0I Flood Insurance Rata Map.
A
OR y
Town 0 3 0 n over
No. 363 0
'YWP
rMass. /., � 19
Op. = SAKE .�
COCHi HEWICK
QTR �
`SS BOARD Of HEALTH
PER .rte
ov
IT
THIS CERTIFIES THAT....."
O UIL? NG INSPECTOR
buildings on . ° ! ('
has permission to erec ... :.... R.. ......... .. Rou h J 011
himhey����SY� d
to be occupied as... ••� Final ^
..
provided that the person accepting this permit shall in every respect conform to the terms of the application on file in
PLt1MBtNG,JNSTOR
this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Rought ,J/
Buildings in the Town of North Andover.
Final
VIOLATION of the Zoning or Building Regulations Voids this Permit.
ELECT C L 1 PECTOR
PERMIT EXPIRES IN MONTHS Rough )®
seryice `
UNLESS CONST ON TJ06W
• Final
................................ ...... ... /
BUILDING.INSP GAS INSPECTOR
Rough
Occupancy Permit Required to Occupy Building
i� 21FInaY ,•i 1
Display in a Conspicuous Place on the Premises `
FIREDEPT.
Do....Not, Remove Burner
No Lathing to Be Done Until Inspected and Approved by smokg Det.
Building Inspector
`F
CERTIFICATE OF USE Er OCCUPANCY
Town of North Andover
BulMing PKmitNwntwr 3Fi (19 R fT Dat* Fo hh r,nlr y 4,4, MR
THIS CERIUM THAT
THE BUMDING LOCATED ON 90 MIDDLESEX STREET"
MAY BE OCCUPIED AS FAMILY ROOM. BEDROOM, SATHRM IN ACCORDANCE
WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUKDING CODE AND-SUCH
OTHER REGULATIONS AS MAY APPLY.
.r
o? CERTIFICATE ISSUED TO John Leahy
;. ADDRESS 9d&eaex St., Nonth AndoveA
Building Inspector