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HomeMy WebLinkAboutBREIN, ALFRED P ROUSAL OF BUILDING IRSPHCTOR September 21, 1%6. Mir. Alfred Brien, 429 Railroad Avenues North Andover, Massachusetts. Dear Sir:•. I hereby refuse to u a permit for Internally remodelling the pr 1� � t 429 Railroad Aveme, resulting in living quarters 4or jjjU distinct family units, including your own, upon the ground that the notice of decision of the Boer& of Appeals, dated duly 21, 1946, authorizes me to issue a permit for the construction of "kitchenettes", so-called. Very truly yours, Ior, Building Inspector Toes of Korth Andover* u q w NpRTy t �� F7Q�Gw_•1 S3 • <E• Mxa7r. ;� ��•. 1855 : ' 9 •�,}`fACHtfS r�► we � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building Inspector or other authority. APPLICATION POARIATION FROM THE REQUIREMENTS O THE ZONING ORDINANCE Applicant: A3 fraf Brian Address- 422 RA 2rW 1yArmse TO THE BOARD OF APPEALS: Application is hereby made for GA,the requirements o , IS& IT S * of the Zoning Ordinance. Premises affected are situated on the North South Fast West "' side of N,411road A1►e. tv*; eet distant from the corner of at Stmi.and known as NUMBER A29 Railroad l�lw •�*®eih• Description of Qkvp**"L (Existing) Building 1. Size of building- 110 feet front_ Lb feet deep. Height: S atories; 2(3 feet. 2. Occupancy or Use: (of each floor) r#AidAnt1&1 ft)3. Zoning District:Gone 1 nfia Bate o�erection 1907 5. Type of Construction: (check one) l3tuaco II III 6. Has there been a previous appeal, under zoning, on these premises: ma +► wo 'bel wt 7. Description of proposed work or use: I n terra f romel a 31 ng -of bnitd 1*tm�--*18ht kitebanettes so"oe;k1*1 of three or tour rooms such 8. The principal points upon which I base my application areas follows- On JOIS 9- AM* & heiariAg was bad b7 this. Saar&non the SnUeant'"twon for a viviatlon $nom the tamp coning ordiname to permit'bim intemaU7 to remodel the 'bui:ding in question so an to constrvAt jg= tchenottea, go-caned, of three or four room each« On Jud 16p 19415, this Beard unanimously voted "to grant the variation �stitioxadg* (set De ision,, I agree to pay for advertising in newspaper and incidental expenses. 1v3 AC.r/liC.. Signature of responsible applicant datod aaly 210 1945). Your aj�,pliosnt's intention at that time was. and row Log it he my be permitted so to dog to remodel mid building, without change its external appearance, by constructing seven such "kitehenettes"if c . ° .fig that portion of the premises which he himself intends o occupy; as remodelled, the building will house eight families W WI= bin gm The building inspector of the town has refused to issue a permit for the contemplated construction, upon the Bound that the order of this hoard, following said decision, and dated ul y 21, 1945, authorises him to Issue a permit only for remodellingg resulting in seven such "kitchenettes." Your applleant now respectfully petitions that the hoard' s said decision may be amended, in due form, to allow him to proceed with the construction work hereinbefore described. ® VUA of the affected premises, heretofore filed with the petition already refs 'ead to ISAA the passe of the., 4 Notices sent to: Names: Addresses: i I i i e y AAA iyORTy i Arau7m :x23' pjA /. i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE October 22 . _19 45 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,— Monday evening, October 29, 19 45, at—&o'clock, to all parties interested in the:. k-qfx petition of Alfred Brien requesting a variation of the Zoning Ordinance so as to permit the granting of a variation for the interna! remodeling of a building at number 429 Railroad avenue in said Town so that there will be eight (6) „ttitchenettes" so nal e , of three or fora rooms each. itBy Order of the Board of Appeals. Charles W. Trombly, Clerk �oRry ✓ w y: 1835 ". ILM �'sy9ACHU'��„tww TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date_ October 29 , 1945 Petition No 8 ._ Date of Hearing October 29 , 1945 Petition of Alfred Brien _ Premises affected 429 Railroad Avenue North Andover Referring to the above petition for a variation from the requirements of the Zoninz Ordinance , Article 2 , Section2, soastopermit the internal remodeling of a building so as to construct eight (8) 'Ritchenettes" , so called, of three or four rooms each. After a public hearing given on the above date, the Board of Appeals voted to grant the variation and hereby authorize the Building Inspector to issue a permit Alfred Brien for the construction of the above work, based upon the following conditions: None Signed: Board of Agrpeals * �-tyORTy e ter: AvnaRa ;A . * PPP M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date— {fat Lobe r E9 � 1948 Petition No. _ Date of Hearing October E9, 1-945 Petition of 1 fr ed Brien Premises affected 429 Railroad Avenue $ North Mover Referring to the above petition for a variation from the requirements of the Zonins Ordinance , Article R. Seotiong, so as to permit the internal r eodal o a bund rig ea as to Qonetrupt eight (8} `Xitchenettes", so called, of three or four rooaae ®aah,7 After a public hearing given on the above date, the Board of Appeals voted to grant the variation and hereby authorize the Building Inspector to issue a permit to Alfred Br i erg _ for the construction of the above work, based upon the following conditions: None Signed: �710-�74�Y�/ I BoarQ Appeals r'Of•NORT�y'� -F: APR } �h ',�,•. 1655 :• •Cp'Y CHU9Q' wrrwww " TOWN OF NORTH ANDOVER , MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Da tR 000bAr 29, 1946 Petition No. 6 Date of Hearing GO t oboe 99a 1945 Petition of Al tied Brion _ Premises affected 4£9 A811r oad AY+bulo , Vo'Itth .liar area Referring to the above petition for a variation from the requirements of the zoning g arditttt t;ex Article 9. geCtIo'4R8 so as to permit th�e> nal r odellxyg o a build1nig So as to oonotruat eight ( 5) °' itebenettea", ao called* of throe or foul room mutts After a public hearing given on the above date, the Board of Appeals voted to `ayt the ti and hereby authorize the Building Inspector to issue a permit to AlZTOd B11140 for the construction of the above work, based upon the following conditions: Now Signed: B64WN41ppeals NORTy A APROL71V ��p i►. TTV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date October 29,, 1945 Petition No. a _ DateofHearing October 29 ,1 45 Petition of Alfred Brien Premisesaffected429 railroad Avenue. >ltorth Andover Referring to the above petition for a variation from the requirements of the ZoninL Ordinance Articla 2, Section 2 so as to permit the internal XM c p43mmik remodeling of xa building so ns to enrc4triiet Pi�ht (a "Kit0henettes" so called, of three or four rooms each , After a public hearing given on the above date, the Board of Appeals voted to grant the variation and hereby authorize the Building Inspector to issue a permit to Alfred Brien for the construction of the above work, based upon the following conditions: None Signed: Board of Appeals A sr tiyOR y i F: ArnIL�ro TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date_ October 29, 1946 -- Petition No. a Petitionof Alfred Brian Date of Hearing October 290 1848 ON, . ) Premises affected 429 Railroad AYe1,e, North Andover Referring to the above petition for a variation from the requirements of the Zoning Ordinance Artiela 29 Section 2 efl ae to permit the internal remodeling of a building So an to construct eight (a) "Ritg#enettee" ea called, of three or four rooms eadh . After a public hearing given on the above date, the Board of Appeals voted to grantthe ver i at I on and hereby authorize the Building Inspector to issue a permit to----.- Alfred Brien _ for the construction of the,above work, based upon the following conditions: B©rte Signed: Board of Appeals AOR? �•�•1•yy.gam Fi APIIILM ieb9► <y: 1885 •[Z ►s CHU5�� �►VVV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date 0"OtteT 2$* 1946 Petition No. a _ Date of Hearing 006bo r s 1%G Petition of Alfred br le» Premises affected4ji) Nailroad ATOM** Mirth AndQT0V Referring to the above petition for a variation from the requirements of the Z00109 Ordinenae Articla 2. seotion 21 so as to "rMst the lntorv%el 7*t remodeling of a bullding 00 ap to QonletTuat eight (a) "ITI token ettoo" so 001104, of three or four too= each o After a public hearing given on the above date, the Board of Appeals voted to #T*'ak the Tar l at 1 on and hereby authorize the Building Inspector to issue a permit to Alfred Arian for the construction of the above work, based upon the following conditions: 1 Signed: Board of Appeals }}}iA1; q� !{F APR' 71 �,y► j qj,i t81S rJ •y+� }�rCWfy sy TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS D L 0 1 S I 0 N Pacts: Petition of Alfred Brien rec_uesting a variation of the Zoning Ordinance , ,Article 2, Section 2, so as to permit the internal remodeling of the building at number 429 Railroad Avenue, so that there will be ei :ht (8) "Kitchenettes", so called, of three or four rooms each.. This matter came to bheard before the Board of Appeals on Monday, October 29 , 1945 , at a lic hearing. Attorney Arnold Salisbury appe8red for the petitioner and there were no objections by any of the abutters . The petitioner presented the facts that the building was originally a single family dwelling house--that it could no longer be used as a single family ?ouse, and that this Board on July 21, 1945, ruled that the petitioner could have seven (7) "Kitchenettes". This petition war brought merely for the purpose of having one extra R "K'itchenette" , which was the original intention of the petitioner and it was a typographical error that the original petition called for only seven ( 7 ) Kitchenettes. Opiniont The Board of Appeals , after considering this matter decided on Monday , October 29 , 1945 , that the variation as requested on the facts would not derogate from the zoning ordinance and that if it �ere not granted the fact that the property would waste away and be useless was sufficient grounds upon which to grant this variation. D&aisi on : The Board of Appeals unanimously voted to grant the variation as petitioned. The North Andover Board of Appeals By � ri Charles W. om y--G rk NORTp� '' Og oo +;y: 1888 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition of :%lfred Briesn reaue sting a varlation of the zoning Ordinflraeaa, Artie 1. Po section t, no seas to vorvdt the interval womodoling of tho balloing at number 429 Railroad Avern tq Be that there will be ol,11nt, ( ) "XIWheeneettes", so calle , of three or $01xr rso:es each. 'Sbi s m, tt er onve to a heard Ufar a the 'Beard of Appeals ate Moatfty, October 299 19<h * at a ; list hearing, Att"rey Arnold call bury hrree rod for the QlettitIoner end there were no objootionssl by any of the Outters o The petitiorser presorted tho faete that the building was originally a r"Ingle faimily dwelling hotlseso-th at it could no longer be nood ne a sin-ele .;asamily bourse, and that this 'board on du13r 110 19460 rulod that the prtitionex could have seven {9} "ICItobenettes"o This potition rias broiie ht merely for the purpose of Paving *na a tta " Y71tth-nette", vhlah w4so the original intention of the petitioner and It ,vr n a typoe,,,rn phloal error that the original petition called for oatly seem (7) Ki tchc"etteso '?hes .Board of Apsake, after 00"sidoring this Matter dooided an Vonda,;' , October E30 9 16 that the variation as requested on the toots would vett- derogate ftom the s ovinag ordinovoe and that It it --40vo net grniktod the fi4ict that the property would *set* away and bo useless sarsse nuffiolont grounds upon v6iob to grant this variation* p1hot Board of Appo olst 11108almusly veto& to grant the variation as pettitlon€sd* the Borth Qindover Board of ,slpposle yy>'p10HTy� <h APRIL yA b N + ',j'. 1835 ,•meg'. ♦ �ACHU9�'y'1 YtVi'+1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS cx 1 0 N Feels Petition of Alfred Brien requesting a variation of the zoning Ordinance , Article 211 Section P, so as to permit the internal remodelling of the building at number 429 Railroad avenue, so that there will be elcht ($)' "Kitohenettes", so oalled , of three or :four rooms sash• This mf:tier came to a heard before the Board of Appeals on Monday, October 29, 1945, at a p6alic hearing* Attorney Arnold Salisbury appn ,red for the petitioner and there were no objections by any of the but a ter8. The petitioner resented the facts. that the buiidin was p P g originally a single family dwelling hour" -that it could no longer be used as a single -family house, and that this Board on July 21, 1945, ruled that the petitioner could have seven (9) `Kitchenettes" .. This petition wa:- brought merely for the purpose of having one extra " "Kitche'nette"t 'vhich was the original intention of the petitioner and It was a typographical error that the original petition called for only seven ( 7) Kitchenettes« Onif The Board of Appeals, after considering this matter deoidsd on >?rnd&Lr , October L9, 19400 that the variation as requested on the facts would not derogate from the zoning ordinance and that If it 9ere not granted the feet that the property would waste away and be useless was sufficient grounds upon which to grant this variation* T! si on The Boord of Appeals unanimously voted to grant the variation as petitioned, The forth Andover Board of Appeals BY Charle; 's, rom y« irrt BACIGALUPO. AISNER & SALISBURY COUNSELLORS AT LAW CENTRAL BUILDING LAWRENCE. MA65ACHU8ETTS .LAWRENCE 21012 ARNOLD H. SALISBURY, 2O BOSTON OFFICES: JOSEPH F. BACIGALUPO SUITE 527-580. It BEACON STREET SIDNEY A. AISNER -- CAPITOL tail November 20, 1945. Isis Charles W. Tromb]y, Esq. , Bay State Building, Lawrence, Massachusetts, Dean Charlie :- I enclose herewith the two copies of the Rules and Regulations of the North Andover Planning Board, which you were Find enough to let me take this morning. Gratefully yours A Enclosures (2) AHS2/S �axry r i F: APRLL7" :M H tSA�HUS�'�' Pf'4� i y't VV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 21, 1945 DECISION Pacts: Petition of Alfred BrieA 429 Railroad Avenue, North Andover , Massa- chusetts, for the variation of Article 2, Section 29 of the Zoning Ordinance so as to permit the internal remodeling of a structure so as to construct seven "Kitchenettes" , so called, of three or four rooms each. This matter cane to be heard before the Board of Appeals on Nonday evening, July 9 , 19459 at a public hearing. Attorney Arnold Salisbury appeared for the petitioner . There was no objection by any of the abutters and the Attorney for the petitioner presented a signed statement by the abutters that they assented to the variation. The petitioner, throu h his attorney, presented the facts that this building was forty-five (45 feet deep and one :hundred and ten (110) feet long and was originally a single family dwelling house, That it no longer ebuld be used as a single family dwelling and because of a tenement shortage he thought his client was rendering a great deal to the war effort by providing new facilities in which tenants could live . The structure is in the outlying district of Town and in such district the noises of seven different families would not bother anybody but themselves, Opinion: The Board of Appeals after considering this matter decided on Monday June 16, 1945, that the variation as requested upon the facts would not deregate from the zoning ordinance and that if it were not grantgd the fact that the property would waste away and be useless was sufficient grounds upon which to grant this variation, Decision: The Board of Appeals npanimously voted to grant the variation as petitioned, NORTH ANDOVER BOARD OF APPEALS By Charles W. Trombly, Clerk Noxry <E' AmIL7" :1,w X31 1855•,�j'•�. x9Ss....•f,'�1t� 4 ¢ ACHU`-VV TOWN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 19444 ftsul Petition of Alfred 'ruse„ 429 Railroad Avenuot Forth Andaver o s®e- chusetts, for the variation of Article 2, Section t, of the Zoning Ordinance so as to permit the internal remodeling of €a structure so as to oeonstruot seveo " itehereattes", sed oaalled of three or four rooms osoho This matter osve to be heard before the Board of Appeals on Monday evenin9t Zuly 90, 1946, at a public hearing,; Attorney Arnold gal.is'bury appeared. for the petitioner . There was no objection 'by any of the abutters aarrd the Attorney for the petitioner prevented a signed statement by the abutters that they' e8aentod to the variation* The petitionear, throe h his attorney. -Presented the facts that this building was forty-five (45 feet deae7 ,scrod sre• ndred and ter (110) feat loud and was originally a single family dwelling; „ho tee That it no longer could be ussd as as single family dwelling and beoeu.se of ea tenement shortage he thought his client wee re-rd*TJU , az great deal to the war effort by providing now facilities 3n 4hich temartocould live, The structure Is in the outlying district of Tolm and in 'a`atwlgt 419triet the inolse3s of Seven differ eZt fanilieas would not bother anybody but themselves. The SOsT4 of Appeals after considering this matter decided on %- naday June 16, 1945, that the variation as 3roquestsd upon the facts would not derogate from tho sawing ordinextee and that If It were not granted the fact that the pirop*T`ty would waste array and be useless was sufficient grounds upon whleb to grant this vaariaatiors. �a osrd of Appeals Unanimously voted to grana the variation an P c t i ti on 0482106 We eaa r e e h,X&AA � �Noxry •� ' GOA�1T •s At,-* APNIL911 isss •�,� ¢s�SACHISgB{.f rrrw�K"' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date July 21, 1945 Petition No.�__ _ Date of Hearing July 990194f Petition of Alfred Brien _ Premises affected 429 Railroad Avenue , North Andover , Massachusetts Referring to the above petition for a variation from the requirements of the Zoning Ordinance, Article 2, Section 2, so as to permit the internal remodeling of a building so as to construct Seven (71 "Kitohenettms" Bo walled, of three or four rooms each. After a public hearing given on the above date, the Board of.Appeals voted to giant the variation and hereby authorize the Building Inspector to issue a permit to- Alfred Brien for the construction of the above work, based upon the following conditions: Kone Signed: Board of Appeals 1J NQR:� fir* 0:.� '•.Wo Y i Fid APN�L�ftl !,y h ►�, ACNU'� �' '►rrrr+r' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date July 21, 1946 Petition No. 7 Date of Hearing Jnly $# 1$4$ Pet;>ton of Alfred Brien Premises affected 09 Railroad Ava to. North Andover, Mase;4ackusetts Referring to the above petition for a variation from the requirements of the z._n g Ordinaries, Artials W. Section Q. so as to permir the internal remodeling At 8 buildiea s�A ea to erinatr�t 4evers (7 j "11tchenett11a" so called, of three or i'ouy rooms aach After a public hearing given on the above date, the Board of Appeals voted to 1141Ma the Variation and hereby authorize the Building Inspector to issue a permit to Alft e d Br i ea _ for the construction of the above work, based upon the following conditions: Doli! Signed: _.Tch _ '._ Alter . Chairman _ Charles 5. Tromblv.S-9oretary. Henry 11Lund Irvin; 0 . Howes Donald A. Buchan Board of Appeals BACIGALUPO. AISNER & SALISBURY COUNSELLORS AT LAW .CENTRAL BUILDING LAWRENCE, MASSACHUSETTS LAWRENCE 21012 ARNOLD H. SALISBURY. 20 BOSTON OFFICES, JOSEPH F. BACIGALUPO SUITE 527-590, 11 BEACON STREET SIDNEY A. AISNER — CAPITOL.tail tot2 duffle 51, 19,z' 54 I ort_,_ i_dover Board of Appea2g l "' Troribley, Esq. , Clark,Atte�i vi on C ar es y�. Day 3t`,te Building,, Laurance, Lias sa ehuse t ts. Re : AlIrl-0. Brien, 429 Railroad Ave :ue, 1?orth tldover Uassac` usetts. Dear Sir:- . . , ,r. Brien' s application for a variation from the requireaents of the zoning ordinance has, as we understand 'it , been provisionally accepted by your Board, subject to preli.rdi ary consideration as to the power of the Board to graiit t_le same, to effect a permanent variation. As your Board knows, and as Cdr. Brien can do nothing but aI—dt, his uses of the premises in question are now n©n- confor dfl;, and it is our desire, as it must be yours, to have the ina tter straightened out as quickly as possible. To this end, we hereby request your Board to consider lir. Brien' s application as one for a "special permit" for a non-conforming use, upo :i such conditions and for a period of not more than one year, as your Board may -require. There seems little question of the Board' s authority to grant such a permit under Section l ( e) of Article V of the zoning by-law of the town. We are mating this request at this time, in view of the fact that the next regular meeting of your Board is scheduled to take place within the next few days, and for the benefit of all coluarned it would seem wise for this matter to be considered as quickly as possible. Of course, +Ir. Brien will stand the expense incident to any required advertiseaent of his application for such a permit. Your Board may rest assured that, whether or not such a ermit is granted, such steps will be taken in behalf f a:Lr. ,rien to effect a ermanent solution of the problem o p y gg the �, informally 1 suggested b :� be necessary. as already ir_lorr. aIle s o� y as , a� n sary. dy clerk of the Board, it may be tr_at a special town meeting will eventually be required. The present application for a temporary "special permit" is made solely in an attempt to June 5 0 19 40, "2. ) lov}lize, as quickly as possible , the uses now made by Lr. Brien of his property. In the event that the Board feels that the presence of the -,Triter at its next rseeting mould be either necessary or helpful in its consideration of this application, please notify us to that effect forth with. Very truly yo urs , BACIGABUPO, AIS1TUR & SALISBURY, �s — v } A S2/S o�•�yonry' t Fi Am11.7MI/Y •W ' �+ tri 1855 ' R ` ACHUSF'�'� syy ryws TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building Inspector or other authority. APPLICATION FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant- Alfred-B.riea Address. 429r Railroad ATenue North AAdever XaSsaellUftttfil TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements �. zT Of Sectiortiolen 2 of the Zoning Ordinance. Premises affected are situated on.the orth South East—� Time e side of Railroad A.yexm. _40feet distant from the corner of areftim Meet Street and known as NUMBER 429 Railroa►j::_,.venW stain Description of (Proposed) (Existing) Building 1. Size of building- 110 ._feet front- –45 feet deep. Height--a--stories- 30---feet. 2. Occupancy or Use: (of each floor)- 3. oor)3. Zoning District- General ROM d®n,664. Date of erection- 19Q7 5. Type of Construction: (check one) I StUGAG II III 6. Has there been a previous appeal, under zoning, on these premises: I!a 7 Description of proposed work or use: to remodel buildi= Wit6ut changing Its external appaarande, into Seve+ti ," FCttc�AewF�s " s'o c�11eoQ1 e-f �4£e Q�. P.yL �roo.�.4 �ae.G 8. The principal points upon which I base my application are as follows: 'I- Bnuain 0for use gLs one or two fan*2:Y dwelling under M0 ern eo tfon 2 No*& for Fq�artmWt apaa® in hhe town of Berth A`inaever meq_Willingness to amply with prgWer req;dreme-A s Imposed upon y 3emodellimc operations by the Baflding Inspector 4 .Anticipated lack of ob jectian by abuttere_. I agree to pay for advertising in newspaper and incidental expenses. BACIGALUPO, AISNER & SALISBURY Counsellors at Law 44a .7.�5.21�!/ 500 Central Building Signature of responsible applicant Lawrence, - Massachusetts t i 1 Notices sent to: Names: Jignig T. gaganh Addresses: 31 Aqh Rtreet T.saWravinw Ben jamin F*Hares 310 OrAen Stg $4 A„ Lawrenee Aaronian 445 Railroad Ave. . N,A• Hagop Aaronian--Heir e/o Rose M. Chadwiek, 425 R.R. Ave ., R.A. Alfred Brien o/o Arnold Salisbury 316 Essex M . Lawrence y copy of anul Cie BUXkDI9G N3L1C.P4?� May 2, 13 Mr. Brian I refuse the permit. for the apartments an Railroad Ave becausethe zoning lana does not permit apewtments inthat section of the to=* ( signed) gartin cls lawyer- Building Inspector z a BACIGALUPO, AISNER & SALISBURY CaunsaHors'at Law 500 Centra{ Sullins Lawrence, Massachusetts !r +. PAUL R. FolsY NOTARY: PUBLIC E ATTORNEY—AT—LAW TELEPHONE 6881 —6892 3. V4 CENTRAL STREET LOWELL. MASS. July 22, 1944 Mr. John F. Alper 31 Marblehead Street North Andover Mass. Dear Mr. Alper: I have been consulted a number of times by Mr. Brien of North Andover who is seeking to convert a building on Railroad Avenue into tcts (�A "{ etch `�ofathee whole premisesnplussamsurvey byuanBangir oard W. -The skean tchealone kwill cost nearly $200.00 not including the engineer' s charges. will you kindly inform me what cheaper way your board will consider this application as I suppose you do things the same way as the Board does in this city, viz. an ordinary sketch. The newspaper article which was published on July 11th last is not correct as Brien has made only three apartments and this he did when informed by the Building Inspector to proceed. A-t , I would appreciate your reply as soon as possible. Yours ver espectfu11 , PRF:F jr ?rj .C. ie: w. V, o44L a ,✓'� aur o� -- \, / -�ee `� -t _vT,, x -< ,..1 f Y Jui, 27, 1944 'T'vul It'„ Vois,`y', Esq, 174 Gentr4l Street Ln .ell# '>&ssauhusattn Dear Sir: Your letter to Mr, Jots. F, Alter under date of July 22. 19449 has been referroa to me as cl< rk of } the Board of Appeals for onslver, I hereby advise you that the Lrohitecteo sketch of the whole jrkmises lulus a survey by the engineer are absolutely nec3essury and must 'be supplied. 11r. 'r3r.ye:n hap hed the benefit of two conferences with the full Buaru of Appeals and must knovi that we are only trying to, help girt by upholding the zone la., for the town of North Andover, 11assuchusetts. I trust thvt thIs is satisfadtory . Vcrri truly yours, Charles W. Trov,bl; Clerk ,a r ',; .,I3,i C«. �. l� I July 28,, 1844 Crarnol,'ii,is J. Mahoney, Isq• 01 J`�s2ex Street Lax rence, Base achusett6 DeLr ,,Ir-. In =c;coruaxnoe with your requeet I herewith submit the foll,,r- -:7 fcote wits; reg� .<< to Elie ur-we of Alfru," 2ril�n,,,'425 " R� i L ,,,,d ;t.v nue , Vorth i'ndcv -r, €issachusett3. rovui'iber 203., 194;1, 1 3e Cit to '*k1r. Brien+G hoA;;e F=t tZSQ above r4dress on my own nitiz-:�ive. At thot tif,e there t ers no Fa;;:aart:,A nt: at said odureve c;n`l `fter examining the pre-irises I 1- . 13rien thLt (je;rUc in building li;tos :,-Uct be cowgAted with, onu of Yihiah wags the fire',Ll . „egiair�,� is nt. ;Ar. Brien said th4, t is ,ould- interfere .i tii _iis iWna,, but that 'lie ,,ould file an 1-r,rlicvt1oa-4 0iiaia lie ald, for zeve:n apartment-. I refused to r;t a ::_rr .it on t,,io 'ryai ,<;. y'Qii- ahe 19440 - 1 €f,3tir1 mrd to -JOe Brien rtciuki n.ce and at 't .. t t ;.:e found tx.!Xei. Fi )t rtA1t:;:i£3 r este.:. 1 '. r for,::t". '_i- 1'.:r. BrdYn the:- ix :;&-, 'J iolut`na the 1&1:i C,n, :. i,, t I ii; Ve to i.notitute c,�oua 4, e.ction. I =de on �ppuint. ,e st i ith the worth ,&ndoveer Boi.:..Lc of A,-)EIalo for :l aruh 160 1:�4'. f, L-11-, .i�:Ai ell t i':ie. E . Brien., hir .> m, tnu my-.;elf o vtendea. Fir. Brien aumi tted to the full Do, r :>t lie had never received c, .permit to ►;e ke these Iter�- GtzrrA as. the t ire agreed to .x-,(e "drliez-tion fog: the voriano+e '' of zoning 1a.: so an to Lllo' aYAr.rtrt :rit..: ..t rUzAu FdAreso , 101r. Brien told the Bo,-ira 'i[;t iic ,A:'O'Aw3t:u �;2opc-' i in Se ,tc; ;bol. e l �tl?, move-. in o : Qctc';cr ''fi 1045 �n+A v,w atc:u his fig F:.nartync nt about Decea.aibc r -''a, 1943. I hzve been informed th t 71r. 7'•rien agvin 71-cfcrc the ioi.... _ o+.": --.Ly v* 19448 with - 1�3ns F�At:l. iA g7liLutiai ti ?iC.i ?C' "B re; c r i 1,17 the Board as being unsatisfuctory. Trued ,i.r thi'=t t :is iniori Fation in 4,hat you desired# I a rcuxin•, Very truly yours, lktrtin Lawlor ` . x Building Inspector i , 'r s''' Z 0 P Y i '2 �oR/d/Ns% us December 13, 1944 lftr4ee Mahoney, Esq. Bay State Building Lawrence, Maws. -Dear Mr. Mahoney: Pursuant to our telephone conversation of recent date regarding the matter of Mr. Briendon Railroad Avenue in forth Andover, Massachusetts, I wish to inform you of the following facts. When Mr. Brien was in the process of buying this old house he went to the Planning Board in forth Andover and talked with someone whose name at the present time I do not recollect. This mast, according to my u7jderstanding, was an engineer connected with that department or the buildings department in the Town. Mr. Brien, before purchasing, told this man' ftat he intended to do with the property namely, convert it into six or eight small apartment, and Brien in turn was given the "Green Light" as it were to proceed, providing that the demensions of the building and the outer structure were not changed. Accordingly, with this in mind Mr. Brien purchased the property and proceeded to remodel the interior of the building, but before he had proceeded very far the Board of Selectmen called him in and inquired upon whose authority he was remodeling the building. Mr, Brien informed them as above stated, and then I communicated with the Board of Selectmen. Mr, Brien was then asked to produce a plan or sketch specifying the repairs that he intended to make. This he did. However, the Selectmen' demanded that an architect's plan be submitted to them which would cost Bir. Brien about $250.00. As he has already spent over $4000,00 on the property, it seers unreasonable to alsk him at this time to spend that much money as he cannot afford to do so. Repairs he intedds to make would be sufficient. I forgot to inform you that it is my u#derstanding that Mr . Brien was given a permit originauyy, and that after he had begun the repairs the permit was revoked, I have tried to give you an outline of this case such as I understand it, and it seems unfair to me that the Board of Selectmen should stop the continuation of the remodeling at this late stage. I shall appreciate anything that you may do regarding this matter, and I assure you that I will co-operate with you in any way you may suggest, Very truly yours, (signed) Paul R. relay t A a�' PRF:6MK s . L _u �� a BACIGALU PO,AISNER&SALISBURY COUNSELLORS AT LAW J II BEACON STREET - BOSTON 8,MASSACNUSETTS PRASE REP lY TO: ARNOLD H.SALISBURY,2"-°` CAPITOL 1511 LAWRENCE OFFICE A.AI 500 CENTRAL BUILDING SIDNEY SNER ,JOSEPH F.BA IGALUPO LAWRENCE21 12 Lawrence , Massachusetts March 29 1945 North Andover Board of Appeals North Andover,, Massachusetts Attention: Charles We Trembly, Esqot Clerk Dear SirE Re : Alfred Brien 429 Railroad Avenue North Aiadever, Massachusetts Enclosed herewith are the following documents and plans: 1) Mr. Brien' s application, for variation from the requirements of the zening ordinance relAtive to the above address (in duplicate) . S) Copy of the _refusal of the Building Inspector to issue Mr. Brien a permit for the proposed alterations4 a copy of such refusal is attached to each copy of the said application. 3) One original traoing-cloth drawingsand three prints on paper of the same,- showing the -information re- quired by your "Rules and Regulations for the Submission of Appeals to the Board of .Appeals dated May SF 1944-e- Please reeerd our appearance for, .Mrq, Brien in the matter of the above application, and notify ua of sny date set for hearing the same. : Very truly yours;. BAC IULUPO, AISM 8c SALIUMM By( AHS/a ks u,{, n •tf. P � Y�-'"aF h , � HP :w � r ,� F i ...� �.. c •o I ti:,� � , i ..&fig '# .,.( ai *re'x. kpril 10, 1946 . C/'o ;',: . i :::Lupe , r:ien,^r & SnIlsbury 60(' Contral BulldJvg t,n ,rrence, ?.iapistachunotts lei Aptll.1utinn for rnrl tirr from the rerr.ire-c',A-• of, tl o wcnir;; ordli,r­ce In 'forth 1ndovcr Yr' ar A rlir, tir;. for r> vt;n2vtac:, 1'p ±,.: *C+ , irOr;ev+ ts i:i ]-jor '_0- C' ii'2lCC to yG'% Y@C .t'!,?e + � sorder , .uZl. 'n`.-_ r a i'.. 'tfA ;.. I A )defiit® o enortment , and tht3 Boord rorinest 0#i'ri i to TtZ2C,,, C j r i Y: +i- ` ,a, ore ro,.ci,,I Io entortr:ir, VA cpplAc >ti ori 1?Ien pen ,r7 a•n.n*y*•, r ,,-, ,. I d ( ,..r C m,"T rail C i } y ���Naxry9� • o � r�'�:�pOA►OIt,�T'� 6:g t F4 APA/671911 H 3t� 1855 ; '• sacriuse, ti►► •r+y� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building Inspector or other authority. APPLICATION FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant- J13XXS& Z j'&"'" Address- 429 yy�R-al l m 11d 1' dmat THE BOARD OF APPEALS: Application is hereby madl��Fa##'4an iAh " of W1 028 11 of the Zoning Ordinance. Premises affected are situated on the North South East Westl=a[ . side of Ral�rei ad " _ eet distant from the corner of q �V Street and known as 1409 Description of (Proposed (Existing) Building 1. Size of building: feet front: t deep. Height: 0 stories: 30 feet, 2. Occupancy or Use: (of each floor) _ 3. Zoning District: 13W. Date of erection- 5. Type of Construction: (check one) Iatnnna_II 111 6. Has there been a previous appeal, under zoning, on these premises- 7. Description of proposed work or use !to external avowwast int `v e 8. The principal points upon which I base my application are as follows- 3 d. �� � iglil9 d0jinm co ratims by the Building In_aMtOr I agree to pay for advertising in newspaper and incidental expenses. BACIGALUPO, AISNER & SALISBURY 6&1, v .�rw Counsellors at Law knire of responsible applicant 500 Central Building ` Lawrence, Massachusetts 3: I l Notices sent to: Names: Addresses: I F — s i t5Y r2, Ij e Ifay 2, 19" I** Brien I rat un the permit for the spartmeata on Rai lro ad Avo because tke stouinlg lav +mss not permit a.partment$ Int that vection. of the. . i ( signed) Martin Jo lavlor Build in insp ator f, BACIGALUPO, AISNER & SALISBURY Cos»seilurs at Law a 50c) Central Buiidinill Lawrence M a ssachusetts j BACIGALUPO, AISNER & SALISBURY COUNSELLORS AT LAW CENTRAL BUILDING LAWRENCE. MASSACHUSETTS LAWRENCE 210t2 ARNOLD H. SALISBURY, 2D BOSTON OFFICES, JOSEPH F. BACIGALUPO SUITE 527-530. 11 BEACON STREL`T SIDNEY A. AISNER - CAPITOL 1511 1512 July 91 1946 I Board of Appeals North Andever, Massachusetts Res application of Alfred Brien, 429 Railroad avenue, North Andover, Massachusetts, for a spoeial permit or the granting of a variance from the Zoning Bylaw of said toren so as to permit the use of the building at said 429 Railroad avenue as a multi-family dwelling Gentlemen: We the undersigned; being the owners of land abutting upon the premises owned by Xre Brien, and above described, request that his application for a varianoo from the Zoning By«Lae', as above described, be granted. jf vS$ Y�if 1 S 'AV+S M }'v •fAAa� C�' ve'sf5 y1 t BQARD OF APPEALS }rh { FF A copy of the decision and. a copy of the idotioe together Frith one of the plans was sent to Alfred° Brien . 0o Arnold ,Salisbury J 3 6 Essex Street r � LL Lawrence , lass, l r "`_ _ T 1 s 4k s, - - 'A" *A Al s � t r r3 5 i � �yS 1855 .•�,�`. kk gCHus TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building Inspector or other authority. APPLICATION FOR ION FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant- Alfred Brien Address. 429 Railljoad gvenue. TO THE BOARD OF APPEALS: Application is hereby made or Brom the equirements Of WAS le II Fla et On + of the Zoning Ordinance. Premises affected are situated on the�N�oortth South Fas es g side of 8ailroad Aqe. *¢fit; set distant from the corner of re®na°a ret ee ��e t e Stpeet"and known as NUMBER 4$9 Esilrclad Ave] 7e, Strr . Description of (Existing) Building 1. Size of building- 124 feet front. 30-45 feet deep. Height- 8 stories: 30 feet. 2. Occupancy or Use: (of each floor)_ reeddentiatl _ 3. ZoningDistrict 8ener8l jWfe hurled Date of erection 19O'T 5. Type of Construction: (check one) IStacca II III 6. Has there been a previous appeal, under zoning, on these premises: yes - ase below 7. Description of proposed work or use: internal remodeling of building into aight kitchenettes, so-called, of three or four rooms each 8. The principal points upon which I base my application are as follows- On anly 9* 1945, s }tearing was bad by this Board mon the applicant' s petition for s variation from the town aox4ng ordinance to permit-him interasllyr to remedel the building in question so as to constructe.�.gj" ki.tchenattes, , so-called, of three or foar rooms each. ft duly 16, 19459 this Board unanimously voted *to grant the variation as petitioned.' (see Decision. I agree to pay for advertising in newspaper and incidental expenses. $ver a&Ud 6� Signature of responsible applicant dated Jw1y 211, 19451• Your applicant's intention at that time was, and now ls, if he way be permitted so.to do, to remodel said building, without chmgLug its external aypearenee, by constructing seven such "hi.tchenetteh* J AMiti " that portion of the premises which he himself intends to acoupy: as remodelled, the builbtng will house eight families ineiudina k SM, The building inspector of the town has refused to issue a permit for the contemplated construction,, upon the round that the order of this Board, following said decision, and dated July 21, 1945, authorises him to issue a permit only for remodelling resulting in seven such "kitchenetteso" Your applicant now respectfully petitions that the Board`-s said decision may be amended, in due form, to allow him to proceed with the construction work bersinbefore described, ♦ plan of the affected premises, heretofere filed with the petition already referred to, is in the possession of the Board, Notices sent to: 11 Names: Addresses: i M RdFUSAL OF BUILDIRa INSPBcxox ��temleear 84„ 1945. Uro Alfred Brien, O 429 Railroad Avenue, North Andover, Mossechusetta• Dear Sir t• I hereby rsfaee to issue to you & permit for Interna' 17 aremodolling the promises at 429 Hallroad Av+r=*# resulting in living quarters for jjjM d etinot family unitts, Including lour oem, upon the ground that the notice of decision of tho Board of Appeals, dated July 81, 1945, authorises NO to Issue a pormit for the construction Of ALTA "kitchenettes% sty-Called. Very truly yours# hui3ding In *tar Town of Nor Aver• �yORTy !F. APRIL71y ib� �,iqq•.�,•,•ISS5 q� aACHU5�.I^� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE July 2. 19 45 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover,_ on Monday evening,, July 9, _ 19 45, at_9__o'.clock, to all parties interested in the appeal of Alfred Brien requesting a variation of the Zoning Ordinance so as to permit. (A) the issuance of s permit_or (B) the granting of a variation for the internal remodeling of a building at number 429 Be#rdtbad Avenue in said Town 'so that there will be seven ( 7) "Kitchenettes" =q%=t&k=so called, of three Qr four rooms each.__ By Order of the Board of Appeals. Charles W, Trombly, Clerk Oversized Maps on file with the Town BACIGALUPO. AISNER & SALISBURY COUNSELLORS AT LAW CENTRAL BUILDING - LAWRENCE, MASSACHUSETTS LAWRENCE 21012 7ARNOLD 20 BOSTON ORFICES. O - TSUITE 527-530, 1f BEACON STREET tlo. , 1945• CAPITOL 1 a 1 1 1512 Horth Andover Board of Appeals, Attention Charles H. Trembly, Clerk, Bay State Building, Lawrence, Massachusetts. Re : Alfred Brian, Application for Variance from Requirements of zoning ora e• -..y Dear Sir: This win serve to confirm our telephone conversation of last Thursday, when the writer suggested to you that, if possible, the advertised notice regarding Hr. Brien's appli- cation be worded broadly enough to allow the Board of Appeals, upon its hearing of the sums, to grant either a permanent variance from %90 coning ordinance, or a special permit under Article v, section 1 (e) of the zoning bar-low. As we wrote you ander date of dune 5, 1945, it is our desire to legalize lir. Brien' s use of his premises, if the Board fools that use should- be validated, as quiet as possible, and that, failing to persuado the Bard of its power tog�ant a permanent variance, we should like to have considered the question of the issuance of such a special permit. However, we feel reasonably confident that at the time of the scheduled hearing we shall 'be able to indicate to the Board that it has jurisdiction, under G. L as 401, section 30, as inserted by Stat. 19331, o. 1699 section 1, and as smanded, to grant his application for a permanent variance if it finds the facts to be in accordance with the regairements of the inner paragraph numbered 3 of said section The case of Brackett v. Beard of A , 3n Hass. 52 (19921 , which you have e# ed to us as bearing upon the question of jurisdiction, does not, we submit, indicate any lack of power on the part of the Board to grant a permanent variance from zoning regulations. That case merely decides that, under the facts then presented to the Board, its finding that "practical difficulty or unnecessary hardshi " existed was not warranted, There are numerous cases in which, upon facts warranting a finding of these elements, the power of a local board of appeals to accord an applicant the right to a nonconforming 'doe, upon a petition for a variance, hue been upheld. See, for example. H vs 69 (1931 �d��` a�c�.oes Beard of gnnval, 1Sb Mass, 177 (1926) . H n ." Be , 257 sa. 446 1926) , Marinelli v. B a , 2 os. 3, } _ dune t, 1945. 42. ) and AMM e. Bo9Xj of &MgAjja, 283 Masao 45 (1933) . Moreover, the very wording of Airtiole VI, sections i (d) of the Zoning By-lom of North Audover implicitly suggests the powers of the board. in such a Dass as this, since it provides, in sabstance, that permanent variatlex shall be made "as provided in general Iaws, ehVter 40, section 30m, Said section, 30 has not, since 1903, dealt Ott amendments to zoning by-laws as such, but rather with the poster of a beard of appeals to grant variances, we need not point out to you that said by-law was enacted in 1943, w that its mantlOn of said sedition 84 must be taken to have reference to the pester of a local board of appeals to grant variances in zoning regulations,, rather than to the amendment, as such, of each ordinances and by-laws. In any event, we should Uke to have the earliest possible opportuc.ity of submitting $9 the Board our position that it is within its pvao r to pass favorably upon B,r. Brier's appli- oetion for a variance, ma►d therefore mak* our present request as to the latitude of lavage to be employed in the published notice of the board' a ac kedsle& hearing of the queptiM, Thanking you for your courtesy to us in c onnec tion with this problem, we remain Very truly yours,. BdCI"I,UP01, tIS.N BALI3B E • d A02/S