HomeMy WebLinkAboutBEDELL, MATHIAS c "*'TN
Rereived uy Town Clerk : + .•, ..,..'"
RECEIVED ► "s
Date : TOWN OF WORTH ANDOVER, MA91111fEsl�f,?�T5
BOARD OF APPEAh�CWN C l •Y°+,«ae.f r. .
Time RiH ANDOVER
Notice : This application br
shIII tbpv tten
APPLICATION FOR RELIEF FROM THE . REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Patricia Begley Address lq Annis Street
1 . Application is hereby made North Andover, MA
, (a ) FOxxacxotxpc:kxKzaxkxaaxkkmxxsqurxaxxx*xxstXIRZ#Alpxxxxxxx xxxxxxx
a"xTcadxkatxxxxxx= tx$:kgx$xx*itjgxili*x$axs.
- (b) For a Special Permit under Section -4� Paragraph.. 14 of the
Zoning By-Laws
( c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority ,
2 . ( a) Premises affected are land and building($ ) numbered
37 Waverly Road Street
(b) Premises affected are property with frontage on the North
Soutn ( ) East ( ) West ( ) side of
Street , and known as No. tregt .
(c) Premises affected are in ?oning • District R4 , and the premises
affected have an area of 6,431 square feet and frontage of
182 s:4%aite feet ,
3. Owncrshjp
( a ) dame and address of owner ( if joint ownership , give all names) :
Jack & patricia Begley
Date of purchase 12/13/85 previous• Owner Mary A. McGee
( b ) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee _;,Other (explain)
addition to
Q . Size of proposed building: 18 ft front ; 3,3;, ,, Tfeet deep ;
Height : 2_ 112_ stories ; lei-s hanf"et. .
35
(a ) Approximate date of erection ; Summer 1989
I Occupancy or use of each floor: Residential`
(c ) Type o construction : Wood 'frame
5 . Size of existiiig uuilding ; 18.5 feet front ; 40. 7feot deep ;
Height : 2 1/2 stories ;: feet .
(a ) Approximate date of erection : 1874
(b) Occupancy or -use of each floor: Residential'
(C) Type 6-f* 7coristrut"t�oii frame '
6 . Has there been a previous appeal , under zoping , on these premises? Yes ,� em„
If so , when? March 20, 1989
7, Description of relief sought on this Petition Reversal of decision of
j the Building Ins ector and in the Alternative S ecial geg44t
existing dwelling to a duplex
8. Deed recorded in the Registry of Deeds in Book 2096 Page 331 or
Land Court Certificate No. Book �Pa9e
The principal points upon which .I base my applicatign are as follows ;,
(Mus.t be stated yin details
See attached .Schedule A
, r
r.
ba e o pay for advertising in newspaper and incidental expenses*
Y
Petitioner 's Si nature
John J. Willis, Jr, tto Y for Petitioner
Sec. 1 APPLICATION FORM
Every application for action _by the Board shall be made on a form
approved by the Board. These 'forms shall be furnished byy 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. inm
formation 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 of the property
find 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 respon•
sible for any and all 'costs involved in bringing the petition before
the Board . Such costs shall include mailing 'and publication , put .
are not necessarily limited to these .
LIST OF PARTIES IN INTEREST
Name Address
(Use additional sheets if necessary)
ry
y
Nam Addr s
Thcmas M. & Donna M. Brennan 14 Sargent Street, No. Andover, MA
Irene G. & Walter J. Pawlick 18 Sargent. Street, No. Andover, MA
Frank H. & Elizabeth Wright 45 Waverly Road, No. Andover, MA
Eva M. Emerick 53 Waverly Pbad, No. Andover, MA
Gilbert W. & Josephine Cardoza 11 Sargent Street, No. Andover, MA
John & Carolyn M. Melvidas, Jr. 15 Sargent Street, No. Arrlover, MA
Ena Todd Bixby & William A. Tadd 29 Waverly Road, No. Andover, MA
Bernard D. Zelitch & Caroline Cole 26 Waverly Road, No. Andover, MA
Christins E. Hosking 247 Main Street, No. Andover, MA
Rodney A. & Barbara S. Macerjewski 46 Waverly Road, No. Andover, MA
SCi EUJLE i'A'-'
ViML ' 4
1. The applicant can demonstrate.that the lot involved in the
application was lawfully laid out, and duly recorded by plan or deed prior to
January 9, 1957. The applicant can further show that the lot in question .is
not adjoined by any other land of.the applicant which would be available for
combination with the lot. The lot therefore meets the exception provisions
under the North Andover Zoning By-law, under Section 7.8, Paragraph 1. Under
such exception provision, the lot may be built upon so long as it has a
minimum area of Five Thousand (5,000) square feet, and frontage of Fifty (50)
feet, and side yards are maintained at a distance of twelve (12) feet. A
duplex is an allowed use in an R 4 district. The construction proposed by the
applicant will occur within the setback requirements of the emotion
provisions of the By-Law, and will comply with the definition of a two (2)
family dwelling under the Zoning By-Law section 2.34. The applicant therefore
believes that the Building Inspector's prmi nation that the construction
proposed, requires a Special Permit under Section 4.122, Paragraph 14A and 18,
is incorrect.
2. If the Board of Appeals believes the Building Inspector to be correct
in his determination the applicant believes that she can show compliance with
the necessary provisions for the approval of the Special Permit under section
10.31 as follows:
a. The lot is located in an R 4 district and is in an area where
there are malty two (2) family dwellings as well as single family dwellings and
therefore the site is an appropriate one for the erection of a structure to
a0comodate a two (2) family dwelling.
b. The additional construction will be done in a workman like manner
and will blend with the other housing in the area, off street parking will be.
provided, and therefore the uses developed will not adversly effect the
neighborhood.
c. The uses developed will not create any nuisance or serious hazard
to any vehicles or pedestrians.
d. The site is serviced by water, sewer, and other public utilities,
and therefore adequate facilities will be provided for the proper use of the
property, as a two (2) family dwelling.
s
e. The applicant believes that the use of a lawful lot in'an R 4
district for a two (2) family dwelling is in harmony, and the general purpose
of the Zoning hay-Law as it is specifically an approved use for that 7�pning
District.
` Received by Town Clerk: RECCIVE9
DANIEL LONG
TWN NORTH 6OYER
,49 113
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS TSL 4 �
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
a
Applicantr,- 4rlcov 0u 14 �( ) Address 37 Wi4 e'e6z ep
1. Application is hereby made:
a ) For a variance from the requirements 'of Section Paragraph
and Table of the Zoning By Laws .
b) For a Special Permit under SectionV,,/2 Paragraph /4/ 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 L/ land building(s ) V/ numbered
3 Whyg-R-L"i– ' --------_—_Street .
b) Premises affected are property with frontage on the North
South ( ) East ( ) West ( ) side of Gt. /tIle 2C.Y
Street , and known as No.�_ '��f�q� /L[ Y D _ Street .
c ) Pxemises affected are in Zoning District , and the premises
affected have an area of ( gd- _square feet-and frontage of
feet .
3. Ownership
a ) Name and address of owner ( if joint ownership, give all names ) :
Date of Purchaselq$�Previous OwnerMR.Qy
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
4"4 Size of pre;posed building:' 3i/ --front, feet deep;
" Height 2 stories; -feet .
a ) Approximate date of erection.:
b) Occupancy or use of each floor :_i&5LDEhs€
c.) Type of construction: Qap�+
5 . Size of existing building:'JF# 6 feet front; q/ # 7 feet deep;
Height _stories;` z�feet .
a ) Approximate date of erection:—/,f 751 --�
b) Occupancy or use of each f loor :(�x� Qf1L '2��5/DE r
c ) Type of construction: 1ViV,0JFa/_y-'-�_ -
6. Has there been a previous appeal , under zoning, on these premises?
A0_ If so, when?
l
j)esciiption of relief sought on this petition r%FAdQlTeAl '01CZWQL�Z'�.c>
rbc 4#Wn 40-sl".4C_ McFavT Age .z!► gToTaC .at
Deed recorded in the Registry of Deeds in -Book "�age 3
Land. Court Certificate No. Book _ age
e principal points ;upon whichI base to,�( application ar as
ust be. stated in detail) 4Jj1L i4tds�at ,�p,e AVO I td� MWAZP,
�u TDAjA L /SIO df/7✓d' 7%,or ov144 Aorbor T rs,�- f"�►6.A�'��
�GCl�Atd�RR�"t � SAD ..'
Ti+LE t: to LL P Pi1TirTN+t� �- � r�.sl
ARQA►-1MME•WJ1: 77 0
rvt
AitTl t p'nATjaAS"$ALLY.sT mc,ar,& 7��zcMdf/9T.a�T DtUELL��r
,agree to pay the filing fee, advertisin'inCnewspaper, and incidental
gn •ure o -Pe tsor�er
-cry application for` action by the Board shall be -made on a -form-approved '--
• the Board. These forms- shall be furnished by the -Clerk_ upon-request.
y 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 ^ ..i
furnished by the applicant in the manner Aherein;:prescribed.
ery�application shall be submitted with a -list of '"Parties In Interest"
ich list shall •include the petitioner,, abutters.,, owners , of_.land directly
posite on any public_ orprivate street or way,- and abutters to .the
utters ,•within'- three hundred feet (300: ) of the property line of the a
ti ti over• as they appear . bn the -most recent applicable ,tax hist,
twithstanding that the -land of any such owner is located in another city_. , a
town, the Planning Board .of the city or town, . and the Planning .Board
ery. abutting city or town. r ��
M..
very application shall be submitted wi-th an application charge cost`
e amount- of -$2.5. 00. In addition, the petitioner shall . be responsible ti
r ziny• and all costs involved- in bringing the. petition before the; Board. ,x c l
ch,costs shall include ina ling and publication, but are not necesrsarily,
muted to.-these .;
cry application shah be -submLtted with a plan of land approved _by the -•' .�l
_ _ .7+:a
azd.__ ._ No petition -will be brought before tfie Board un3esaid--gin"=has s,
en submitted_ copies -of the Board's requirements xegardi_ng" plena
.t
tae?ied-hereto or are available f rom the Board of Appeals-upon request
Ll= OF ,PARTIES IN INTERMT -
_ drsesq
_ w
13ame '.�
P fu t e6t'a _ 37 ifIA ESE+/ -X
_r .,,,+--z-=awe
;�^�..�'�. _+1 iJ•OGG 1�lr��U �' _ �7 ��'�'!/Jb 1�✓F �I+P�'�i 'D/C�i'�i -•'.,.
.ii "�iu o cc.
���t1 •-�/.�d-D LC.2!�1�9i2D .�. a ..-_ .___ . .: ..�� f,�'gJQ/e� ��J
ADDRESS r _.
IME
. ' ��� 13 S 3•osE'P�+rN� �'t�2i�a'TiF� // Sle+¢GfwT ST Jr.�i+•- ..
"Taav &n�8 € tt1,LCtprr.�¢• av �-q 1�c3gE fi, M• l=.
jv.
wa �+ tis
FU7.#%C1►T tt 7' L/� �tJ vFreL D
♦
At
_1zV -
j IV6 1VAW S7*
v h
56
-
LIST OF PARTIES OF INTEREST
# PARCEL # NAME ADDRESS
/�' a i rrr�r u• �t ToS�PI+r►a C // 5,426ENT ST, ,q•
f �l �ontA —ronv ��x� td,[[�Ain �►. TDD
9-9 WAVEK�q R-De Iy, g.
1 5 _ FaANK LA wjec6Ar q5 wRVCRW 2D• 1v, A -
73 �'✓R /I WPVE2Cy Kj) . " A
_ JL 43 571- /=. 4.6 1116 z:�-Y7 IW,41AJ 57 N"#.
_ 3 0ERN,¢2 17 Ztr4/7-cf/ % e.4Rotw E GaLC a9`7 Gfloyr-Rell D.
Sl• h!. )9 .
My appeal shall be filed
110'"�?� within (20) days after the
date of filing of this Notice
R0P - +Y'ER `� "'"OLT" � in the Office of the Town
. Baas ;
APR 19 1127 AM '83 "°' Clerk.
T
TOWN OF NORTH ANDOVER
MMSACHUMM
BOARD OF APPEALS
NOTICE OF DECISION
Date 1. 14 , 19 8 3
petition No.. 15. -. .�.8 3. . . ... . . . .
Date of Hearing.AP.ri 1 11, 19 P.3
Petition of . . . . . . . . . MATHIAS. .BEAELL. . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . 5.7. Hetaitt. Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . .Zpning.Py.Law
Section 7.,. .Paragraph. 7. 3 and Table . ?. . . . . . . . . . . . . . . . . . . . . . . .
eo as to permit . relief. .from the. setback requirements to allow the con-:
. . . . . . . . . . . . . . . . . . . . .
tinued. ,use .of .a, .single family. dwelling. . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . GRANT : the
variance W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . .
Signed
Frank Serio, Jr. ., Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alfred E. Frizelle ,: .Esq.., Vice Chairman
WilliamJ. Sullivan .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Augustine W. Nickerson . .
Walter. ,E.. .Soule. .
Boord of Appeals
RECEIVED Any appeal shall be filed
T0:lj ; ,` within (20) days after the
N 0 R T w -.;.nV'ER �; date of filing of this Notice
APR � . ; Ciethe Office of the Town
�
AN $3 tis,,,.. . k.
s�cNus
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
April 14 , 1983
Mr. Daniel Long, Town Clerk Mathias Bedell
Town Office Building 57 Hewitt Avenue
North Andover, Mass . Petition No. 15-' 83
Dear Mr. Long:
, The Board of Appeals held a public hearing on Monday evening,
April 11, 1983 upon the application of Mathias Bedell. The
hearing was advertised in the North Andover Citizen on March 24
and 31, 1983 and all abutters were notified by regular mail.
The following members were present and voting: Frank Serio, Jr. ,
Chairman , Alfred E. Frizelle, Esq. , Vice Chairman; William J.
Sullivan; Augustine W. Nickerson; and Walter F. Soule .
The petitioner seeks a variance from the provisions of Section 7,
Paragraph 7. 3 and Table 2 of the Zoning By Law to allow the con-
tinued use of a single family dwelling which does not meet the
setback requirements. on the premises located at 57 Hewitt Avenue.
The petitioner testified that the dwelling was constructed in
1950 and when a recent plot plan was required by the bank for con-
veyance purposes , the setback violation was discovered.
Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson ,
the Board voted unanimously to grant the variance as requested.
The Board finds that each of the conditions set forth in Section
10 . 4 of the Zoning By Law have been satisfied. In particular, the
Board finds that due to the location of the structure on the lot for
several years with a slight deviation from the existing requirements
constitutes a hardship within the definition of the By Law. Said
variance will not, in the opinion of the Board, derogate from the
intent and purpose of the Zoning By Law.
Sincerely,
Frank Serio, Jr. ,
Chairman
jw