The URL can be used to link to this page

Home My WebLink AboutMONROE, TYLER Receivedby Town Clerk: RECEIVED DANG TOWN CLERK WORTH ANfit3VER APR 25 �$$ TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 100 Foster' Street Applicant— Tyler Monroe _–_--_–Y�Address North Andover, MA 01845 1 . Application is hereby. made: 77EL . # a ) For a variance from the requirements 'of Section Paragraph and Table 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 –. -and buildings ) numbered 100 Foster Street ' _^ Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side Street , and known as No. _ ___ r'Street . c ) Premises affected are in Zoning District and the premises affected have an area of 75000 square feet and frontage of ' feet . ------ 3. Ownership a ) Name and address of owner ( if 3-int ownership, give all names ) : _-ED.S1:jeL—atr-2eti North Anc3nuAr.�Mn Date of Purchase n i t [.,_j_g_a___Previous Owner 70spnh R . Pai,1 b) • If applicant is not owner , check his/her interest in the premises : Prospective Purchaser Lesee Other (explain) 4 Size of proposed building:' 30 front; 40 feet deep; " Height stories;.. _feet . a) Approximate date of erection: b) Occupancy or use of each floor : Garage c.) Type of -construction:—Mood Frame 5 . Size of existing building:-- feet front;_ feet deep; Height---stories; a ) Approximate date of erection:.______ r b) Occupancy or use of each floor :_ c ) Type of construction:------- .6. onstruction: –_6. Has there been a previous appeal , under zoning, on these premises? No- If so, when?_ 7,' Description of relief sought on this petition Rgwiew and annullment of Building Inspector ' s decision, and validation of','Building Permit No. 448.. S. Deed recorded in the Registry of Deeds in Book1794 Page 133 '. Land Court Certificate No. Book -Page The principal points upon which I base ,my application are as follows : ,.(must be stated in detail ) 5,�;' , See Attached I agree to pay the fit ' fee, advertising in newspaper , and incidental expenses* ignature of�Petttio erer�s Reginal . Marden , Attorney for .Ty er Kur :be Every application , 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 .7 notice of intention to seek relief until such time sas it 'is on the official application form . All information called -for by the form shall . be furnished by the applicant in the manner " iherein: prescribed . Every-application shall bb 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 ccst 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. ::t, Such costs shall include mailing and publication, but -are not necessarily; 77 limited to these . ..;;,..; Every application ' shalt be submi.tted with a plan of land approved by the ;,z 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. i LIST OF PARTIES IN INTEREST ' Namd Address SEE ATTACHED dditional sheets ifnecessary) • (use a ' �.'' g . The principal points upon which I base my application are as follows: The applicant seeks relief from a decision of the Building Inspector dated March 22, 1988 (confirmed in writing by letter dated March 25, 1988; copy of letter attached hereto) . The decision of the Building Inspector purports to rescind a Permit to Build issued to the applicant on December 7 , 1987 (copy of Permit to Build attached hereto) . On December 7 , 1987 , the applicant was issued a valid and lawful Permit to Build by the then duly empowered Building Inspector. The permit grants permission for the applicant to erect a 30 foot by 40 foot wood frame garage on the premises owned and occupied by him at 100 Foster Street, North Andover. The proposed garage conforms in all respects to the provisions of the North Andover Zoning Bylaw. The Building Inspector, in purporting to rescind the permit, has not, and cannot, cite any zoning violation or building code violation. Apparently, the Building Inspector has decided that the size of the garage is such that it would be able to accommodate more than four (4 ) vehicles, and on that basis alone has instructed the applicant not to commence building the structure. The applicant believes that such a decision is improper and not within the authority of the Building Inspector. The Builder Inspector simply has no right or authority to rescind a permit where the proposed structure conforms in all respects to applicable laws and regulations . The Building Inspector has told the applicant that since the Zoning Bylaw permits the garaging of no more than four (4 ) motor vehicles per dwelling in a residential district, the applicant cannot build a garage which has the potential of accommodating more than four (4 ) vehicles . The applicant believes that the reasoning of the Building Inspector is patently wrong, and that his actions have exceeded his authority as the zoning enforcement official . There simply is no violation of the Zoning Bylaw, and therefore no basis for the decision. Wherefore, the applicant requests that this Board validate the Building Permit dated December 7 , 1987 (No. 448) . H:monroe LIST OF ABUTTERS OF RECORD FOSTER STREET Map. Lot Property Address Mailing Address ( if different from property address ) 104D 4 72 Foster Street Albert P. Manzi, Jr. Kathleen A. Manzi 104D 5 72 Foster Street Albert P. Manzi, Jr. Kathleen A. Manzi 104D 15 122 Foster Street Loring B. Foster Ethel L. Foster 104D 24 122 Foster Street Loring B. Foster Ethel L. Foster 104D 26 122 Foster Street Loring B. Foster Ethel L. Foster 104D 27 112 Foster Street David L. Young Shirley Young 104D 37 101 Foster Street Alphonse J. Bielevich li Mary S. Bielevich 104D 38 135 Foster Street Earl Foster 104D 48 87 Foster Street Virgilio L. Gigliotti Jean Gigliotti RECEIVED NORTh DANIEL LONG 02Ost„Eo m TOWN CLFFtK NORTH ANDOVER 41 JIM �1�4 �C 39�•,,..• `M 5 Y:GAcHUS e.10 TOWN OF NORTH ANDOVER o{ MASSACHUSETTS BOARD OF APPEALS Tyler Monroe * Petition #136-88100 Foster St. N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on June 14, 1988 on the application of Tyler Monroe as a Party Aggreived for a review of a decision made by the Building Inspector or other authority on the premises located at 100 Foster Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Walter Soule, Anna O'Connor and Lou Rissin. The hearing was advertised in the North Andover Citizen on April 21 and April 28, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Ms. O'Connor, the Board VOTED to GRANT the Party Aggreived and hereby authorizes the Building Inspector to reinstate building permit #448, initially issued on 12/7/87 for a 30” x 40" building. The following members voted in favor of this petition: Mr. Serio, Mr. Soule, Ms. O'Connor and Mr. Rissin. Mr. Nickerson voted in opposition to this petition. Dated this 16th day of June, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt i , RECEIVED DANIEL LONG tOWN CLERK i isas , pORTH ANDOVER oil TOWNOFNORTHAND OVER I( ASSAryHUSEUY �f a�� (,•rt 11 � _ F l r ,c `1• I10AW OF APPEALS NOTICE OF DECISION Tyler Monroe 100 Foster St. Date . June.16,• IM8. . . . •• • • N. Andover, MA 01845 Petition NO.. . . .136,88 . . . . . . . . . . . Date of Hearing• • June 14, 18.88 Petition Of Tyler -Monroe... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . . 100 Foster- -St,; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition 1. i I • -as •a•Party , • - Aggreived. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit review of -a decision -made- by -the- Building- Inspector• or -other- • • • - authority. pR .0e ,premises.located.at• 100 ,Foster. St.. „ • , • • , • After a public hearing given on the above date, the Board of Appeals voted to .Gid?. . the PARTY AGGREIVED . and hereby authorize the Building Inspector to 09#liilrW.reins.tate building.permit .initially. issued, .#448. .dated. 1217./.87. fox .a . . 30'x I c4 • . •Frank -Serio,• Jr:, •Chairman• • • • • . . . •Walter Soule. . . . . . . . . . . . ... . . . . . . . . . . . . . .Anna O'Connor. . . . . : . . . . . . . . . . . . . . . . . . .Lou. Rissin . . . . ... . . . . . . . . . . . . . .". . . . Augustine• Irkersony- C erk•-• opposed board of Appe