HomeMy WebLinkAboutVAJDIC, JOHN John C. Vajdic
17 Harvest Road .
Reading,MA 01867
17 February 1989
Dear Board of Appeals:
I am requesting a variance to the side set-back minimum from 20 feet to 5 feet on the
Northwesterly boundary on Lot No. 6,Kara Lane for a new house that I am planning to build.
The covenant restrictions (Registry of Deeds in book BK1845 pages 184-186, attachment 1)
for this and other lots in the subdivision require that:
• "No dwelling shall be erected,placed,or permitted to remain on any lot unless it contains
a heated living area, exclusive of breezeway, garage, porches and basements, of at least
2,600 square feet."
• "It is contemplated that the design and style of each house to be erected on the lots will be
carefully selected so that it will not be identical to the adjoining houses; and on the other
hand, it will not clash with the adjoining houses by being too radically different from
them in design and style."
In complying with these convenant restrictions, I've selected a house style (attachment 2)
that should compliment the subdivision. I've located the house with a front set-back, back
set-back, and the Southernly boundary side set-back that meets the zoning ordinance for
residence 3. However, the Northwesternly boundary side set-back of 5 feet violates the 20 feet
minimum.
I truly have a hardship in this case since it is mathematically impossible to place the proposed
house with the front parallel to Kara Lane as other houses in the subdivision are situated and not
violate any of the set-back requirements. However, the set-back variance which has the least
impact to the homeowners in the subdivision would be the side set-back on the Northwestemly
boundary. The Northwesternly abutting property is a 50 feet strip that may be used in the future
for a two-house access driveway which is part of Lot 3. An agreement was made between that
land owner, John E. Carter and Raymond B. Agler, that Lot 6 would have exclusive rights for
landscaping and locating a driveway on the 25 foot strip which abuts Lot 6, Kara Lane. This is
stated in the Purchase and Sales Agreement (attachment 3) and the deed (book 2864 page 7,
(attachment 4). If this 25 feet is added to the 5 feet side set-back requested, as shown by the plot
plan (attachment 5), then the effective side set-back is 30 feet which meets the zoning
requirements.
Thank you for your time and consideration in this matter.
2_/1 te6:9
J hn C. ldic, Owner
of 6,Kara Lane
811845 E
1.84 PAoz�crivE aov�srv►rrrs
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A. ama:0o1offX n Plynn, of Boxford, Essex County$ Mn whoetta, ami Alfred
Reap Thwt the �qty, New llempshire, Trustees of Muskabby
Y . being Donets of certain parcels of land in North Andover,
Meas&dKesetts situated of the southerly side of Use Lamer.and shown an a plan
entitled "Definitive Subdivision Plaero, Kara Drive" dated.koro 8, 1983, revised
o Pa G/ November 309 19839 Andover Consultants Inc. which plan is recorded at North
Essex District Registry of Deeds as Plan #934, do nereby impose on said lots
the following restrictions for the benefit of said lots now awned by us, in
ao order to promote the development of a fine, attractive and desirable residential
neighborhood, which restrictions are intended to run with the land. I
1. The Promises shall be used for residential purposes only73
. : I,
'l. No bui
lshall be erected, placed or permitted to remain on any lot .
otharithan one aic s•family dwelling, with private garage for the exclusive use
of:the occupants the dwelling an said lot and the usual outbuildings and
structures appurtenant thereto. . - w
3. No dwelling shall be erected on any lot unless it is provided with a
closed garage for at least two motor vehicles. Garages may be either attarhad
to ori under dwellings.
4. No dwelling shall be erected, placed or permitted to remain i any lot
unless it contains a heated living area, exclusive of bneezewsyr, garage, porcim
and basements, of at least 2600 square feet.
5. It is contemplated that the design and style of each house to be erected
on the lots will be carefully selected so that it will not be identical to the
adjoining hales; and, on the other hand, it will not clash with the adjoining
hales by being too radically different from them in design and style.. To this
end, prior to the erection of any buildings on any lot, the exterior elevation
plans and the specifications affecting the exterior of such building, together
with a plot plan of the lot, sharing the location of any such building; shall be
submitted for approval by the owner or purchaser to the grantors or tog a.person
or committee designated by them by a writing duly recorded in North Essex District
Registry of Deeds. Such approval stroll be in writing aril endorsed on copies of
said plans or specifications to be retained by the grantors, shall notlbe un-
reasonably withheld and shall be given or denied within 21 days of receipt of e
plans,by the grantors or their designated agent. The provisions of this pees
graph'shall cesse to apply to any lot on which a house hes been constructed
pursuant to an approval by the grantors or their designated agent, or as to which
a certificate of compliance, as provided in paragraph 6 hereof, hes been recorded.
Approval under this item will include, but not be limited to, dwellings out
structures, landscaping and fences..
U. A certificate Signed by the appropriate persons (as get forthlin the
previous paragraph) and acknowledged and recorded in said Registry of Deeds
shall be conclusive evidence of any facts therein recited, including, but not
limited to, the approval of any plans, specifications, area, cost or other matters
required by these restrictions to be approved by the grantors, and of complete
coli ca with all restrictions herein contained.
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. .�.......:,: .B H 18 4 5-4. s
7. In the event that the grantors are satisfied that the developnenC:oF the t
"granted premises has been caapleted, and that the purposa of the restrictions have
been satisfied, so that the provisions in these restrictions requiring approval e
are no lon&er necessary, they shall execute, aclmowledge and record in said
Registry of Deeds, a certificate W thaC effect and thereafter asry ptovisia�s j 1
hereof requiring approval of plans and specifications shall to longer be in effect. s
. B.' No eanmercial; soxiow or offensive.activlty''s}vill be�earried on oa any I•
lot nor shell anything be done thereon whialt is a violation of tar ar otdinannce
or which is ar may became a nuisance to Che seighborluood._.
9. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any part of the lots except that dogs, cats or other household pets mmi�yy
be kept, provided that they are not kept, bred or maintained for any camercial•
purpose.
10. No lot shall be used or maintained for outdoor storage of material or.
as a dumping ground for rubbish. Trash, garbage or,other waste shall be kept
only in sanitary containers. All incinerators or other equipment for.the storage
or disposal of such material shail.be kept in a clean and smnitary:condition.
11. No structure of a temporary character, or louse trailer shall ba erected
or permitted to remain on any lot. t
12. Trucks or other cosmereial vehicles shall not be left standing an any
streets or lots on the granted prenises except for delivery purposes. No portion
.of may lot or of the streets on said premises except the driveway and garage area
shall be used for the regular overnight parking of vehicles. i
13. Any dwelling shall be completed within one (1) year from the date of
the commencement of erection thereof, and the lot on which it is situated shall
be seeded, landscaped msd.provided with walks, driveways and sod to the front and
sides of the dwelling to the dwelling's rear line, all prior to the expiration
of said period._
14. In the event that any house on the granted premises is damaged or de-
stroyed by fire, work shall be ca mesad to restore it to habitable condition or
to raze it within six (6) months from the date of such destructiou. 'Jf the re-
construction of such house does not commence within 6 months after said damage,
or destruction, the grounds shall be kept landscaped, the lawns shall be kept i.
neat and trimmed and the excavation shall be covered or fenced in by means of a
finished and attrpctive fence or other suitable temporary barrier.
m
15. No sign of any kind shall'be displayed to the public view on any lot
or in any street or way on the granted premises except street signs, signs in-
dicating the name and/or address of the occupant of the premises on which it io, :
situated, are sign of not more than five square feet advertising the property an
which it is located for sale or rent, or a sign used by builders to advertise
the property ming the construction and sales period.
16. Except as provided in paragraph 5 hereof, these restrictions shall rum
with the land and shall be binding on the parties and all persons claiming under
them until January 1, 2014, after which time said covenants shall be automatically
extended for successive periods of ten (10) years unless an instrummut'signed by
the majority of the then cows of the lots comprising the granted premises has
been recorded in said Registry of Deeds agreeing to change said covanuants in .
whole or in part, or to eliminate them.
shell be+r 1S6 OwLty�against EMOCCO Moi of these to p It lav or 1A
My Pte► or pasaau violating �attetg'tieig to viola any
comments, either to restrain violations or to recover damages, at the election
Of the Pusan comeming such psacesdings, in tors may institute such prow
ceediogei and if they should fail to do so, any lot ower may institute such
proaesdings as are necessary to enforce these restrictions. i
18. Invalidation of
she>1 �� +ueY of these restrictions by julgment �court otder
and effect. MY affect any of the other provisions which shall remain in force
j
Executed as a sealed instruimnt this 30th day of July . 1984.
i „
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aph . F yexe sas.L_
AlMed A.�Shaboo
OO)!•fMMALM OF MASSAMEITS I .
Fasex* ss. ( V u/yY
MM lxrsonauy appeared the above evened Joseph L. Flypo'and Alfred A. Shaboop
and achaidrledged the foregoing to be their free act sod deed' before as
My cc mission'axpires
Recorded JU7 3191984 at 3837n 714154
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T-F-m
' A3
PURCHASE AND SALE_AGREEMENT DRAFT RAFT
I . Parties . This L�day of October, 1988, JOHN E.
CARTER and RAYMOND B. AGLER, both of North Andover, Essex County,
Massachusetts , hereinafter called the "Seller, " agrees to sell ,
and JOHN C . VAJDICorf Reading, Middlesex
County, Massachusetts, hereinafter called the "Buyer, " agrees to
buy, upon the terms hereinafter set forth, the following
described premises :
2. Description of Premises . The land , situated on the
Easterly side of Chestnut Street, in said North Andover, shown as
Lot 6 on a Plan entitled "Subdivision Plan of Land Located in No.
Andover, MA" , dated March, 1988, and recorded with the Essex
North District Registry of Deeds as Plan No. 11109 , a portion of
which is attached hereto and marked Exhibit "A" . Said Lot 6 con-
tains 26 , 217 square feet of land, more or less , according to said
Plan.
3 . Buildings , Structures , Improvements , Fixtures .
Included in the sale as part of said premises are the trees,
shrubs and plants presently growing or standing thereon.
4 . Title Deed. Said premises are to be conveyed by a
good and sufficient quitclaim deed running to the Buyer, or to
the nominee designated by the Buyer by written notice to the
Seller at least seven (7) days before the deed is to be delivered
as herein provided, and said deed shall convey a good and clear
record and marketable title thereto, free from encumbrances ,
except
(a) Provisions of existing building and zoning
laws;
(b) Such taxes for the then current tax period as
are not due and payable on the date of the delivery of such
deed;
(c) Any liens for municipal betterments ;
(d) All easements, restrictions and rights of way,
if any, of record to the extent the same are now in force and
applicable, provided they do not substantially interfere with the
construction and occupation of a single-family dwelling on said
premises ;
(e) Easement for exclusive use , for the benefit of
Lot 3, shown on said Plan, as more particularly described in
Paragraph _�3__ hereof.
5. Plans . If said deed refers to a plan necessary to
be recorded therewith the Seller shall deliver such plan with the
deed in form adequate for recording or registration.
6. Registered Title. In addition to the foregoing, if
the title to said premises is registered, said deed shall be in
form sufficient to entitle the Buyer to a Certificate of Title of
said premises, and the Seller shall deliver with said deed all
Instruments , if any, necessary to enable the Buyer to obtain such
Certificate of Title.
7 . Purchase Price. The agreed purchase price for said
premises is One Hundred Thirty-Nine Thousand and 00/100 ($139,
Dollars, of which 000. 00)
$ 13, 900.00 have been paid as a deposit
this day and
$125, 900.00 are to be paid at the time of
delivery of the deed in cash.
$139,o00.00 TOTAL
8 . Time for Performance- Delivery of Deed. Such deed
is to be delivered at 10:00 O'clock A.M. on the 22nd day of
December, 1988, at the Essex North District Registry of Deeds, ✓
unless otherwise agreed upon in writing. It is agreed that time
is of the essence of this Agreement.
9 . Possession and Condition of Premises. Full
Possession of said premises free of all tenants and occupants,
except as herein provided, is to be delivered at the time of the
delivery of the deed, said premises to be then (a) in the same
condition as they now are, reasonable use and wear thereof
excepted, and (b) not in violation of said building and zoning
laws , and (c) in compliance with the provisions of any instrument
referred to in Paragraph 4 hereof.
10. Extension to Perfect Title or Make Premises
Conform. If the Seller shall be unable to give title or to make
conveyance, or to deliver possession of the premises, all as
herein stipulated, or if at the time of the delivery of the deed
the premises do not conform with the provisions hereof , then any
payments made under this Agreement shall be refunded and all
other obligations of the parties hereto shall cease and this
Agreement shall be void and without recourse to the parties
hereto, unless the Seller elects to use reasonable efforts to
remove any defects in title, or to deliver possession as provided
herein, or to make the premises conform with the provisions
hereof, as the case may be, in which event the Seller shall give
written notice thereof to the Buyer at or before the time for
Performance hereunder, and thereupon the time for performance
hereof shall be extended for period of thirty (30) days.
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11 . Failure to Perfect Title or Make Premises_ Conform.
If at the expiration of the extended tiie,'
e, tSeller shall have
failed so to remove any defects in title, deliver possession, or
make the premises conform, as the case may be, all as herein
agreed, then, any payments made under this Agreement shall be
forthwith refunded and all other obligations of all parties
hereto shall cease and this Agreement shall be void and without
recourse to the parties hereto.
12 . Buyer ' s Election to Accept Title. The Buyer shall
have the election, at either the original or any extended time
for performance, to accept such title as the Seller can deliver
to the said premises in their then condition and to pay therefor
the purchase price without deduction, in which case the Seller
shall convey such title.
13 . Acceptance
_
of Deed. The acceptance of deed by the
Buyer or his nominee as the case may be, shall be deemed to be a
full performance and discharge of every agreement and obligation
herein contained or expressed, except such as are, by the terms
hereof , to be performed after the delivery of said deed.
19 . Use of Purchase Mone to Clear Title. To enable
the Seller to make conveyance as herein provided, the Seller may,
at the time of delivery of the deed, use the purchase money or
any portion thereof to clear the title of any or all encumbrances
or interests , provided that all instruments so procured are
recorded simultaneously with the delivery of said deed.
15. Adjustments . Taxes for the then current fiscal year
shall be apportioned as of the day of performance of this
Agreement and the net amount thereof shall be added to or
deducted from, as the case may be, the Purchase Price payable by
the Buyer at the time of the delivery of the Deed.
16. Adjustment of Unassessed and Abated Taxes . If the
amount of said taxes is not known at the time of the delivery of
the deed , they shall be apportioned on the basis of the taxes
assessed for the preceding year, with a reapportionment as soon
as the new tax rate and valuation can be ascertained; and, if the
taxes which are to be apportioned shall thereafter be reduced by
abatement, the amount of such abatement, less the reasonable cost
of obtaining the same, shall be apportioned between the parties,
provided that neither party shall be obligated to institute or
prosecute proceedings for an abatement unless herein otherwise
agreed.
17 . No Broker. The Parties represent one to the other
that neither has contacted any real estate broker in connection
with this transaction and each agrees to indemnify and hold the
other harmless from and against any cost, expense, liability or
other monetary damage arising out of or- occasioned by the suc-
cessful assertion of a claim for a real estate sales or brokerage
commission in connection with this transaction.
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18 . Deposit. All deposits made hereunder shall be held
by Glovsky & Glovsky as Attorney for the Seller, subject to the
terms of this Agreement and shall be duly accounted for at the
time for performance of this Agreement.
19 . Buyer' s Default; Damages . If the Buyer shall fail to
fulfill the Buyer' s agreements herein, all deposits made
hereunder by the Buyer shall be retained by the Seller as
liquidated damages, and this shall be the Seller' s sole remedy
for any breach hereunder by Buyer.
20. Notice. Whenever notice is given or required to be
given by either of the parties hereto to the other, it shall be
deemed to have been given, when in writing and mailed by cer-
tified or registered mail , return receipt requested, postage pre-
paid, to the party to whom such notice shall be addressed;
if to Seller to John E. Carter and
Raymond B. Agler
P.O. Box 757
North Andover, MA 01845
with a copy to Mark B. Glovsky, Esquire
Glovsky &Glovsky
Eight Washington Street
Beverly, MA 01915
if to Buyer to John C. Wewr---Vajdic
17 Harvest Street
Reading, MA O1867
with a copy to
or to such other address as either party shall have last
designated by like notice in writing.
21. Liability of Trustee , Shareholder, Benefici_arys_. Etc.
If the Seller or Buyer executes this Agreement in a represen-
tative capacity, only the principal or the estate represented
shall be bound, and neither the Seller or Buyer so executing, nor
any shareholder or beneficiary of any trust, shall be personally
liable for any obligation, express or implied, hereunder.
22. Warranties _and Representations. The Buyer
acknowledges that the Buyer has not been influenced to enter into
this transaction nor has he relied upon any warranties or repre-
sentations not set forth or incorporated in this Agreement or
previously made in writing.
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23 . Easement For The Benefit Of-- Lot 3. Buyer understands
-.-.....F_.� __ -------
and agrees that Seller's Deed shall convey the premises subject
to the reservation of a perpetual right and easement, for the
benefit of Seller' s remaining land, shown as Lot 3 on said Plan,
to use that portion of the premises which directly
r
Y abuts property
of Blake Realty, as shown on said Plan, being a strip of land
13. 93 feet wide and approximately 275 feet long (as if such area
were a part of said Lot 3) .
24 . Use of 50 ' Strip. Seller shall convey said premises
together with the benefit of a restriction over that portion of
said Lot 3 , being a strip of land 50 feet wide, parallel and con-
tiguous with the Northwesterly boundary line on said premises ,
which measures 239 feet, prohibiting use of the same as pedestrian 3+a-
and vehicular access and egress to and from any more than two
building lots , and fIurth- providing hall-use-.-reraT=-
a b e-e f f,tet s to , e e- - ---- d -1 -- -eve-�—s a=d -tr=p--tb—a 1-0 t r � /
as far from said �y
premise �s ,.� ,}. ,..., Sc-e eX
ktatT �"
25. Landscape Easement For Lot 6. Prior to the time Seller
sells said Lot 3, Seller shall cause to be prepared a Plan in
form suitable for recording, showing the location of the driveway
area over said Lot 3 referred to in Paragraph 24 above. Said
Plan shall also show an exclusive use area, for the benefit of
said Lot 6 , parallel and contiguous with said Northwesterly boun-
dary line of said Lot 6 and lying between the area of said drive-
way, as shown on said Plan, and said Lot 6 . Prior to the
recording of a Deed conveying said Lot 3 , Seller shall grant to
Buyer, or Buyer ' s successors in title, the perpetual right and
easement to use such portion of said Lot 3 for planting and main--
OIL R3
twining the same as a landscaped area.'' The provisions of thi p r o,a
Paragraph shall survive the delivery of the Deed. � y For.
26 . Variance. Seller understands that Buyer may apply for "r3'L 6
a Variance to said premises reducing the side and/or rear yard
setback requirements therefor in order to allow a dwelling on
said premises to be located closer to the side and rear lot lines b;r
of said premises. Although this Agreement and Buyer' s obliga-
tions contained herein is in no way contingent upon Buyer' s
obtaining such Variance, Seller agrees to cooperate with Buyer in
order to assist Buyer in obtaining the same. Such cooperation
shall include, at a minimum, attendance and verbal support of
Buyer ' s request for such a Variance at any Public Hearing or
Hearings with respect thereto. In no event, however, shall
Seller be required to expend monies or incur any cost in meeting
Seller ' s obligations hereunder. The provisions of this Paragraph
shall survive the delivery of the Deed.
27 . Construction of Agreement. This instrument, executed
in quadruplicate is to be construed as a Massachusetts contract,
is to take effect as a sealed instrument, sets forth the entire
contract between the parties, is binding upon and enures to the benefit
of the parties hereto and their respective heirs , devisees , executors ,
-5-
administrators , successors and assigns , and may be cancelled,
Modified or amended only by a written instrument executed by both
the Seller and the Buyer. If two or more persons are named
herein as Buyer their obligations hereunder shall be joint and
several . The captions are used only as a matter of convenience
and are not to be considered a part of this agreement or to be
used in determining the intent of the parties to it.
28 . Exhibits . All of the exhibits referred to herein
Ore annexed to this Agreement, are a part hereof and are incorp-
orated herein by reference to the same extent as if the contents
thereof were set forth herein at length.
C- l 20 (�$ (i1� (cl20bas
JOHN E_ CAR R, sell r N C. IUDIC, Buyer
0r..0. t a-
RAYMOND B. AGLER, Seller
I
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SEE DETAIL %A, GERRY S. d JOLINE S
AT RIGHT M. SILVA EXHIBIT "A"
37 ROGK RD.
MO. ANDOVEZ.3 MA, 01845
F.
Co l
-ABET G. R=33.,39' KARA LANE
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i SA LANE. P�zd=85°-52'-03"
=-;,A vhf S 03°-30'-31"E
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Ls 72.2p,
LOT G
210,217 S.F,
R �p.00 �OO:C,g� MaP 98A
\ o'
Z 6` _ N LOT 2192
DOUGLAS E. JR.4
�i .0 N KAT H LEEIJ W I LSOW
N 0 Q Q 92 BEVERLY 157:
90 NO. AWDOVE2,MA.
• $ �• 01845
N
MAP 98 A 0% �-
LOT G/67 1
ROSARIO L
BLANCHE L.CONSOLI
112 USAA LANE FORMER LOT LINE
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We, JOHN E. CARTER sad RAYMOND B. AGLER, both
of North Andover Essex
County,MassachusoM
for consideration paid,grant to JOHN C. YAJDIC
of 17 Harvest Street, Reading, Middlesex County, withuitclaim
Massachusetts q estnwaab _
tks#tntdcgtc
The land situated on the Easterly side of Kara Lane in said North Andover, Essex
County, Massachusetts, shown as Lot 6 on a plan entitled "Subdivision P194 of Land
Located in No. Andover, Ms.", dated March, 1988 and recorded with Ess4x 1144th
District Registry of Deeds as plan No. 11109, more particularly bounddd and
described as follows:
EASTERLY by Kara Lane, 123 feet;
SOUTHERLY by land of Douglas E., Jr. 6 Kathleen Wilson, as shorn on amid
plan, 194.21 feet;
EASTERLY by said land of Wilson and land of George G. 6 Caro1'C. 7'
Hathoway, Joseph S. h Denise L. McManus, Paul A. 6 Pdsels L.
Dougovito and Blake Realty, 811 ae shown on said plan, 794.70
feet;
SOUTHERLY by land of Gilbert 0. Rea, as shown on said plan, 13.99 feet;
WESTERLY by Lot 3, as shown on said plan, 821.96 feet; and
NORTHWESTERLY by said Lot 3, 239 feet.
Said Lot 5 contains 26,217 square feet of land, according to said plan.
The Grantors reserve for the benefit of their remaining land shown as Lot 3 on said
plan, the perpetual right end easement to use that
directlyabuts h portion of said Lot 5 which
e property of Blake Realty es shown on said plan, being a strip of land
13.93 feet wide and approximately 275 feat long, for all purposes for which said
5 land could be used if it were IS part of said Lot 3.
The Grantor conveys said premises together with the benefit of restrictions over
that portion of said Lot 3, being a strip of land 50 feet wide, parallel and
contiguous with the Northwesterly boundary of said premises (which measures 239
o feet), prohibiting use of said area for pedestrian and vehicular access and agrees
to and from any more than two (2) building lots and further providing that Grantor
shall locate any driveway which may be installed over said strip at least 25 feet
from said Northwesterly boundary line.
Said premises are further conveyed subject to and together with the benefit of all
easements, restrictions, rights of any and all other mutters of record, insofar as
the same may now be in force and applicable.
.ti
The full consideration for this deed is $139,000.00.
Pieces.....our.........hands and seal a thio........ . dray of.»... ._ec§ .._er.._..................19_..QS
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n E. Cart ........ __...............-
............................................................. [La•f a►..v a,L IR.....Cr lie
nd B er
..............................................I.........I................................
................................................................................._.,...........-_
the Qlamtxoalseallh of�fllsssaeilmsrlb
Essex, ss. December 28, 19 88
Then personally appeared the above named John E C rter and Raymond B. Agler
and acknowledged the foregoing instrument to be their r act d deed,before me
Ir0
e s „¢ rk B. sky ^.... a
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+� w ro L m •"'us""°"•'°"" une 22, 1995
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Received by Town Clerk:
n l'to t}
NORTH A�
TOWN OF NORTH ANDOVER, MASSACH�I�E�' s a 58-4"'1
BOARD OF APPEALS 19';/- rye ���_9 4kf- ?STO
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant ?otlyd G, QA?OlC Address 1"1 HAK4Q& e9 ftW��fi MA,
c31967
1. Application is hereby made:
a) For a variance from the requirements 'Of Section -7
and Table Z of the Zoning By Laws.
b) For a Special Permit under Section -7- Paragraph-7.3 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(s) numbered
LoT_(i_ IC>4CLA I gql�_^__Street.
b) Premises affected are property with frontage on the North { ,)
South ( ) East ( ) West ()Q side of _I� 14* 40
Street, and known as No._LO-r�p( S_RKf� LPrN Street.
c) Pxemises affected are in Zoning DistrictR-?, , and the premises
affected have an area of Z(crZ1-7__square feet and frontage of
�q0 _feet.
3. Ownership
a) Name and address of owner (if joint ownership, give all names) :
:oEIN C—, VA3'OL 1-1_h4Pr�L+lEici 1ZQRC-'±4_AIWE,
sow N
Date of Purchase J -ath- Previous Owner t2.P%q, awD ACI LEyL
b) ' If applicant is not owner, check his/her interest in the premises:
'JJA'Prospective Purchaser a16- LeseeOther (explain)
4'4 Size of proposed building:' T,4 _ front; 28 feet deep;
° Height?or21/2. ' stories; _feet.
a) Approximate date of erection:_
b) Occupancy or use of each floor:�LEStoF3�T�J4V
c.) Type of construction: wept/, ?L#"1Fo e^ PRRM N
5. Size of existing building: h)IA- feet front; NIi4- feet deep;
Height Nll� stories; NJR- fee-t'.
a) Approximate date of erection:_ ryfOA`___
b) Occupancy or use of each floor: NIA. ~
c) Type of construction: _tJIA_ _
6. Has there been a Previous appeal, under zoning, on these premises?
Na _ If so, when?_ NJA�
Description of relief sought'on 'this petition %j#YL,ANCt ,rovr, 5190
5>rt'-6AtK M�NiP+IVN� To S� 'ori wFST 1JClr ,P12 ,)ri0rKY
Deed recorded in-the Registry of Deeds in Book .. Page,_.7
'. Land- Court Certificate No. Book ' Page
he principal points upon which I base_my apglicatior: are as follows:
must be,stated in detail)
? Y F1AJ1 A ' N�FROStFiP IN TAt$ cASF SrNzt It` IS A4+r EMTICA-XCT
o C ' 70I�kL t}� oPo €0 .f t W>T�4 bA�T P&(ZA�L L r'
To K►4RA t_RaJ� of^I�Fr� Ho £< IN • rff et130�d1 �o�►c�
5rrQA-Lr-0 6N_0_ M*t .VIOt-ATC- _ Nl OF '�r}F spi•-mer- K�QV1vice"^f S„
agree to pay the filing fee, advertising in newspaper, and incidental
xpenses*
-4-b 6
Signature H Pet�tio, er s Y;v
very application for' action by the Board shall be 'made on a form approved
f-. the Hoard. These forms shall be furnishes) by the Clerk upon request*
ay communication purporting to be an application shall be treated as mere
Dtice of intention to seek relief until such time -as it 'is -made on the
fficiaL application form. All information. called .for by the form shall
furnished by the applicant in the mannar 'thereinvprescribed.
very-application shall be submitted with a list of'•"Parties In Interest" -
iich list shall •include .the petitioner, .abutters, owners of land directly
?posite on any public. or private street or way, and abutters to .the
3utters ;within: three hundred feet (300' ) of the property line .of the
atitioner' 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 Hoard of
�ery. abutting city or town.
:very application shall be submitted with' an application charge cost in
is amount- of •$25.00. - in addition, the petitioner shall be responsible `;
)r any-'and all costs involved in bringing the. petition before the. Board.
ic1L costs shall include mailing and publication, but are not necessarily,:
united to these.
Yery application shalt be submitted with a plan of land approved by the
)ard. No petition will be brought before the Hoard unless said plan has
.an submitted. Copies of the Board' s requirements regarding
request.'
•tached'hereto or are available from, the Board of App Pon
LIST OF PARTIES IN INTEREST '
Name Address
ZO*"_ E. C-AFTER �` . Rd��t+�a 1J 0 . Rri lE2 P,o;6cX'75'7�N.An►DovC� MR._
o%a 47.5,
RIo � 'g�htjC-AG r-aNSO�.t
1�2 L 5A L.ANE M.hNOOJtr_ MA
teo5R ;
00V6%L.AS Y_01VT%41_EbJ wtLS60 ?�'L SEIML-'y ST.) NtAN00V K. MA
GEI�r�'{ '�vl_1rJF SIWft i0; KARA URN• A'NGavEvt gyp,
•
3014n1 M4yLC lafT COAO`C B9 44,-SA -."rji�N.hn►ooJC'w VIA
A 6946 r_6p_� 14ArApw4y Z"� KA��. D2 N1 F3 C4 6
r4N0oJc`l�. noi8`tS
d
MtCoirEL 1>4t.t e?_
Z
KARA LANE
s, . SoS=30�31 ..
R ggoe 52.SOr
s3fTo=3Cr 47.1% �•
72 so'
.o
4
0
1 a y
o
'o
• o„
� a
s2�Fo r
•` �� N
C J
_. 10
r q
• L.T(o
`• , 2tv,2t7 so.
&oil AG.
• ?� loodf&C, .
O �
PUT of �s
LOT 3
PLAT PLAN e4sef4wT �► `a�
Eo R
SCALE: !�=20� LOT fo 0
ZOME: R-3
REs1l#Wc.E PoK- •�
MR Argo MRS
it Lo'1 ,4 KARA ..ANE
NC, r4a0oVEQ MA
DRAWN "
TOOW C. VkTD�� •
DATE -
pEBRVI}R'f 14� t•t89 .\
i C'la.Ri be flea RECEIVED
F nY a` af'or the N°RTH
°4 9 DANIEL LONG
. Eo ti TOWN CLERK
C; t ,�s notice o2 T °m NORTH ANUVER
c�atF ci ;s the TOwn p
pffice. of k
in the kt 19 1136 W
Clerk. �9SSAC HUS 4
TOWN OFT V
NOR H ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
John C. Vajdic * Petition: #45-89
17 Harvest Rd.
*
Reading, MA 01867 DECISION
*
The Board of Appeals held a public hearing on Tuesday evening March 14, 1989 and
April 11, 1989 upon the application of John C. Vajdic requesting a variance from
the requirements of Section 7, Paragraph 7.2 and Table 2, and a Special Permit
from the requirements of Section 7, Paragraph 7.3 of the Zoning Bylaws so as to
permit relief of side setback minimum to 5' on northwesterly boundry in order to
construct a dwelling on the premises located at Lot 6, Kara Lane. The following
members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle,
Vice-chairman, Augustine Nickerson, Clerk, William Sullivan and Walter Soule.
The hearing was advertised in the North Andover Citizen on February 23 and March 2,
1989 and all abutters were notified by regular mail. The original hearing was on
March 14, 1989. at which time it was taken under advisement.
Upon a motion made by Mr. Soule and seconded by Mr. Nickerson, the Board voted,
unanimously, to DENY the variance and Special Permit as requested.
The Board finds that the petitioner has not satisfied the provisions of Section 10,
Paragraph 10.3 and 10.4 of the Zoning ByLaws and the granting of this variance and
Special Permit would adversely affect the neighborhood and derogate from the intent
and purpose of the Zoning Bylaws.
Dated this 19th day of April, 1989.
BOARD OF APPEALS
4Frayl 5eiro, Jr.
Chairman
/awt
Nps REcErvlo
• DANIEL LONG
Any app^ai s'',a':I be filed •02��` s� T®WN CLERK
r• "��'" •� NORTH ANDOVER
within (20) cl?,ys after the iaas •'
date of fC.'. : c t''is Notice
Am 19 II ON
in the Office of the Town ToWN of NORTH ANDOVER
Clerk. MASSACHUSETTS
SOARD OF APPEALS
NOTICE OF DECISION
John C. Vajdic
17 Harvest Road
Reading, MA 01867 Date . . .AMU 19, _1989 , , , , . .. . .
Petition No.. . . . . .45-89. . . . . . . . . . .
Date of Homing, - -APr;L1 .11% .1989.
Petition of . . .Jobn. .C... .Vajdlr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pninisis affected . . Lot .6,.Kara .Lane. . . . . . . . . . . .. . . . . . . . . . . . I . . . . . . . . . : . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requireumte of Bee .Sectinn .7, Para. 7.2
and Table 2 and Special Permit of Section 7, Paragraph 7.3 of the Zoning Bylaws
so as to permit . . ... relief. of. side.setbackminimum.to. 5•'• -on northwesterly. •houndry
in .order. to. .construct •a•dwel-ling. . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . ..a. .
After a public hearing given an the above date,the Board of Appeals voted to DENY. . . . . . r the'
variance & Special Permit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Sign ,
Fra .Serio,, Jr.., • • airman. . . . .
. . .. • . . .Alfred .Fri?:elle, .Yi�g-cktairmag;
A ust'n cker C e
. .William Sullivan . . . . . . . . . . .
Walter .Soule. . . .. . . . . . . . . . :. . . .
Bocrd of Appeals