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Home My WebLink AboutBILODEAU, ELIZABETH T � h l id{ ,' 40RTH » be died TOWN OF NORTH ANDOVER Pny appeal d ys aitev t c e MASSACHUSETTS w,ethl akeo§{�tn�01 e owr 01 BOARD OF APPEALS n the �l{ice Clem' * Petition of: * Petition #: 55-87 * Elizabeth M. Bilodeau Parcel 1 - Lots 147, 148 * DECISION Parcel 2 - Lots 149, 150 * The Board of Appeals held a public hearing on April 14, 1987 upon the application of Elizabeth M. Bilodeau requesting a variance from the requirement Section 7, Paragraph 7.1, 7.2 and Table 2 of the Zoning ByLaw so as to permit construction of a duplex dwelling on each 9,000 square foot lot on premises known as Lots 147, 148, 149 and 150 Martin Avenue. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk and Walter Soule. The hearing was advertised in the North Andover Citizen on March 26 and April 2, 1987 and all abutters were notified by regular mail. Attorney Marsha K. Elias represented the petitioner stating that they wanted to build a duplex dwelling on each parcel, but that the petitioner was more than willing to abide by any conditions set forth by the Board of Appeals. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board VOTED to GRANT the variance as requested subject to the following conditions: 1. Only a single family dwelling allowed on each lot. 2. Prior to the issuance of a building permit, drainage plans for dwelling must be submitted to the Board of Appeals for review. Vote was unanimous, with Ms. O'Connor abstaining. The Board finds that the petitioner has satisfied the provision of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Dated this 21st day of April, 1987. BOARD OF APP ALS Frank Serio, Jr. /awt Chairman ` Received by Town C� c3rk rJ t9 �J TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REouriIEmENTS Of? rknE ZONING ORDINANCE I Applicant Elzabeth_14. Bilodeu -_ Address 71' Adams�venue -- No: Andover, MA 01845 1. Application is hereby made: a ) For a variance from the requirements 'of .Section 7 Paragraph - 1 & 2 and Table 2 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. Parcel 1 is Lots 2 . a ) Premises - affected are land x -and building(d ) numbered 147,148; Parcel 2_is Lots 149 & .150Martin_ 9kRft_*Jt:A Avenue. b) Premises affected are property with frontage on the North (x ) South' ( ) East ( ) West ( ) side of Martin Avenue _ Street, and known a!�x3H=xParc_el 1 is. LQts_147 & 148; >6&00MttXx Parcel 2 is Lots 149 & 150 Martin Avenue. c ) Pxemises affected are in Zoning Districth-4 , and the premises affected have an area of 9 ,00.0__5quare feet and frontage of 90 ,feet,., for each parcel. 3. Ownership a) Name and address of owner ( if joint owndti§hipp give all names.) :- . Eliza eth M. aL1odesu Parcel 1 5/23159 Domenic P. Gugliemino et ux Date of Purchase ce•l _z_- 7/. gPrevious OWnerSalvatore A. D'Agata et ux b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee other (explain) 4.� Size o.f proposed building:, tQ front,, 40 feet deep: Height 2 stories; 35 _�-feet . a) Approximate date of erection: 1987 or 1988 b) Occupancy or use of each floors ReStd.ential c ) Type of construction: Wood F�a�ne 5 . Size of existing building: none feet front; feet deep; Height stories; feet . a) Approximate date of eYection: b) . Occupancy or use of each floor:�r C ) Type of construction: 6. Has there: been a previous appeal , under : zoningi on these premises? no If so, when? 7'' Description of relief sought on this petition See attached memorandum PaiVel 1:gggg 42 8. Deed recorded in the Registry of Deeds in Book ',, 2: Page 43 Land Court Certificate No. Y�Book Page ' The principal points upon which I base my applicatign are as follows: (must be stated in detail ) : See attached memorandum ry I agree to pay the filing fee, advertising in newspaper , and incidental expenses* f. - _ • I '541 rsha K. as{ ttgrney Signature of PetitioerTS for Petitioner 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 applic4tion alhall be treated as mere -" ' ' notice of intention to seek relief until such time ,as it is . made on the t official application form. All information 'called for by the 'form shall . be furnished by the applicant in the manner �hereinliprescribed . ' h"' C 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 ' thr.ee 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 a every abutting city or town. "'`r•'' I *Every application shall be submitted with an application charge cost in , the amount of $2.5 . 00. In addition, the petitioner shall be responsible '.'_+ for any and all costs involved in bringing the petition before the. Board . .•. Such„ costs shall include inailing and publication, but are not necessarily,.-; '' .r limited to these . '£ Every application shall be submitted with a plan of land approved by the 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. LIST OF PARTIES "IN INTEREST ' Name Address Elizabeth M. Bilodeau 71 Adams Ave.,, Ni Andover, 1% 01845 Fk,rren C. & Viola C. Tomlciewicz 81 Adams Ave4, N. WQVerI MA 01845 Stephen R. & AnnMarie D. Manning 64 Martin Ave,. N. Andover, 1,Vk01845 Harold W. & Joanne E. Potter 59 Adapts Ave:{ N. MdQye7;, M 01845 Louis J. & John H. Pappalardo 82 Elm St.,. 14ed o $, P#� 02155 Lillian I. Carlson 27 Bacon Ave., N. Andover, k% 01845 Arthur A. Carlson 27 Bacon Ave.,:4j. Andover, MA. 01845 +w Loui-w J. & Bernadette L. Dubois 53 Martin Ave.,• N. Andover, MA 01845 r; Lite A. Fitzbiggons 63 Martin Ave:, il. Andaverr M41 01845 Harold C. & Grace McNutt 42 Martin AVe.; N. Andover, M, 01845 ` Michael L. & Mary Lou D'Amica 70 MartinAndover, PA 01845 ."A;. r I : tip (use additional sheets if'•necdssary) MEMORANDUM This is an application for a variance under the provisions of Article Seven, Paragraphs l and 2, and Table 2 of the Zoning ByLaw of the Town of North Andover, Massachusetts. The applicant is Elizabeth M. Bilodeau, 71 Adams Avenue, North Andover, Massachusetts. The site is located on the Northerly side of Martin Avenue in North Andover and consists of two contiguous vacant parcels of land of 9,000 square feet each. The proposed buildings will be a duplex building on each parcel measuring 60 feet by 40 feet. The site is located in a residence 4 (R-4) zoning district. Article Seven, Paragraph 1 requires minimum lot area as set forth in Table Two of 12,500 square feet. Each of the applicant' s parcels contains 9,000 square feet.. Article Seven, Paragraph Two requires minimum street frontage as set forth in Table Two of 100 feet. Each of the applicant' s parcels has 90 feet of frontage on, Martin Avenue. The applicant and her late husband purchased the 9,000 square foot parcel on the westerly portion of the site on May 23, 1959 . The applicant and her late husband purchased the 9,000 square foot parcel on ,the easterly portion of the site on July 20, 1959 . The couple purchased a home on Adams Avenue in 1958and Mrs. Bilodeau continues to live in the premises. Her husband died in 1972. The applicant is suffering, from a hardship insofar as when the- Bilodeaus originally purchased the site in question, they intended to retain the property as security for their -old age. Now that Mr. Bilodeau has died,. Mrs . Bilodeau must use the couple' s investment as an income. The specific site is an appropriate location for the duplex structures . There is a duplex building at 42 Martin Street abutting the site. Additionally there is another site abutting the property which contains a house on 4500 square feet. The structures would not adversely affect the neighborhood. Rather the development of the lots will be a benefit to the neighborhood by developing vacant land that can often become overgrown and a dumping ground. Additionally, development of the parcels would allow the applicant to pave Martin Avenue from Bacon` Avenue to the westerly lot line of the site. -2- There `-There will be minimal increase in vehicle traffic and the development of the parcels will be in harmony with the general purpose and intent of the ByLaw. The applicant requests that this memorandum be made part of the record of this hearing. Based on the information contained in.. the application, in this memorandum and in the oral presentation at the hearing the applicant requests that the Board of Appeals grant a variance to allow the construction of a duplex on each 9, 000 square foot parcel. Respectfully Submitted Elizabeth M. Bilodeau By Her Attorney, zle�x - Marsha K. Elias Sweeney & Sargent 316 Essex Street Lawrence, MA 01840 (617) 686-3918 As: cads :R �t'iceio E Oed !� 14 , a�1 be r tre TOWN OF NORTH ANDOVER egg L a ys \{X CAot`c� MASSACHUSETTS Rry `201 0{ t1s e o� date e p��c HOARD OF APPEALS `r tr 601- . NOTICE Of DECISION Elizabeth M. Bilodeau 71 Adams Ave. Date . .April .17,• 1.9L87 • • • • • • • • North Andover, MA Petition Na. . . .55-87. . . . . . . ... . . . . Date of Hearing. . .April .14,. 1987 Petition of . . . . . . . Elizabeth M. Bilodeau. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . Promises affected . . . .Parcel. l. .is.lots. .147, . 14-9 -and•Parcel•2-is. Lots•149•-and•150• Martin Ave. Referring to the above petition for a variation from the requirements of Jbff. . Section-7,• • . Paragraph .7..1. and .7.2. and .Table. 2. .o£ .the. Zoning. By,Law. • • • • • • • • • • • • • • • • . . . . . • so as to permit . . construction .of,a. duplex.on. each.9,000 -sq,- ft... -lot• • • • . . . • . . • . . . . . . . . . . . . . . . . . . . . . . I . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . y, . After a public hearing given on the above date,the Board of Appeals voted to .:Gi?ANT. . . . : the variance as requested and hereby authorize the Building Inspector to issue a permit to .Elizabeth M. Bilodeau for the construction of the above work, based upon the following conditions:. 1. Only a single family dwelling allowed on each lot. 2. Prior to the issuance of a building permit, drainage plans for dwellings must be submitted to the Board of Appeals for review. Vote unanimous. Ms O'Connor abstained. D Signed Frank Serio, Jr. , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Augustine Nickerson, .Clerk . I . . . . . . . . . . . I . . . . . . . . . . . . . . . . Alfred Frizelle, Vice-chairman Walter. Soule . . . ... . . . . . . . . . . . . . . . . . . . . . .. Board of Apple La� 12Q' l.e� l'1.�� .%'i ►22 Lor 17i I I i i 4 Arj' Lo I L"I 10 Lo I t q ADD `�,� 4'��0' f ► 1 1 PAQGYi LA '0 i 1 i 1 4-ry 4 r]i 4 moi' A-r2 i PLAN OF LAND BOARD OF APPEALS LOCATED IN Nog14 Asj utile 12 RO tl RE QUI D MASSACHUSETTS ____ Owned by DEED y` . >r�I zAP�� ►� til. c�►LofJ�aU — T Book 4�9P Page FOR VARIANCE To ALLOW DLII LpjkiCI PLAN • "5N sup -slzeo L.ojs No 40� DATE 2f - 8 WT4 io ` F-Z KlTAG{e Book a ;;;• Page xvY rol f Cid 1 -z SCALE ' �• �+�--gg--- °� BRADFORD ENGINEERING CO 0 P.O. Box 1244 James. W. BOUGIOUKAS R.L.S. # 9529 HAVERHILL MASS 01831 Tel 1 373 2396