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Home My WebLink AboutTURNER, JUDITH • 3i��►P1+Il • •y. 1655 CN�7� ' TOWN OF NORTH ANDOVER 4 MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date : .gpril. .28, . 1950. . . Petition No.. .s0—t� Date of Hearing. .4r;il .14, . 1980. . Petition of . ,IUDZTH.A.. ' RN . . . . . . ._ . . . . ... . . . . . . . .. . . Premises affected 214.button .Hill. Mc . . . . . . . . . . . . . . . . . . . . . . . . . . . j Referring to the above petition for a variation from the requirements of the . . . . . . . ... . ... . . . . . North Andover .Zonng .B�'—haw; ;Sec. .7r3. .& Table:2 . . . . . . . . . . so as to permit retie#'. i'r.om .. After a public hearing given on the above date, the Board of Appeals voted to . .G . . . . . the . . . . Variance. . : . . . . . . : . :aftidlliDiiS33Zf L :W . . . . .. . . . . . . . . for the construction of the above work, based upon the following conditions: i y Signed i James D. Noble Jr. Actin Chairman . . . . . . . . . . . . ,. . . . ., . . . . . . .g . . . . .. . • I Richard J Tre anier Es . I 4 . . . • 1 William J. Sullivan,, Assoc.: Member , i Walte Board of Appeals u {F- Arnutr :fie • • iaas�; ••••CHUg TO WN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . .April .28, . 19W . . . . . . . . . . Petition No.. .?0--'80 Date of Hearing. .April. .1.4 a 19P . Petition of . . JUAZTIi.A.. :.MIFNW. . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . 214 Fitton .Hill. Rd.. . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . Tort.h,l ndover •2oninS .$y.-Law Sea't .7r3. & .Table 2 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . i so as to permit relief. from .ride. setbr,gk, mqui Tr mpr:k . . . . . . . . . . . . . . . . . . . After a public bearing given on the above date, the Board of Appeals voted to . .GAN?' . . the . Variance : . . . . . . . . . jw�: i5 TA7C . . . ... . . . . . . . . for the construction of the above work, based upon the following conditions: 4 Signed t James D. Noble Jr. Actin Chairman . . . . . . . . . . . I . . . . . . . . �. . . . .x . . . Richard J. Trepanierl .49... . . . . . . . . • Y7illiam J. :a''�z,llivan,__Assoc.. tdember , Augustine W� • Tickersgn, . ... . . . . . . . I Walt gr ,& .S$OVIP. . ..... . . . . . . r. . .. . . . Board of Appeals FQ APPLICATION FOR E OF PLAN BELIEVED NOT TO R1;QUIRE APPROVAL ` April 28 19 80 t To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determin&* tion by said Board that approval by it under the Subdivision Control Law isnot required, The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning Bye-Law and is on a public wayf namelyr Sutton Hill Road or a private ways namely being land bounded as follows: Nnr Pr1jL- Fig 4ni-tnn Nil 7 Dnarl -- Easterly: By Lot 61 n/f of William and Susan Kruger Southerly: By Land n/f Greenwood Associates mgt - 1W, By Tnt fiA n /f Aram 7 and Antone`tte Choollian 2. Title reference: North Essex Deedsl Book 1318 9 page 375; or Certificate of Title No. t Regist a tors Book * page " ; or Other: 0 * and deed from Aram J. and Antonette Chooljian to be recorded upon approval of plan. Received ApplicanMssgnature yc A' Dates. m' c ` Applic is address 214 Sutton Hill Road Anri niTcr Ma caanhn cct+s Time: T_ b y Si8patur *. Owner's signature and address if not the I � - - applicant. Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. 1, The North Andover Planning Board has determined that said plan does not require approval under the subdivision control laws and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined said plan shows a subdivisions as defined by G.L I a. fore mu be re-submitted to approval under the subdivision control lay. Very truly yours. NORTH ANDOVER PLANNING BOARD By Dates TOWN OF NORTH ANDOVER MASSACHUSETTS , u r -rn =--BO�'�,rD .OF 'APPEALS ;,,�,..:.•�� LIS NOTICE:NOTICE: This application must be typewritten. r `��i20 LD 7Z�2 APPLICATION FOR RELIEF FROM THE• REQUIRMENTS OF THE=ZONING ORDINANCE Applicant Judith A. Turner Address 214 Sutton Hill Road North An ovex, Mass. 1. Application is hereby made (a) Fora variance from the requirements of- Section 7 ,Paragraph -- 3 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 1 SU*W6*54 214 Sutton Hill Road, North Andover (b) Premisesaffected are property with frontage on the North South x East West side of Sutton Hill Rd. SUVA, and known as N0. i 4 Sutton Hill Rd �i�'cXk']$.�rX '-j (c) Premises affected are in Zoning District Res 3 ,and the premises affected have an area of 56,091 and frontage of 125 feet. 3. Ownership _ (a) Name and address of owner (if joint ownership,give all nwaes): Judith A. Turner Date of purchase May 6, 1966 Previous owner Sutton Hill Co., Inc: (b) If applicant is not owner, check his interest in the premises: Prospective purchaser lessee Other (explain) 4. , Size of proposed building: front; feet deep. Height: stories; `f—eft. (a) Approximate date of erection b Occupancy or use (of each floor (c) TyVe of construction 5. Size of Existing- Building: 85 feet front; 26 feet deep. Height ? -stories feet. (a} Approximate date of erection 1967 b Occupancy or use (of each floor): Residential dwelling with attached two car garage (c) Type of construction wood frame III 6. Has there been a previous appeal, under zoning, on these premises: NO If so, when 7. Description of relief sought on this petition: Petitioner seeks a variance to permit a side set back on the westerly side of her lot of only 16 feet. The Zoning By-laws require a 20 foot side set back. 8. Deed recorded in the Registry of Deeds in Book 1318Page 375 or Land Court Certificate NO. . Book Page . 9. -The principal points upon which I base my application are as follows: (must be stated in detail) a :j The dwell'' situated ori the ' lot wa con came to the applicant's attention that the applicant's Garage was only 16 feet frau the abtltti ntt Lpt iTnl a -,,.a a vagi ancp i a n g] the - 1 i A nt r ji 1 to 417 1 th1e rPci dence ar Gane A to cairn �a and car nn tr77M tha garage. These circumstanc�P ._affect this structure only and do no g nPrall . affec* the zonina district in which the ctnx-tijrP ig l nr•a+Prl r �i tPr l enforcement. �t ^f +hQ }n, 7 a,a will cause the applicant substantial financial and other hardship, ae ent fArth ahrr5� and the granting of the reliefreVested bV the Board Of Appeals will not either be a detriment totrie purpose o e zo I ag ee og pay°r or.� fiver air ng in ewspaper AT hiArd2ntal expenses. /� (Petitioner' s Signature) 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 by 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 information _ 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 owners of land within three hundred,- feet of the property line all 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 town and the planning board of every abutting city or town. Every application shall be submitted with an application fee sufficient; to cover the cost of postage of notice to all parties in ,in- terest. LIST OF PARTIES IN INTEREST NAME ADDRESS i IIS I .'ADD ADDITIONAL SHEETS IF NECESSARY. . Judith A. Turner Aram J. & Antonette Chooljian 214 Sutton Hill Road 224 Sutton Hill Road No. Andover, Mass. 01845 No. Andover, Mass. 01845 ,lames A. & Margaret M. Murphy Peter, Jr. & Kathleen M. Gabriel 240 Sutton Hill Road 245 Sutton Hill Road No. Andover, Mass. 01845 No. Andover, Mass. 01845 Mansour J. & Carmelina B. Shaheen Edmund W. & Eva Pula Sutton Place 211 Sutton -Hill Road - No. Andover, Mass. 01845 No. Andover, Mass. 01845 Martha Hananian Harold A. Jr. & Elena M. McElroy 39 Sutton Place 21 Sutton Place No. Andover, Mass. 01845 No. Andover, Mass. 01845 Richard & Ingrid E. Parish Daniel P. Jr. & Irene C. Crane 185 Sutton Hill Road 195 Sutton Hill Road No. Andover, Mass. 01845 No. Andover, Mass. 01845 . Angelo L. & Natalie C. Lostimolo Joseph D. & Ireme E. Quartarone 194 Sutton Hill Road 204 Sutton Hill Road No. Andover, Mass. 01845 No. Andover, Mass. 01845 Greenwood AssociatesJoseph C. & Ann Marie Nahil 300 Chestnut Street 180 Sutton Hill Road No. Andover, Mass. 01845 No. Andover, Mass. 01845 James E. & Mary A. Jones Edward N. & Mary Byron Burke 33 Greenwood East Lane 304 Chestnut Street No. Andover, Mass. 01845 No. Andover, Mass. 01845 Stanford W. & Anne M. Hays Arthur & Hazel Gould 2 Greenwood East Lane 294 Chestnut Street No. Andover, Mass. 01845 No. Andover, Mass. 01845 Harry D. & Linda Kaloustian Alfia & Allana M. Murabito Appledore Lane 33 Appledore Lane No, Andover; Mass. 01845 No. Andover; Mass. 01845 - Water E. & Gail S. Ensdorf Raymond A. & Judith A. Vivenzio 23 ,Appledore Lane 11 Appledore Lane No. Andover, Mass. 01845 No. Andover, Mass. 01845 Town of North Andover Donald R. & Ruth I. Kronenwetter Board of Selectmen 70 Sandra Lane 120 Main Street No. Andover, Mass. 01845 No. Andover, Mass. 01845 Layarus & Alice Pahigian Timothy J. Callahan 252 Sutton Hill Road 21 Hillview Road No Andover, Mass. 01845 No. Tteading, Massa 01864 Pierre A. Boulanger 22 Appledore Lane No. Andover, Mass. 01845 �F FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL April 28 lg 80 I To The Planning Board of the Town of North Andover:' The undersigned wishes to record the accompanying plan and requests a determi=1- tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is:.not required for the following reasons: 1. The division of land shown on the accompanying plan is not a subdivision because every lot shown thereon has the amount of frontage required by the North Andover Zoning By—Law and is on a public way, namely, Sutton Hill Road or a private way, namely, � being land bounded as follows: Northerly: By Sutton Hill Road Easterly: By Lot 61 n/f of William and Susan Kruger Southerly: By Land n/f Greenwood Associates ' Westerly: By Lot 63 n/f Aram J. and Antonette Chooliian 2. Title reference: North Essex Deedsp Book 13189 Page 375 i or Certificate of Title No. , Registration Book.9 pageL...; or Other: ; * and deed from Aram J. and Antonette Chooljian to be recorded upon approval of plan. Received' / a' Applicant's signature .Fh` REcf�vEO s , Date. MAYrn Applicant's address 214 Sutton Hill Road �• �F North Andover, Massachusetts w;.�.s Time: , Signator < �� Owner's signature and address if not the I �� applicant: � ` P Notice to APPLICANT/TOWN CLERK of Action of Planning Board on Accompanying Plan. 1. The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lawq and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said, plan shows a subdivision, as defined by G.L. c. 41t s. 81-L. and must therefore be re-submitted to it for approval under the subdivision control lax. very truly yours# NORTH ANDOVER PLANNING BOARD BY Dates a NORT,, O�ts�ao yipp 4 L i so cNus�` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 28, 1980 JUDITH A. TURNER =- 214 Sutton Hill Rd. Petition #10-180 Daniel Long, Town Clerk Town Office Building; North Andover, .a, Dear Mr. Long: A public hearing t,as held by the Board of Appeals on April 14, 1980 upon application of Judith A. Turner who requested a variation of Sec. 7.3 and Table 2 of the Zoning By-Law so as to permit relief from the side setback requirement on the premises located at 21�, Zutton Hill Rd. as shown on a plan dated March 13, 1980. The follow- inv members were rresent and voting: James- D. Noble, Jr., Acting Chairman; Richard J. Trepanier, F:>(j. ; and Assoc. Members, Augustine W. Nickerson, William J. Sullivan, %n : Walter F. Soule. T?:e hearing as :i=-'.tirertised in the N. A. Citizen on March 27 and April 3, 1980 and all abutters were daly notified by regular mail. The petition souAt to be granted a 16 ft. side setback as opposed to the 20 feet required. The petitioner -,re,3ented evidence that showed the house as-built was not only too close to the lot line but, in fact, a portion of the Turner residence was actually on the property of an abutter, Mr. Chooljian, 244 Sutton Hill Rd. The petitioner ar:d. :butter had both been under the impression that a stone wall between the two dw,llings ,ra the y)roperty line. The Turners and Chooljians worked out an agreement under which 'r. '�"hoojian would convey to the Turners a portion of his land under and arolu,d the Tllrn^.r :residence. To levy out a property line so that Mr. Choojian would rot be in violation of an;, zoning regulations resulted in the Turner request for a variance. There was no o; ,)usi.tion. After reviev-in.- cX. the evidence, the Board found that a hardship did exist in that t1W Turner j.•rap'art could not be conveyed as it originally stood, and still required 'urner Decision _2_ further relief after all other methods to rectify the condition were exhausted. The conditions,, y:f°ecting the parcel were unique to it and are not representative of other propert in the area. The grantinE of the variance would not differ from the intent and ♦ -:mese of the Zoning By—I aw in that the open space would be ntained. The ublic good would not be adversely= affected but would, in fact, be impro-�red ina~mu(:' as by legalizing the e.risting condition it would make the residence a : Viable property t'_ius maintaining the character of the neighborhood. On motion of `Iick-r on and second by Soule the Board voted unanimously to GRANT the variance as Tecaested. Vere truly ,-ourz, n ,RD OFAPP''' Jame D. Noble, Jr., ctinv Chairman JDA?:ab Oversized Maps on file with the Town