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HomeMy WebLinkAboutPANTANO, KENNETH J Any appeal shall be filed wlthin (20) days after the +"� "'"am tt, date of filing of this Notice ;CH in the Office of. the Town Clerk. --- TOWN OF NORTH ANDOVER C= MASSACHUSETTS ' �E MAIM OF APPEALS NOTICE OF DECISION Date Octaher..15.. 1.9.91 . . . . . . . . Petition No.. . .168-90. . .. .. .... . . . . Date of Hearing. .octoher .8,. 199.1 Psatltiion Of . .Kenneth J. •and. -Karen. M.• •Pantana . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . .57. .Davis. .Street. . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . I . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .Section.7.. . . . . Paragraph. 3. and .Table. •2 -of the. Zoning. B.ylaw.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit existing. garage. to. .remain. .1.2-14.fee.k .trom. side .yard. $et�ack.. . . .,: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . : the . . . . . . . . . . . . . . . . .variance. . . . . . and hereby authorize the Building Inspector to issue a pelznit to . .Kenneth J. -and •Karen.M.. Pantana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed r '��//�� Frank Serio, Jr.�Cliairman -- William Sullivan, Vice-Chairman Anna O'Connor John Pallone Louis Rissin . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . ... Board of Appeal. Any appeal shalt be filed within (20) days after the P date of filing of this Notice in the Office o_f. the Town •� '-' Clerk. - �.► os TOWN OF NORTH ANDOVER va r" MASSACHUSETTS Co Aclf T BOARD OF APPEALS W 9K so * Kenneth & Karen Pantano * Petition ; 168-90 57 Davis Street North Andover, MA 01845 * DECISION * The Board of appeals held a public hearing on Tuesday evening, October 8, 1991 upon the application of Kenneth and Karen Pantano requesting a variation of Section 7, Paragraph 3 and Table 2 of the Zoning Bylaw so as to permit an existing garage to remain 12- 14 feet from side setback at 57 Davis Street. The following members were present and voting: Frank Serio, Chairman, William Sullivan, Vice-chairman, Anna O'Connor, John Pallone and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 25, 1991 and October 2, 1991 and all abutters were notified by regular mail. Upon motion by Mr. Sullivan and second by Mrs. O'Connor, the Board voted unanimously to grant the variance as requested. Voting in favor were Mr. Serio, Mr. Sullivan, Mrs. O'Connor, Mr. Pallone and Mr. Rissin. The Board finds that granting of variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 15th day of October 1991. BOARD OF APPEALS Frank Serio, Jr ' /101- chairman Cchairman rReceived by Town Clerk: Al 1 'TOWN OF NORTH ANDOVER, MASSACHUSETTS Daniel A. Hayes, Jr. , Esq BOARD OF APPEALS (508) 475-1300 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE I Applicant Kenneth J._& Karen M. Pantc2 q Address 57 Davis Street, NQ. AndQW.T1 I 01845 1. Application is hereby made: XXXX For a variance from the requirements of Section 7Paragraptl .3 and TabLo 'jr 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 I Building Inspector or other authority. ' 2.'X a IX Premises affected are land X *and building(s) X_numbered 97 Premises affected are property with frontage on the North ( ) South M East ( ) west ( ) side of Davis Street, and known as No.__57 MOM Xc)X Premises affected are in Zoning District _ , and the premises !XXNX affected have an area ofdESL square feet and frontage of 66.67 feet. + 3. Ownership Xa)X[ Name and address of owner (if joint ownership, give all names): XXXX Kenneth J. Pantano and Karen M. Qantano ` Date of Purchase09/0 91 Previous owner EMprasad_and ally Sa4itry b)' If applicant is not owner, check Lis/her interest in the premises: __Prospective Purchaser �_Lesee _Other (explain) Size of proposed building:__ front; feet deep; n ' Height stories; a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: S. ' Size of existing building: 20 --- feet front;_45 _feet deep; Height T�,,>;__stories; Z.L�Ccet. " i a) Approximate date of erection:_ b) Occupancy or use of each floor:_Residential c) Type of construction: Wood Frame Dwellina _ + +- 6. Has there been a previous appeal, un,lr.r zoning, on thcne prmnincs?. Yes If so, when?��31f84, Petition Number 25-1984. 17RDes6ri tion of relief sou ht on 'this ''" F P 9 petition Variance from Section ' 7 Para�ra�i 3 and Table II df the_North•And&-ver c toning py=Law ao' e,a to an ex3 tii1� g rg$e' to rg�g�ii 12-14 f �h g B.•'.: Decd recorded in t e c s c of Deeds in Ooo !TM t" W Li rd ,- ,Land.Court Certificate No. Book Page .. The principal points upon which*1 base,my application are as follows: •.e ` • (m(ist be,stated in detail) •.��;•' •:: See attached Addendum One. `Ji : Z agree to pay the Pilin ea, vectis' g n s per, and incidental expenses* a� ? Daniel A.• Hayes, Jr., —, ure o 1ki ergs -a- Attorney for Kenneth J. Pantano and Karen 2 Pantatio t ; Every, application for' action by the Board shall be made on a form approved by, the Board. These forms shalt be furnisher( by the Clerk upon request. Any communication purporting to be .an application shall be treated as mete ' 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. 1 ,•Every-application shall be submitted with a list*of'"Fatties in Interest" . 1whicih list shalL include .tile petitioner, abutters, owners of Lnnd directly :opposite on any public or private strecE or way, and abutters to .the ;abutters ;within' three hundred feet (3001 ) of ti:e property line of the '.peti'toner 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 tl:e city or town,. and the planning Board of .;every. abutting city or town. '*Every application shall be submitted with an application charge cost in y :the amount- of $25.00. In addition, the petitioner shall be responsible `'. r., ;,.• ;for any- and all costs involved in bringing the petition before the Doard. , t'(I rt' SuclLcosts shall include mailing and publication, but are not necessarily: , �'(� ) ' limited to these. t�:9 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' • :N been submitted. Copies of the Board's requirements regarding plans are ' attached*hereto or are available from the Board of Appeals upon request. y( LIST OF PARTIES IN INTEREST b Use A/C>C r t Addendum One The Applicants are recent purchasers of the property located at 57 Davis Street, North Andover, Massachusetts located in a R-4 Residential District. The mortgage plot plan obtained by the applicants reveals the garage to be fourteen (141 ) feet from the sideyard instead of the required fifteen (15 ' ) feet pursuant to Section 7, Paragraph 3 of the Zoning By-Law and Table II . The home and the garage have existed on the lot since the 1940 's and pre-date zoning and would be pre-existing non-conforming structures if not for the fact that this lot was subdivided on May 31, 1984 into two lots The survey plan recorded in 1984 for the two lot subdivision indicates the garage to be fifteen feet from the sideyard (See Exhibit "B") . The recent plot plan drawn by Howard C. Buttrick, R.L.S. indicates the garage to be fourteen (14) feet from the sideyard (See Exhibit "A") . A re-check of the distance indicates the sideyard to be from twelve (121 ) feet to fourteen (141 ) feet from the garage. The Applicants require a variance to make the property conform to the Zoning By-Law of the Town of North Andover since the garage appears to be one to three feet short of the required sideyard setback. The prior owner's plot plan (the Sastry's) did not indicate the garage setback as a violation when they purchased it in September of 1988. This Applicant feels that given the fact that the garage as build pre-dates zoning; that a survey did show the garage to be fifteen (15) feet when the lot was subdivided (i.e. three engineers have come up with three different measurements for the garage sideyard) ; the Applicants are correcting an existing problem which dates back to 1984 when a variance was obtained and the lot subdivided; and there is an apparent difficulty in determining the exact sideyard measurement due to the difficulty in locating the side lot line makes a variance necessary to resolve the ambiguity. The Applicants feel that this relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the purpose and intent of the North Andover Zoning By-Law. Moreover, a literal enforcement of the provisions of the By-Law would create a financial hardship for the Applicants if forced to move the structure. LIST OF PARTIES OF INTEREST 'SUBJECT:RR0PERT�Y MAP JPARCEL LOTNAME JADDRESS 56 1 2 Kenneth J. & Karen M. Pantano 157 Davis St. Andover. m 0184! ABUTTERS. MAP PARCEL LOT NAME ADDRESS 56 3 John & Linda winning 55 Davis St. I N 0184! 56 4 Jerone & Dorothy P' is 51 0184! 56 5 Kenneth & Rnnda Southworth 4 0184! 6 Peter & Katherine Rovinsk' 0184! 56 7 Paul & Susan Dobson 0184! 56 8 'cbael & Margaret Drummem 27 Davis S1 MA 0184! 56 1 James & Maureen Wilkonson 69 Davis St. , NAndoverp mA 0184! 56 15 Sable Family 59 Lincoln St., No. Andover 0184' 56 16 Terrance & Justine Joyce 55 Lincoln St., No. Andover, 0184! 56 17 Thomas & Barbara Driscoll 51 Lincoln St. No. 0184! 56 19 James T. Early, Jr. MA 0184: 56 20 Walter Curran/Bar Toml' No. 018 56 35 Salvatore & Mildred 2orr's ' 30 Davis Street No. 018, 56 36 Allen & Marie Furneaux 01& 56 37 John & Rita Martin 018 56 38 rn 54 Davis St. No An 018, 56 39 Robert & Arlene Ritter62 Davis St. U& 56 14 St. Paul's Church 398 Main St. No. ver 01B, 56 40 Eu & Nicole 63 Davis St: _No. Andover. M4 018 70 . 28 Arnold & Barbra Phi.lbriek 83 Davis St., No. Andover MA 018, 70 29 Elizabeth Bohne 73 Davis St. No. Andover M4 018. 70 30 Elaine 33-35 Lincoln St. No. Andover _.011, 70- 31 J 31 Lincoln St. No. Andover 0.18 70 32 Elaine Leavitt 25-27 Lincoln St. No. Andover Ol& 56 40 Richard & S McDcnael7 : 63 Davis St. No. Ando 018 Exhibit "A" , t 71skE VIfF.q �pK 14 DA VAS .S 7840E 7' PLAN OF LAND Based at my knowledge,Iaformotion a bell all Icertify IN that tha'y{wi//rwyy on these premises ie located NORTH ANDOVER conforms and that it.� location conforms to the Zoning By-haws of The Town of ScoleliInch•30 Feet North Aodava, Moss, when constructed 5eptdm6er 5,/99/ Howard C. ft neodtng,ck, lasso certify that the premises shown are not In the 620 Franklin St ReMass.aSpeclal Flood Hazard Area as shown on the Federal This tope survey,cerlificallons and Emefgenay Management Agency Map of the Town plotplanoremadefor mortgage of North Anatvvar, Mass.-Community purposes only for the use o1 Identification/Panel Number• �SO09B-00058 Main Sfrear< Ados-t5a5s Ce, Effective Dole$ #lane /6, !983 Plan Referseee+ w Eiasx Worth !ti'a9.of O�eads R/e07Rb T9 1 '�'9a:C0 R rcoarty lines ono set acs ,r shown ore not the result of as Instru- ment survey and are not to be ussdto establish property lines on the r40 �.•..rw-- ' ..—�..�..,...CT�.7..—.—sem—� .-�` �' -•--"..�a�.S.7 "�' .* Aw IMQ tc 14, •rl ti+�--1. 3G� �a ;a to-e - O - ti 1 ro v �.