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HomeMy WebLinkAboutPATRACONE, JOYCE NORTH • O�Yi,�ED Ib qyO }� Any apn�,,al s' aI be filed i f P vtyaEn 1118Nov 15 111 03 AM in the Office of the Town SACNUSEt Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Ms. Joyce D. Patracone trustee, Branman R. T. Petition #97-88 % McGarry Law Offices 401 Andover St. * DECISION N. Andover, MA 01845 The Board of Appeals held a public hearing on November 10, 1987 on the application of Ms. Joyce D. Patracone, Trustee, Brahman Realty Trust requesting a variance from the requirements of Section 4.123(18) and Table 1 of the Zoning ByLaw so as to permit professional offices on first floor with no reduction in number of residential units in remainder of building on the premises located at 90 Sutton Street. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice- chairman, Walter Soule, Raymond Vivenzio and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 24 and October 1, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Rissin, the Board voted to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions 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 ByLaws nor will it adversely affect the neighborhood. Dated this 18th day of Novermber, 1987. BOARD OF APPEALS Frank Serio, Jr. Chairman I jawt aAl 1 i «dVtJ�Tydttt . �\ • �♦ A UI this l..lil.2 Its. McKt�+ i� in the Oiice of, the Town +... 1555 � Clerk. ciius• NOV G3 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Ms. Joyce D. Patracone Date . .NpYeMer. 1EG. AW. . . . . . . 90 Sutton Street Petition No.. . . .97r88. . . . . . . . . . . . . Date of Hearing. .November.10,. .1987 Petition of . .Joyc,e. D. .Patracone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . Premises affected . .9.0 .Sutton .St. . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . Section 4.123, (18) and Table 1 of the Zoning ByLaws so auto permit . . . .prof esslonal-of£Iaes -on. f•ir•st•floor• -with. no •reduetion •in-aumbar• of residential.•unit-s •in•remainder•o£••building. . • • • • • • • • • • • • • • • • • • • • • • • • After a public hearing given on the above date, the Board of Appeals voted to . .GST. . . . : the variance as requested . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed _ Frank `Serio, Jr: Chairman' . . . . . .Aifr'ed 'Friz211e; 'dice=chairman' ' ' Walter 'Soule . . . . . . . . . . . . . . . . . • .Ra�orid '-nivenzfo • ' • • • ' • ' • ' • . . . . . . . . . . . . . . . . . . . . Louis 'R si' . of APpe M r ` vrb Received by Town Clerk: REM f - OWE` , — S NQSw_, ,,, 7„ SEP ZZ S' 33 187 M TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENT$ OF THE ZONING ORDINANCE Applicant Ms. Jo cg Q. PatracongAddress c/o McGarry Law Offices Trustee, Branman Realty Trust 401 Andover Street 1. Application is hereby made s North Andover, MA 01845- a) For a variance from the requirements 'of Section4.123 Paragraph and Table ' '1 of the -Zoning By Laws (18) 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 buildingnumbered 90 Sutton Street. b) Premises affected are property with frontage on the North ( ) South (x) East ( ) West ( ) side of`_ytQD Street , and known as No. 90 Sutton____ _ Street . c) Pxemises affected are in Zoning District R-5 . and the premises affected have an area of 7,069.9 square feet and frontage of 200 f eet . 3. ownership a ) Name and address of owner ( if joint ownership, give all names ) : Branman Realty Trust, u/d/t recorded at North Essex Registry of 1224, Page 579 dated August 1, 1973 Date of Purchase August 6, 1973 __Previous Owner 90 Realty Trust, John J. Shields Tr s o r/ /t er co de, b) If applicant is not owner, check his/her interest in she r 1hi, 19 g0- Prospective Purchaser Lesee Other (explain) f, 44 Size of proposed building:' front; feet deep; 0 .Height_ stories; _efeet , a-) Approximate - date of erection- b) Occupancy or use of each floor : c.) Type of -construction:.-- . _c 5. Site of existing building: 123 1/3 feet front; 57 3/8 feet deep; Height 4 _stories; 40rf ont feet. -52 ac a ) Approximate date of erection:___Qr nhPx,_L b) Occupancy or use of each floor: lst_Floor Professional Offices All other floors are apartments c ) Type of construction: Brick�� 6. Has there been a previous appeal , under zoning, on these premises? Yes _ If so, when?__�r October 10, 1967; Petition .15-68 January 15, 1968; .Petiiion 1567 X. s '7;t' Description of relief sought on this petition 'Variance for Professional t !' Offices o_n First Floor with no reduction in number of resi't�ieatial units in remain4i r of t building 8. . Deed recorded in the Registry of Deeds in Book `<i22Page 589 ✓ : Land. Court Certificate No. Book P�"a.•gan. ; ZThe principal points upon which I base ,my application are as follows: 1;; (must be . stated in detail ) ~ therefore, acting favorably on th s a lication would not •hehan e'anything,of create,any' ' ••• !, new con it ons. Furthermore, the use of the first floor as-professional offices doesn'•t detract from the appearance and the use of the building as,an apartment bUildia&t. ' I agree to pay the filing fee, advertising in newspaper, and incidental expense * netitio er toem, i .. 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. c'd 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 i official application form. All information .'6alled 'ifor by the form shall ;. t be furnished by the applicant in the manner ' �hereimprescribed . Every-application shall besubmitted with a list of ,submitted 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.'; 4'every, abutting city or town. .r. *Every application shall be submitted with' an application charge cost 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. ;•,. aI, 'Such costs shalt include mailing and publication, but are not necessarily;''•' , %I 'limited to these . •,•r�' Every application shalt 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 s� Name Address .+r• I - ; . •:.� Arbor Associates c/o Robert Biresak Assoc. •. }, , . � 4•Whitegate. Road, *Billerica, MA 01862 •�. Mazarakis Family Trust 226 Lawrence Road, Salem, NH 03079 .y. Alfred J.- DiSalvo 91 Beverly Street, North Andover MA 01845 � a Mr. and Mrs. John J. Faro 51 May Street, North Andover, MA 01845 Ms. Sherry Kent 68-70 Sutton Street, ,North Andover, MA 01845 Mr. and Mrs. Antonio Abate 100 Bay State Road, Methuen, MA '01844 ' BWRailroad 150 Causeway Street; Boston, MA p'''iit 1 • it North Andover Housing Authority Green Street, North Andover, MA 01845 •': 'necessary) (use additional sheets if it•• • • ' • ' • , .. M _- J • PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by five (5) copies of the following described plan: The size of the plan shall be 11 x 17, drawn to scale, 1 inch equals 40 feet; it shall have a north point, names of streets , o coning districts, names and addresses of owners of properties within a minimum of 200 feet of the subject property, property Y .lines and location of buildings on surrounding properties . The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified in the field and shown on the plan. The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances, .exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat, or natural condition of water, brook, or river , shall be shown on the engineering plan. When a variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted on the plan as such, and marked "approximate" . The plan shall be signed and bear the seal of a registered surveyor or engineer. Any plans presented with the petition shall remain a part of the records of the Board of Appeals. If living quarters are to be remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five (5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways , halls, doors opening .into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevations presented with the petition shall remain a part of the records of the Board of Appeals . For petitions requesting variation(s) from the provisions of Section 7, Paragrpahs 7.1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified ,by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s) , structure(s) , or building(s) were constructed prior to March •140 1977. 2. The petition is not to allow construction or alteration to the dwelling(s) , structure(s) , or building (s ) which will re- suit in the need for the issuance building of a 9 Permit. 3. The size of the plan shall be no smaller than 8 1/2 x 11 inches and must show the 'existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s) , structure(s ) , or building(s ) being conveyed. 4. Proper space is• provided on the plot plan for the Board' s signatures, as well as adequate space for the following information: date of filing, date of public hearing, and date of approval . 5....x,.. x.S^ T s._,[RFL-•n Rr.= ���'T ::.J �:�..t.w.. ••"ty+r-+� _ 3'J•:J:w �'7 e•9 .. LNrM•.. SJ- - .w^ 4rs. V._: +«.^wY- sw—'i✓ y/y�T �r:' fi S r ,.. � u ' _ } , .. �.''�rr .., '..':� _ 'L. '�.•.'� 1 ] t Y .`�, Y•�ln•`'M 6.'tRwT.l����r"4F'/L �bv .. :,.,:.. 1 c 'A Z 1 y' Mm fo liA s Inv Iz 3 d 'J c r � �• g, s Q `�`�� ( ti \J NJ liq c \Ix V! , �.