Loading...
HomeMy WebLinkAboutPHELAN, JAMES Any appeal sha'I be filed +_44-4t �_within ("a) d^ys after the 9 X91 EO .P A♦ date of fi,.ng, of this Notice ca 9SSApHUSin the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS James & Ellen Phelan * Petition #: 124-88 56 Milk Street N. Andover, MA 01845 DECISION The Board of Appeals held a public hearing on April 12, 1988 on the application of James & Ellen Phelan requesting a Special Permit from the requirements of Section 2, Paragraph 2.37.1 of the Zoning ByLaw so as to permit including an in-law suite in the construction of a single-family residence on the premises located at Lot 4A, Appleton Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on March 24 and March 31, 1988 and all abutters were notified by regular mail Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The premises be occupied by Margaret M. Phelan. 2. The Special Permit shall expire at the time Margaret M. Phelan ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises annually. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Dated this 14th day of April. BOARD OF APPEAL Frank Se io, Jr. " @' Chairman /awt 00 cry cc lob a- O crn 3:� •, -a `� o '1-: u.��r�. tm Any appeal shall be filed a .; i:,,tris: within (20) d^ys after the date of ii; n�7 of this Notice ~z TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION James & Ellen Phelan 56 Milk St. Date . . .April 14, 1988 . . . . . . . . . . . . . . . N. Andover, MA 01845 1.2.4.-88. . . Petition No.. . . . . . . . . . . . . . . Date of Hearing. April, 12.,: .1988. Petition of . James. F. E.l.len.Phe.lEtn. . . . . . . . . . . . . . . . : . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . Premises affectod . . . . . .Lot .4A.,. Appleton. .Sx,. . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . Referring to the above petition for a-S fwmVe requirements oftks .Sect .2, Paragraph 2.37.1 of the Zoning Bylaw so as to permit .including.in-law.suite. 3.n .const.ruction. of .single-%family. . . . . . . . . . ... residence. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to GRANT. . : the Special. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . and hereby authorize the Building Inspector to issue a Pwmt' to James &. Ellen Phelan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. The premises be occupied by Margaret M. Phelan. 2. The Special Permit shall expire at the time Margaret M. Phelan ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Cggrti tate of Occupancy issued pursuant to the Special Permit, grants to the r4wing Inspector or his lawful designee the right to inspect the premises annually� �� vy Frank Serio, Jr. , Chairman Avgustine' Nickerswf Clerk. . . . . . . . . . ' W;Uliam. Su1l van. . . : . . . . . . . . . . . . . . . . . Walter Soule . . . . . . . . . . I . . . . . . . ... . . . . . . . . . . . . . . . . . . Raymond Vivenzio . ... . . . . . . . . . . . . . Board of Appeals �{RyyE�CrSIVE,}y Ai�tF CTOWN + Clli\ date Gi t w 12 of PN in the 0iiice of the Town y9 .,,... I nm SSACHII`�E Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Gilbert Rea Petition #130-88 44 Rea Street N. Andover, MA 01845 * DECISION * * The Board of Appeals held a public hearing on May 10, 1988 upon the application of Gilbert Rea who requested the renewal of his Earth Removal Permit under Section 5 of the Zoning ByLaw. The land on which the site is located is the West side of Rea Street and the East side of Chestnut St. The following members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on April 21 and April 28, 1988 and all abutters were notified by regular mail. Mr. Rea requested that the Board issue a renewal of his permit which was originally granted on August 10, 1963. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED to GRANT the Special Permit under Section 5 of the Zoning ByLaw for one year with the same conditions as the present permit. Dated this 11th day of May, 1988. Sincerely, BOARD OF APPEALS Frank Serio, J Chairman /awt RECEIVED DANIEL LONG Any app-,al s'-2'I be filed ;3?.���►o�,�•� TOWN CLE `I.. APRILM [.i�,�ro WORTH gib R writhin � C) G.,. s alter Uhn,, f' 1888'x` date of lic i tits Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSEZ'i'S BOARD OF APPEALS NOTICE OF DECISION Gilbert Rea May 1988 44 Rea Street Date . : . . . . . . . . . . . . . . . . . . . . . . . . . . N. Andover, MA 01845 Petition No.. ,I30-88... . . . . . . . . . . . . Date of Hearing.May. 10, .1988. . . . . Petition of .Gilbert Rea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . premvsss affected West side of Rea Street & East side of Ghestmut Street . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition far from the requirements of W. . . . . . . . . . . ... . . . . . . . . Renewal.a . ,Raxtb.Removai-.Permit .uudex. .Section 5. .of.the. Uniug. 11Y.Laws. . . . . . . . so as to permit removal. of .earth. from.the. above. site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . After a public hearing given on the above date,the Board of Appeals voted to . GRANT. . . : the . . . Special.Permit . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . . .. . Gilbert. Rea.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed �� Q . . . . . _Frank Serio,. Jr. , . . . airman. . . . . . . . Augustine Nickerson, Clerk . . . . . . . . . . . . . . . . . . . . . . William Sullivan . . . . . .Waite-r -Soule' . . . . . . . . . . . . . . . . . . . . .Raymond .V1vPA: Q . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals LI T -U,TRVED 170T TO R t)UJMF, APPROJAL April 3 19 78 To The Planning Board of the Town of North Andover: The undersigned.!wishes .to, record:the accompanying plan,.and. requests .a deterwina- tion by said Board that .approval by it under the Subdivision-Control Lax is not required. The undersigned believes that such approvalis 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 ways namelyt Rea Street or a private ways namely being land bounded as follows: On the North by Lot #109k; On the Fast by Lot 1076 On the West and South by Rea Street 2. Title reference: North Essex Deeds# Books Page 569 or Certificate of Title No. Registration Book page ; , or Other: Rcc€:ived by Torn Clork: ApiRicantfs s ture Date: p cant' address Time: 2S It ave ST Sy' Signature: ��20 Ot-.aner's signature and address if not the '4;0- c� applicant: {r i p Bocu-d cri 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 bean made upon the same. 2 • Th North Andover PlanningBoard and has determined tha said plan shows a bdivisiong as by G.L. c7f 81-- and us t he efo be e•-submitte o it fo appro under a bdivision cont la Very truly yours NORTH Aft PLkjWhr BOARD Date: Ir: RECEIVED ` DANIEL LONG Received by Town Clerk: TOWN CLERK NORTH ANDOVER Ka 18 12 16 PF '88 v7� TOWN OF NORTH ANDOVER, MASSACHUSETTS 9- BOARD OF APPEALS ; APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCES,„' zr Applicant -Zr-R1,1 ES_ �a /�t, L, 1 /Address s e Al/L,k QP,. 4AIZ046 , VL 1 . Application is hereby made: 7Z�L Lea3'..� cr6,{ t a ) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section _Paragraph.2.a7,4f the Zoning °4 By Laws . c ) As a Party Aggrieved , for review of a decision made by the €,: Building Inspector or other authority. : . / 1; 2. a ) Premises affected are land land buildings ) numbered LL�TO✓��'�' --__Street . b) Premises// affected are property with frontage on the North ( ) , South ('✓) East ( ) West ( ) side of Street , and known as No. � tyTy� _ _— _ ^Street . — c ) Premises affected are in Zoning District &-/_, and the premises ? affected have an area of Z_square feet and frontage of feet . __/4 �t 3. Ownership ry. a ) Name and address of owner ( if joint ownership, give all names ) : �? Date of Purchase -----Previous Owner f"N0 )CC • ii b ) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 4a Size of proposed', building :' front; J,j_ ” feet deep; (` Height 2-C/-7-stories ; Tcvv'`_fae� . r. G a ) Approximate date of erection: ,ST/P/RT—/9P/'/L rS, b) Occupancy or use of each floor : c ) Type of construction : W,7Z7-d` F2��, k 5 . Size of existing building: feet front ;_ feet deep; Height —stories ;__— feet . } a ) Approximate date of erection: __— _ b ) Occupancy or use of each floor :-- —_ i c ) Type of construction : ------_-- 6. Has there been a previous appeal , under zoning, on these premises? /f� t� If so, when?__`-_- ` ,b 7;,' Description of relief sought on this petition pe'el4l ,r'''rh4 7 2 6:5 10,5111c 'T .; 8. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base ,my application are as follows: (must be stated in detail ) >) ileTeS�d/tib ?N.t A'90Ay1,sle ?"rVe b41�,46,dr, f f�*' /9ti� /itJ-t Aul/ Stit�f. 6/zM/12 7•NIs IVI2 A8 AO1 QdtA5S�/cert/ . 13 n � a,rTN� �pl2r/d Gia J'N�s haraSE ,t I agree to pay the filing fee , advertising in newspaper , and incidental • i�Y. '�' expenses* I 41 Signature of Pe i ioer s �. Ever 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. An communication purporting to be an a lication shall be treated- as mere " y P p 4 pp ,,. notice of intention to seek relief until such time tas it 'is . made on the 4 official application form. All informationcalled for by the form shall :: •.r. be furnished by the applicant in the manner . therein,:prescribed . "st ; 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 ..'4FF 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 . ,'•;'`; �R or town, the Planning Board of the city or town, . and the Planning Board of-; : ,I. i'y every abutting city or town . *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. ,.. '•. �•(,; Such costs shall include mailing and publication, but are not necessarily..' limited to these . �• ; ; .i Ever a lication shalt be submitted with a plan of land approved by the Y pP 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 _Y5 ETA /=l�'•�',C,E?'Y"V 57/. p�T//aT A_ Atte Al F/�- 6; Y /'1/9/r �/�/' -T �"7 /�fl.i N/�Gt U C /7 7 /9F/�'�&ra�/ . S 7 �. `rtb APPG E?O/✓ S%2 E % 2 6/P,1_ T _Z'5r,7 /7,3- 1_/9/ij • .t la#6 ,r ' ��'n,� �YaM•5J //Zi G .;�},j� Tv/,�r✓l�i,f•E' !.'•� • '. +' f s��;rN �r6u �N M� •. .:; (use ador s e is if a essar � '. PLAN OF LAND TO ACCOMPANY PETITION I; Each application and petition to the Board shall be accompanied by five ( 5) copies of the following described plan: ? p; The size of the plan shall be 11 x 17, drawn to scale, l inch equals 40 feet; it shall have a north point , names of streets , zoning districts , names and addresses of owners of properties within a minimum of 200 feet of the subject .property, property 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 he 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 1.1 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 14, 1977 . 2. The petition is not to allow construction or alteration to the dweLLing (s ) , structure (s ) , or building (s ) which will re- sult in the need for the issuance of a building 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 .