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HomeMy WebLinkAboutPRESCOTT VILLAGE TRUST n pORTN sdACf111� TOWN OF NORTH ANDOVER MASSACHUSETTS t,fr'(j j9 JUL 2- 1980 BOARD OF APPEALS July 28, 1980 Prescott Village Tr. Prescott St. Petition #15-180 Daniel Long, Town Clerk Town Office wilding North Andover, Ma. Dear ?Tr.. Long: A public hearing was held by the Board of Appeals on June 9, 1980 upon application of Prescott Village Trust as a party aggrieved , for a review of a decision made by the Building Inspector so as to permit issuance of building permits on the premises, located at the north side of Prescott St. and known as Prescott St. Townhouse Complex, #1, #2, and #3. The hearing was advertised in the N. A. Citizen on May 22 & 29, 1980 and all abutters were duly notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman.; Alfred E. Frizelle, Esq.,; William J. Sullivan; Maurice S. Fould:s; and James D. Noble. The petitioner is appealing from a decision of the Building Inspector in which he denied the petitioner a building permit because of zoning. The question presented to the Board is unusual in its facts. In summary, the petitioner purchased the property recently. Prior to the purchase the owner at the time presented plans to the Planning Board for a sub-division to erect town- houses. The Planning Board eventually approved the sub-division. Prior to the previous owners compliance with the sub-division rules, the previous owner obtained a building permit to begin construction on a portion of the lot which did not require approval of sub-division plans. If the previous owner had subsequently complied with the sub-division requirements, all would have proceeded uneventfully; except that for one reason or another, the previous owner did not complete the structure on lots 2 and 3 and did not begin development of the sub-division. In the interim period, the town amended its zoning by-law which changed the use of the land forbidding construction of town- A A Prescott Village Tr. ,Decision — 2 houses in that zone. The petitioner purchased the property knowing of the potential problem with the zone. The Building Inspector properly refused to grant the building permit as requested. The Building Inspector's analysis of the problem was correct in the facts and we commend him for not granting the permit without a review by this Board. Upon a motion made by Frizelle and seconded by Moble, the Board noted unanimously to instruct the Building Inspector to issue a permit to commence construction on lot one and to complete the townhouse units on lots two and three. Notwithstanding the Building Inspector's analysis of the situation, which we commented was correct, the Board deems that equity:.audthe intent of the by—law and powers of the Board set forth therein require that the permit be issued. The end result of a failure to issue the permit as requested by the petitioner would create a confused situation which would not be in harmony with the location as developed by the sub-division plan. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chairman AEP/jw C u A ILY NORTy i•., rasa �;,•. A*sSACHU9�' ��wvry TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . Ju?y. 3.1.9. 1980. . . . . . . . . Petition No.. . . .#1577'.80. . . . . . . . . . Date of Hearing. . . J�e.91. ?9W . Petition of . . Wescott Village. Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . Premises affected . . .Prescott Street, Townhouse Gomples, ,#1•,, , 2, .and. 3. . . . . . . . . . . . Referring to the above petition for a review.of. decision.made .by.the, wilding Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . . . issuance.of. building. permits. on. the .projr4 .&ee, .located.at.the. month side of. Prescott. St.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .Grapt• . . . . the . . . . relief. . . . . . and hereby authorize the Building Inspector to issue a Prescott Village Trust to permit to commence construction, on,lot, one _and. to .00mplete. .the.townhowe.unit.$ .on lots two and three. for the construction of the above work, based upon the following conditions: Signed Frank Seriol. Jr.z Chairman. . . . . . . . . Alfred .E. .Frizelle, .Esq•. . . . . . . . . . . .Williast .J. . Sullivan. . . . . . . . . . . . . . . Maaurice _S. .Foulds . . . . . . . . . . . . . . . . James D. Noble . . . . . . . . . . . . . . . . . Board of Appeals t SCHIAVONI, CIROME & MOORADIAN ATTORNEYS AT LAW 17 WEST STREET HAVERHILL. MASSACHUSETTS THEODORE L. SCHIAVONI 41921-1972) TELEPHONE ALFRED J. OIROME May 13, 1980 275.6611 MICHAEL MOORADIAN y TIMOTHY .L SCHIAVONI ROBERT Do HARE Town Clerk' s Office Town of North Andover North Andover, MA, 01845 Re: Applicants Prescott Village Trust Petit t o to Review Decision Made by the Building Inspector Dear Sirs: Please find enclosed Application for Relief as stated above. You will kindly note that on the 25th day of April, 1980, Mr. Charles Foster, Building Inspector of the Town of North Andover, denied building permits for lots numbered 1, 2 , and 3 located in the subdivision known as Prescott Village Trust (A Townhouse Complex) . Would you kindly have this matter brought before the Town of North Andover, Board of Appeals for their meeting to be held on June 9 , 1980. We have been told that "Parties in Interest" does not apply in this matter. If this requires any revision, kindly advise immediately. In addition, if there is any application fee or costs involved, please notify us so we might make the funds available at your request. Thank you very much. Very tr y urs T OTHY CHI A ONI TJS/nas Enclosures cc: Building Inspector Board of Appeals � A N ap . Cf NORTH • + .•.a.. ,1, j + Jo TOWN OF NORTH ANDOVER MASSACHUSETTS __BOARD .OF"APPEALS . �� .. •'"{, . CHO NOTICE: This application must be typewritten. APPLICATION FOR--RELIEF FROM THE: REQUIRMENTS OF THE=-ZONING ORDINANCE ' c/o Timothy J. .Schiavon'i, TR. 17 West Street Applicant PRESCOTT VILLAGE TRUST Address Haverhill . MA,- 0183'0 , 1'. Application is- hereby• made . �xxr� a�tgx��ls. _ • (b) 2%m%xK>BpmezkalxPiixmLtxxmdomxTecmklxm Raragxx xt'hKx9.�oxdXW i (c) As a-_ party-aggrieved, ' for review of 'a'decision made-:-by the Building Inspector or other authority. (Dated April 25,;-1980 , attached hereto) 2. (a) Premises affectedare, land X and buildings X numbered Prescott ` Street, townhouse units. Reference is made to building permit No. 6 of 1980 issued January .8 , 1980. (b),_ Premises affected are=-property-with frontage on the- No=th x Sduth East West '. side of Pres . . Street, and known as No. Prescott Street. Townhouse Complexi,-residential complexes numbered 1; an 3. 3. Ownership: (a) Name and address of owner (if joint ownership,give all names): - Timothy J. Schiavoni, Trustee., Prescott Village Trust (see above) Date of purchase 12/31/79 Previous owner Walter P.- Hughes and' Frances A. Hughes, Trustees , Autumn Holiday Village Trust. (b) If applicant is not owner-, check hi:s 1nterestt-'in-rthepremises: . , Prospective purchaser -Lessee X—Other (explain) Trustee/Owner 4. • Size of proposed building: 26 ' front; 34 feet_ deep. Height: Two stories; 20 f 4i-et. (a) Approximate date of erection Immediately b Occupancy .or use (of each floor) : 5inale-family residence (c) Type. of construction Wood REFERENCE: . Lot 1 S. Size of Existing- Building. '26 ' feet front; 34 feet deep. Height Two -stories 20 feet. �a� Approximate date of- erection Commenced--in 197.2bOccupancy or use (of each floor) : R sid nt; ai (c) Type ot construction Wood REFERENCE: Lot 2 and 3 6. Has there been a previous appeal, under zoning, on these premises: If so, when NO - 7. Description of relief sought on this petition: Applicant requests building F. permits to commence construction ori Lot 1 of a residential townhouse unit ' and to complete townhouse units on Lot 2 and -3 which are 85% complete and were commenced sometime in 1972. All real estate is included in a subdivision i plan endorsed by the No. Andover Planning Board on 11/11/75 and duly recorded with the Essex North Dist. Registry of Deeds as Plan No. 7314. 8. Deed recorded in the Registry of Deeds in Book 1413 Page 159 NXX2XM& XI [KtXEXXAAEk9&k9XNft . FR#AX At the time lots 1, 2 , and 3 were made part of the townhouse subdivision and endorsed by the Planning Board and the plan duly recorded, they became part of the sub- division townhouses. 9. - The principal points upon which I base my application are as follows: (must be stated in detail) a :i II Charles Foster Buildiits is 1, 2 and 3and- th on Lots f allow- townhouse construction. ' These lots are Part of a ' ision plan stated prior, and haVe hppne e i eral Laws . I agree to p f d g, in newspaper and incidental expenses. (Petitioner's Si nature) OTH J I WOUI , Trustee Sec. '1 APPLICATI R Every application for action by the Board-shall be made on a form approved by the. Board. These forms shall be furnished by the _ ' .lerk upon request. Any communication purporting to be an application gall be treated as mere notice of intention to seek relief until such me as it is made on the official application form. All information_, ,-Zlled 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 ITiterest" 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 -co rer ,the cost of postage of notice to all parties in ,in. Merest., LIST OF PARTIES IN INTEREST 4AME ADDRESS i C , 5 06 0> r q y - N. 'y.. O m ADD ADDITIONAL SHEETS IF NECESSARY. . N 1UILDING INSPECTOR f NoerM 1 •t •D.�••tiO '1'ON'N OF NORTH ANDOVER, MASSACHUSETTS BUILDING 13EPARTAIENT + • i x N �111T•D,1• '(J ,SSACMUgb{ April 25, 1980 Timothy J. Schiavoni, Esq. 17 West Street Haverhill, Ma. 01830 Dear Sir: On January 22, 1973, Palmer Realty Trust was issued a building permit for four townhouse units on Prescott Street, North Andover, Ma. The building permit could be issued at that time because the lots in question all had the necessary area with frontage on Prescott Street and were not considered by the applicant or myself to be lots of the subdivision approved by the Planning Board. Construction was started in the spring of 1973 on three units, the fourth one was never started. The units were never completed and no work has been done on them for quite some time. The Building Code provides that any permit shall become invalid if tlQ,xork authorized by such permit is sus— pended for a period of one year after the time the work has commenced (SgCtinn 114.2 of the 1972 Comm. of Mass. State Building Cod 's . No work has been done during the past year. Therefore, as the nevi owner of the property involved, this letter should be considered by you to be a written "stop work order" and to that end I am ordering that no more work of any kind may be done upon these partially completed units. You and your client, Mr. Brian Colsia, were made fully aware of the status of these uncompleted units before you pur— chased the property and before you applied for the building permit for the townhouse units as shown on the subdivision plan. very truly yours, CHARLES H. FOSTER A,I,, iw . INSPECTOR OF BUILDINGS CHF:ad