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Home My WebLink AboutR & T REALTY Received by Town i RECEIVED FORM A DANIEL LONG �' # TOWN HAHO VER APPLICATION FOR E14DORSEMENT OF PLAN NORTNATiDOVBELIEVED NOT TO REQUIRE APPROVAL ADS 9 !141 IM '$S August 2 ig 85 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approva is not required for the following reasons: 1 . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage '.'.. required by the North Andover , Zoning By Law and is on a public way , namcly , or a private way , namely, ''� P bring land bounded as follows : � T Sharaners Pond 9 Rq herly by lot 7 masterly by lot 7 Southerly by SharAnere Pond Road MWesterly by lot 10 sag N'.M.R.D Plan Na 9B50)- 2. 50)2. The division of land shown on the accompanying plan is not a suq- d'ivision for the following reasons : exceeds son1mg requimzenU 3. iFt reference North Essex Deeds , Book Page or Certificate of title No . Registration Book ; Page k I' Applicant ' s Signature : Owner' s signature and ;address if not the applicant : ✓ . Realty Trust A l i c a n t ' s Address : R. TRealty Trust 1 T]� Sauare (suite 7Bt1 I Ell Sa '(Suite 111) Andover Mass 0]�ilo Andover, as 01810 i Received by Town Clerk : t . ih 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 Law , and the appropriate endorsement has been made upon the same . 2, The ' North Andover Planning Board h etermined that said plan shows -a ubdi inion , as defi -by 4,L 41 , _s . 8 a mus therefo be re- mitted to irt ;forappxov.al under the S division Control -Law. .;Very L-ry]y ;yours , NORTH ANDOVER PLANNING BOAT BOw-a-A-1941 Date : 1011t4 • a; ,vRILM S20 ► �y��0 11 12 ia� • • lass {4.'ppp,^•. ® R[r �q�gC11Ug�" w O 1\ECEI V L I I 3vS� JUL 13 1974 TOWN OF NORTH ANDOVER o JOHN J. LYONS MASSACHUSETTS o TOWN CLERK 'o �� NORTH ANDOVER _y BOARD OF APPEALS o.02 C&z2 4Z July 18, 1974 R & T Realty 44-46 Saunders Street Petition No. 10-174 John J. Lyons, Town Clerk Town Office Building North Andover, Massachusetts Dear Sir: A public hearing was held by the Board of Appeals on July 8, 1974 upon application of R & T REALTY who requested a variation and special permit under Sec. 4.122 (14) and 7.1 (1) and (7) of the Zoning Bye-Lax so as to permit the conversion of the existing third—floor area into a one—bedroom apartment as shown on a plan of land, owned by James Foley and Robert Bedard (R & T Realty) located on Saunders Street. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. Eugene Beliveau, Clerk; William N. Salemme; Louis DiFruscio and Alfred E. Frizelle, Esq. The hearing was advertised in the Lawrence Eagle—Tribune on June 22 and 29, 1974 and all abutters were duly notified by regular mail. The Petitioner is seeking a Variance and Special Permit to allow it to convert an existing third floor area into a one—bedroom apartment in. the building it owns on Saunders Street in North Andover. The particular sections of the Zoning By—Law from which it seeks a variance are Sections 7.1 (1) and (7.) and Section 4.122 (14). Section 7 deals with off—street parking while Section 4.122 deals generally with the Special Permit to convert the structure. The Petitioner recently purchased the property which had four existing apartments. Soon after the purchase the Petitioner began rehabilitating the entire premises. After beginning this venture, according to the Petitioner, it disoovered that its costs were going to exceed the anticipated revenue from the four existing apartments, One reason, among many, for the excess costs was the financing necessary to complete the project. After reviewing the evidence submitted by the Petitioner, the Board finds that the projected costs increased beyond the original estimates. -2— July 18, 1974 R & T RNALTT After determining the need to convert the existing third floor area, the Petitioner sought a permit to convert the area and the permit was denied because of its lack of a Special Permit under Section 4.122 (14). The premises on Saunders Street is a rather small lot, 8,345 sq. ft. with 60 foot fronte. In order to enable it to convert the third floor, the by—law requires sevenT) parking spaces per Section 7.1 (1). At present, there is insufficient space, according to the Petitioner, to allow seven cars to park in the rear, and it seeks a variance to allow parking on the two sides of the building. The sides are 12 ft. and 8 ft., respectively, from the lot line. it also proposes a variance from Section 7.1 (7) to allow parking in front of the building. The second part of the Petitioner's request is for a variance under Section 4.122 (14) (a), lot area and frontage. The description of the lot is as stated above and is located in a Residence-4 district. After review of' the-plans submitted by the Petitioner and a review of the site, the Board upon motion duly made and seconded voted to EM the variance re ested from Section 7.1 (1) and (7) and to GRANT the variance of Section 4.122 (141 (a) and to (}RANT the Special Permit pursuant to Section 4.122 (14) with conditions as stated below. The basis for its decision to deny the variance under Section 7.1 (1) and (7) is that the Board finds that the conditions of Section 9.5 of the By—Law have not been met. Further, the Board finds that parking in the rear of the building could be accomplished by the Petitioner. In granting the variance from Section 4.122 (14) (a) pursuant to Section 9.5, the Board finds that to literally enforce the By—Law the Petitioner would be subject to a substantial hardship. In partioular, the size of the lot is only 8,345 sq. ft* The lot was created many years ago, long before the zoning by—law became effective. To require the Petitioner to have 12,500 sq. ft. is practically impossible and to deny the petition would subject the Petitioner to a financial hardship, to wit, the evidence stated above. Further, the granting of this petition will not generally affect the zoning district and will not cause a detriment to the public good nor derogate from the intent of the by—law. The neighborhood, in general, has many similar types of units and also buildings of similar design and construction. In granting the Special Permit, the Board does so with the condition that seven (7) paved parking spaces be provided in the rear of the building only. In granting the Special Permit the Board finds that all of the provisions of Section 9.31 have been met and grants the permit with the further condition that all applicable zoning laws, other than the variances granted herein,be met. Very truly yours, 0 OF .AiPPZA I S Franknk Serio, Jr., irmaa of/gb A �ECENEI (° JUL W4 to JOHN J. LYONS _Q, 0 TOWN CLERK b �p NURTH ANgUVCR �c 2� . of.VkORTy9 t[�. Avm4Tr+ .b K wg'. i855 "• ►'A } Ss CRU � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . .177./.l. . . . Petition No..1Q-'.74. . . . . . . . . . . Date of Hearing. .July. 8.,. .1974'. • • • Petitionof . .R,&, T, REALTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . 44-.46 Saunders.Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & Special Permit Referring to the above petition for a variatioi�from the requirements of the . . . . . . . . . . . . . . . . . North Andclver Zoning.By:Lax.under Section .4,M, (14) .and. 7...1. .0).&. (7.)• . . . . . . . so as to permit the couversion .of.the. existing .third. floor.area .into•a• one-bedroom apartment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . GRANT.the f= Variance of Section 4.122(14) (a) and the Speoial Permit pursuant to Section Al and to DENY the Variance from Section 7.1. (1) & (7). for the construction of the above work, based upon the following conditions: 1) seven (7) paved parking spaces be provided in the rear of the building only 2) all applicable zoning laws, other than the variances stated above, must be met Signed Prank .Serio.,. .Jr., .Chairman . . . . . . . . . . . . Dr. Eugene A. Beliveau, Clerk . . . . . . . . . . . . Louie DFruscio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . William N. Salemme Alfred E. Frizele, Esq. Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS �: win• � ism July 18, 1974 Notice is heret: , �Kiven that at 7:30 P,X- an Monday evening, august 5, 1974► the PLANNING BOARD xy11 hold a publio hearing in the Fire Station pursuant to the provieionB of 0,1. c;,, 41 Seo. 81-Q upon a proposal to amend Seo. III, H-3 & 11--4; w%ec. IV, F .4; '41L. AB-6 & H-3 of its "Rules and Regulations Governing the Subdivision of ',a.,,A, North Andover, Massachusetts". { Corsi:.=g of cajA urvarAments are available for publio inspection at the offices of the `>'c�wn Clerk. �i•:6 the North Andover Planning Board. Per 0rder of the Planning Board William Chepulis, Chairman Publish; F&J2 JvlY 27 t 1974 Send bill to; N'ccv1. i�nd,�ver Planning Board, Town Bldg., North; Andover, Ma. 01845 rx,d 5 c,-Aea to: , ;. Blackstock, Town Bldg. , North Andover, Ma. 01845 Oversized Maps on file with the Town Received by .Town Clerk : RECEIVED FORM A DANIEL LONG _- TOWN CLERK NORTH ANDOVER APPLICATION FOR ENDORSEMENT OF PLAN An 9 If 41 AN IS BELIEVED NOT TO REQUIRE -APPROVAL _ Au=st 2 19 AS To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approva is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division 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 , or .a private way , namely , Sharanere Pond Road being land bounded as follows : Northerly by 'lot 7, Easterly lir lot 7 Southerly by Sharnners Pond Road iiesterly by lot 10 {see N E.R D Plan bio 9$50 2 . The division of land shown on the accompanying plan i5 not a suii- division for the following reas.ons : meets Or`exceeds son za reauireaents 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . RegistrationBook ; Page Applicant 's Signature : Owner' s signature and address if not the applicant : Malty Trnst A icant ' s Address : R. T. Realty Trust 1 Ela sgugre (suite IBO 1 Zia square ite 1B) Andover Mass. - 018]0 Andover,Mass 01810 III I, Received by Town Clerk : Notice to APPLICP.NT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , 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. 41 , _s . 81-L , and must therefore be re-submitted to i=t ,for , appygya1 under the Subdivision Control -Law. ,.Very try ]y NORTH ANDOVER PLANNING` BOAF By : Date : c