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HomeMy WebLinkAboutROBERTS, MICHAEL t Any appeal shall be filed I ` r i °�'�'� within (20) days after the c! +�; AMILM date of filing of this Notice N€1F ,,tyER iaas j'• in the Office of the Town ••ice �+ceue Clerk. -- TOWN OF NORTH ANDOVER MAS$ACHUSETM BOARD OF APPEALS NOTICE OF DECISION Date September 22, 1983 Petition No.. . 17 83 . . . . . . ... . . . . Date of Hearing. . .September 19 , 1983 Petition of . . . . . . .MICHAEL. P.. .ROBERTS. . . . . . . . . . . . . . . . . . : . . :. . .. . . . . . . . . . . . : . . . . . . . . . Promises affected , , .Q77-479. ,Waverly. .Road, , ;. . . . . . Rdening to the above petition for a variation from the requirements of the . .Zoning_ By. Law .Siect:ion. .7,. .Paxagxaph . 7... . sod. Table: .?... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so sato permit . .re.lie.f . from .the . fxon.t s.ett?ack. :regt� cement .to as lqw ,tlze continued. .exi.stence. .of. .a. .dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. After a public hearing given on the above date, the Board of Appeals voted to . GRANT the vax i ance . . . . . . . . . . . . . . . . . . . . . . . . . i[k1 $ i � d �iX . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f�c�tke:r�trn �tx)�xb�vtt Ott � tl Signed Frank Sexi.o, . Jr..,. .ChaixmaA . . . . . . . . Alfred. E. . Frizel.le,. .Eg3q•. ,. Vi ce.,Chairman Richard .J_—Trepanier, . Esq..., . Clerk Maurice. .S.. .Fo.ulds . . . . . . . . . . . . .". . . . Walter -F.- -Soule. . . . .. . . . . . . . . . .. . .. Boerd of Appeah Any appeal shall be filed RE"CEy r, within (20) days after the 04f"' F r N°,"';,, date of filing of this Notice NQS off a°.r, , °°� %c1r;VER s Cl the Office of the Town �Z � Clerk. SEP l 05 48 '83 ==,cMusE` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 22, 1983 Mr. Daniel Long, Town Clerk Michael P. Roberts Town Office Building 477-479 Waverly Rd. North Andover, Mass . 01845 Petition No. 61-183 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, September 19 , 1983 upon the application of Michael P. Roberts. ,The hearing was advertised in the North Andover Citizen on September 1 and 8, 1983 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle ,. Esq. , Vice- chairman; Richard J. Trepanier, Esq. , Clerk,, Maurice S . Foulds; and Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the front setback requirement to allow the continued existence of a dwelling on premises located at 477-479 Waverly Road. :The petitioner testified that he recently purchased the dwelling and when a plot plan was required by the bank the violation was discovered. Because the dwelling is on a corner lot in an R-4 zoning district,, a minimum setback of 20 feet, from the side _street is required under the Zoning By Law. The dwelling is 19 . 4 feet from the lot line. He further testified that this lot was in- cluded on a plan which was approved by the Board of Appeals in May of 1983, but this setback violation was not discovered at that time. Upon a motion made by Mr. Trepanier and seconded by Mr. Frizelle , the Board voted unanimously to grant the variance as requested. The Board finds that Section 10. 4 of the Zoning By Law has been satisfied. In particular , the Board finds that due to the lo- cation of the dwelling on the lot with its slight deviation from the current zoning requirements constitutes a hardship under the Zoning By Law. II l t l 00 Michael P. Roberts �` 477-479 Waverly Road Petition No. 61-183 SEF PZ 11 as am 183 September 22, 1983 Page 2 The Board further finds that the variance can be granted without nullifying or substantially derogating from the intent and purpose of the Zoning By Law and without a detriment to the public good. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman 7w j ryy� 0111 WILLIS and WILLIS At�U ATTORNEYS-AT-LAW 160 PLEASANT STREET i% NORTH ANDOVER, MASSACHUSETTS 01845 JOHN J. WILLIS TELEPHONE 685-3551 JOHN J. WILLIS, JR. July 16, 1985 Daniel Long, Town Clerk Town Fall North Andover , MA 01845 Re: Michael P. Roberts, Trustee of A.M. Realty Trust vs. Frank M. DiVincenzo et als Land Court Case No. 116941 Dear Sir: Enclosed herewith please find Order of Notice relative to the above-captioned matter . If you have any questions, please feel free to contact this office. ncer y, Jo J. Wi , Jr . JWJR:psw Enclosure CERTIFIED MAIL, RETURN RECEIPT REQUESTED COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No. 116941 To Frank K. DiVia"we and 9141" K. DiVIncesse. both of North ♦ndevers Bases Ctswty; Arlu4too Treat Compa7o a duly ea<istum eorpration having as wool 'lase of b sL sss io Lamewoo Fasos Cormty; Tanta of Worth Aadevers, a nwii*f#s1 corporation losated to gases Comty; all of sold ce oaslrealthe and to all nersons entitled to the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 as ame nded: Hiaheel I►, Roberts, Trustee of A.N. Realty Structs of Worth Attldever. >iS&M Coromtys end said CownsiWaltb; claiming to be the holder of a mortgage covering real property in said north Andover, aaebered 17 Raywadow Rtsad* given by Freak K. DiViaeotaso sad Blades K. DiVinasnao to plaintiff. dated Sept mbev 1d, 19809 recorded with Rases Couatr (Uerthsra District) Registry of Deeda, kook 1635, loafs 193, ha a filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. If you are entitled to the benefits ol' the Soldiers' and Sailors' Civil Relief Act of 1940 as amended and you object to such foreclosure you or your attorney should .file a written appearance and answer in said Court at Bustou on orbefofeL the ajaAalld day of September 1985 ,or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness, WILLIAM 1. RANDALL, Chief Justice of said Court this twelfth day of JULY 19 $5 cwwles W, Traehly. Jr. Recorder va Or © )Whew w 9. p LCO-5 t OM 12-84 . 701. ^, LE'I JUDGMLN'I ISSUF: c � Uo jumice 1111: COMMONWEALT11 OF MASSSACHUSEfTS LAND COURT DEPARTNIFN'I OF THE TRIAL COURT ESSEX ss. Land Court No. COMI'LAINT"IO FORECLOSE MORTGAGE ors PLAINTIFF: City or Town 0:0= (includes plural) ul Residence _ `CZ' Name 479 Waverly Rd. MICHAEL P. ROBERTS, TRUSTEE North Andover , MA OF A.M. REALTY TRUST U/D/T dated March 12, 1980 , recorded with No.Essex Registry of Deeds, Bk. 1427 , Page 71 DEFENDANTS: ( ,ty or 'lbwn Interest (includes singular) „r .tU ldence Name Owners of property • FRANK M. DiVINCENZO and 17 Haymeadow Rd, and mortgagors ELAINE M. DiVINCENZO North Andover , MA • ARLINGTON TRUST COMPANY 305 Essex Street, Mortgagee-mortgage Lawrence, MA recorded, Book 1487 Page 266 • TOWN OF NORTH ANDOVER Main Street Water lien North Andover , MA • ARLINGTON TRUST COMPANY 305 Essex Street financing statement Lawrence, MA holder-recorded Book 1814 , Page 15 • ARLINGTON TRUST COMPANY 305 Essex Street Mortgagee-mortgage Lawrence, MA recorded Book 1.798, Page 250 From the office of: JOHN J. WILLIS,_JR. , ESO. . 160 PLEASANT STREET NORTH ANDOVER, MA 01845 TEL: 685-3551 'I.' Your Plaintiff is the owner(or Assignee)and holder of a mortgage with the statutory power of sale given 1, frank M. DiVincenzo and Elaine M. DiVincenzo to Michael P. Roberts, Trustee of A.M. Realty Trust dated SQntember 18,_1980 recorded With No. Essex Registry of Deeds Book 1455 Page 193 covering* 17 Havmeadow Rd. , No. Andover , MA 01845 (street and number) (and city or town) and more particularly described in said mortgage. 2. No Defendants are in the military service within the meaning of the Soldiers' and Sailors'Civil Relief Act of 1940 as amended. 3• The Plaintiff alleges on information and belief that the Defendants are the only persons interested in the equity of redemption of the property covered by the mortgage described in paragraph 1 of this petition so far as appears of record in the said Registry of Deeds or as known to your Plaintiff. 4. The Plaintiff seeks to foreclose said mortgage described in said paragraph 1 to protect its interest as secured thereby for breach of the conditions thereof and desires to comply with the provisions of the ' Soldiers' and Sailor's Civil Reliet Art o1. 1940,as amended. It is ignorant as to whether or not any person in,the Military Establishments within the meaning of said Act, is interested in said property. Wherefore Your Plaintiff Prays: 1. For an order of notice ordering the Defendants to appear and answer to this complaint. 2. For a decree authorizing the Plaintiff to make entry for the purpose of foreclosing and an order authorizing the Plaintiff to foreclose the mortgage described in paragraph I of this complaint by a sale under the power of sale therein contained. 3. For such and further relief as to the Court may seem meet and equitable. Plaintiff or Attorney for PlaintitIT' a` M C= >-Cl, -p to r-r, c� rnr -� 0 JF Note: *A metes and bounds description of the property is not necessary. m erg LCB-4 6 M 7.83