HomeMy WebLinkAboutSAMAHA, DONALD Rece,ved by Town Clerk:
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TOWN OF NORTH- ANDOVER, MASSACHUSETTS
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EB 1 f i 1 114 AH '87 BOARD OF APPEALS
IAPPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant pmald SMMha Address 106 Beverly Street
1. Application is hereby made:
a) For a variance from the requirements 'of Section Paragraph
and Table of the Zoning By Laws.
1 b)- For a Special Permit under Section Paragraph_of the Zoning
.,�;'� . ,.. ;� :• By Laws.
1 c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
Misr
2. a) Premises affected are land -and building(s.)�numbered 98
Beverly Street Street.
1 , b) Premises affected are property with frontage on the North ( )
I South ( ) East ( ) west ( ) side of
Street, and known as No. Street.
c) Premises affected are in Zoning District RA , and the premises
affected have an area of 23,400 square feet and frontage of
120 feet.
,3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Soul and Amil DiSalvo dba 91 Real} 91 Pamrly Rj-�&t . .
# Date of Purchase-Nov./Dec. 6 —Previous OwnerBertha Anp&Lq1nW3
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser - Lesee _Other (explain)
Size of proposed building:' 40 _front; rf; feet deep;
Height 2 stories; feet.
{ a) Approximate date of erection:
b) Occupancy or use of each floor: ifsina
c) Type of construction: W8 d
S. Size of existing building: _ feet front; 4 feet deep;
2
Height 1 stories; deet. '�—
_ a) Approximate date of erection: 1960
b) . Occupancy or use of each floor:um�gag
c) Type �of construction:
G.K Has there been a previous appeal, under zoning, on these premises?
YES.. If so. when?8/12/86 Variance etas- denied by zm#g board.
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Description of relief sought'on this petition 'krticle (14) of the
zSming and Building codes
B. Deed recorded in the Registry of Deeds in Book N' Page
Land Court Certificate No. Book
The principal .
\Y 1•
p p points :upon which I base gay application are as follower
(must be stated in detail) ,
A building permit was issued to Paul and*Jobe DiSalvo allowing "'to construct a (4) stall . '
f�l e attached to 'the.eMtin reven • . ...
to ate and total sB£ecodes, neiQhboxhood congestion e• or structural 4\ Mty '
to the lotlot also'has a histo of water problem *�iiM could possz6ly reser ace with
the 9stuxb;This to the land.
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
P
fi +6im Sed
T ^w-
-" " ` Signature of Pet t or}er s
a.
Every application for action by the Hoard shall be made on a form approved
,, by the Board. These forms shall be furnished by the clerk upon request.
Any communication purporting to be an application shall be treated as mere`'
t' notice of intention to seek relief until such time as it is .made on ttie a '
I.; official application form. All information 'called',for by the 'form shall
;7 be.furnishea by the applicant in the manner 4herein.;•prescribed.
Every application shall be submitted with a list' of'•"Parties in Interest" •
which list shall include .the petitioner, .abutters, owners of land directly
i .opposite on any public.or private street or way, and abutters to •the .
abutters within: hundred feet (300: ) of the property line of the
etitioner as the *`
r'
• P y a ppear.on the most recent applicable tax list,
a ,
notwithstanding that the land of any such owneris located in another city ' '�^
'• or town, the Planning Board of-the city or town,. and the Planning Boardof w%
every abutting city or town. AT
r ,b
-*Every application shallbe submitted with an application charge cost in '
T z'e the amount of $25.00. In addition, the petitioner shall be responsible
ffu -for any and all costs involved in bringing the petition before the. Board
z Such,costs shall include mailing and publication, but are not necessarily `!I?I
�; . limited to these.
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Everyapplication shall be submitted with a plan of land approved by the
Board. No petition will be brought before the Board unless said plan has c•
been submitted. Copies of the Board's requirements regarding plans are t
attached hereto or are available from- the Board of Appeals upon request.' . s`
....' LIST OF PARTIES IN INTEREST
Name Address
Y
•!.•' ,, jai
(use additional sheets if`necessary) ,:•'•
a PLAN OF LANA TO ACCOMPANY PETITION
Each application and petition to the Board shall be accompanied byl ✓
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,
zoning districts, names and addresses of owners of properties
within a minimum of 200 feet
lines and of the subject property, property
lora Pe
tion of buildings y
I location of buildings or use of the surrounding properties. The
rtwere
requested and distances from adjacent bu ldin s and a variance is
property lines
shall be verified in the field and shown on the
plan.
dimensions of the lot and the percentage of the lot coveredbythe
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
'"!l -`a� 'q'` variance, .such as ledge, rock parcel at land relied upon for a
brook, or river Peat, or natural condition of water,
� 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
Jpr"" 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 ppsigned 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:
.c,
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 plans
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 Hoard 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 planshall be no smaller than B 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.
I
9
1'he sale of products raised as a result of
the above uses on the subject land.
Swimming pools in excess of two (2
shall ) feet de
be considered deep
eyed a structure and Permitted
provided they are enclosed by a suitable wall
or fence at least four (4) feet
d in height
determined by the Building Inspector to to be
the entrance of prevent
aiding at the .persons other than those re-
minimum ten 10) location. Pools shall have a
foot from lot lines and be locatedtnocnearer thee
eesan
trd rear
eet
than the building line of the dwelling, except
by Special Permit.
(8) Museums.
i
{ (9) a) Public and Private non-profit educational
facilities. (1986/17)
b) Private for profit educational
facilities by Special Permit. (1986/17)
(14) Municipal building or use, and Public
corporation use (Special Permit required) .
(lgS6/18)
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(11) Golf course.
(12) Swimming and/or tennis clubs shall be permitted
with a Special Permit.
A (13) Cemetery.
(14) One or two-family dwellings, including the ri h
"
to convert any existing dwelling to accommodates
Permit from the Zoning Board of
not more than five family units b Special
Appeals
al
a public hearing with due notice given, proter
{
k of ded :
a) SO major exterior structural changes shall
be wade. The right to convert shall apply
to any dwelling under thte ownership of one
single person, partnership, or corporation I
to be converted for use as dwellings of not
more than five family units, and meeting all
requirements of the State and Town Statutes
and By Laws. .including Health Codes, Safety
Codes, Building Codes, Zoning Laws, and
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in the Oilice of, the Town
TOWN OF NORTH ANDOVER Clerk.
MASSACHUSETTS
BOARD OF APPEALS
* Petition # 49 - 87
Petition of:
Donald Samaha DECISION
98 Beverly Street
The Board of Appeals held a public hearing on March 10, 1987 upon the application
of Donald Samaha as a Party AWeived regarding Article (14) of the zoning and
building code so as to stop the construction of a four (4) stall garage and single
family house attached to an existing building located at 98 Beverly Street. The
following members were present and voting: Frank Serio, Jr. , Chairman, Alfred
Frizelle, Vice-chairman, William Sullivan, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the North Andover Citizen on February 19 and
February 26, 1987 and all abutters were notified by regular mail.
The petitioner claimed that the construction violated the provisions of the Zoning
ByLaw. The Building Inspector questioned whether the matter was properly before the
Board because more than thirty (30) days had elapsed since the Building Permit was
issued and that he made no other decision on the matter.
Upon a motion made by Mr. Frizelle and seconded by Mr. Vivenzio, the Board voted
unanimously to dismiss the petition without prejudice because an appeal was not
timely made pursuant to the ByLaw.
Dated this 19th day of March
yBOARD OF APPEALS
Frank Serio, Jr.
Chairman
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1ti3 i '�icH t,�piice
TOWN OF NORTH ANDOVER . tce ot,
MASSACHUSETTS 1� thg
BOARD OF APPEALS
NOTICE OF DECISION
Donald Samaha
106 Beverly St.
March 19, 1987
North Andover, MA 01845 Date • • • • • • • • • • • • • • • • • • • • • • - • • • • •
Petition No.. . .49-8.7. . . . . . . . . . . . . .
Date of Hearing. . .March 10,. 1987
Petition of DonaldSamaha . . _ . . . . . . . . • _ • : . . _ . . . • .
Premises affected . . . . . . . . . . 98 .BeyerlX .St. . . . . . .
Referring to the above petition VVVVfor. a ;Party. . . . .
Aggreiyed, regarding Article„(14) , of• the.zpning •and• building. codg. . . . . . . . . . . • . • • . . . .
Xxibyai of to. siXgp th�. .�4�StXu�. iRm.Pi. a . ot�x. .(!+.). .stall• garage. aAd .SiL�gl?. fatpily
house. atx.ac.hed. to. .art .e:Kjst.jng.bulldzng.Ioca.t.ed .at. 98. .$evexly. .Stxeet.. . . . . . . . . . . .,;. .
After a public hearing given on the above date,the Board of Appeals voted to . . .DISMISS the
petition. without. prejudice. . . '. . . . . .
XXCX . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . .
Signed� �
Frank ,Serio, J�, airman
. . ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .
Alfred Frizelle, Vice-chairman
William Sullivan
Walter Soule.
Raymond.Vivenzio.. . . . • . .
Board.of Appeals