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Home My WebLink AboutSAPIENZA, MARIO r*raa.y N0 t F: APHiLTM :b r y; Lsss 9,p•. r "ACHIl`� An TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Ootober 20, 1958 Petition No. Date of Hearing October 20, 1958 Petition of Mario Sapienza Premises affected 419 Johnson Street, North Andover, Mass. Referring to the above petition for a variation from the requirements of the Zoning By Law ofNorth Andover, Mass. so as to permit the erection of a henhouse DENY After a public hearing given on the above date, the Board of Appeals voted to the VAuNc.r� X x �foize e m mg nspec or to issue a Si I d: 7 ol Chairman 1�7 yl"' Donald F. Smit Henry E. bund Robert J. Burke Wi13!.am Morton, Assoc. Member Board of Appeals y44 �yORT/y • .o APRILS :70 �P 9 •. .. ,. CN�Ig .11 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 20, 1958 Town ''Clerk North Andover, Mass. This case came on to be heard before the Board of Appeals on Monday, October 20, 1958 at 7230 PM. Present and voting were: Daniel T. O'Leary, Chairman, Henry E. Lund, Robert J. Burke, Donald F. Smith and William J. Marton Associate Member, Mr. Morton Associate Member was appointed by the Chairman to sit in place of Kenneth Terroux, regular member, who was absent. The Petitioner sought a variance from the provisions of Section 1,., Paragraphs 4.17 B and 0 so as to allow the erection of a two story chicken coop to accommodate 2000 laying hens. Mr. Sapienza, the Petitioner, appeared on his own behalf and Mr. Lenley Henshaw likewise spoke on behalf of the Pdi.tioner. There was evidence, the Board finds, that the premises in question consist of a parcel of land containing .98 acres on 'th6,-Westerly side of Johnson Street as shown on a plan of land owned by Mario Sapienza, North Andover, Mass., Charles E. Cyr, CE, which plan is made a part of the proceedings and decisions. The Petitioner is a handicapped person, being blind, his livelihood consists of raising chickens on the premises. The Board finds that the premises in question were formerly part of an eight acre tract owned by Lenley Henshaw. The Petitioner purchased this property on January 2, 1958. The Hoard further finds that although there were at the time of the purchase by the Petitioner, several hen houses or chicken coops on the premises in question, for five years prior to the purchase by the Petitioner no chickens had been kept on the premises. The Hoard finds that the area for several hundred feet to the Northerly and Southerly and on the Easterly side of Johnson Street has been gradually developing into a residential area. The Board also finds that there is land in the immediate vincinity of the premises in question which is suitable for the building of residential properties. Upon motion duly made and seconded, it was unanimously voted that the application for variance be denied. Reasons for decisions the area in question has taken on a residential character, the area surrounding the premises in ouestion is suitable for the building of residential properties. The premises on which the proposed chicken house is to be built consists of only .98 acres in a residential area whereas the By Law requires that no more than three animals of any kind be kept on premises in a residential area not con— taining at least three acres. To grant such a variance as requested would be substantially derogating from the intent and purpose of the By Law and that relief such as is sought by the Petitioner should not be granted since it would set up a small area amist a part of Town which is manifestly suitable for residential development and the granting of such a variance would not be inkeeping with the general character of the neighborhood and would deter others from utilizing this area for residential purposes for wh'ch, under the By Law it was mani— festly intended. i Daniel T. O'Leary, Chairman F of•JaORry,�/yY 4 Fi APRIL7T. .10 ��. LESS • �� qq. . saCHUO ►y ♦YT"�'1� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 203 1958 xeceived ofAalph E. Finck, roar Dollars ($4.00) to cover cost of .Sagle Tribune advertisement for .Fred HoSers, Sutton Street, North .Andover. Daniel T. O'Leary i BOARD OF APPEALS TOWN BUILDING yyREN » NORTH ANDOVER, MASS. �? TT?4 i ! 158' r^ 1 "i M FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO MQUIRE APPROVAL July 9 1976 To!The Planning Hoard of the Town of north Andover; The undersigned wishes to record the accompanying plan and requests a determinate tion by said Hoard that approval by it under the Subdivision Control Lav is not required. The undersigned believes that such approval is not required for the following reasons; l. '. 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 Bir-Law and is on a public way* namely* J = 3 1 ' tsertffi or a private way* namely* * being land bounded as followas ui311 -,tceeti of f Zarin; a l N V1111.:°°. ,A by land o .:art'i*t, T Pus, rit e of r a 1 a'lan is for tis ex0=ge of ec, iil areas bet ern abuttiilnL a, lenza and Drnsdorf 2. Title reference: North Essex Deeds* Book (.t�8 P Rages ; or Certificate of Title No. egistration Book , page ; or Other: ur aa.l z eta a ienza: �`k "- 1013 Six y tdY .. tt;tci ;a§3 . .zassikatf : ?ka I� �a 403 �"N/L� �-�r vsw AGsXI t Received by Cle Applicant s si to 4f 1 S as Date: A lic *s dream PP i �� 9 197 0 3 QJ� Q Time: Signature: T ti Owner*s signature and address if not the ►o w a applicant: 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 lair* 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. 41j a. 81-L, and must therefore be re-submitted to it for approval under the subdivision control lax. Very truly yours, NORTH ANDOVER PLANNING BOARD By Dates FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL I July g , 19 76 To The Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a detwwdna- tion by'said Board that approval by it under the Subdivision Control Lax is not required. The undersigned believes that such approval is 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 way, namely, Johnson and Mill Streets or a private way, name4w , being land bounded as follows: SASTBRLY by Johnson Street; SOUTHERLY by Mill Street; WESTERLY by land of Wilson; and NORTHERLY by land of Carrier. The purpose of this plan is for an exchange of equal areas between -abuttstg owners Sapienza and Ensdorf. 2. Title reference: North Essex Deeds, Book (See, %Uw) ; or Certificate of Title No. , Registrat� n Book , pageL..; or Other: Guy and Angela Sapienza: Book 1013, Page 330 Wolter B. and Gail S. Ensdorf : Book 1194, Page 463 Received by Toyuw Applicant'a signeturetp cAc.�uT� Date: `„ � Applicant'saddress 843 Johnson Street Time: IV N o ToVr1 CLERK North Andover, Mass* Signature: )HUR nnDQaroti ca' Owner's signature and address if not the applicant: Notice to APPLICANT/TOWN CLFRN 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 lawn and the appropriate endorsement has been made upon the same. 2. The North over Planning Board has determined that said plan shm a subdivisions as def j re be r u o it for approval under the subdivision control law. Very truly yourat NORTH ANDOVER PLAMM BOARD By Date: �r[�! P AM OF LAND 1N FORTH ANDOVER, MA•55 . TO ACCOM PAwy DEEDS o 4L IN EKC�4AWGE 01: LAWD $ETWEEN J,�z SAP 1 E N ZA AND FEM S DOQF' ,1)\.0 00 SCALA : las 4& .,DULY b 10 20 '3o ,40, SO Ieo +SOO� �.•' SCALE OF FEET.. I HE kBOVE ENDO'SEMNT IS NOt A E E1TERMI: 'ATION TO CONFORMANCE 4:I1H ZONING REGULATIONS. NORTH ANDOVER PLANNING BOARD 02 Op WO 0 7 1�' N a � m o 1 3 w - _ to cl 1 0 p ; N d 0 WALT ER. E. � GALL S. !� Q � GuY � A1•tCELA _ to t 0 E hiSDORF ILI SAPl EhIZR O a r— 8 1m w c �o (L/ a • AQ EA - ° z • AREA • � LU .�� 44v 0 2 4 t 441 400 l� f (,UNcNANG�O� I;u>vcHa.N�� rNp� MEW LOT LINE I3a9 -mo5°4t'-4S"IN LOT oI 0 .. — POR1t0lJ OK OLD 1-0 0 SAQIEkZr4 +� r r-- ILI>lE rb »E DISco►.ITIWV[D . �SDQ R.F ;3 �+ PooL I ? �'® 1. %A I _{ a �� L-_-1 DviEIL. 7 N , C O*iC- *843 r4 TN►s PactTIQN OF Q ; L_ APt2o>a Qjj 0 OL-0 LOT L,.IZE T'o 9E 71 + �G 34 ptscouTl�►t�eta � w•v sa'f r-3 r �IJSDOQF TO v _ ° � ' -° `1 N SAPtEZA ' 1 �a AVf-441=45 htEV'! LOT LINE �� a qo sTp�•+GS000.00 mA.j �e��ym0m ea•as e�v�p Ci �' F. E eT PL-kw" ItJCi BOAR i7 CERTIF%CA.•rE Tt-tis plan does s�o� rc I GEQTIFY TkAT TN IS DLAM W1�1'3 quire 4*he a(:)prOvat 01 _-he pREPARED p4 COr-IFoRMA.N�E plannirt¢�. Board 1NITN TkE. RULES At40 R>=GeuLA� Tto 1..1.5 OF TI-!E REG 1 ST'E:RS OF 19Z a f FU I.lotzru ANoovER PLa>yK 1 u,*BoARa R•o 82 CEN.TR.AL. STREET DATE : Awr)OVEG2, 1 '&'s5 - THE ABOVE ENDO^SEMfNT IS NOT A DETERMINATION AS TO CONFO.AANCE `: 11H ZONING REGULAi IONS. NORTH ANDOVER PLANNING BOARD