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Home My WebLink AboutSMERCZYNSKI, FRANK Any appeal shall be filed 20 within ( ) days after the date of filing of this Notice �ss186-5 �'° in the Office of the Town ;n. Clerk. An, 13 TOWN OF NORTH ANDOVER MASSACHUSETTS 1SOARD OF APPEALS NOTICE OF DECISION Date . . . A.ugust. _1§,,. . 1983. . . . . petition Na,. . .4 8- ' 8.3. . . . . . ... . . . . Date of Hearing.?Y 9 u s t 8 19 8 3 petition of . . . .FRANK. SM.ERC.ZYNSKI. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . prouiisesagected . .Np.rthgop.t. s.i.de. .of_ .Tu.rnp.i. ke. Stree.t_.a.t . M.i.dd.l,eton. .lin.e . . Referring to the above petition for a variation from the requirements of the . .Z o n.1. ng. .V.y. L a w sec.tio.n . 7., . P.ar... .7...1 ,. .7 ,Z, 7., Vand. .Ta.b] e. .?. .and .fAQtAQPe. . 3. . . . . . . . . . . . . soastopermit . c.la.rifi.ca.ti.on. ,o.r. .am?o.dme.rtt,.to, a. . y.aria.nce. . granaed. .in 176 to allow the expansion of a building within present zoning setbacks . . . . . . . . . . . . . After a public hearing given on the above date,the Board of Appeals voted to . G R AN T. . . : the v a.r.i a n c e. . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permitto . . Frank. Smercuns.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . foa�cblpe xxt Ga�o oa�c tf vex�►aotlf xl k timed fbU6*%§MAIR of I- Signed Fran k. .Se ri,o,,, .J r.,, ,. .QhAj rm.an. . . . . . . . . A)fr.ed . l ... ,Fri.ze.l. le., . E,sg . Ki.ce„Chairman Ric.ha.r.d . J., . T;rep,agi:E:r., . Wfl.Ii a.m. J. . S.ul.l.i._va.n . . . . . . . . . . . . . . . Augustin.e . W..... NAcKe.rs.on. . . . . . . . . . . Board of Appy w Any appeal shall be filed µORTw within (20) days after the date of filing of this Notice Tt r p in the Office of the Town Clerk. _ +1^off .. - y ♦ .. An 23 1 11 ?4 '83 ,twos TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 16 , 1983 Mr. Daniel Long , Town Clerk Frank Smerczynski Town Office Building NE side of Turnpike 120 Main Street at Middleton line North Andover , Mass . Petition No . 48- ' 83 Dear Mr . Long : The Board of Appeals held a public hearing on Monday evening , August 8, 1983 upon the application of Frank Smerczynski The hearing was advertised in the North Andover Citizen on July 21 and 2°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 ; William J . Sullivan ; and Augustine W . Nickerson , The petitioner seeks a variance from the provisions of Section 7 , Pare. 7 . 1 , 7 . 2 , 7 . 3 , Table 2 and footnote 3 of the Zoning By Law so as to permit clarification or amendment to an original variance to allow the expansion of a building within present zoning setback requirements on premises located at the northeast side of Turnpike Street at the Middleton line . The petitioner ' s counsel testified that area , frontage , and side setback variances were granted by the Board of Appeals in 1976 to allow the construction of the building on the premises . The Notice of Decision dated July 2, 1976 contains the condition that the building shall conform specifically to the plan dated April 7 , 1976 . The applicant now proposes to add to the existing structure on the North Andover side . Although the setbacks will be met , it appears that a variance is necessary at this time due to the language of the original Notice of Decision . August 16, 1483 Tt� - 3 , Frank Smerczynski NO! G','ER Petition No. 48- ' 83 AUG ?3 Page' 2 11 PM 183 Upon a motion made by Mr. Frizelle and seconded by Mr . Trepanier , the Board voted unanimously to grant the variances as requested , thereby amending the Board' s 1976 decision . The Board finds that desirable relief in the form of this amend- ment may be granted withoug nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Sincerely , BOARD OF APPEALS ,er Frank Serio , Jr . , Chairman Jw Received by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 19�Cdg 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 appro is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every Tot shown thereon has the amount of ..frontag required by the North Andover Zoning By Law and is on a public way namely, ,c-e a�" - -, or a private way , namely , , being land bounded as follows �Sd T .k3.2f Zk�wlew c .337.,F , 2 . The division of land shown on the accompanying plan is not a sub- division for the following �reasons : e�- Cz l 3. Title reference North Essex Deeds , Book ' 1,A71 ; Page Ole?? Q AArD Aook 124P /may to9f. Certificate of Title No . , . Registration Book ; Page Ap licant ' s Signature : Owner ' s signature and address if no the applicant: Applicant ' s Address : GNG l�;aa0 , U31E�G�� FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL 7 • 1996 To The Planning Board of the Toms of North Andover: The undersigned wishes to record the accompanying plan and requests a deter tion by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: le 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 Horth Andover Zoning By—Law and is on a public way namely or a private way namely, —,, being land bounded as follows: NORTIERLx bp► • �4� ? b7 lmd mw or fomrly of lasU rn Tank I=*i USMMY by land naw or forrrla► of Albert Dalt and• OMMMY by land am or fox Ay of SumnyAwkio 2. Title reference: i . Received by Toy°r lieant's si CC Date: 1 _ . J Apppplicant's address G/ra aa� a. • �M� Time: - Signature:��, r t es'^, Oimer's signature and address if not the o applicant: I c 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 lavt and the appropriate endorsement has been made upon the same. 2. The North And Planning Board has determined that said plan shows a subdiviaionj as a. 81-L, t therefore be rs-submitt or approval under the ion control law. Very truly yours$ NORTH ANDOVER PLANNIM BOARD By wu Data: �` FORM A APPLICATION FOR MORSWXT OF PLAN BELIEVED NOT TO RNOUIRM APPROVAL To The Planning Board of the Torn of North Andover: The undersigned wishes to record the accompanying plan and requests a determ:ina- 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 fallowing 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, Route 114 or a private wad►, namiely# being land bounded as follows: WESTERLY by route 114 Na�THMLY by land an or fare= of Nastera Tank Ina* USU= .fir laid now or foriome= of AlbertDan SOtITF RLYby log_Mor Lognig=.of IMmsmaMe. 2. Title reference: North Essex Deeds, Book , Page ; UC Received by Town C. : Applicant's sign tore ]IDC A,,. Date: A ' E� App cants ens ' , Esq. ' 9 fig? 160 Pleasent Street, North .Audanr,fte01845 Time:` WL Signature: o W" CLERK .R6 Owners signature and address if not the applicant: mo�o II� Notice to APPLICAW/TOWN CLERK of Action of Planning Board as Accompanying Plan, 1, The North Andover Planning Board has determined that said plan does not require approval under the subdivision control lax* and the appropriate endorsement has been made upon the same. i 2. The North Andover Planning Board has determined that said plan share a subdivision* as defined by G.L. c. 41, s. 81-Lp and must therefore be re-submitted to it for approval under the subdivision control lax, very truly t s your • �I NORTH ANDOVER PIAMN3 BOARD By Date; ee• • TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS .JUL 2 074- J%W 1, LY063 TJ mti=RK July 2, 1976 NM NWP' Frank B. Smerozynski LQ V Rte, 114/Middleton Line Petition No. 12-*76 Mr. John. J. Lyons, Town Clerk Town Office Building North Andover, Ma. 01845 Dear Mr. Lyons: A publics hearing was held by the Board of Appeals on May 10, 1976 upon application of Frank B. Smerczynski who requested a variation of let area, Table 2; frontage on Rte. 114, Table 2; footnote 1; sideline, Table 2 and footnote 3 of the Zoning By-Lax so as to permit light manufacture on a plan of land located at the Rte. 114 Middleton Line. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, vice-Chairman; Louis DiFruscio, Clerk; James D. Noble, Jr., and Assoc. Member, Walter Jamitkowski. The hearing was advertised in the Lawrence Eagle-Tribune on April 24 & May 1, 1976 and all, abutters were duly notified by regular mail. On a motion made by Mr. DiFruscio and seconded by Mr. Frizelle, the Board voted to GRANT the variance of the By-Law, Sec. 6.1, Table 2; Sec. 6.2, Table 2 f.n. 1; Sec, 6.3, Table 2 and footnote 3 pursuant to the petition set forth in the Notice on the premises located on the North side of Route 114 at the Middleton Tomn Line. In granting this variance the Board has determined that each of the provisions set forth in Section 9.5 were met. The pael'of land in question meets the test of substantial hardship in that the petiti 'er owns a contiguous parcel of land in the Town of Middleton on which he owns a 'house and a business. The size and the shape of the land in North Andover owned try the petitioner is such that under the provisions of the By-Law it would be unavailable for use as a singular parcel of land for any use. Furthermore, the topography of the parcel requires that the setback requirement be varied since it would require large amounts of fill to render it usable which could, among other Frank B. Smerczynski -2- July 2, 1976 things, create an enviremental problem if attempted. In granting the variance, the Board recognizes the front setback will not place the structure in a position out of proportion to other structures in the area. The granting of this variance will not derogate from the intent and purpose of the By-Law since the proposed use, light manufacturing, is an allowed use and pursuant to section 4.11 (2) of the By-Law, that use of the North Andover By Law is imposed on the land. The relief granted herein is consistent with the public good in that it renders the land in question to be used for purposes which will further the tag base of the community. Very truly yours, BOARD OP APPEALS Alfred 4, Frizelle, Vice-Chair-man AEF,gb 3 �i0R7fy r •�� ONf�Rgr�� i cam-. Acn�4P'� :ai 4q••�'�1855 pp' �wwvrvr�� TOWN OF NORTH ANDOVER � D MASSACHUSETTS c ii X97& gap 4HN 1 BOARD OF APPEALS Tcxtyry . 5 N. gip t NOTICE OF DECISION lQ Date . . July. ?r. 1.976. . . . . . . . . . . . Petition No.. . !?—'76 . . . . . . . . . . . . . Date of Hearing. MAY.19,. 19.7.6 . . . . Petition of Be . C.2T$xI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected PIM. 114.AT. XIDDLWM .TOW.LT,Ni; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . NORTH. ANDOVER.ZONING.I)T LAW . .Sec,.. 6...1, .T8b1e. .2, .SQc.. 6.2, .Table. .2,f,&*. A; Sec. 6.3, Table 2 and f.n. 3 so as to permit light manufacture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .MART the VARIANCE . . . . . . . and hereby authorize the Building Inspector to issue a permit to . Frank B. SmerezYnski. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: the building shall conform specifically to the plan dated April 7t 1976 Signed 1ilfred,E,. Frizelle, Vice-Chairman Louis DiFrusciot ,Clerk . , . . . . . . . . James .D. .Nob1,e, ,Jr.. . . . . . . . . . . . . Walter.Jamit.1wwoki t. ,l sgoc.:Member Board of Appeals Oversized Maps on file with the Town