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HomeMy WebLinkAboutST. PIERRE, LOUIS 18L7 �'� X112 wE� ',r��9 �•.,. RECE :., 13 i�i3o TOWN OF NORTH ANDOVER I IOHN �• LYONS TQwN CLERK -Lb MASSACHUSETTS NURTR ANuuVER 1 Sp b` 0,tip's 0 7, BOARD OF APPEALS April 13$ 1973 Louis St, Pierre 77 Chadwick Street Petition No. 8-173 John J. Lyons, Town Clerk Torun Office Building North Andover$ Mass. Dear Sir: A public hearing was held by the Board of Appeals on March 12$ 1973 upon applica- tion of LOUIS ST. PIERRE who requested a variation of Section 6.3 of the Zoning By-Law so as to permit an addition to a dwelling which would be closer to the side line than is allowed; located at the west side of Chadwick Street and known as 77 Chadwick Street. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau$ Clerk; Arthur R. Drummond, Frank Serio, Jr. and William N. Salemme. The hearing was advertised in the Lawrence Eagle-Tribune on February 24 and March 3j 1973 and all abutters were duly notified by regular mail. Mr. St.Pierre appeared on his own behalf and explained that he would like to build an addition to his home. The addition would be to the living room area and would measure 7 ft. by 16 ft. and would be 4.8 feet from the side lot line. The dwelling on the abutting lot is approximately 50 feet from the lot line. The petition was taken under advisement and was again discussed at the meeting held on April 91 19739 with the same Board members present. Mr. Serio made a motion to GRANT the variance; Mr. Drummond seconded the motion and the vote was unanimous. The Board found that the addition would not be detrimental to the neighborhood since there are many older homes on small lots in the area. That there would be a hardship, financial or otherwise$ if the petitioner were not allowed to provide additional living area and that the addition would in no way derogate from the intent and purpose of the Zoning By+-Law. Very truly yours$ OF APPEALS . Philip Arsenault, Esq, AD Chairman y �NORTyq ••�as.�. ALLY f,Kl F� AIItIL'JI'1 :.'may► 9�SACHIA �1f VW * TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . .April . .N. r. 1973. . . . . . . . Petition No.. r!'73. . . . . . . . . . . . . . . Date of Hearing. . . 2973 Petition of . . . Ltn1is St. Pierre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . .77. Ghadtr * WO St. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North. Anda"r.ZoAing.Br.-IAW -.Sectio b0. . . . . so as to permit . . .an. . . addition . . . . . . . .to. . . . .a dwellin.g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to -MW1 the Vari etc® . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . . ::Louis. St. Pierre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed J. .Philip AreenanitR .Ssc!•a Chaiman . . . . . . . . . . . . . . . . . . . . . . . . . Arthur x. Frank. Serior .dr.. . . . . . . . . . . . . . . . . . . . . . . . . W . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Kms. . �NOR711 Any appeal s"a] W9 ':;; within (20) days after the 'k aspojto�' date of filing of this Notic® In the OfficZown ��� 9S•�•. �� � of t t� . �►""gCHO FEB 27 1 57 "` ° ***..• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . F.ebruary. 2J, 198.4 Petition No..8-.'.8 4. . . . Date of Hearing. . .February .13,,. 1984 Petition of . . . LOUIS R. AND GERTRUDE ST. PIERRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 71 .an7.7 .Chadwick. . Street. .. . . .d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . Zoning. By. Law, Section 7,. Para graphs. .7, 1, . 7 .?.,. . 7 ..3. .and .T le. .?. . . . . . . . . . . . . . I . . . . . . . . so as to permit . .relief from. the . area.,. . f.xon.tage , . .and .se.tba.ck. .req.uirements to allow, the. .continued .e.xis.t(�nnce. .of. .tw.o . dwel.lin.gs . .and .a. garage. .and the conveyance of a lot. After a public hearing given on the above date, the Board of Appeals voted to . . .G.ran.t. . the variancesxst6�rit� t� g� st4 � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xxtlae xexof �also�ars¢iw based upon the following conditions: That no new dwelling be placed on Lot 3 as shown on the plan. Signed Frank .Serio,,. ,Jr., , . Chairman. _ , . . . . Alfred E.. .Frize.11e, . sg.,, .Vice. ,Chairman William. J.... . S.ulliva.n. . . . . . . . . . . . . . . . Augustine. .W.. .Ni.ckexson . . . . . . . . . . . Walter .F... .Soule . . . . . . . . . . . . . . . . . . . Board of Appeals AnY appeal $hall b@ #fjl�ct 3! ,: i o�.•M - .... Within (20) days dit@f the ' date of filing of the *IFp� FEB .R? W 84n• . ) the o - � ffice of the Twn 'a ��• :Clerk. �- TOWN OF NORTH ANDOVER MASSACHUS TS BOARD OF A PEALS February 21, 1984 Mr. Daniel Long, Town Clerk Louis R. St. Pierre Town Office Building 71 & 77 Chadwick St, North Andover, Mass. 01845 Petition No. 8-184 Dear Mr. Long: The Board of Appeal's held a public hearing on Monday evening, February 13, 1984 upon the application of Louis R. and Gertrude St. Pierre. The hearing was advertised in the North Andover Citizen on January 26 and February 2,, 1984 and all abutters were notified by regular mail. The foll wing members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle , Esq., Vice Chairman; William J. Sullivan; Augustine W. Nickerson; and Associate Member Wajlter F . Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraphs 7. 1, 7.2 , 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the lot area, frontage, and setback requirements to allow the continuance of existinj dwellings on Lots 1 and 2 which do not meet the dimensional require ents of the Zoning By Law and the conveyance of Lot 3 as shown on the plan. The applicant' s attorney testified that Lot l lacks adequate area, and the proper setbacks for the exi ting dwelling and garage; Lot 2 lacks adequate area, frontage, and setbacks for the existing dwelling; and the proposed Lot 3, bBing a narrow vacant lot, lacks adequate area and frontage and is t be separated and conveyed to a neighbor, Miss Paula Daigle, if t e variances are granted. 14iss Daigle 's driveway is adjacent to Lo 3 and is right up to the property line. No new dwelling is proposed or Lot 3. No opposition was voiced at the hea ing. Er' E [1 J,A , Louis R. St. Pierre T ; 71 & 77 Chadwick Street Petition No. B-184 February 21, 1984 rEB 17 �t 57 Page 2 Upon a motion made by Mr. Frizelle and seconded by Mr. Soule , the Board voted unanimously to grant the variances with the condition that no dwelling be constructed on Lot 3 as shown on the plan. In granting the variances, the Board finds that the location of the structures on Lots 1 and 2 for several years with their devia- tions from the current provisions of the Zoning By Law constitures a hardship as defined in Section 10 . 4 of the Zoning By Law. Further, the Board finds that relief may be granted allowing the creation of Lot 3 to be conveyed without nullifying or substantially derogating from the intent and purpose of the Zoning By Law. Said variances , in the opinion of the Board, may be granted without a detriment to the public good, Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman jw (Plan to follow) t i i Next,, - ,tic O ..�� ., p� °y � ���� • + .. TOWN OF NORTH 'AIN�OVER '=� r . 4.:�,-te ��; � MASSACHry�AR USETTS g 1979 " . .-BO -OF-APPEALS ...-.­ — ;'�•..' ; -�;' �, NOTICE: This application must be typewritten: 4 �'', APPLICATION FOR RELIEF FROM THE- REQUIRMENTS OF. THE: ZONI, ORDINANCE f`' + Louis R. 5t.Pierre and` ' icant Gertrude C St. Pierre Address 77 Chadwick St. , North ,Andover pplication is hereby made - 6 . 1, 6 .2, 6.3 (Table 2) . a) For a variance• from the requirements of Section , Paragraph• of the Zoning By-Laws. b) For a Special Permit under Section ,Paragraph ' of the zoning By-Laws. g � ) As a- party .aggrieved, ` for review of a decision made by ' the Building pi: Inspector or other authority. j 3) Premises affected are Tandand buildings_x__ numbered7l & .77 . S §tUx Chadwick St. and 75. We tworth Avenue , 1 3). Premises affected are property with frontage on the North S8uth x East i+Test side of Ch;adwic'k Street, and East sice; �foxgr � o e e. , known as j 71 , 77 Chadwick St , an en orth Ave. ;) Premises affected are in Zoning District R4 ,and the pre mises• j affected have an area of 4161 and 'frontage Qf 51 .25feetSLgt #1),; Lot #2 , area 3669; frontage, •.25;, Lot #3, area-MSU 'frontage 73 ;feet. niorship: A ` i) Name and address of owner (if joint ownership,give all names); l Louis Rt St . Pierre and Gertrude -C . St . Pierre, 77 Chadwick St. , No . Andover , 4/11 /60 aurice a c - wick tl. Date of purchase 11/ 17/64 Previous owner Joseph Steer - 71—C-W&-dwicjrSt. �) If applicant is not owners check his interest in the premises : Prospective purchaser ` _^_Lessee _--Other (explain)_ ze of proposed building: 42 front- 33 feet deep, fight: stories; eet. Approximate date of erection June 1979 Occupancy or use. (of each "floor) : R's d-ential 'Type of const,.~uctron m 25 " ze of Existing Building: 30 feet front; 40 feet deep:' ight each 1 Stories , 77 Chadwick Street - 1949 Approximate date of erection 1920 Occupancy or use (of each floor) :Residential Type of coi1sLruction Wood frame s there been a previous appeal, under zoning, on these premise-s: NONE so, when _ ,_ scription of relief ' sought on this petition: permission to divide sand ' into-°3 lots with less than required frontage and area, leaving existing wel in ith less than required side and rear yards; and relocate. garage t , I to point where it twill have less than required side And rear yer s . " r i - i ------------------ ed recorded in the Registry of Deeds in Book Pa a or Land 11'x:`y Certificate NO.. Book/ . . PageL"' - g � j 2; DEEDS ; Book 913, Page 71 and Book 1022, PageT+93 t The Points principal ' • � ,; follows . i P Upon which I base my application are as (must be stated n detail) Owin to Circumstances relating to the shape of.the locus ar}d the location �F --sem-stress. �. no S, es e i of€ectinthe locus, but Prbvis1 s of t_ district a iteral enforcement of the 'ances or B -Laws' would -iri�olve- substantial hardship._ financial or 'otherwise to the , etitioners, and that desirable relief ma be r. ted without s bstantial detriment to the ' ublic good and without -Al„y. uch -Laws. . agree to pay for advertising in newspaper and incidental expenses, i (Pet' l APPLICATION FORM ��P � nature) APPLICAT N FIL G DATE Every application for action b '� - m approved by the Board. These formstshzBlabe furnished on upon request, Any communication the' '- be treated - ated as Purporting Y mere notice of intention to seek reliefauntilasuch as it is made on the official application d for by. the form shall be furnished All information_; in prescribed. . Y applicant in the m • annex Every application shall be submitted faith a list of "pa terest`.` which list shall include the ad directl o Opposite on Petitioner,--abiAtters rales s of land within three hurndredbfeetoofptheatroseYeet or wa °inners ' nd appear on. -the most recent a . P P tY line allasind of any such owner is IoPPlicable tax list, notwithstanding' t1jat ng board of :`the toirn and thetpaanninnother city or town, the rn. g board of every abuttiri 8 6ity j Every application shall be submitted. �aith an a ient to cover the cost of postage of notlC€�- to all , parti si fee - - Parties in .LIST OF PARTIES IN INTEREST i J � ADDRESS I i l _ '• • ! ADD ADDITIQATAL SHEETS IF NECESSARY,. } j r v1 i t ! Ii LIST OF PARTIES IN INTEREST ! i Louis F. & Leona D. Sirois 73 Wentworth Avenue, N.A. Vito J. Melnikas 63 Wentworth Avenue " Andrew J. & Vito J. Melnekis 61 Wentworth Avenue " Joseph P. & Helen Willan 49 Wentworth Avenue " Donald & Mary J. Stewart 52 Prospect Street It Geroge E. & Marie A. Melville 60 Prospect Street " i George B. & Marguerite A. Lumb 68 Prospect Street " William J. & Anna Beaton 74 Prospect Street " Francis P. & Lillian B. McCann 80 Prospect Street " '1 Orest & Mary Coppeta 81 Chadwick Street " Froilan A. & Veronica B. Fernandez 91 Chadwick Street " Robert C. & Paula M. Houston 138 Moody Street " Timothy J. & Madeline M. Murphy 130 Moody Street " Helen M. & John A. Plano 126 Moody Street " Ralph C. & Barbara L. Bevin 69 Prospect Street " Richard K. & Rita C.. MacDonald 67 Prospect Street " Rudolph A. & Helen T. Rapaz 65 Prospect Street " Town of North Andover Selectmen' s Office " Joseph 8-. & Antoinette R. Karolisyn 388 Sutton Street " Edward A. & Irene S. Czarnecki 76 Chadwick Street " Fred D. & Shirley Pinaud 61 Chadwick Street " Josephine B. Endelos 53 Chadwick Street " Bruce A. Wheeler 72-74 Wentworth Avenue" Edward D. Schruender 69 Highland View Avenue" s Carmelina F. Galvagna & Santina Luzzio 75 Pembrook Road " D. Robert & Maureen E. Nicetta 63 Highland View Avenue" Andrew V. & Eileen D. Melnikas 61 Wentworth Avenue of Leonard & Andrea Carrese 45 Highland View Avenue" Sarah E. & Theresa L. Ferrin 30 Kendall St. , Lawrence Milton F. & Mildred E. Howard 48 Wentworth Avenue N.A. Joseph J. & Emerita J. Greco 45 Highland View Avenue " Norman M. & Frances A. Fleming 385 Sutton Street It Frank J. & Genia A. Kmiec 66 Chadwick Street " Carl E. & Agnes L. Nelson 379 Sutton Street " Charles P. & Valerie T. Tamoszauskas 56 Chadwick Street " ?` Re#na J. Griffin 365 Sutton Street " a Morton J. & Genevieve T. Barclay 108 Moody Street " t• ,aORrya Of . ao •qq. . > p 8�cwu TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 4, 1979 1a iT �2 • �3 Louis R. St.Pierre Chadwick & Wentworth AGNPetition#10-'79 4 1979 Daniel Long, Town Clerk Town office Building b North Andover, Ma. Dear Sir: A public hearing was held by the Board of Appeals on April 9, 1979 upon application of Louis R. St. Pierre who requested a variation of Sec. 6.1, 6.21 6.3 and Table 2 of the Zoning By-Law so as to permit the division of land into three lots with less than the required frontage and area, leaving existing dwellings with less than the required side and rear yards, and relocate garage to point where it will have less than required side and rear yards as shown on a plan of land dated February, 1979• The following members were present and voting: Alfred E. Frizelle, Esq., Vice- Chairman; R. Louis DiFruscio, Clerk; James D. Noble, Jr.; Richard J. Trepanier, Esq.; and Assoc, Member, William J. Sullivan. The hearing was advertised in the North Andover Citizen on March 22 & 29, 1979 and all abutters were duly notified by regular mail. At the hearing the petitioner, through his counsel, Atty. Philip Arsenault, introduced evidence showing that the land in question was acquired by the petitioner at separate times. Evidence was introduced that the petitioner's desire was to divide the property to enable him to construct a dwelling for his daughter and, -turther, . that it would be a financial hardship to require him to continue to retain the property as it presently exists. There are two dwellings existing on the property, plus a large garage which, as stated by the petitioner, would be moved to enable construction of the new dwelling. Members of the Board, subsequent to the hearing, viewed the premises in question. On motion made by Member Trepanier, seconded by Assoc. Member Sullivan it was unani- mously voted to DENY the variance requested. While the Board was swayed somewhat by the petitioner's desire to provide a home for his daughter, the determination to deny the variance was made by a consideration of the facts and by applying the existing law. St. Pierre Decision -2- To grant the petitioner a variance would require a variance on the frontage on all of the proposed lots; a variance on the area on all of the proposed lots and a variance on the side and rear setbacks on proposed lots one and two. It was the Board's determination that the requested variance did not meet the specific tests set forth in Sec. 9.5 of the By�Law and G. L. Ch. 40A9 as amended, namely, that the petitioner did not present sufficient evidence that there was a substantial hard- ship and, further and more importantly, that the granting of the variance could not be made without substantially derogating from the intent and purpose of the Zoning By-Law. Further, that if the Board granted the variance it would not be in the public good. Unfortunately, the land'in question is not, in the opinion of the Board, of sufficient size to enable the division of land as proposed. Very truly* yours, BOARD OF APPEALS Alfred ., Prizelle, Esq., Vice-Chairman AEF:gb o�.NORTy�� .3 dace"°°rtu�•�Cy� ;: I855 •y`• ►►�gCHil gi,� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . June 4,. 1979. . . . . . . . . . . . Petition No.. . . ?fl.'.7.9. . . . . . . . . . . . . . Date of Hearing. . April.9,. 197.9. . Petition of . . . .LOUIS. R, .ST. PIERRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected ;'dentw.orth & Chadwick Sts. Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning By-Law Sec. .6.1, 6.2,. 6.,3 .TOle„2 . . . . . . . . . . . . . . . . . . . . . . so as to permit a division of Jand. into.three .lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .llENY . . . . . the Variance � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Alfred E. Frizelle, Esq., Vice—Chairman R. Louis DiFruscio, Clerk James D. Noble,. Jr.. . . . . . . . . . . . . . . . . . . Richard J. Trepanier, .Esq._ _ . . . . . . . . . . . . . . . . . . . . . . William J. Sullivan, .Assoc.. .Member. Board of Appeals ,xis, _ Pvo.ur y LAMI w.PIfT #. SPIE i- 11 y� y "V'J s . 00 Q �a 1 v ;� •.#YJ V �oT h • Tim } SJR/V'T a te— tvz yNX .EX�sriy qy t i "_-- — 5rocrwcf Hl0 J0.1, •L AWaJ , TA M V `O N1 . 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