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HomeMy WebLinkAboutSUTTON, JOHN } e .t •2 •. .! 9')"�n^r" e`er:: � � fi " y3•�d� "Q� � � 1 ;°'. in the Office of the Towey L le MAR 14 ki G2 r,H 'sI Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS OARD OF APPEALS NOTICE OF DECISION John R. & Margaret V. Sutton 487 Waverly Road Date . . . . .March•14,• .1991• • • • • • • North Andover, MA 01845 Petition No.. . . . . . . . 42-90. . . . . . . . Date of Hearing. .March.12,. 1.R9I.. Petition of John R. & Margaret V. Sutton Premises affected . . .487.Waverly-Road . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . • . . . . :• . Referring to the above petition I i as •a•Party . . . . Aggreived for review of a decision made by the Building Inspector in letter dated 1/14/91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . v. . After a public hearing given on the above date, the Board of Appeals voted to UPHOLD. THE r X DECISION OF THE BUILDING INSPECTOR DUE TO THE FACT THAT REGARDLESS OF WHETHER A BUSINESS EXISTS-AT- 487 WAVERLY .ROAD NOT,_ UNMORM THE PARKING OF A TRUCK ADMITTEDLY IN EXCESS OF ONE TON IS IN VIOLATION OF SECTION 8.1, ,,,. �yX JIX •PARAGRAPH 12 OF. -THE-ZONING •BYLAW.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed j Frank. Serio; Jr..,• •C, • rman Walter Soule, Clerk . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Raymond Vivenzio . . . . .Anna- O'Connor. . . . . . . . . . . . . . . . . . . . . . . . .LQui.s::Rissin. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals fit:' �ponrM �C14�° 1�t cijYER 1� P.ny Wr "� _ �'':otice * MdR I4 10 02 QM '51 of {i. ^ , To�n PPP T j in the Office of the ' 014 `� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS John R & Margaret Sutton** Petition: #142-90 487 Waverly Road * DECISION N. Andover, MA 01845 The Board of Appeals held a public hearing on Tuesday evening, March 12, 1991 at 7:30 p.m. upon the application of John R & Margaret V. Sutton as a Party Aggreived for a review of a decision made by the Building Inspector in a letter dated January 14, 1991 on the premises located at 487 Waverly Road. The following members were present and voting: Frank $erio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on February 27, 1991 and March 6, 1991 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Mr. Soule, the Board voted to uphold the decision of the Building Inspector due to the fact that regardless of whether a business exists at 487 Waverly Road of not, the parking of a truck admittedly in excess of one ton is in violation of Section 8.1, Paragraph 12 of the Zoning Bylaw. Dated this 14th day of March, 1991. BOARD OF APPEALS 9 Frank Serio, Jr Chairman Jawt DONALD F. SMITH ATTORNEY AT LAW - 39BrihtWOOd Avenue _ » NORTH ANDOVER, MASSACHUSETTS TEL-X496 663-1839 01845 Febryary 6, 1991 To: The Zoning ,Board of Appeals Town of North Andover Town Building North Andover, Massachusetts rrn w x a NOTICE OF APPEAL z: M Notice is hereby given by John R. Sutton and Margaret V. Sutton of 487 Waverly Road North Andover MA 01845 being �- aggrieved by a decision or order of the Building Inspector dated " January 14, 1991, do hereby appeal from such decision or order, a copy of which is hereto attached. The appellants say that they, and neither of them, is in vio- lation of the Zoning By-Laws as specified in the decision or order. This appeal is taken in accordance with the provisions of section 10.4 of the Zoning By Laws. J n R. Su t isd rga t V. Sutton Donald F. Smit , Attorney for Appellants, 39 Brightwood Avenue North Andover, MA 01845 Tel. (508) 683-1839 �wawry KAREN H.P. NELSON Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION " DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT January 14, 1991 Mr. & Mrs. John R. Sutton 487 Waverly Road North Andover, MA 01845 Dear Mr. & Mrs. Sutton: This office is in receipt of two (2) formal complaints from Peter G. Shaheen, Esq. , in behalf of Mrs. Hannah Bailey. The Attorney states that you are operating a trucking business from your residence which is in the Residence 4 District. Investigation of your property reveals a true complaint. The conducting of a trucking business in the Residence 4 District is in violation of the North Andover Zoning _By-Laws. Specific violations, copies of which are attached, are 4 . 122, Paragraphs 4 (a) , (b) , (c) , (d) , (e) , (f) and 18; 8. 1, Paragraph 12. You are hereby notified to cease the operation of a trucking business in the R-4 District within thirty (30) days after receipt of this notice. Paragraph 10. 13 of the Zoning By-Law .provides for a penalty of Three Hundred Dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Your cooperation in bringing this matter to a final conclu- sion is appreciated. Yours truly, D. Robert Nicetta, Zoning Enforcement officer DRN:gb c/Peter G. Shaheen, Esq. Karen Nelson, Dir. P & C.D. Enclosures 7 . A parking space shall mean an area of not less than 10 x 20 ' , accessible over unobstructed driveways Y not less that 25 ' wide . For parking lots which contain ten ( 10 ) or more spaces , up to forty percent ( 40& ) of the total number of parking spaces provided may be designed for compact cars with a minimum width of 7 . 5 feet and length of 16 feet . Compact car spaces cannot be provided for grocery stores. 8. For multi-family dwellings the front yard shall not .' be used for parking for accessory uses . 9 . In all residential districts the front yard shall not be used for parking for accessory user . 10 . In residence districts parking or outdoor storage of one ( 1 ) recreational vehicle ( camper, etc . ) and one ( 1 ) boat per dwelling unit may be permitted in ! an area to the rear of the front line of the building . All other recreational vehicle and boat y storage ( if any) shall be within closed structures . 11 . Loading facilities provided for any use shall be ` sized, located, arranged, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked` completely clear of any public way or sidewalk. 12. In residence districts garaging of off-street parking of not more than four ( 4 ) motor vehicles per dwelling unit may be permitted, of which four ( 4 ) motor vehicles, not more than two ( 2 ) may be commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nonmotor powered agrulture implements on an agriculturally active faA or orchard on which such vehicles are parked. Commercial vehicles in excess of one ( 1 ) ton capacity shall be garaged or screened from view of residential uses within three hundred ( 300) feet by either : a. A strip at least four ( 4 ) feet wide , densely planted with trees or shrubs which are at least four (4 ) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six ( 6 ) feet high within three ( 3 ) years, or b. An opaque wall , barrier, or fence <of uniform appearance at least five ( 5 ) feet high, but not more than seven ( 7 ) feet above finished grade . 82. 4. 122 Residence 4 District 1 . One residential building per lot. 2 . Place of Worship . 3 . Renting rooms for dwelling purposes or furnishing table board to not more than tour ( 4 ) persons not members of the family resident in a dwelling , so used, providedtherebe no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six ( 6 ) inches by twenty-four ( 24 ) inches in size , and further provided that no dwelling shall be erected or altered primarily for such use . 4 . For the use of a dwelling in any residential d district or multi-family district for a home W occupation, the following conditions shall apply: 7 a. Not more than a total of three ( 3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; ,j b. The use is carried on strictly within the principal building; C. There shall be no exterior alterations , accessory building, or display which are not customary with residential buildings; d. Not more than twenty-five ( 25 ) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use . In connection with such use , there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; r e. There will be no display of goods or wares visible from the street; f. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance , emission of odor, gas, smoke , dust, noise , disturbance , or in any other way become objectionable or detrimental to any residential use within the neighborhood; g. Any such building shall include no feature of design not customary in buildings for residential use . , 13 . Cemetery . Y' 14 . One or two-family dwellings , includinq the right to convert any existing dwelling to accommodate not ,G more than rive ( 5 ) family units by Special Permit v , ; 90 Q from the Zoning Board of Appeals after a public r l hearing with due notice given , provided: a. No major exterior structural changes shall be made which alter the character of tie existing neighborhood. The right to convert shall apply to any dwelling under the ownership of one single person , partnership or corporation to 'be converted for use as a dwelling of not more than five ( 5 ) family units , and meeting all requirements of the State and Town Statues and Bylaws, including the Health Codes , Building Codes , Zoning Laws, and Zoning Bylaws . b. Stairways leading to the second or any" higher floor shall be enclosed. ( 1967 / 24 ) ' 15 . Municipal recreational areas . E16 . Guest or rooming houses . 17 . Nursing and convalescent homes - see dimensional r ^, requirements of Table 2 (Special Permit required ) . 18. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious , noxious , or offensive to the neighborhood. f 19 . Accessory buildings no larger than sixty- four ( 64 ) square feet shall have a minimum five ( 5 ) foot setback from side and rear lot lines and shall be located no nearer the street than the building line + of the dwelling. 'r,; 20. Day Care Center by Special Permit . ( 1565/23 ) 21 . Congregate Housing for Elders - special Permit- ! ' a. In the R-4 zone the Planning Board may grant a Special Permit for congregate housing consistent with Special Perm,t criteria and procedures set forth in Section 10 . 3 of this Bylaw. b. The maximum allowable FAR fur congregate housing shall be 0 . 30 in the R-4 District s ( seven ( 7 ) units ) . • at f ! Received by Town Clerk: h RE t, iY _ TOWN OF NORTH AtilbVfat, MASSACHUSETTS BOARD OF APPEALS JI APPLICATION FOIL RELIEF FROM •I•HI: REOUfREMEN'1'S OF THE ZON1,NC ORDINANCE } John R. Sutton 487 Waverly Road Applicant Margaret V. Sutton- ---_ n,hlroz.;No, Andover, MA 01845 1. Application is hereby made: --- ---- - - _-_---- a> x�xx�x�,SRR§txfi��xx�'���r,��Yl't��x�€x�' �lituxxxxx�k�� �i��$:4Rxxxx$�x��x�4�i±;hi5kx�kk�ai'A^�x b) 8�a€x x k c? � xi�st�kst>>rot x Nkm"Me xxxxEZjSxf:�lstx t>sac�g ! r ° '�xxxxxxxxxxxx c) As a Party Aggrieved, for review of a decision made by the IBuilding' Inspector or other authority. ! 2. a) Premises affected are tanrl-- rrnct building(s)` numbnrerl___ ' t b) Premises affected are property with frontage on the tlr,rth { ) ' ( South ( ) cant { ) west (x) sirlc of Street, and known as Nn. - gYrly_ Oc� _ 487 _Waveoad c) Premises affected are in 'lor rnq Dr .trict R4 , and the l,rr•mises affected have an arca of 10,000 •,quare fc,-I and fronl.,,t,• of 3. Ownership a) Name and address of owner ( if jolelf ownership, give ;rl.t. namc; l : _3nhn_1L-__and..Mar_ aret_V, SuUOn, .487_Waverly. -Road. No.. Andvver; MA 01845 Date of Purchase July 28 1967 Prnviou:; os:ner .-.. -,_ ___ Arlene Frazier ' b) If applicant is not owner, check his/her interest in thr premises: --Prospective Purcha:;or __ , d..,,:r.•r nth,•r (r ,a,l,,in) e4 Size of proposer] building;- front; feet dr,• , height stories; feet. 1 ---- Not applicable a) Approximate date of ,crection: b) Occupancy or use of caclr floor: _ c) Type of construction: - - 5., Size of existing bui Lding: feet. front ,• (.•,•t 1.•,•p; Height—_—_stories; -- rQ;c. Not applicable --___ I a) Approximate date of erectir>n: b) Occupancy or use of each floor: c) Type of construction: !r 6. Has there been a previous at,pr•:,1, unir.r Znnin,l, rm thon,• t,r •mi •..r,? . r.i,: 4,•� NO If so, when? .•hi•. 7;,' Description of relief sought on this petition Relief from an order he Build nLy ns or set in g letter to applicants dated copy a ac6e-a-7 - _. So.. Deed recorded in the Registry of ficeds in Book ' 1087 Page 257 ]- l Land. Court Certificate No. [look page The principal points upon which I base my application are as follows: (muat be,stated in detail) 11. . iZDli a c deny thea trnrkin8--husiUess--is-beau$-�-Gn • ted- s &14eged bu Ithe Atti lrling Tn mora-�r and •�-�,�: e s -__ �Ias --_i�3Y thgreon incl ara ,ant in Mialarin ,f ♦l o �nplicable ]'37rlSWs. 'I agree to pay the filing fee, advertising in newspaper, and incidental expenses* John R. Sutton and Margaret V. Sutton byy ¢ /±-�� a .i_'� _ , _Tl�@ir Attorney Signnturc-of'Fetitioi�crls3 ' ( Every application for action by the Board shall be made oil a form approved ] by- the Board. These forms shall be furnished by the Clerk upon request. JAny communication purporting to be an application shall be treated an mere • ' notice of* intention to seek relief until such time as it is made on the official application form. ALL information called -for by the form shall be furnished by the applicant in the manner hherein,prescribed. ! Every application shall be submitted with I lint of. "1'art:ie- In interest" {which list shall include the petitioner, ahntters , owners rtf lruul directly opposite on any public or private street or way, and abutters to the -abutters ;within' three hundred fact (300') of the prnperty line of the petitioner as they appear • on the most recent applicable tax list, !notwithstanding that the land of any such owner is located in another city -or town, the Planning Board of the city or town,, and the Planninghoard of ;.1. f `every abutting city or town. t �; {It '•"Every application shall be submitted with an application chary" cost in p ;the amount- of $25.00. In addition, the petitioner .hall be responsible '+ y, i•, for any and all costs involved in bringing the petition hef.ore the Board. Such costs shall include mailing and publication, but are not necessarily, r1' limited to these. y� Every application shall be submitted with n, plan of Lruirl approvcrl by the 1%r - Board. No petition will be brought before the LtnitPrt unless ;:aid plan has .� been submitted. Copies of the hoard's r.r_rtulreen•nt.s rcgnr.ding pLartn are attached hereto or are available from the hoard of. Appeals upon request. i LIST OF PAIITI17S IN 111TEREST ; VSE Alex r' C�4 t 1yt k, 1 LIST OF PARTIES OF INTEREST a MAP # 'PARCEL # NAME ADDRESS � John R. & Margaret V. Sutton 487 Waverly Rd. North Andover- ,7 Kathleen Hillis, 204 Middlesex St. North Andover MA 01845 3 John R.M. & Nancy Singleton, 476 Waverly Rd. , North Andover, MA 01845 Hannah S. Bailey, 499 Waverly Rd., North Andover, MA 01845 2 f Arthur L. & Irene N. Fournier, 509 Waverly Rd., North Andover, MA 01845 b' , ( Michael P. Roberts, Trustee ( of 477-479 Waverly Condominium, 479 Waverly Rd. , North Andover, MA 01845 A DONALD F. SNII'fll ATTORNEY AT LAW 39 Sri htwood Avenue MXXAMxx=NM1DMx NORTH ANDOVER, MASSACHUSETTS TEL. J415ME 6a3-1839 09845 FebrVary 6, 1991 To: The Zoning Board of Appeals Town of North Andover Town Building North Andover, Massachusetts NOTICE OF APPEAL Notice is hereby given by John R. Sutton and Margaret V. Sutton, of 487 Waverly Road, North Andover, MA 01845, being aggrieved by a decision or order of the Building Inspector dated January 14, 1991, do hereby appeal from such decision or order, a copy of which is hereto attached. The appellants say that they, and neither of them, is in vio- lation of the Zoning By-Laws as specified in the decision or order. This appeal is taken in accordance with the provisions of section 10.4 of the Zoning By Laws. John R. Sutton Margaret V. Sutton ,. Donald F. Smi Attorney for Appellants, 39 Brightwood Avenue North Andover, MA 01845 Tel. (508) 683-1839 KAREN H.P.NELSON ector Town of 120 Main Street, 01845 BUILDING NORTH ANDOVER (508) 682-6483 ' '���_''" CONSERVATION ��"`"'"� DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT January 14, 1991 Mr. & Mrs. John R. Sutton . 487 Waverly Road North Andover, MA 01845 Dear Mr. & Mrs. Sutton: This office is in receipt of two (2) formal complaints from Peter G. Shaheen, Esq. , in behalf of Mrs. Hannah Bailey. The Attorney states that you are operating a trucking business from your residence which is in the Residence 4 District. Investigation of your property reveals a true complaint. The conducting of a trucking business in the Residence 4 District is in violation of the North Andover Zoning By-Laws. Specific violations, copies of which are attached, are 4.122, Paragraphs 4 (a) , (b) , (c) , (d) , (e) , (f) and 18, 8. 1, Paragraph 12. You are hereby notified to cease the operation of a trucking business in the R-4 District within thirty (30) days after receipt of this notice. Paragraph 10.13 of the Zoning By-Law .provides for a penalty of Three Hundred Dollars ($300. 00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Your cooperation in bringing this matter to a final conclu- sion is appreciated. Yours truly, �rCCz�atJ y D. Robert Nicetta, Zoning Enforcement Officer DRN:gb c/Peter G. Shaheen, Esq. Karen Nelson, Dir. P & C.D. Enclosures s 7 . A parking space shall mean an area of not less than 10 ' x 20 ' , accessible over unobstructed driveways not less that 25 ' wide . For parking lots which contain ten ( 10) or more spaces , up to forty percent ( 40& ) of the total number of parking spaces provided may be designed for compact cars with a minimum width of 7. 5 feet and length of 16 feet. Compact car spaces cannot be provided for grocery stores. 8. For multi-family dwellings the front yard shall not be used for parking for accessory uses. 9 . In all residential districts the front yard shall not be used for parking for accessory uses . 10 . In residence districts parking or outdoor storage of one ( 1 ) recreational vehicle (camper, etc . ) and one ( 1 ) boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage ( if any) shall be within closed structures. 11 . Loading facilities provided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle customarily excepted for the use while such vehicle is parked completely clear of any public way or sidewalk. 12. In residence districts garagingof off-street parking of not more than four ( 4 ) motor vehicles per dwelling unit may be permitted, of which four ( 4 ) motor vehicles , not more than two ( 2 ) may be commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered agriculture implements on an agriculturally active farm or orchard on which such vehicles are parked . Commercial vehicles in excess of one ( 1 ) ton capacity shall be garaged or screened from view of residential uses within three hundred ( 300 ) feet by either: a. A strip at least four ( 4 ) feet wide , densely planted with trees or shrubs which are at least four ( 4 ) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six ( 6 ) feet high within three ( 3 ) years, or b . An opaque wall , barrier, or fence of uniform appearance at least five ( 5 ) feet high, but not more than seven ( 7 ) feet above finisned grade . 82. 4. 122 'Residence 4 District 1 . one residential building per lot. 2 . Place of Worship . 3 . Renting rooms for dwelling purposes or furnishing table board to not more than tour (4 ) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six ( 6 ) inches by twenty-four ( 24 ) inches in size , and further provided that no dwelling shall be erected or altered primarily for such us•e . 4 . For the use of a dwelling in any residential district or multi-family district for a home .., occupation, the following conditions shall apply: "* a. Not more than a total of three ( 3) people may ' be employed in the home occupation, one of whom J shall be the owner of the home occupation and T residing in said dwelling; b. The use is carried on strictly within the principal building ; �✓ C. There shall be no exterior alterations , accessory building, or display which are not customary with residential buildings ; d. Not more than twenty-five ( 25 ) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand ( 1000 ) square feet, is devoted to such use. In connedtion with such use, there is to be kept no stock in trade , commodities or products which occupy space beyond these limits; r e . There will be no display of goods or wares visible from the street; f . The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance , emission of odor, gas, smoke , dust, noise , disturbance , or in any other tray become objectionable or detrimental to any residential use within the neighborhood; 1 g. Any such building shall include no tNature of design not customary in buildings for residential use . a 3 13. Cemetery . 14 . One or two-family dwellings , inclucing the right to convert any existing dwelling to accommodate not , more than five ( 5 ) family units by Special Permit V\ qo from the Zoning Hoard PP of Appeals after a public (� hearing with due notice given, provided: a. No major exterior structural changes shall be made which alter the character of the existing +� neighborhood. The right to convert shall apply to any dwelling under the ownersaip of one a single person, partnership or corporation to be converted for use as a dwelling of riot more than five ( 5 ) family units, and meeting all requirements of the State and Town Statues and Bylaws, including the Health Codes , Building Codes, Zoning Laws, and Zoning Bylaws . b. Stairways leading to the second or any higher floor shall be enclosed. ( 1987/24 ) rl 15. Municipal recreational areas. 16 . Guest or rooming houses . 17 . Nursing and convalescent homes see dimensional requirements of Table 2 (Special Permit required ) . 18. Any accessory use customarily incident to any of the above permitted uses , provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. 19 . Accessory buildings no larger than sixty-four ( 64 ) �• square Leet shall have a minimum five ( 5 ) toot setback from side and rear lot lines and shall be located no nearer the street than the building line "s of the dwelling. 20 . Day Care Center by :special Permit. ( 1985/23 ) i 21 . Congregate Housing for Elders —Special Permit a. In the R-4 zone the Planning Board may grant a Special Permit for congregate housing consistent with Special Perm.t criteria and procedures set forth in Section 10. 3 of this Bylaw. b. The maximum allowable FAR for congregate housing shall be 0 . 30 in the R-4 District ( seven ( 7 ) units ) . rr �t