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Home My WebLink AboutBURKE, EDWARD (2) NORTI� BAAUG CHUf+ Aft MI v TOWN OF NORTH ANDOVER MASSACHUSETTS zea 4zo BOARD OF APPEALS August 24, 1979 Edward N. Burke 304 Chestnut St. Petition #23-179 Daniel Long, Town Clerk Town Office Building North Andover, Na. Dear Sirs A public hearing was held by the Board of Appeals on August 13, 1979 upon application of Edward N. & Mary Burke who requestedaa variation of Sec. 6.3 (new number 7.3) of the Zoning By-Law so as to permit a side setback variance an the premises located at 304 Chestnut St. and shown on a plan of land dated 7/30/79. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, vice-Chairman; James D. Noble, Jr.; Richard J. Trepanier; and Assoc. Member, William J. Sullivan. The hearing was advertised in the North Andover Citizen on July 26, & August 2, 1979 and all abutters were duly notified by regular mail. The petitioner seeks a variance from the provisions of Sec. 7.3 of the B-Law to permit a side setback of 15.3 ft. from the lot line instead of the required 20 foot setback. The petitioner, through Counsel, presented evidence to show that the initial building permit and subsequent certified plot plans showed that the'dwelling was the required 20 ft. from the side line. On subsequent plans an error was discovered showing that the dwelling was only 15.3 ft, from the lot line. Farther, the dwelling was constructed in 1976 and that neither the petitioner nor the prior owner was the party who constructed the dwelling, On motion made by Frizelle, seeded by Trepanier the Board voted unanimously to BRANT the variance as requested. The Board finds that based upon the evidence presented a substantial hardship has been shown insofar as the placement of the existing dwelling is concerned. Further, the Board finds that the relief as granted will not derogate from the intent or purpose of the By-Law nor will it be of detriment to the public good or zoning district. Very truly yours, Sl .Fio Jr., C r AEF:gb t *10RTf/ �3:ACARroAAT'� 1855 CHO°�� "w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Data . .August .?6?. 1979. . . . . . . . . Petition No.. . . . . . . . . . . . . . . Date of Hearing. . .August .? f . 19.79 Petition of IDWARD N. & MARY BURKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . Premises affected .304.Ohestinut. St... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover. .Z(ming. %r:—Law. . Sea. .7.3.& ..Table. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit side setback .variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I After a public hearing given on the above date, the Board of Appeals voted to PRM. . . . . . the Yhriance . . . and hereby authorize the Building Inspector to issue a permit to . . .EDWARD &_MARY . BURKE. . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed Frank Serio,. Jr., Chairman Alfred E. Frizelle, Vice—chairman, James D. lfoble, .Jr, . Richard J.. Trepaaier . . _ . . . . . . . . William. J.. Sullivan.,. Assov.. Member Board of Appeals REGE{VF TOWN OF NORTH ANDOVER ; X JUL 231973 cm - MASSACHUSETTS brao .___BOAR?D :OF-APPEALS `' �,s�•;.. :w ` yr ru.%x N '! s4CMUSEZ NOTICE: This application must be typewritten. ICATION FOR RELIEF FROM THE- REQUIRMENTS OF THE'- ZONING �4 4a ORDINANCE Edward N. Burke & 304 Chestnut Street Applicant Mary Byron Burke Address North Andover, Mass. 1'. Application is hereby made (a) For a variance from the requirements of Section. 6 ,Paragraph 6-3 of the Zoning By-Laws. (Table 2) (b) For a Special Permit under Section ,Paragraph of the Zoning By-Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected are land - . _ and buildings numbered 304�:Chest- nut Street. (b) P emises affected are property with frontage on the North x S uth East West side of Chestnut Street, and known as 0. -104 estrIu Street. (c) IPremises affected are in Zoning District`R-3 ,andthe premises- affected have an area of 25,187 and frontageoT 65_.4 feet. 3. Ownership: (a) Name and address of owner (if joint ownership,give all naraes); Edward N. Burke & Mary .Byron Burke Date of purchase 7/17/79 Previous owner (b) If applicant is not owner, check his interest in the premises: - Prospective purchaser Lessee Other (explain) 4. - Size of proposed building; front; feet deep. Height: stories; — meet. �a Approximate date of erection b� ' occupancy or use (of each floor) : (c) Type of construction 5. Size of Existing Building: 82 feet front; 25.5 -+ feet deep. Height 2'k stories 3p —meet. �a� Approximate-date of erection' 1970 b , Occupancy or use (of each floor): residential (c) Type of construction woo 6. Has there been a previous appeal, under zoning, on these premises: No If so, when - 7. Description of relief sought on this petition: variance is needed because the house is 15.3 feet from the easterly side lot instead of the required 20 feet under the Zoning Bylaws. 8. Deed recorded in the Registry of Deeds in Book 1378 Page 13 or Land Court Certificate NO. , Book Page 9. -The principal points upon which I base my application are as follows : (must be stated in detail) 11 :i _ The Petitioner just Purchased the property. A hardship is present. There will not be a derogation of the bylaw and there wi no e substantial detriment to the area. Conditions afted is pr which do not affect generally the zoning district; namely, the s ruc ures . i I agree to pay for advertising in newspaper and incidental. expenses. i (Petitioner's Si nature) Sec. 1 APPLICATION FORM Every application for action by the Board 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 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 therein prescribed. - Every application shall be submitted with a list of "Parties in Interest`. which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and owners of land within three hundred.- feet of the property line all 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 town and the planning board of every abutting city or town. Every application shall be submitted with an application fee sufficient to couer �the cost of postage of notice to all parties in ,in. terest. LIST OF PARTIES IN INTEREST NAME ADDRESS See attached list. J �I 5 ADD ADDITIONAL SHEETS IF NECESSARY. - r ABUTTERS OF Edward N. & Mary B. Burke 304 Chestnut Street North Andover, Mass . P. A. Busby 303 Chestnut Street North Andover, Mass . Philip A. Busby & Anne Marie Busby 303 Chestnut Street North Andover, Mass . Paul E. Devin & Jjoanne M. Devin 311 Chestnut Street North Andover, Mass . Ruth M. O 'Donnell 323 Chestnut Street North Andover, Mass . Arthur Gould & Hazel E. Gould 294 Chestnut Street North Andover, Mass . Janes E. & Mary A . Jones 33 Greenwood East Lane North Andover, Mass . Thomas J. Breen & Gail Schaller Breen 335 Chestnut Street North Andover, Mass . Philip A. Busby & 303 Chestnut Street Anna Marie Busby North Andover, Mass . Judith P . Turner 214 Sutton Hill Road North Andover, Mass. Joseph A . DeFusco & 326 Chestnut Street Pauline M. DeFusco North Andover, Mass . Greenwood Associates 300 Chestnut Street North Andover, Mass . Augustine J. McDonald, Jr. & 274 Chestnut Street Ann Marie McDonald North Andover, Mass . . V ABUTTERS Page 2 Lazarus A. Pahigian & 252 Sutton Hill Road F1iee Pahigian North Andover, Mass . Jairas A . Murphy & 240 Sutton Hill Road Margaret M. Murphy North Andover, Mass. Iran; J. Chooljian & 224 Sutton Hill Road P.ntonette Chooljian North Andover, Mass . J,i-Jth A . Turner 214 Sutton Hill Road North Andover, Mass . 6y • • rte I I ' w 0,011;�ex0000 �—� 1�7a'Y ��7i9 ��114819 �C �d � QeC'OrOf1lJL�C[[�ri/h rI7 I7�i�+r�'�'�+s'� t/ie .r�/rs 4� rC�a/�¢I�/cYJ.s o� file .Pc�f.I�C�J of Qc�ra+'S ��r ' a. III � 3o Io io o 30 9q -