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Home My WebLink AboutLABADINI, ROBERT SEP f '87 August 31,. 1987 Town of North Andover Massachusetts Board of Appeals 120 Main Street North Andover, Mass. 01845 Attn: Mr. Frank Serio ,, Jr. , Chairman Mr. Augustine Nickerson AMr, William Sullivan Mr. Raymond Vivenzio Ms. Anna O 'Connor Re:. Your Notice of Decision dated Aug, ll, 1987 granting a Special Permit to Mr. Robert Labadini, owner of the property at 35 Bay State Road, North Andover to legalize the existing 3- family dwelling thereon. We , the undersigned home owners and residents. on Bay State Road, hereby appeal the Board ' s approval,; as we feel that since Pr. Labadini has petitions to permit the legalization of the property from a two family residence into a three family unit, he must first comply with all local and State Codes and ordinances as they apply to a multi-family dwelling. Inquiries made by us to the following Town officials - a. Plumbing Inspector - Mr. Regie Landry b. Electrical Inspector - Pair. John J. Thompson c. Ass 't. Building Inspector - .Mr. Daniel McConaghy d. Fire Dept. Inspector - Lt. Andy Melnikas has determined that no Permits; Building, Plumbing or Electrical were-, ever taken nor was the completed work inspected and approved by the appropiate departments. No Fire Dept. inspection was ever requested or made to determine if the dwelling met with existing Fire codes, By State and local lawit live in the third apart' is illegal for anyone to artment p until all ins ments are issued. require- ments and q an Occupancy an p cy Permit is issued„ We feel that the Board m to al the above Inspection Depts. toguire conduclt.theirdini investiga-ow tions and advise all concerned that the work done , meets their Code standards and is accepted and approved. Page 2 of 2 August 31,. 1°87 Town of North Andover Massachusetts Board of Appeals 120 Main Street North Andover, Mass. 01845 We are therefore formally requesting another Hearing to be held by the Board at which time the findings by the various Town inspection depts. regarding the legalty of the existing addition to the premises at 35 Bay State Road, would be offered. Further, we feel. approval by the Board should be with- held until whatever corrections need to be made, ate done , and accepted by each of the Inspection Departments involved. Karel P. Pe sata 53 Bay State Road North Andover, Mass, It MarT Lyc 47 Bay State North Andover, Mass. J mesE T gny - 2 Bay State Road North Andover, Maas. cc :_ Mr. Daniel McConaghy Asst. Bldg. Insp. Mr. John J. Thompson Elec. Inspector fir. Reggie Landry Plbg. Insp, T.+ A"A August 31, 187 Mr. Daniel McConaghy Asst, Building; Inspector for Town of North Andover Town Hall Main Street North Andover, Mass, 01845 Re: Attached copy of letter sent to the Board of Appeals, Town of North Andover this date, Dear Fx. HcConaghy, We, the undersigned property owners on Bay State Road, Piorth Andover formally request your Dept. to conduct a Building Inspection at 35 Bay State Road to insure that the multi-family apartments meet all local and State Building Codes before approval for the legalization of the property is granted to lair. Labadini. Preliminary inquiry has determined that no Building Permit was issued for the additional apartment acid no inspection made on its completion. A copy of your inspection report should be given to the Board of Appeals as soon as it is completed. Karel P, :resata 53 Bay State Road amen F. "^.maFnine 42 .Say State Road Edward Laycock 47 Bay State Road Copy tos August 31, 1987 Mr. Reggie Landry Plumbing Inspector for Town of North Andover Town Hall Main Street North Andover, Mass, 01845 Res Attached copy of letter sent to the Board of Appeals, Town of North Andover this date. Dear Mr. Landry, We, theundersigned property owners on Bay State Road, North Andover formally request your Dept, to conduct a Plumbing Inspection at 35 Bqy State Road to insure that the multi-family apartments meet all local and State Plumbing Codes before approval for the legalization of tie property is granted to Mr. Labadini. Preliminary inquiry has determined that no dumbing Permit was issued for the additional aprtment and no inspection was made on its completion. A copy of your inspection report should be given to the Board of Appeals as soon as it is completed. Karel :E. Pesata 53 Bay State Road James R. 'Pamagnine 42 Bay State Road ward Laycock 47 Bay State Road Aug, 31, 1987 Office of the Fire Chief 129 Main Street North Andover, bass. 01845 Attn: Lt, Andy Melnikas Re : Attached copy of letter sent to the Board of Appeals, Town of North Andover this date. Dear Sir: We tfie undersigned property owners on Bay State Road, Vorth Andover forually request your Dept. to conduct an inspection at 35 Bay State Road to insure that the multi—family apartments meet all local and State fire codes before approval is granted to Mr, Labadini. A copy of your inspection report should be given to the Board of Appeals as soon as it is completed. Karel Y. Pesata 53 Bay State Road James L. Tamagnine 42 Bay State Road Edward Laycock 47 Bay State Road Copy to: Board of Appeals . y August 31, 1987 Mr. John J. Thompson Electrical Inspector for Town of Porth Andover Town Hall Main Street North Andover, Mass. 01845 Res Attached copy of letter sent to the Board of Appeals, Town of Forth Andover this date. Dear Mr. Thompson, We, the undersigned property owners on Bay State Road, Tiorth Andover formally request your Dept, to conduct an Electrical Inspection at 35 Bay State Road to insure that the multi—family apartments meet all local and State Electrical Codes before approval for the legalization of the property is granted to 101r. Labadini. Preliminary inquiry has determined that no Electrical Permit was issured for the additional apartment and no inspection was made on its completion. A copy of your inspection report should be given to the Board of Appeals as soon as it is completed. Karel P. Pesata 53 Bay State Road James E. Tamagnine . 42 Bay State Road ward Laycock 47 Bay State Road Copy to: Board of Appeals he s, o: ••a a r. ArAuf^ e 1 abs `�otkc s'. u + th nu w he rry 0{��ce of e AUG L � 41 Al' �� .TOVjN OF NORTH ANDOVER �n MASSACHUSETTS Geek• BOARD OF APPEALS NOTICE OF DECISION Robert Labadini 35 Bay State Road ate August 21, 1987 N. Andover, MA 01845 petition No.. . . . . .72-87. , . . • , „ • • , Date of Hearing August. 11, .1487 Petition of . . . . .Robert Labadini . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . Premises affected . . . 35 Bay, State ,Road. . . . . . . . . per....�.�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a from the requirements of MW .SectioA .4, . . . . . &raglaPh. .4.•. the. Aquiug. BA ws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .legalization .of .existing.3-dweAltug.unit .situatlQu.on.home .purchased. . . . . . . . . . . . . . . After a public hearing given on the above date,the Board of Appeals voted to . . .GRANT. . . : the Special .P.ermit. . . . . . . . . . . '. ... . . . . . AM NKM XX7AtiiiK]tdfX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: THAT THE DRIVEWAY BE ADDED ON AS INDICATED ON THE PLOT PLAN SIX (6) ' AND (3)' HOT TOP Four Board members voted in favor and Mr. Sullivan abstained. signed . . . . _ _ . .Frank. Serio,• Jr,.:,• _Chairman , • , • , . • ;• , • , Angustine ,Nickersgn„•, . , . . . , , , , , wilJiam Sufiipa . . . . . . . . . . . . . . . UYMPA4 :Viveuz;L.o . . . . . . . . . . . . . . Anna. O.'.Comnor. . . . I . . . . . . . . . . . . . Board of Appeals f t ��f 1 OORTt i Ir. - .ery0 1� 11. be filed p AMY ann`a! s,.a °ter the AUG 1 Y i4 i will in 1�...�1. y`SiCJ No tice aYo so pf u U ey'°,,,.°.r4ry cafe cf #i,,n� theTown SSACNuS� in the Office of TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS * * Robert Labadini * Petition: #72-87 35 Bay State Road N. Andover, MA 01845 * DECISION * * * The Board of Appeals held a public hearing on August ll, 1987 on the application of Robert Ladadini requesting Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning ByLaws so as to permit legalization of existing 3-dwelling unit situation on home purchased. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Raymond Vivenzio and Anna O'Connor. The hearing was advertised in the North Andover Citizen on May 21 and May 28, 1987 and all abutters were notified by regular mail. Upon a motion by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted to GRANT the Special Permit as requested with the condition that the driveway be added on as indicated on the plot plan six (b) ' and three (3) ' , hot top. Mr. Sullivan abatained.from voting. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaws and the granting of this Special Permit will not derogate from the intent and purposes of the Zoning Bylaws nor will it ad- versely affect the neighborhood. Dated this 21st day of August, 1987. BOARD OF APPEALS FroAk Serio, erio Jr Chairman /awt Received,by Town Clerk: $ 5 TOWN OF NORTH' ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant r LAd�1,1p1Nl —�_ `_Address 35 614y 67A7LXDA/b 1. Application is hereby made.- a ) ade:a ) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws .; y,ice- Gy) 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. �. a ) Premises affected are hand ✓' •and bu.ilding (s.)./ numbered 35- -64Y AZiUK _- -- ____,-- Street . b) Premises affected are property with frontage on the North (J) South ( ) East ( ) West { ) side of__X62-1 Street , and known as No. Street . c ) Pxemises affected are in Zoning District"T and the premises affected have an area of square feet and frontage of - - /,/)o-_feet . --- - (/j. Ownership a) Name and address of owner ( if joint ownership, give all names ) : Date of Purchase_ �� _-__-Previous OwnerAg;rfftJ,-0 , /V/ LLx)[ 11ALL•tE>� r b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser. Lesee Other (explain). .; Size of proposed building:' front.; feet deep; rl Height stories; -w+feeet . i a) Approximate date of erection: b) occupancy or use of each floor :__r_ c ) Type of construction: 5 . Size Size of existing buiLding:---ff2, ___feet front; _3�� feet deep; Height j V2 stories ; feet . a) Approximate date of erection:�� . b) occupancy or use of each f1oors S112L-�LZLQL c ) Type of construction: ItXrD __� 5. Has there been a previous appeal , under zoning, on these premises? if so, when?-A&Y61ye&� ,Z' 1cVRCfi'.9S&-) Description of relief sought on thisetition ' P ELG//Y-/a4rl_o✓ Oj�X1ST//Z6- 6. Deed recorded in the Registry of Deeds in Book , page No. Book 2 Land Court Certificate l 209 Page ' The principal points upon which I base m a licatin are as follows: •'` (must be stated in detail ) Y' PP G 7?J I agree to pay the filing fee, advertising in newspaper, and incidental T expenses* Si'gnaure oi= Pet Boer s ' 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 a t " ' application shall be treated- as mere % notice of intention to seek relief until such timeas it is . made on the official application form . All information 'called for by the form shall be furnished by the applicant in the manner ' thereint'..-prescribe.d. . Ever a Y 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 abutters to 'the abutters ,within ' three hundred feet ( 3001 ) of the property 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 anothercity or town, the Planning Board of the city or town, . and the Planning Board every abutting city or town, *Every application shall be submitted with an application charge cost in t' the amount of $25. 00. In addition, the petitioner shall be responsible '.' -for any and all costs involved in bringing the petition before the, Board.•,. Such costs shall include mailing and publication, but are not necessa.rily :`' ^ `' " limited to these. •", Everyapplication shall be submitted with •a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted . Copies of the Board 's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request.' , LIST OF PARTIES IN INTEREST ,S Name Address „ter �vH�s/ �i �E7 /✓Fr✓�Y r Gni/ .: //0y9)/ q//d 6754CIA- 11Z4,91-16 3h -6A1 r �71fP4C= ," �. �C✓/�-Rl� .�lv� �/�-7"�/CE G•/1-YCOC�C ,(//-7 64 AM,OA� blvd FL-EAIV6e My0MV704�e5 43"- 06V H/"A573 �vHN �C�/L!:, t/r^�/ may e7&644AW 11t_3/,�/N/ /°C ' W,we l S � LGG✓�.LGG V, 1 fl 1 (use additional sheets if "necessary) �' PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by $ five ( 5) copies of the following described plan: The size of the plan shall be 11 x .17, drawn to scale, 1 inch equals 40 feet; it shall have a north point, names of streets , zoning districts , names and addresses of owners of properties within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties . The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified in the field and shown on the plan . The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown . Entrances , exits , driveways , etc . that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red . . Any topographical feature of the parcel of land relied upon for a variance, , such as ledge, rock peat , or natural condition of water , brook, or river , shall be shown on the engineering plan . When a variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood , noted on the .plan as such, and marked "approximate" . The plan shall be signed and bear the seal of a registered surveyor or engineer . Any plans presented with the petition shall remain a part of the records of the Board of Appeals . If Living quarters are to be remodeled, or areas are to be converted into living quarters , in addition to the plot plan, five ( 5) copies of the following described plans shalt be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways , halls, doors opening into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. A1.1 proposed work shall be shown in red. The size of each plan.- shall lan•shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot . s All plans and elevations presented with the petition shall remain i a part of the records of the Board of Appeals . For petitions requesting variation(s) from the provisions of Section 7, Paragrpahs 7. 1, 7. 2, 7. 3, and- 7.4 and Table 2 of the Zoning By Law for conveyance purposes only; :a,Iplot plan, certified by a registered engineer or land surveyor , of,', the parcel of land ! ' with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided.: 1 . The dwelling(s ) , structure (s ) , or building(s ) were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to the dwelling (s ) r structure(s) , or building (s) which will re- sult in tbo. need for the issuance of a building permit . 3. The size of the plan shall be no smaller than 8 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s ) , structure(s ) , or building(s ) being conveyed. 4. ` Proper space is provided on the plot;•plan_for the Board' s signatures , as well as adequate space f-or the following information: date of filing', date of public hearing , and date of approval . p 1 GOT .12(0 SOT ►27 DoT LOT I, ryol - 1 I I �I 1 I 1 - G AXA4a . 01 !✓o'f. ZS to�r 74 jir t LoT 72 ;1 A �7 MORTGAGE INSPECTION PLAN BUYERQf3tr.R."1'. �., Pli+V 1�1 LOCATED IN tLor—y upovex TO THE_..�I.•1.QRYI�GA�i't'GF:.1JORt'Gf (o ANO ITS TITLE - INSURERS MASSACHUSETT-S I HEREBY CERTIFY THAT IHAVE EXAMINED THE PREMISES AND ALL EASEMENTS, ENCROACHMENTS AND BUILDINGS ARE LOCATED ON THE GROUND AS SHOWN, I FURTHER CERTIFY THAT THE BUILDING SHOWN DO( ) CONFORM TO THE `! ZONING LAWS AND AMENDMENTS, I.*, (FRONT, SIDE B REAR YARD SET BACK ONLY)OF_�0-kvavizc WHEN CONSTRUCTED. T FURTHER CERTIFY THAT. THIS PROPERTY IS 1X� LOCATED IN THE ESTABLISHED FLOOD HAZARD AREA. NOTES THIS CERTIFICATION IS BASED ON THE LOCATION OF SURVEY MARKERS OF OTHERS AND - . DEED' DOES NOT REPRESENT A PROPERTY SURVEY. — BOOK EXAMINATION OF THE. RECORDS IS MADE ONLY SUBSEQUENT- TO. THE RECORDED DATE OF THE. - PAGE _ Q� LATESTDEED AND DOES- NOT INCLUDEVERIFYING THE .ACCURACY OF .THE DEED DESCRIPTION PREVIOUS TO ITS DATE OF RECORD. - PLAN THIS COMPANY IS NOT RESPONSIBLE .FOR ANY INDENTURES MADE SUBSEQUENT TO THE RECORDED DATE OF THE LATEST DEED OF ' RECORD. NO. WHENEVER BUILDINGS. ARE SHOWN LESS THAN ONE FOOT FROM THE PROPERTY LINE IT I$ BOOK ADVISED. THAT_ A MORE PRECISE SURVEY BE MADE TO VERIFY THESE MESUREMENTS. PAGE THIS CERTIFICATION TO BE USED FOR MORTGAGE PURPOSES ONLY CERT. NO. _ �*1 .1985 OF R"4ARpDFORD ENGINEERING CO., y �{- ,f SCALE : I" - 20 ` \ /f. / —�~ C- '� P.O. BOX )24q �S T A:,lr•s ( , �slames W BOUGIOUKAS RLS )(E yip' you + verhlfl, ll�oss cleat `\ OUKAS 0c 2q ;, ' TEL. 373 2396