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HomeMy WebLinkAboutLAVITA, STEPHEN Y 4 Pa,i be NORTH, t.. OVER t c\o Fi O 24 36 AN 186 TOWN OF NORTH ANDOVER �ltti'� t ;�:.` ' 0j. e �b MASSACHUSETTS t\\ce J BOARD OF APPEALS NOTICE OF DECISION Date ,FebruarY . 2.1�. 1�86 . . . Petition No.. . .618.- 5. . . . . . . . . . . . . Date of Hearing.Fgbruax:X. 11.. 19 86 Petition of . Stephen & Donna Lavita Premises affected . . . . . . 48 Turnpike Street j North Andoyer� MA Referring to the above petition for a variation from the requirements of the Section. .7• Table 2 Paragraph 7. 3 seeking relief from the rear yard requirements because . . . . . . . . . . . . . . . of deck being to close to lot line a so as to permit . deck. .to . remain in. present, location. . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to GRANT : the variance. . . . . . . . . . .ted.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . — . . . . . . . . . . . . . Signed BOARD OF APPEALS Frank Serio,. J ,. .Chairman . , . . . . . . . . . . . . . . William Sullivan Walter, Soule I . . . John Simon Rayl{tpnd, Viyenzio. . . . . . . . . . . . . . . . Bodrd of Ap als w p ,n Eo Ei.� ,no O`NORT`1hQ DANIEL LONG o TOW 4 CC.rft a NORT;; „ UY, . .,., Any appeal shall be filed ;,'•-....�� wit, En (?I) c' ,y,s �fiter the @s�cNos� ss AN `� date f 0 �. a iris notice TOWN OF NORTH ANDOVER in the Office. of thg town MASSACHUSETTS Clea(. BOARD OF APPEALS February 21, 1986 Petition #68-85 Mr. Daniel Long, Town Clerk Stephen & Donna Lavita Town Office Building 48 Turnpike St. North Andover , MA 01845 North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on Tuesday evening, February 11, 1986 upon the application of Stephen & Donna Lavita. The hearing was advertised in the North Andover Citizen on January 23 and January 30 , 1986 and all abutters were notified by regular mail. The following members were present and voting: , Frank Serio, Jr. , Chairman, William Sullivan , Walter Soule, John Simon and Raymond Vivenzio. The petitioners seek a variance from the provisions of Section 7 , Paragraph 7. 3 , Table 2 of the Zoning By Law so as to remove the rear yard requirement because of deck being to close to the lot line . Upon motion made by Mr. Sullivan and seconded by Mr. Simon, the Board voted unanimously to GRANT the variance as requested. The petitioners had a plot plan made up in December when they sold the house , and at that time it was discovered that the deck was to close to the lot line in rear. This variance removes the restriction and allows the deck to remain in present location. Sincerely BOARD OF APPEALS e Frank erio, , Ch .man'' awt t r Recc i vedL `ow')}' Clerk TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 38 Anthony Road Applicant Stephen & Donna Lavi_ta Address North Reading, MA 1. Application is hereby made: a) For a variance from the requirements of ,Section 7 , 3 -Paragraph and Table 2 of the Zoning By Laws . 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 otherauthority. 2. a) Premises affected are Land X and buildings ) X numbered_4 Turnpike Street. b) - Premises affected are, property with frontage on the North { ) South ( ) East (X ) West ( ) side of "TunrniJp _ Street , and known as No. 48 Tuonoike Street . c) Premises affected are in Zoning District R4 and the premises affected have an area of 10.000 square feet and frontage of 100 feet: 3. Ownership a) Name and address of owner (if joint ownership, give all names ): Robert E. Kouns and Marion E . Kouns Date of Purchase December 7y19g revious owner Stephen & Donna Lavita b) If applicant is not owner, check his/her interest in the premises: Seller -Prospective Purchaser Lesee X Other (explain) 4a Size of proposed building: _front; feet deep; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) 'Type of construction: 5. Size of existing buildingd___222 _feet front; 24. 2 feet deep; Height One stories; 15 feet . a) Approximate date of erection: 1950 b) Occupancy or use of each floor: residential c) Type of construction: ' wooden under zonin , on these premises? a eal 9 been aprevious 6. Has there PP No If so, when? N/A 7. Description of relief sought on this petition Variance for rear yard setback. Presently ; rear yard from deck is 24 feet , required is 30 fptet 8. Deed recorded in the Registry of Deeds in Book__ajJ _Page_ffq The principal points upon which I base my applicationare as follows.- (must ollows.(must be stated in detail ) Petitioners urcha'sed real - ettate on May 26 , 1983. Af that time rear deck was attached to building but id no appear as a violation ot rear yard setback requirement—allowance of variance is eeping wi in in en of zon- ing ordinance and in keeping wlb in e c arac eris ics o e neig or_ hood . I agree to pay the filing fee, advertising in newspaper , and incidental expenses* Ifni A e e o Petitioner s Every pp i ion for eN the Board shall be made on a form approved by the Board. These f1 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 abutters to the abutters within three hundred feet (300' ) 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 another city or town, the Planning Board of the city or- town, and the Planning Board of every abutting city or town.' *Every application shall be submitted with an application charge cost in 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 necessarily limited to these. Every application 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 IV INTEREST Name Address Donald W. Roy & Donna J . Kmllen 56 Turnpike Street Beatrice Driscoll 66 Turnpike Street John S. DeFusco & ,Beatrice DeFusco 38 Turnpike Street William 'McCann & Regina M. McCann 32 Turnpike Street John A. Mele ,& Charlotte T. Mele 174 Cotuit Street Louis S. Spinelli <& Erma Spinelli 154 Cotuit Street Frederick P . Jones & Kathleen C. Jones 146 Cotuit Street Doran Realty Trust c/o Rosemarie t6, Doran 41 Turnpike Street T E & R Realty Trust Turnpike Street Donald G. McLean & Elaine M. McLean 57 Turnpike Street (use additional sheets if necessary) 1 CYR E 234 B LAW MORTC rA0 ADDRE _ A10) DEED f _. PLAN F DATE L / -- --� Z. OT2504.251. . i1.(�' - fZQ� Z-07 -2 NOTE:fical VV /0J `� 1iDX�*ttpNG p ��`; relied t V00 _ mart c Inc.ac ing fro 1 •_ -'G; � said m 5� c Its pro; T - , JI CERTI a \J AA (Fivp� This Mort with the Inspectioi tion of tion f F FURTH OPIN10 outbuildi ---^y with the l d' finance major im T except ✓ jj 1 -� NDlE' ALSO: • 1 y iLAW OFFICES OF FOR YOUR INFORMATION 1 ANTHONY A. COPAN] ATTORNEY AT LAW AtiTHoNi, A. C^21\7 _ MASS. AVENUE PROFESSIONAL CENTER )EANNE E. CONDUP=, I 198 MASS. AVENUE JAMFS KEv[N IBRIGHTNEY NORTH ANDOVER, MAss. 01845 OF COUNSEL TIIioTHY R. CAGLE (617) 686-0010 April 16 , 1986 Peter G. Shaheen, Esq. 89 Main Street North(LLjmvita4Town Andover, MA 01845 RE: of North Andover rom Cyr Engineering $289 .78 Dear Peter: Enclosed please find a copy of a bill which our clients, Donna and Stephen Lavita must pay to Cyr Engineering . On be- half of our clients, we are asking that the Town of North Andover reimburse the Lavita' s for this expense. The basis for this request for reimbursement is as follows : 1 . On or about January 17 , 1986 the Lavita 's , repre- sented by our office, filed an application for a variance re- lating to a non-conforming deck on real estate located at 48 Turnpike Street , North Andover, Massachusetts . A copy of that application along with the plan which we filed on that day are enclosed. 2 . A public hearing on the application was scheduled fory Februar11 , 1-986 . 1 I 1 3 , On or about February 5 , 1986 our client , Donna Lavita , received a telephone call from the building inspect- or ' s office stating that the plan which we filed with the ap- plication was insufficient . Our client were instructed that then !seeded an original mylar which had to be filed before the a7-plication for variance could be heard on February 11 , 19 :6 . :.fter Mrs . Lavita informed our o :Tice o L :;.a :.on- cor.t ._` 4 L L1v_ers.i.tch of ,,. .. Page 2 submitted. 5 . Mr . L'iversitch said he would contact the building inspector ' s office to ascertain what exactly the Town needed, and to our knowledge , he did so. 6 . On February 11 , 1986 , I personally went to the of- fice of Cyr Engineering to obtain the mylar to file it with the Town in preparation for the hearing. 7 . Attorney Copani appeared at the Board of Appeals hearing on February 11 , 1986 . The Town granted the variance , however, at the close of the meeting one of the members of the Board informed Attorney Copani that there was no need to file the mylar; the original plot plan was good enough for their purposes in this case. Please be kind enough to take whatever steps are requir- ed to reimburse our clients for this unnecessary expense and remit payment of $289 .78 to this office, payable to Anthony A. Copani , Attorney for the Lavita 's. Very truly yours, 3eanne E. Condurelli , Esq. JEC/aap Enclosures FOR YOUR INFORMATION w fwf . +helra. i ST A T E M E N 7 (� s CYR ENGINEERING SERVICES, INC. 234 ESSEX ST. LAWRENCE, MA 018-40 c . ,�✓fit"%>C G c'k'/ 0"ACH A'JD MAIL Y,9TIi YOUR CHECK. YOUR CANCELLED CHECK 1S YOUR RECEIPT. I— r 0(V v J� ; PAID BY C71ECK NO. ive(l by Town Clerk: Rmow oft ae FOR YOUR INFORMAkiw o TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS .".FP LICATIOV FOR RELIEF FROM T11C REQUIREMENTS OF THE ZONING ORDINANCE 38 Anthony Road i :cent Stephen & DonnaLevita Addr<.ss North Reading , MA ;application is hereby made: a) For a variance from the requirements of Section 7 , 3 Paragraph and Table g of the Zoning By Laws . u) For a Special Permit under Section Paragraphs—of the Zoning 13v Laws . c ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. a ) Premises affected are land- X and building (s ) X pumbered4 TurnpikeStreet . b) Premises affected are property with frontage on the North ( ) South ( ) East (X ) West ( ) side of Tu1LTl�3�CB _ Street , and known as No. 48 TunnDike Street . c) Premises affected are in Zoning District R4 _, and the premises affected have an area of 10,000 square feet and frontage of 100 feet . c;-,rnership a) Name and address of owner ( if joint ownership, give all names ) : Robert E. Kouns and Marion E . Kouns Date of Purchase DUcember 27, 198yrevious Owner Stephen & Donna Lavita 1,) if applicant is not owner, check his/her interest in the premises: Selie.r _Prospective Purchaser �Lesee X Other (explain) Size of proposed building: N/A ___front; feet deep; 11cight— stories _feet . a) Approximate date of erection: occupancy or use of each floor: _— c ) 'Type of construction: :;izc of existing building: 52.,2.- feet front;__2 4. 2 feet deep; !J:ht One stories; 15 feet . a ) Approximate_date of erection: 1950 � ) occupancy or use of each floor: residential— c ) Type of construction: wooden —_ r..hcre been a previous appeal , under zoning , on these premises? No If so, when? N/A r !), cription of relief sought on this petition Variance for rear yard ,;,•track . Presently ; rear yard from deck is 24 feet , required is 30 I)Ced recorded in the Registry of Deeds in Book Aloq Page��� ,Zl_ l ax Ca]QrXX veX'X)UA)CA)tW VXXX a cw principal paints upon which I base my application are . as follows: be stated in detail ) fi_tioners �urchased real estate on May 26 , .1983 . At that time rear deck . sir R attached to uilc ing butdid not appear as a violation of rear yard 11( 1)aok recut irement-7 owance of variance is—keeping wihiin intent o aon- cj ordinance and if) I eepinQ within the charae-E-6r-st!Fs ohie ei-g Ff ;sg,:cc to Pay the filing fee, advertising in newspaper , and incidental �ns//cs* �1 I i i r to e of Petitioner'Zs cry�app iL ion fora tion the Board shall be made on a form approved y tl:c [',card . These fo ms sha 1 be furnished by the Clerk upon request. communication purporting to be an application shall be treated as mere - ;lice of intention to seek relief until such time as it is made on the !:facial application form. All information called for by the form shall furnished by the applicant in the manner therein prescribed. ,ry npplication shall be submitted with a list of "Parties In Interest list shall include the petitioner, abutters , owners of land directly .TW:_ 'tee on any public or private street or way, and abutters to the :t tcr. s within three hundred feet ( 300 ' ) of the property line of the Lncncc as they appear on the most' recent applicable tax list, , iLl�standing that the land of any such owner is located in another city t.cj.an, the Planning Board of the city or town, and the Planning Board of ,:.hutting city or town. aoplicat ooj�:`heal;, be submitted with an application charge cost in amount of'($ 5.00 In addition, the petitioner shall be responsible o any and all—costs involved in bringing the petition before the Board. ;uc.:h costs shall' include mailing and publication, but are not 'necessarily i;nited to these. ; _ :y application shall be submitted with a plan of land approved by the .,rd. No petition will be brought before the Board unless said plan has rua subnritted . Copies of the Board' s requirements regarding plans are :,; a hccl hereto or are available from the Board of Appeals upon request . LIST OF PARTIES IN INTEREST Name Address ;c;r;ald W. Roy & Donna J. K©llen 56 Turnpike Street a atricc Driscoll 66 Turnpike Street ;. Dorusco & ,Beatrice DeFusco 38 Turnpike Street ill i a,r McCann '& Regina M. McCann 32 Turnpike Street Meic-�& Charlotte T. Mele 174 Cotuit Street `r . Spinelli & Erma Spinelli 154 Cotuit Street ;,ci•: rick P . Jones & Vathleen C . Jones 146 Cotuit Street i);)rr!tr Realty Trust c/o Rosemarie L.- Doran 41 Turnpike Street 6l Re ;lty Trust Turnpike Street flcLcan & [_ l nine M. McLean 57 Turnpike Street (use additional sheets if necessary) L, C7. DEED PLAN DATE --� Z-OTZ04 251 - ` NOTE: 1�Oz•tt.�' o .— mss,- . cific� X inc. i _ �>> its P- CEF 51 W. /.P This tic with th ,�! t Inspect bon c' i �--� 1 FLIRT '. /PitjWj) 100.0 OPlydlC t i withth wish th¢ I 017 dinano majo-it except I _ - _�. �/pTE .'�• •�4�' S�.la'�L7 �'C'C.�YJ/.F�L7 ALSO Of