HomeMy WebLinkAboutLEE, MIN YOUNG REC-:01EU �:1••�"'•:��
OANic1, LONG ;_?.�� %
T0V'`I ' �.^���" appeal shall be filed
NOR ?i ', �G��YER s;. Baas r Any
p) }, after the
DEC 16 12 12 W85 "°'
crate of liar of this Notice
TOWN OF NORTH ANDOVER in the Office of the IOWA
MASSACHUSETTS Clerk
SOARD OF APPEALS
NOTICE OF DECISION
Date December 16 , 1985
Petition Na. 57-85 . . . . . . . . . . . . . .
Min Yong Lee & Young Ja Lee Date ofH December 10 , 1985
223 Forest Street
North Andover, MA 01845
Petition of . . . . . . . . . . . . . . . . . . . . . . . . •Min •Y•ong -Lee • &• -Young •Ja -Lee. . . . . . . . . . . . . .
Premises affected . . . . . . . . . .22.3 •Forest- -St-.-j •North•Andover; •MA. . . . . . . . . . . . . . . . . .
Referring to the above petition for a-variation from the requirements of 1* Section .7.,. . . .
Paragraph. .7.3 .and. .Tab-le. .2 .of . the. .Zoning .By.Laws . . . . . . . . . . . . . . . • • • • • •
so auto permit . variance from 4si.de. .yard. requirements. to. •allow. home. to
exist with northerly. side ,yard .3..•6 • feet -short -of •requi•red.•30• feet•.
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . : the
Variance. ._ < . . . . . . . . . . . . . . . . $ gX 31 �FX�
I x . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
��7eX�41� IQ�i�l8�R49i�1491�dt� b9�7�[�
Signed Frank Serio, Jr. Chairman
Walter Soule
. . . . Al-fred -F•riselle; . ESP... . . . . . .
Augustine Nickerson
. . . . . . . . Anna O'Connor. . . . :. . . •. . . . . ..
U
. . . . . . I . . . . . . . . . .
Board.of Appeals
RECEF` 70
of
RANI[ LAG
".:T. '�
TOWNra o ��, 4 ny ap -a! s'FFA be filed
NORTF+ A 'J4'ER 1„t; in ( ; after the
•+� a
� crate of fi ,r � :,i this Notice
On 1212 PM 405 ;ACM � in the Office of the Town
Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
December 16 , 1985
Min Yong Lee & Young Ja Lee
223 Forest Street
Petition: #57-85
Mr. Daniel Long, Town Clerk
Town Building
North Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on Tuesday, December 10,
1985 at 7: 30 p .m, upon the application of Min Yong Lee & Young Ja Lee.
The hearing was advertised in the North Andover Citizen on October 24,
and October 31 , 1985 and all abutters were notified by regular mail.
The following members were present and voting: Chairman Frank Serio ,Jr.
Vice Chairman, Alfred E, Frizelle , Esq. , Clerk, Augustine W. Nickerson,
Walter Soule and Anna O`Connor-.
The petitioners seek to obtain a variance from the requirements of
Section 7 , Paragraph 7. 3 and Table 2 of the Zoning Bylaws in order to
allow variance from side yard requirements to allow home to exist with
northerly side yard 3.6 feet short of required 30 feet.
Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT this
variance as stated. Unanimous vote.
The Board finds that Section 10 . 4 of the, Zoning By law has been satisfied.
In particular, the Board finds that a literal enforcement, of the Zoning
By law would create a hardship to the petitioner.
Said variance , in the opinion of the Board, may be granted without
nullifying or substantially derogating from the intent andr,purprose of
the Zoning By law.
Sincerely,
BOARD OF APPEAZS
Frank Serio, Jr. , Chairman
/awt
1Fs
Rived by Town Clerk: RECEIVED
DANIEL. LONG
TONIN Ct."-"K
IiDRTH At00VER
Oct 18 11 ao AM "85
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
-+ Min Yong Lee
Applicant Young Ja Lee Address 223 Forest Street, North
Andover, MA
1. Application is hereby made:
a) For a variance from the requirements of Section 7 Paragraph 7 .3
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 other authority. 11
2. a) Premises affected are land and building(s) numbered
223 Forest Street .
b) Premises affected are property with frontage on the North ( J
South ( ) East ( ) west ( ) side of
Street, and known as No. Street.
c) Premises affected are in Zoning District and the .premises
affected have an area of square feet and frontage of
feet .
3. Ownership
a) Name and address of owner (if joint ownership, give all names) :
Min Yong Lee and Young Ja Lee, husband and wife
Date of Purchase August 29, 1985previous OwnerJoanne M. Piotte
b) If applicant is not owner , .check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
4. 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 building: 42.2 - feet front;_ 34. 1 feet deep;
Height 1 1/2 stories; feet .
a) Approximate date of erection: 1956
b) Occupancy or use of each floor: Residential (single) -4
c) Type of construction:
Frame
6. Has there been a previous appeal, under zoning, on these premises?
No If so, when?
' r
Description of relief sought on this petitionyariance `fran side yard require-
ments to allow hane to exist with northerly side yard 3.6
See Plot Plan attached.
8. Deed recorded in the Registry of Deeds in Book 2033 Page 2
Land Court Certificate No._,Book w�Fagi
The principal points upon which I base my application are as�followst
(must be stated in detail ) The side yQrd viOlation was not discovered until 1985,
•.when,for the first time since the construction of the h=e in 1956,: a plot plan was made as
per copy attached. The violation is minhlal and does not detract frau the appearance of the
remises or the nei hborhood. It Would be an extreme on the licants if the
ested variance as not anted
sa x►oe the
would unsalable,
alible,
I agree to pay the filing fee, advertising in newspaper, and incidental
7xenses*
{
I , Atty for Applicants
E F. CFZF7GG
SOMAN AND CRBGG, 15 tr4l Street, Andover, MA 01810 Tel (617) 475x4595
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 "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 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 befor.P� 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 IN INTEREST
Name
Address
Min Yong Lee and Young Ja Lee (Petitioners) 223 Forest Street
North Andover, MA 01845
Robert J. & Roselline L. Savard 231 Forest Street,
North Andover, MA 01845
Stephen M. & Monique Hatch 215 Forest Street
North Andover, MA 01845
B & R Construction, Inc. 471 Andover Street
North Andover, MA .01845
Pulliam C. & Gail R. Tarbox 205 Forest Street
North Andover, MA 01845
Theodore B. Yachik and 247 Forest Street
Sandra E. Donahue North Andover, MA 01845
James Miller 6 Willowvele
Atkinson, N. H. 03811
(use additional sheets if necessary)
. r
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, l 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 shall 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 whq,re no re-
modeling or converting is to be done;
3. The plans and elevations shall show all existing work. All
proposed work shall be shown in red. The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
All plans and elevations presented with the petition shall remain
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 plot 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) , structure(s) , or building(s ) which will re
sult in the need for the issuance of a building permit.
3. The size of the plan shall be no smaller than S 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 for the following
information: date of filing, date of public hearing, and
date of approval .
MORTGAGE
INSPECTION
CYR ENGINEERING SERVICES, INC.
Q 234 ESSEX STREET
.� LAWRENCE, MASSACHUSETTS
MORTGAGOR: IN�d4 6KQ&4 Je LZ
_-
R ADDRESS OF-PRINCIPLE BUILDING
f�v�t 111 /Ii�l ;t/�f� MIS f•
DEED REFERENCE: BK. tx'12 PG. 7�3
L07" - PLAN REFERENCE: 3.)-51,5
J - 1 DATE OF INSPECTION:
NOTE: This Mortgage inspection was prepared
spe-cifically for mortgage purposes and is not to be
relied upon as a survey.Cyr Engineering Services,
,� �o•y �• - 'a Inc.accepts no responsibility for damages result-
',lYi' , ing from said reliance by anyone other than the
gyp. said mortgagee and its assigns in connection with
yy 2,u a2(,'t its proposed mortgage financing to said mortgagor.
QYEfi!•G4N�i
- CERTIFICATION TO:
•4f�31�TlON Sr1UIrtN_.. l.�twiQEn►CC JAUINt'S KIK
This Mortgage inspection was prepared in accordance
with the Technical Standards for Mortgage Loan
Inspections as adopted by the Massachusetts Associa-
tion of Land Surveyors and Civil Engineers, Inc.
7
I FURTHER STATE THAT IN MY PROFESSIONAL
OPINION the principle structurels and accessory
outbuildings, Dof.< Abf U)IAPL.Y
with the setback requirements of the local zoning or-
dinances,and that there are no encroachments of
major improvements either way across property lines
except as shown.
v�R�Ni i5 ALSO:
>!EET
lF ,v erty■ 1. Propis not in a Flood Hazard Area.
� „ ass ❑ 2. Property is in a Flood Hazard Area.
1r iFs 4�ti4 ❑ 3. Information is insufficient to determine Flood
Hazard.
l _ "
cs
�F n. sx�o scale:
11'= SU
<1y6'b P� Date of Plan: .AU4(15T -201 /2 Flood Hazard determined from latest Federal
�REV15�t� sFP�"EM?3�P, ��,�9�g 10J L4
Flood Insurance Rate Map.
-