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Home My WebLink AboutELLIOT, ROBERT Received by Town Clerk : RECElVpn FORM A OANiEL LONG , NQR hN CLERK APPLICATION FOR ENDORSEMENT OF PLAN AhOOVERBELIEVED NOT TO REQUIRE APPROVAL d APR 9 f0 25 AM #05 19 5, To the Planning Board of the Town of North `•Andover : The undersigned wishes to record the accompanyiig"p.ian and requests. a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned b �li•eves that such approval is not required for the following reasons : ' I . The division of land shown on the accompany' ng plan is not a' sub- division because every lot shown thereon has the amount of frontage required b the .North Andover. . Zoning By Law and is on a public way , namely , - O 0,ll! or p-i4vate way , namely , being land bounded as follows : Afop,Lf 6 Y AAA 13/20r/c /J/ a s�J��R� .L 19 iG1 IV D Ae 7f1 &!C-2 A? V s 4 "% 1 0 v J r o vTi`� h7`L TH�.it.9 T .f be -dXvTsion of land shown on the accompanying plan is not a sub- Vi ijn ub-viin for' the following reasons : h" � %: .T fllh' reference forth Essex Deeds , Book C ; Page or. Certificate of Title No . Registri, tion Book Pane Applicant ' s Signature: Owner ' s signature and address if not the applicant : Applicant ' s Address : Received by Town Clerk : , d a Notice to APPLICANT TOWN CLERK of action of Planning Board on / 9 accompanying plan: 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has beer made upon the same . 2 . The North Andover Pla g Board ha e' ermined "i:hat said plan V shows subdivisio as fined G . L c . 41 , s . 81-L , and must the efore re-sub 'tte to it ;'o, oval under the Subdivisi ntrol Law. w Very truly yours , NORTH AND .ER PLAN , N OARI • D to L/j7 M5 f Received by Town Clerk : �FCftyEit FORM A airNtFL QhV FOR ENDORSEMENT OF PLAN ANO01 BELIEVED NOT TO REQUIRE APPROVAL �` — 19 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanyiiq plan and requests a determination by said Board that approval by it Vnder the Subdivision Control Law is not required . The undersigned b�2T },eves that such approval is not required for the following reasons : ' I . The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required b%1 the North Andover Zoning By Law and is on a public way , namely , er or private way , namely , being land bounded as follows : J1!�/2Th� X��/ �-�Sn /3/?o T/I �/f'v r� a ur'L�: Y`/��vL H• !t`��/i6I/-.9.S.r. U1L/eR.u/ . k'T/� /3 y BA/C T91 WSJ. /P u5_144L e, Y`rTv-A/C Sl 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . , Registration Book , Page Applicant ' s Signature : owner's signature and address if not the applicant : Applicant ' s Address : 42 41-Z4 ILMI /z I' Received by Town Clerk : :j Notice to CLERK of action of Planning Board .on accompanying plan: 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has beer made upon the same . 2 . The North Andover Planning Board has determined that said plan shows a subdivision , as defined by G. L . c . 41 , s . 81-L , and must therefore be re-submitted to it io, -approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOARD By . • D te : � F • Nonrk Any appeal shall be filed LONG �• �„VORA ,�? � within (20) days after the RAWEL 1 o7•a TOWN C1.1=11K A"IL7" m t date of filing of this Notice WRTH j4400VER1853 17 ; . In the Office of the Town CP AM '►.`;`V, � Clerk. --_�-�—" Inc 2p TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS t NOTICE OF DECISION Date . . . .i:?arch 15., 1985 Petition No..117! 85. . . . . . . . . . . . . . Date of Hearing. March. .11, 1985 Petition of ROBERT. ELLIOT . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 1. Be rke le.y. R4ad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition forthe. remQv4.1 . of a .c4ndit.ion. .from. a 1970 .de.cis.ion of. ,the. Board. .of, Appeals . . . . . . . . . so as to permit . the division of 1 .Ber%e ley .Road. An.to. .two. .1o.ts. . . . . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .remove. . . the condition. L . . . . . . . �exxrk�ne � Hxiatdi �xx X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��tl� t ��►.� csc�e7a��tta�x�1��}ae�# �da�ia Signed Frank Serio, Jr.. , , Chairman. . . . . . . Alfred, E.. Fri zelle.,. .Esq,.,. ,Vi.ce Chairman William .J_. Sullivan . . . . . . . . . . . . . Walter F. Soule . Board of Appeals Y RE�E1?lfp Any appeal shall W PlIdd LONQ �TOWtiDANIEL r�..`.R�K within (20) days after the V ST�� ; NORT1 RORT'i ;+,% COYER o•'' date Of firing of this Notice in the Office of the Town Z� 55 AN 'if Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 15, 1985 Mr. ;Daniel Long, Town Clerk Robert Elliot Town 'Office Building 1 Berkeley Road North Andover , Mass. 01845 Petition No. ll-'85 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, March 11, 1985 upon the application of Robert Elliot. The hearing was advertised in the North Andover Citizen on February 14 and 21, 1985 and all abutters were notified by regular mail . The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; William J. Sullivan; and Associate Member Walter F. Soule. The petitioner seeks the removal of a condition from a previous decision of the Board of Appeals for a parcel of land located on the South side of Berkeley Road known as 1 Berkeley Road, located in the Residential-4 (R-4) zoning district. Mr. Elliot testified that the lot in question was previously owned by his mother and that a setback variance was granted in 1970 allowing the construction of the existing dwelling on the lot. The reason for the variance was that the parcel was extremely wet and ,the dwelling could not be placed elsewhere on it. At the time the variance was granted, the minimum lot size requirement was 25,000 square feet . The district has since been changed to R-4, requiring 12, 500 square feet per lot . The lot contains 25, 305 square feet and the applicant proposes to subdivide it into two lots. The previous condition stated "that no other dwellings may be erected on the lot and the site must bemaintained as one lot" . This condition prevents the applicant from dividing the lot. He further testified that the parcel in question is completely dry since it has been drained as the result of development around it . No opposition was voiced at the hearing. REMYED Robert Elliot DANIEL ?ON$ 1 Berkeley Road TOWN LURK Petition No. 11- ' 85 NORTH ANDOVER March 15, 1985 Page 2 &1 AN� �� f ,u rgC �7 Upon 8 motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted unanimously to remove the condition from the 1970 decision of the Board of Appeals, thereby enabling the petitioner to subdivide 1 Berkeley Road into two lots, consisting of Lot A with 12, 555 square feet which contains the existing dwelling and Lot Bwith 12,750 square feet, in accordance with the plan submitted by the petitioner . In removing the condition, the Board finds that the previous reason for maintaining the lot as one no longer exists and that the existing dwelling on Lot A, which contains adequate area and frontage, has existed for some time with no detriment to the neighborhood and that the proposed dwelling on Lot B will be situated on a lot which meets all requirements of the current zoning laws . The Board further finds that denial of the request would create a financial hardship to the petitioner since he would be denied the opportunity for a buildable lot which does not require any variation from the Zoning By Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman Jw (plan to follow) Oversized Maps on file with the Town