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Home My WebLink AboutFRANZ, ROBERT t ►aa RECEIVED �,�. .;sti Any appeal shall be filed DAA E1.. LONG Ero,��°1P01��'°°�t within (20) days after the �tl N CLERK ;: 1855 :, date of filing of this Notice NaRt ANDOVER � f�....... ;�g4in the Office of the Town 03 AMrg �•.., t Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . .May. . 16 , . is 8.5. . . . . . . Petition No.. . . .l7-! 5. . . . . . . . . . . Date of Hearing. .May. 13,. .19 A 5. ROBERT AND MARY FRANZ Petition of _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . .parcel 56 - Andover Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a ua7tRx . Special .Permit . . . under. Section . 4...121, . Paragraph-17-of-the. Zoning. By. Law. . so as to pefmit the. .construction. .of. .a. dwelling. with .a. .f ami ly .suite . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .Grant. . . the Special Permit . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . construct. a .new dwelling• to. include -a. family site . . . . for the construction of the above work, based upon the following conditions: (see attached conditions) Signed Frank Seriq,. Jr..., . Chairman. . . . . . . . Alfred E. Frizelle, Esq. ,, .Vice. Chairman Augustine, .4l.. Nickerson, . Clerk, , William _J.. .sullivan . . . . . . . . . . . . . Walter. .F,, .Soule. _ . . . . Board of Appeals Robert and Mary Franz Parcel 56 Andover Street Petition No. 17-185 May 160 1985 Conditions of approval: 1. That the addition be in accordance with the artist' s rendering presented at the meeting held on May 13, 1985. 2. The family suite is solely for occupancy by Mr. and Mrs . Felix J. Cote, parents of Mary Franz. 3. The Special Permit shall expire at the time Mr . and Mrs . Felix J. Cote cease to occupy the family suite. 4. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. 5. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit , grants to the Building Inspector or his lawful designee the right to inspect the premises . R � 1VED Any appeal shall be filed QA iEI LONG �"°" �� within (20) days after the U N CLEi'K NORTH Ah17Uti° �� ' date of filing of this Notice In the Office of the Town MAY I6 11 03 Al ��J� '+�b+,..o.:" +• Clerk. sac"us TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 16, 1985 Mr . Daniel Long, Town Clerk Robert & Mary Franz Town Office Building Parcel 56 Andover St . North Andover , MA 01845 Petition No. 17-' 85 Dear Mt. Long: The Board of Appeals held a public hearing on Monday evening, April 8, 1985 upon the application of Robert and Mary Franz. The hearing was advertised in the North Andover Citizen on March 21 and 28, 1985 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairmian; Alfred E. Frizelle, Esq. , Vice Chairman; Augustine W. Nickerson, Clerk; William J. Sullivan; and Walter F. Soule. The petitioners seek a Special Permit under Section 4. 121, Para- graph 17 aragraph '17 of the Zoning By Law so as to permit the construction of a dwelling with a family suite on premises located on the South side of Andover Street known as Parcel 56, Andover Street . The petitioners , testifying on their own behalf, presented a plan to the board showing the layout of the proposed dwelling. it included the two-story main dwelling, the family suite, and a section to house Dr. Franz' s dental practice. The family suite wouldlconsist of two to three bedrooms and will be occupied by Mrs . Pranz' s parents . Further testimony revealed that personnel to care for the occupants of the family suite may also reside on the premises . No objections were voiced at the hearing. Upon 4 motion made by Mr. Frizelle and seconded by Mr . Nickerson, the Board voted unanimously to take the petition under advisement . The Board rendered a decision at a regular meeting held on Monday, May 13, 1985 with Members Serio, Frizelle, Nickerson, Sullivan and Soulelagain present and voting. i II Robert and Mary Franz Parcel 56 Andover Street Petition No. 17- ' 85 May 16, 1985 Page 2 Upon amotion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted unanimously to grant the Special Permit for a family suite on the premses as shown on the plan submitted which shall be attached to the Special Permit, with the following condi tions: 1. That the addition be in accordance with the artist's rendering presented at the meeting held on May 13, 1985. 2. The family suite is solely for occupancy by Mr. and Mrs . Felix J. Cote, parents of Mary Franz. 3. The Special Permit shall expire at the time Mr. and Mrs . Felix J. 'Cote cease to occupy the family suite. 4. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. 5. The applicant , by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises . In granting the Special Permit, the Board finds that Section 10. 31 of the 'Zoning By Law has been satisfied. In particular, the Board makes the following findings: 1. The specific site, Parcel 56 Andover Street, is an appropriate location for such a structure and use, since the proposed location contains more than twice the required area and frontage for the R-3 zoning district. 2. The use of the premises for a family suite will not adversely affect the neighborhood, since the neighborhood in comprised of similarly sized one and two family dwellings . 3. There will be no nuisance or serious hazard to vehicles or pedestrians , since the addition of a family suite will not increase traffic at this location. 4. Adequate and appropriate facilities are available on the site for the proper operation of the proposed use. The Board finds that the granting of a Special Permit for a family suite at this location is in harmony with the general purpose and intent of the Zoning By Law. Sincerely, BOARD OF APPEALS V./ ('Q, Frank Serio, Jr. , Chairman 7w Attachment ncceived by Town Clerk : Gate : F,Er,Epy�Df TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS `' Time : 7G," �i` _ ;'S; ,ti ' `J� loti ce : This application must be typewritten S t AP ACA�'tO Y RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant See attached Address See attached w 1 . Application is hereby made �s� �ess�s�a�s'�c�ssi;ao�sthsssse�s�Bes�tssasfs�ee�bs:oasssssssss�nasgpia ds6rs��e o�"ssl�bes�as�sBy3st,as�. Jh3� fans asS&P s sdssbbe $Sf ysays.D;ws . ( c) As a' party aggrieved, for review of a' de0sion wide by the•:Building Inspector or other authority. 2. ( a) Premises affected are land x and building(s ) x numbered lecatied in area known as Trafalrrax Street . _ Estates including Rock Road. (b) Premises affected are property with frontage on- the. North ( x ) South ( x ) East ( x ) West { ) side-1)f :RJo`ck,_'. _XJJJJowRJdjte. Tolland Ingalls Street , and known a5 No. See etitions-filed - treet. er e Wilson Roads and St yens, acy, union..'Andover ree s. & Weigh:Tavern & oaE Lan ( c) remises aeffected are 7n Zoning Distript = R9"4 . , and the premises affected have an area of various squar--e f et_ and. frontage of various square feet. 3. Ownership ( a) Name and address of owner (if joint ownership , give all names) : -Robert Franz 9 Rock Road, North Andover Dateof purchase Aug. or Sept, 182 •,PrevioLts- Owner ga= & Maine stillman (b) If applicant is not owner , check his ince-rest -in the premises : Prospective Purchaser , Lesee x Other (explain) See letter k or file with Board of Appeals 4. Size of proposed building : N/A front ; NIA feet deep ;and/or Bldg. Insp. Height : NA stories ; N`A feet. �a ) Approximate date of erection : N/A b) Occupancy or use of each floor : (c) Type of construction ; 5 . Size of existing building : feet front ; _ feet deep ; Height : 2 stories ; 2000 to feet. 2100 Sq. (a ) • Approximate date of erection : 1980 (b) Occupancy or use of each floor: Dental office - lst floor. Gara a - storage of dental supplies and eauioment, 2nd floor —unknown ( c) Type of construction : Frame 6. Has there been a previous appeal , under zoning , on these premises ? No If so , when? 7. Description o f relief sought on this petition We ask you to institute the appropriai action to correct, restrain and disallow the use of said residence as a dental office thereby enforcingg Zoning By Laws of N. Andover and protect the residential- nature of the neighborhood in accord ce wi h Sect. 4.121 �4J9 4.122 ana 4.123 8. Deed recorded in the Registry of Deeds in Book 1604 Page 0025 or Land ' Court Certificate No. Book Page (Available in Assessor's Office) The principal points upon which I '-.base m (Must be stated in detail ) y .application are as follows : Srt� 1 !i 122 and .Z2 Violation of sect a residi in said dwell sect. c) Display customa+•.T nth residential buildings d) not more than -sew not to exceed 1000 sg, feet devoted to such use.- No stockcommodities or roducts occu i ng space beyond these. limits a display of goods or wares visible from street, f) premises shall not be rendered objectionable or detrimental to residential character of the neighborhood_ due to appearance, disturbance etc. or any other way become objectionable. Sect. 6:5 a) one —sig not to e?ccee one sq. � oo an sec ome occupa ion mus be clearly secondary. I ayr =c ,av for lasing in newspaper and incidental expenses* Petitioner 's Signature APrJ --ATION FORM tvr ' dtinn for action by the Board shall be' made on a form a tk,` Board. These forms shall be furnished by the clerk �n ' " Any communi,�anon purporting to be an application :�a11 treated as mere r>'atice of intention to seek relief until s it is made on the official application form. All in- forma ' led for by the form shall be furnished by the applicant in the ah— therein prescribed. ; on shall be submitted with a list of "Pasties in ? i st shall include the petitioner, abutters•,t owners of iy pposite on any public or private street or way , to the abutters within - three hundred feet of the property petitioner as they appear on the most recent applicable t'. +i,ithstanding that the land of any such owner is located the r town , the Pianni*ng Board of the city or town, and ^f every abutting city or town . tion < ;: dl1 be submitted with an application charge cost Of P5 . 00% In addition , the petitioner shall be respon- d ny - 11 cos :_s involved in bringing they g g petition before i rd. SL'c,,: ;sts shall include mailing and publication , but ' ,ecessa ; . ,y limited to `the-se . . LIST OF PARTIES IN INTEREST — Dame Address Names available in Assessor,s/building Inspector's Office. (List will be furnished upon request). ( Use , dditi-onal sheets if necessary) December 14, 1982 Town Office Building 120 Main Street North Andover, MA 01815 Re: 9 Rock Road North Andover, MA Gentlemen: We hereby file an application for relief from the requirements of the Zoning Ordinance in accordance with appeal procedures outlined in Zoning By-Laws. We would appreciate copies of documents and papers constituting the records of the case in appeal. The Building Inspector is required under the Zoning By-Laws to provide this information to the Board of Appeals. Please forwar$ these reports to us at least two weeks prior to January 10, 1983 meeting. Thank you for your cooperation and the resolution of this matter. L • L