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F0�0LatVrZV, Z NOTICE OF DECISION
Date . . .
Petition No.. . . . 2 -� .",81. . . . . . . .
Date of Hearing. . Februa47. 9.,. .1 $1
Petitionof . . .Angelo Freda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .
Premises affected .Lot, 22 —.Foxhi1.1 Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . .Zoning 4y.-Law
Section. 7., .Par�g?&Ph.7.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the construction .of.a. chimney, within.the, required. .20 ,fggt. side .
. . . . . . . . . . . . . . . . . . . .
set .back.. . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . .Grant . . . the
vviance . . . . . . . . . . . I . . . . . and hereby authorize the Building Inspector to issue a
permit to . . . . Angelo Freda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
Frank Serio, . Jr. , Chairman
Alfred E. Frizellet .Esq.,. Vice-Chairman
Richard ,J. ,Trepanier, .Esq..,. .Clerk. .
Augustine.Nickerson . . . . . . . . . . . . . . . .
Walter F. .Soule. . . . . . . . . . . . . . . . . . . .
Board of Appeals
VA
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TOWN OF NORTH ANDOVER
10 bz £a 2 MASSACHUSETTS
BOARD OF APPEALS
February 19, 1981
Angelo Freda
104 Pleasant St. at Millpond
Premises affected: Lot 22
Foxhill Road
Petition No. 2 — 181
Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Sir:
The Board of Appeals held a public hearing on Monday evening, February 9i 1981
upon the application of Angelo Freda. The hearing was duly advertised in the
North Andover Citizen on January 22 and 29, 1981 and all abutters were notified
by regular mail. The following members were present and voting at the public
hearing: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vioe-Chairman;
Richard J. Trepanier, Esq., Clerk; Augustine Nickerson; and Walter F. Soule.
The petitioner seeks a variance of the provisions of Section 7, Paragraph 7.3
of the Zoning By—Law to permit the construction of a chimney on the premises
known as Lot 22, Foxhill Road.
The petitioner testified that the contractor placed a foundation within the side
set back requirements. However, when the chimney was included, the side set back
was approximately 1.5 feet less than required. The petitioner said that it would
be a financial hardship should he be required to move the existing foundation.
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, it was voted
unanimously to grant the variance as requested. The Board finds that each of
the requirements of Section 10.4 of the By—Law have been satisfied.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr., Chairman
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APPROVED BY THE MO2T14
ANDOVEROARP OF APPEALS.
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N. A NDWER, MASS.
TO ACCOMPANY ZON/NG WR/ANCE PET/T/ON OF
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MERR/MACK ENGINEERING SERF/CES /NC.
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41VOOVER MASSACHUS E T T-5 0/8 /O
_.. .. TELEPHONE (6/7) 475-3535
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TOWN OF NORTH ANDOVER
MASSACHUSETTS o� J4 ��� �1+
BOARD OF APPEALS
NOTICE: This application must be typewrit
APPLICATION FOR RELIEF FROM THE RDWDOGNTS OF THE Z o `R
D to Va EZ
104 Pleasant St. at Millpond
Applicant Angelo Freda Address No. Andover, Massachusetts
1. Application is hereby made
(a) For a variance from the requirements of Section 7 _ P h 7.3
11 a 'ap.
of the Zoning By-Laws.
I
1
(b) For a Special Permit under Section , Paragraph of the
Zoning By-Laws. _
f (c) As a party aggrieved, for review of a decision made by the Building Inspector or
other authority.
a
?. 2. (a) Premises affected. are land X and buildings._ x numbered Lot 22 Foxhill
s � Road.
73.36
(b) Premises affected are property with frontage on the North2(12. 09_ , South-
221.41 ,
_East125. 04 , west90. 58 side of West Side, Fox , > l Riad xvpLr and known as
No. Street:
i
(c) Premises affected are in Zoning District R3 , and the premises affected have an
area of 27,863 and frontage of 125.04 feet.
3. Owndrship:
(a) Name and address of owner (if joint ownership, give all names):
Angelo Freda
Creat Pond Realty
Date of purchase 1980 Previous owner John Tuttle, Tr,
(b) If applicant is not owner, check his interest in the premises:
Prospective purchaser
Lessee
Other (explain)
4. Size of proposed building: 80 front; 26 feet deep.
Height: 1 1/2 stories feet.
Nb) Approximate date of erecticna:Foundation Dec. 1980
Occupancy or use of each floor: Residential
(p) Type of construction: Concrete Foundation •
5. Size of existing building: 80 feet front; 26 feet deep.
Height: 0 stories; 14 feet.
(a,) Approximate date of erection: February 1981
b Occupancy or use of each floor: Residential
(c) Type of construction Wd. FRM
6. Has there been a previous appeal, under zoning, on these premises? NO
If so, when?
7. Description of relief sought on this petition Relief from requirement of building
foundation for fireplace chimney not be In Atpd within 20 ' of a side
lot line.
I. 8. Deed recorded in the Registry of Deeds in Book Pager or Land Court
Certificate No. 8623 Book 58 paRe 97 .
The principal pointe upon which I base my application are as follows: (must be stated in
detail).
The foundation of the chimney is located within 16" of the required setback
i.e. 20' is required, and 18.65 feet is provided. If the variance is not
given, then the fireplace cannot be constructed, ruining the house design,
and causing a financial hardship, since the entire foundation, subdrains etc.
would have to be removed, and replaced.
I agree to pay for advertising in newspaper and incidental expenses.
Petitioner's Signature
Sec. 1 APPLICATION FORM
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.
r 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 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 fee sufficient to cover the cost
of postage of all notices to all parties in interest.
LIST OF PARTIES IN INTEREST
NAME ADDRESS
Ames Stevens 72 Great Pond Road
No. Andover, MA
Dennis & Judith McManus 134 Great Pond Road
No. Andover, MA
John & Rosalle Niceforo 100 Great Pond Road
No. Andover, MA
Great Pond Realty 170 Great Pond Road
No. Andover, MA
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ADD ADDITI014AL SHEETS IF NECESSARY