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HomeMy WebLinkAboutLIPOMI, LOUISE Received by Town Clerk : REr,- '1 FORM A r N s's i i NG TU,%ii :APIIPLICATION FOR ENDORSEMENT OF PLAN NORP- ;`:':;fttgEVED NOT TO REQUIRE APPROVAL JUL 27 (l ga AM '83 4da4_-�—t l g ?j To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons : 1 . 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 by the Andover Zoning By Law and is on a public way , namely,, / iaj , or a private way , namely , being land boinded as follows : A 6 � .i, s S _ =� The division of land shown on the accompanying plan is not a sub- di-v-�sion for the following reasons : ^A&r T,itl,,� Aerence North Essex Deeds , Book �_; Page _ a, or Certificate of Title No . Registration Book > Page Applicant ' s Signature : Owner ' s signature and address if not _ the .applicant : Applicant ' s Address : �7 Received by Town Clerk : Notice to APPLICANT/TOWN 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 been made upon the same . 2. The North Andover Planning Board has determine that said plan sho s bdivi io as. de in d by G L . 41 , s . -L , and must erefo be re-su ted t i for ap val unde the Subdivision Control Law. Very truly yours , NORTH ANDOVER' PLANNING BOARD By • Date : PI ANNING BOARD APPROVAL UW)FR SUaD!Vl.`ON CONTROL REGULAZII rJGi �t 'JiRLJ 5 PR U C � _- . __ {; � STREET ' ., MlCsai' €` � �'HOPY f✓OMENi40 CA NTONE i 1� .. _. i i .. P ! T_ � _ - :� � � I'a l..L/ Il�L •1i,14�i �`'�`_ r•.t"l.v�,•a'j � !1 �.. /" / - -ss.. - Y _,� 1C) �r3fi S. F. ,tura.-, � S.E • ( -� Jam/ � � �d/ �/J��j•sj� f * L all Im io ,1 iy r.. r T 3 _ I� U � y � z . z -T ..E..r i�• _.,.__ _ �.. .... -_ __._ ______- _— _. ___ ivi ' .1 L.' JI :,, i• .. of �..• _.. : .. Received by Town Clerk : R =,t EO FORM A uA �. �.��lU N0 Rf�PLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL JUL 27 11 ss 19 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : 1. 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 by the North Andover Zoning By Law and is on a public way , namely , Annlak 6;6ee_ef or a private way , namely , being land bounded as follows : �- oCh Is4t- o4� V 2'. The The division of land shown on the accompanying plan is not a sub- division. for the following reasons : 1 r ! AW) jW&tzel ` s. 3. Title reference North Essex Deeds , Book Page Page _; or Certificate of Title No . Registration Book ; Page Applicant`s . Signature : Owner ' s signature and address if not the applicant : � v Applicant ' s Address : Received by Town Clerk : Notice to APPLICANT/TOWN 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 been 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 y must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING ,BOARD By ; Date : Any appear within (20) days ai IL date of filing of this Nou�c JER t�,'$ in the Office of the Town Clerk. JUN 09 '83 TOWN OF NORTH ANDOVER MASSACHUSETTS $OARD OF APPEALS NOTICE OF DECISION June 27, 1983 Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition No.. . . . 3 3,-!8 3. . . . . . . . . . Date of Hearing. pune. .1.4.,: . 1,9.$A Petition of . . . . . LOUIS. AND. JENNIE LIPOMI Premises affeeW . . . . .472. .Massachusetts Avenue Referring to the above petition for a variation from the requirements of the . .Zoni ng.BY.Law ,Section. 7, . Paragraphe . 7..1,. ,7.3, , and. .Table 2 so auto permit . . .relief .from .the .axe a. .and. sptb.ack. :requi,xements . tQ. allQw the continued existence of a single family dwelling which will not meet. .the. .area. .or. .fronit. .and.:re.ar—:iet,�ar* . x:equ x'emeAts. .4od .the, cops,truction of a single family dwelling on a lot which will not meet the area or* After a public hearing given on the above date,the Board of Appeals voted to . Gxa.nt . : the variance . and hereby authorize the Building Inspector to issue a permit, to Louis .and Jennie. Lipomi Ow bin emohmetion of Ow ebme work, hand upon the fellevik.-am-ditions-, * front setback requirements Signed Frank. ,Serio.,. .jr. ,. Chairman. . . . . . . . . 2�lfre.d .E.,. .Fri zalle, . Esq... Vi oe ,Qhairman William. J. . &ullivan. . . ... . . . . . . . . . . . Augustine:_W... .Ni ckers,on. . . . . . . . . . . Maurice. S .. F.oulds. . .. . . . . . . . . . : . . . Board of Appeals L • ,.J . F,�}� ,�r3 o. +'�R'", Any appeal shall be filed <. .• • within (20) days after the t}�.' 1. 4 U�G 3+••^ _.`.'•� TG' r, ,° p date of filing of this Notice in the Office of the Town Clerk. 09 P� s,�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 27, 1983 Mr. Daniel Long, Town Clerk Louis and Jennie Lipomi Town Office Building 472 Mass. Ave. North Andover, Mass . Petition No. 33-183 Dear Mr. Long; The Board of Appeals held a public hearing on Tuesday evening, June 14, 1983 upon the application of Louis and Jennie Lipomi. The hearing was advertised in the North Andover Citizen on May 26 and June 2, 1983 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; Augustine W. Nickerson; and Maurice S. Foulds. The petitioner seeks a variance from the provisions of Section 7, Paragraphs 7.1, 7. 3 and Table 2 of the Zoning By Law so as to per- mit relief from the area and setback requirements to allow the continued use of a single family dwelling which will not meet the area or front and rear setback requirements and to allow the construction of a single family dwelling on a lot which will not meet the area or front setback requirements on premises located at 472 Massachusetts Avenue. The petitioner testified through counsel that he purchased the property in 1956 and now proposes to subdivide his land to allow his son to construct a single family dwelling. The petitioner purchased the parcel with the understanding that:-he had two buildable lots. The petitioner's dwelling is located at 472 Mass. Avenue and the proposed dwelling would front on Hemlock Street. The proposed dwelling would be located on a lot of 10 ,000 square feet and the petitioner' s lot would contain 10 ,796 square feet. There are other similarly sized lots in the neighborhood. No opposition was voiced at the hearing and several neighbors spoke in favor of the petition. Louis and Jennie Lipomi DAVI LLow, 472 Mass. Ave. !! =LERY Petition No. 33-183 NO+i i % `JETIVER June 27, 1993 Pg. 2 JUN 18 ' 09 PM 183 Upon a motion made by Mr. Frizelle and seconded by Mr. Foulds, the Board voted unanimously to grant the variance as requested as shown on the plan. In granting said variance , the Board finds that the existing parcel was a total unit as purchased by the owner prior to the zoning change and that the unusual size of the parcel creates the specific hard- ship in question pursuant to the Zoning By Law. Further, the Board finds that desirable relief can be granted with- out substantial detriment to the public good and without nullifying or derogating from the intent and purpose of the Zoning By Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman Jw (Plan to follow) . pplrT,� e c e v2d by Town Clerk : a;.,•••:�'+r�� ate-* RE �r } �, F NORTH ANDOVER, MASSACHUSETTS t� : �, TOkkl � BOARD OF APPEALS �# , •�0 ime : VER NNo°°��tice : � yjJ application must be typewritten APP'LICATIJAFZR REE LIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE �plicant Louis S . Lipomi and Jennie M. Address479 Maaaac•hpu¢pttc Avenue Llpoml North Andover Application is hereby made 3 ( a ) For XXvariancesfrom the requirements of Section 7. 1 Paragraph 2 and Table 2 of the Zoning By-Laws , section 7.3, and Table 2 rout ; section 7._3_,_and Table 2 (rear) . (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 . . ( a) Premises affected are land X and building(s ) X numbered 472 Massachusetts Avenue. )@qVW4ciK. ( b) Premises affected are property with frontage on the North ( ) South ( } East ( X ) West ( ) side o f Massachusetts Avenue Ot t , and known as No. 472 Massachusetts Avenue. il' SA ( c) Premises affected are in Zoning District R-4 and the premises affected have an area of 20 ,796 square feet and frontage of 200 square feet . . Ownership ( a) - Rame and address of owner ( if joint ownership , give all names ) : Louis S. Lipomi and Jennie M: Lipomi, 472 Massachusetts Avenue N49r-t4AcRd8 rer- Date of purchase 2/4/56 Previous- Owner Maria Mammino (b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain) Size of proposed building: 62 fro-nt ; 37 feet deep ; Height : 1 stories ; under Meet. ( a Approximate date of erection : Fall 1983 ( b� Occupancy or use of each floor : Residentiai purposes. (c) Type of construction : construction w11T be inaccorciance ,with all IYU- 1—IMEng co es . Size of existing building : 46 feet front ; 42 feet deep ; Height : 1N stories ; 15 feet . (a ) Approximate date of erection : (b ) Occupancy or use of each floor : Rac;APnt„jal _- ( c) Type of construction : Wood-frame Has there been a previous appeal , under zoning , on these premises? If', so , when? Description of relief sought on this petition Applicants request a aiing.Lp` family dwelling permit under section 7.1, paragraph 2 exception and section 7 - 3 rpl ief to allow a 1> >i lding wit-h an ' c;` frnn+- as - relief from section 7 . 3 to allow the continued existence of a building with 3 ' " rpal setback, 1. Deed recorded in ' the Registry of Deeds in Book 828 Page 372 i�apaad ox►xkx �ftax tx� t XANNAN xxRa14ex The principal points upon which I base my application are as follows ; (Must be stated in detail ) See attached sheets. j I " gree torp y for advertising in newspaper and incidental expenses* Petitioner 's Signature Sec. 1 APPLICATION FORM I Every application for action by the Board shall be made on a fore approved by the Board. These 'forms shall be furnished by the clet"k 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 in- formation 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 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 respon- sible 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 . - LIST OF PARTIES IN INTEREST Name Address Gepp"� a mom&. e- 4F. /27-OCC&a O?U" tl7f m/a5swc,4vseo-., ra�ctivte Michael J. & Alvine H. Chory 466 Massachusetts Avenue Domenico & America M. Cantone 11 Spruce Street Alcide A. & Mabel F. Rouleau 31 Spruce Street Annie J. Connor 60 Hemlock Street Matthew M. & Patricia C . Natasia 475 Massachusetts Avenue Francis L. & Valerie M. Andrews 1 Meadow Lane Linda A. Jeffrey 52 Hemlock Street ( Use additional sheets if necessary) j STATEMENT IN SUPPORT OF THE PETITION OF LOUIS S. LIPOMI AND JENNIE M. LIPOMI This is a petition for three variances from the provisions of Section 7.1 , paragraph 2 . Section 7.3 rear setback requirement sand Section 7 .3 front setback requirement , all as set forth in Table 2 of the North Andover Zoning By-law. The premises affected are four lots of adjoining land on Massachusetts Avenue ,near Hemlock Street. i The variances are necessary to allow for the subdivision of a parcel of land into two lots for the issuance of a building permit for a single-family dwelling on Hemlock Street. The proposed dwelling would be situated on a lot of 10,000 square feet; the existing dwelling on Massachusetts Avenue would be on a lot of 10,796 square feet. A copy of the plan showing the proposed dwelling is attached ! to this Petition. Hardship exists in this case, in that the four lots in ques- tion were purchased by the petitioners on February 4 , 1956 . The petitioners constructed their home on the two Massachusetts Avenue lots in 1956 . The petitioners have maintained the Hemlock Street lots since that time, paying real estate taxes each year with the idea of giving the lot to their son for con- struction of his personal residence. The petitioners incurred . expense in having the water line extend to the lot on Hemlock Street . The petitioners retained the property, paid taxes and other maintenance expenses in reliance on the Zoning By-law, believing they held a lot that could be built upon. Subsequently, Page Two the Zoning By-law was changed. As a result, the petitioners hold a lot that cannot be given to their son for him to build a home on. If the variance is granted, the Massachusetts Avenue property will consist of 10,796 square feet; the Hemlock Street property, 10,000 square feet. There no q is detriment to the public good in that the existing and proposed dwellings will be situated on lots the size of many house lots in R-4 districts . Two of the abutting lots to the subject property each consist of 10,000 square feet. One lot directly opposite the subject property consists of 8 ,850 square feet. The petitioners respectfully submit that all of the conditions for the granting of a variance are present. If the lot area variance is granted, petitioners will need a rear setback variance to allow the continued existence of their dwelling on Massachusetts Avenue. The rear setback requirement is 30 feet; there will be a rear setback of 23 ' 211 . A variance is also required for the proposed dwelling on Hemlock Street. The front setback requirement is 30 feet; there will be a front setback of 20 ' 5" for a small portion of the proposed dwelling. R That portion is approximately 20 feet of the dwelling comprising a garage . The major portion of the front of the house will meet the 30-foot setback requirement. Both the existing and proposed dwellings will comply with all other setback requirements. There will be no derogation from the intent of the By-law if the vari- ances are granted. Neither of the buildings will be so close to adjacent property as to be health or safety hazards. The By-law p P Y Y Y i seeks to maintain a consistency of setback within the zoning r Page Three district and this consistency is not substantially violated by the two dwellings. The violations are both under 10 feet, and the character of the neighborhood is not derogated by it. For all the above reasons, it is respectfully requested that this Board grant the variances to allow a building permit to issue for the Hemlock Street property and for the continued existence of the home on the Massachusetts avenue lots. Respectfully submitted, LOUIS S. LIPOMI and JENNIE M. LIPOMI By their attorney, Laurence J. Ro 316 Essex Stre Lawrence, MA 01840 r. h f