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Home My WebLink AboutLODGE, RUSSELL Received by Town Clerk ; Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: I . 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 ._ must therefore be re-submitted to it for approval under the ___. Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNINd" BOARD Byl Date • Received by Town Clerk : RES7?','r0 FORM A DANIFIL I_tlP1G T O'k F.K F$PLICATION FOR ENDORSEMENT OF PLAN 1151 IEVED NOT TO REQUIRE APPROVAL 4 October 25 19 83 To g the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that suchh approval is not required for the following reasons : 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of .frontage required by the North Andover Zoning By Law and is on a public' way , namely , Berkeley Road , or a private way, namely , , being land bounded as follows : _ Southerly 100 feet by Berkeley Road, Westerly 100 feet by land of Euelth, Northerly 100 feet by land of Lodge and Fasterly 100 feet by land of Flliot, (being lots 0154 and 155 oh "Plan of House Lots at Wilson's Corner" recorded in the Essex North District Registry of Deeds as Plan #88) 2 . The division of land shown on the accompanying plan i-s not a sub- division for the following reasons : This land has the required street frontage (100 feet), and falls within the Exception of Paragraph 7.8 (2) of Section 7 of the Zoning by-laws, a special permit having been granted byte Board of Appeals. 3. Title reference North Essex Deeds , Book 834 Page 45$ ; or- Certificate of Title No . Registration Book ; Page icant ' s Snature : Owner ' s signature and address if not ' the applicant : A licant ' s Address : Joseph E. Boulanger, Esq. 316 Essex Street Lawrence, MA 01840 DANIEL ToWp q '+G uwar+ ;p Any appeal shall be filed NON ;±° i LFfi f Baas ; within (20) days after the hOOVER ' i-Rao* .elate of filin Aug 23 2 f._ 1n the Office of this Notice 7 PM 83 TOWN OF NORTH ANDOVER )n th of the Town riC MASSACHUSETTS 110ARD OF APPEALS , NOTICE OF DECISION Petition No.. . .4 5-.�.8 3. . . . . . . . . . . . Date of Hearing August 8:, 1,983 Petition of . . RUSS.ELL .AN.D.AUNE , LODGE. . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . Premiess affected .19 Toll anal Road ;anal Northwest side of . Berkeley. Street Referring to the above petition for a variation from the requhmnente of the . Z o n is n g. .B y. ,L a w Section 7 , Par. 7. 3 and Table 2 and a Special Permit under Section 7 , Par.•. . . . . . . . . . . . . . . . . . . . so as topernut . re.lief. from . th;e . reo.r ,s:etb.ack. .re.qui.rement- Ao. .all.QKAho .son- tinued existence of a garage and .the construction of a single family dwell i n.g. .o.n . .a . l.ot. o:f. 1:Q,oQQ. .sG.uar.e . feet... . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . r a.n t. . : the v,a r:i.a n.ce . a.n d. .S pe c i.a 1 . .P a r i t.*and hereby authorize the Building Inspector to issue a perautto . .Ru;sse.l. l. .and . Ju;ne. .Lo.d9?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . . for the construction of the above work, based upon the following conditions: See attached conditions *to allow relief from the setback requirements for the dwelling located on Lot A and the formation of a 10 ,000 square foot lot on Berkeley St . shown as Lot B and deny the variance request to allow the Signed continued existence of the garage located on the lot Frank. .Ser.io-,. .Jr.. ,. •Cha.irm.an. . . . . . . . line of Lots A and B . Alf.r.ed. .f... Fr.i.ze.l:le., . E.s.q..., . Yti.Ce. .Chairman R i c.h n r.d . J.. . T.r.a p.a n a.e r.,. .E s.q..,. .C.l.e r k Wi 11.i am . J... . S.ul 11va.n . . . . . . . . . . . . . . Augus.0ne. .W... .N.cke.rso.n . . . . . . . . .. Board of APPe DANN .t i 9N '"�RTM' Any appeal shall be filed lE� o r �,,.•' ,� JPiG �: .�x . ..•"off T7'�fty .;i.LR within (20) days after the NORTH 4,40CVER �� date of filing of this Notice Au23 4 �.� p a in the Office of the Town 2 47 PM 'B3 'ss��us•� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 23 , 1983 Mr . Daniel Long , Town Clerk Russell and June Lodge Town Office Building 19 Tolland Road and 120 Main Street Northwest side of Berkeley North Andover, Mass . Petition No . 45- ' 83 Dear Mr, Long ; The Board of Appeals held a public hearing on Monday evening, August 8 , 1983 upon the application of Russell and June Lodge . The hearing was advertised in the North Andover Citizen on July 21 and 28 , 1983 and all abutters were notified by regular mail . The foliowing members were present and voting : Frank Serio , Jr . , Chairman ; Alfred E . Frizelle , Esq; , Vice Chairman ; Richard J . Trepanier , Esq . , Clerk ; William J . Sullivan ; and Augystine W. Nickerson . I The petitioner seeks a Special Permit under Section 7 , Par . 7 . 8 ( 2 ) of the Zoning By Law to allow the construction of a single family dwelling on a lot of 10 ,000 square feet and a variance from the Provisions of Section 7 ,, Par,, 7 . 3 and Table 2 to allow the continued existence of a garage having less than the required rear setback on premises located at 19 Tolland Road and the Northwest side of Berkeley Street, The petitioner testified through counsel that they have owned the property since 1956 . They are proposing to divide the parcel to create a 10,000 square foot lot on Berkeley Street , shown as Lot B on the plan. Such a division is allowed in the R`-4 zoning district under Section 7 , Par . 7 . 8 (2 ) of the Zoning By Law with a, Special Permit from the Board of Appeals . The rear setback variance is necessary to allow a garage , which is located on the lot .line between Lots A and B on the plan , to continue . The applicant ' s dwellih9is located on Lot A. Upon a motion made by Mr. Frizelle and seconded by Mr . Trepanier , the Board voted unanimously to grant the Special Permit to combine the two 'lots on Berkeley Street to form Lot 8 into a 10 ,000 square foot lot subject to the conditions that the one _story wood frame shed be razed r - pE' 15rF0 Russell and June Lodge DAN3r' LONG 19 Tol l and Road and NW side of Berkeley St . T0Whi = M IRK Petition No . 45- 183 NOM 0iOVER Page 2 Aw 23 24? PM '83 prior to the issuance of a building permit and further subject to the condition that the one ,story garage on the lot line between lots A and B be razed or moved to either lot with sufficient set- backs as required by the Zoning By Law prior to the issuance of a building permit and that the pians be revised to show that the structure will be razed or moved; and grant the variance on the setback requirements for the dwelling on Lot A , Tolland Road . The requested variance to allow the continued existence of the garage is denied. In granting the Special Permit , the Board finds that Section 10 . 31 of the Zoning By Law has been satisfied . In particular, the Board finds that the specific site is an appropriate location for a single family dwelling; the use as developed will not adversely affect the neighborhood ; there will be no nuisance to serious hazard to vehicles or pedestrians ; adequateandappropriate facilities will be provided for the proper operation of the proposed use; and the use is in harmony with the general purpose and intent of the Zoning By Law . In granting the variance for the dwelling on Lot A , the Board finds that due to the location of the structure on the Tot for several years with a slight deviation from the existing requirements of the Zoning By Law constitutes a hardship to the petitioner . In denying the variance request for the ,garage located on the lot line between Lots A and B , the Board finds that Section.-. 10 .4 of the Zoning By Law has not been satisfied . Specifically, the Board, finds that the applicant failed to show, a hardship as required by Section 10. 4 of the Zoning By taw and that the garage can be removed or razed without causing a substantial hardshf,p to the petitioner . Sincerely , BOARD OF APPEALS Frank Serio, Jr. , Chairman Jw ( Plan to follow )