HomeMy WebLinkAboutMCCARTHY, MARY ReE iv�d, by Town Clerk :
A'E�'f lYf±n
FORM A DA�t>~i. LI?NC
NORTH hboylA
APPLICATION FOR ENDORSEMENT OF LAN
BELIEVED NOT TO RE UIRE APJ& L Qfig On
.
April 13, 19 _89
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 , Liberty St/Sharpner'sPond Rd. , or a private way , namely ,
, being land bounded as follows :
Easterly and northeasterly by Liberty Street; Northwesterly by land now or formerly
of H. C. Sons & Associates; Westerly by Sharpner's Pond Road, Southeasterly by
land now or formerly of Barry & Karen Fitzgerald , southerly by land now or formerly
of H.G. Sons & Associates, Westerly and Southerly by land of N. Middlesex
Construction Co. Inc. and Mark Gonserva.
2 . The division of land shown on the accompanying plan is not a_sub-
division for the following reasons :
All lots located in public way, --
3 . Title reference North Essex Deeds , Book X508__s Page 217 or
Certificate of Title No . , Registrat' on Book ;
Page Also Essex Probate��Co��u��rt No. 2793]7
Applicant' s Signature: oz4'
c
Owner ' s signature and address if not
the applicant :
MhIRIV /- �y1 G G�+R r rt u
(Print Name)
Applicant ' s Address :
Johnson Street
N. Andover, MA
Tel. No. 688-4350
Received by Town Clerk :
No'!,tice to APPLICANT/T0WN 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
must therefore be re-submitted to it for approval under the
Subdivision Control Law .
Very truly yours ,
NORTH ANDOVER PLANNING BOARD
By
Date •
` Received by Town CLREIKI ED
DANIEL LCKG
TOWK CLERK
NORTH nH AWER . .
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
7jy
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant— e- _F._McCarthy ------—_-----Address-22ft ahnson S}_ Nn_ Anan pr
1 . Application is hereby made:
a ) For a variance from the requirements 'of Section 7 Paragraph 1
and Table `-of the Zoning By Laws .
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.
2. a ) Premises affected are .land X and building(s ) _numbered
T,Qts 4&j.6L�grty_5 .,_LQt Z�k7drpners__5:t*'-�t .
Pnd Rd.
b) Premises affected are property with frontage on the Korth ( )
South ( ) East (X) West ( ) side of Liber St. ,�East Side of ,q Pond
Street , and known as No. N/A — - Street . Rd.
--------------- -----
c ) Pxemises affected are in Zoning DistrictR-1 , and the premises
affected have an area of square feet and frontage of
feet . Lot #4, 57—,143-§.-F.-- 150' Frontage hot #7, 68,019 S.F.
Lot #5, 63,784 S.F. 242.63 Frontage 211.16 Frontage
3. Ownership Lot #6, 56,561 S.F. 173.04 Frontage
a ) Name and address of owner ( if joint ownership, give all names ) :
Mary F. McCarthy, 290 Johnson St. N.A. Bernard A. Albers, 1 Elsmere Ave. , Methuen, Ma.
Date of Purchase Approx_1922 --_-_Previous OwnerAnna L. Albers, Mother
inherited 1962 .
b) If applicant is not owner , check his/her interest in the premises :
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: Unknown front; feet deep;
Height stories feet . trf"Oan
a ) Approximate date of erection:
b) Occupancy or use of each floor : N/A
C ) Type of construction:---------� - ------
5 . Size of existing building: _ feet front ; feet deep
Height stories ; -feet . None
a ) Approximate date of erection:_- II=------
t 7;t Description of relief sought on this petition Seeking Area Variance from
2 Acre Zoning Requirement.
.
8. Deed recorded in the Registry of Deeds in Book`' 508
,, Page _217
Land ..Court Certificate No. None Book page
The principal Points upon which
I base my application are as follows:
Imust be stated in detail )
Petioners acted in good faith when the land was subdivided .int-�, ' plus acre-lots in 1986.
` The understanding was that all lots would 'b`e gragran fa ere in, . .
Was-
in the zoning requiremnts.eThe way t e lots are arrange it would be difficult to comply
in
situate�e a
�'�.Af_tbF;�ther 7oY_a r_r atiriCl' an-unusual situation.
I agree to pay the filing fee, adve
expenses* rtising in. newspaper , and incidental
Signatu a of Pekitiv eY( s ---
Every application for action by the Boardshall be made on a form approved
by
.• the Board . These forms shalt be furnishes 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 ' �herein,.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 ( 300 ' ) 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 r
:every abutting city or town .
*Every application shall be submitted with an appi,ication charge cost in
:the amount' of $25 . 00. In addition, the petitioner shall' be responsible
: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 .
Every application shall be submitted with a plan of land approved by the '•
Board.' No petition will be brought before the Board unless said. plan has
been submitted'. Copies of the Board ' s requirements regarding plans are
,attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name , Address
1
Rdceivc-d by Town Clerk:
tI
DAH ELIONG
Town CfFRf:
NORTH AN-09-VER
Oct t tpy too
TOWN OF NORTH A&ffl. U9ASSACIiusETTs
- BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Mary F_;McCarthy--------------Address 290 Johnson Street,
or. n over, XAA
1 . Application is hereby made:
a ) For a variance from the requirements 'of Section 7 Paragraphl
and Table 2 -of the Zoning By Laws .
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.
2 . a ) Premises affected are land--X.-and building(s ) _numbered
Lots 4L5L6 Liberty Street Street .
Lot 7 Sharpness _Pon_cT_ltoad-`----
b ) Premises affected are property with+ frontage on the North ( )
South ( ) East (X ) West ( ) side ofLibertY St a d E4§t Side of
Street , and known as No. N A - Street .
c ) Pxemises affected are in Zoning District R_l_, and the premises
affected have an area of square feet and frontage of
feet . Lot #4, 57.43-S.F. 150 ' Frontage
-- Lot 5, 63,784 -S.F. 242. 63 Frontage
3 . Ownership Lot 61 58,561 S.F. 173.04 Frontage
P Lot 171 68,019 S.F. 211 .16 Frontage
a ) Name and address of owner ( if joint ownership, give all names ) :
Mary F. McCarthy, 290 Johnson Street, North Andover, MA
Bernard 'A. Albers, -1 Elsmere Avenue, Methuen, MA
Date of Purchase Approx. 1922 y-Previous Owner Anna L. Albers, Mother
rnneritea 1962
b) If applicant is not owner , check his/her interest in the premises$
_-Prospective Purchaser Lesee other (explain)
a Size of proposed building: N/A front; feet deep;
Height stories; feet.
a ) Approximate date of erection: N/A
b) Occupancy or use of each floor : N/A
c ) Type of construction: N/A
Size of exi3tinq building: NIA feet front;_ feet deep;
Height_- stories ; �fcet .
a ) Approximate date of erection : N/A
r
b) Occupancy or use of each floor :
I ) Type of construction:
Has there been a previous ap eal , 1u/nder zoning, on these premises?
I so, when? �iC f •.r�fNdlwuN .
,
7;, Description of relief sought on this petition Seeking area .variance froth
two-acre zoning requirement.
S. Deed recorded in the Registry of Deeds in Book ': 508 Page 217
Land Court Certificate No. None Book ' Page
The principal points upon which I base my application are as follows:
r (taiust be . stated in detail ) ¢°
Petitioners acted in good faith when the land was- subdivided into one plus
acre lots in 1 86. The understanding was that all lots would be grandfathered
in, if there ever was a change in the zoning requirements. The way the lots
are arranged it would be difficult to comEly because• Lot #7 is situated to the
r = otnR5'Tots creaE g an unusualsituation. . bee o er reasons in
aaci� d ' moradru
I agree o pay the h ling fee, advertising in newspaper, and incidental
expenses"
S nature of Pet do er s
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,;aprescribed .
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 ( 300' ) 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,m .;-
.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 responsible
-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 .
Every application shall be submitted with a plan of land approved by the
Board . No petition will be brought before the Board unless said plan has
been submitted . Copies of the Board ' s requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF PARTIES IN INTEREST
Name Address
See attached list.
(use additional sheets if '-necessary)
TOWN OF NORTH ANDOVER
BOARD OF APPEALS
PETITION OF ) LOTS 4,5,6 LIBERTY STREET
MARY F. McCARTHY and ) LOT 7 SHARPNER•S POND WADAD
BERNARD A. ALBERS )
)
This is an application for a variance from the
minimum lot area requirements in the R-1 zoning district
for four lots on Liberty Street and Sharpner's Pond Road
known as Lots 4, 5, 6 and 7. The lots are shown on a
plan entitled "Plan of Land in North Andover prepared
for Mary McCarthy" , dated January 22, 1986 and prepared
by Christiansen Engineering, Inc. The lots were created
by endorsement by the Planning Board in January, 1986 of
an "approval not required" plan, which was recorded on
January 29, 1986. At that time, the lots were in an R-2
zoning district with a minimum lot size requirements of
one acre. The lots range in size from 56,143 square
feet to 68,019 square feet, or well over an acre and a
half.
The May 4 , 1987 Town Meeting adopted Articles 8 and
9, which changed the minimum lot size in R-1 zoning
districts from 1. 5 acres to 2 acres and rezoned certain
areas, including the subject property, from R-2 to R-1
rendering lots 4 , 5, 6 and 7 nonconforming.
I
The lots in question are part of a parcel of land
I
that has been in the petitioners' family since
approximately 1922. The lots were created with an ANR
plan in the good faith expectation that they conformed
to applicable zoning requirements and that they were
consistent with the neighborhood, which is primarily an
area of one acre lots.
The conditions for the granting of a variance in
Mass. Gen. Laws Chapter 40A, Section 10 and Section 10. 4
of the Zoning By-law are met: l
Owing to the unusual V-shape of the parcel as a
whole, it would be difficult or impossible to form a
marketable lot with frontage on Sharpner's Pond Road
which complied with the two-acre minimum lot size
requirement. The resulting V-shaped lot would be so
awkward as to make much of its land area unusable to an
owner. Potential buyers would likely be unwilling to
pay the price required for square footage which is
relatively inaccessible or unusable.
The unusual condition just noted is peculiar to
this parcel and not to the neighborhood in general.
Because of this unusual condition a literal reading of
the By-law lot area requirements will involve
1The By-law refers to "soil conditions , slope, or
topography" as conditions which must uniquely affect the
land. G.L.c. 40A, §10 refers to soil conditions , shape,
or topography. Since "topography" is inclusive of
"slope" , it is obvious that the use of the word "slope"
in the By-law was an error and that the word "shape" was
intended instead. _2-
substantial financial hardship to the owner, who may be
left with only two lots on nearly five and three
quarters acres of land, and one of those two lots may
well be unmarketable or severely depressed in value
because of its shape.
The requested relief may be granted without any
detriment to the public good and without nullifying or
derogating from the intent or purpose of the Zoning By-
law. The reason for the re-zoning of much of the area
covered by Article 9 of the 1987 warrant was to protect
the Lake Cochichewick Watershed. The property in
question is not in the Watershed. The neighborhood
surrounding the property consists chiefly of homes on
lots of about one acre. The granting of the requested
variance would therefore be more in keeping with the
character of the neighborhood than would a denial of the
requested relief.
For these reasons and others which will be stated
at the hearing, the petitioners request that the
requested variance for Lots 4, 5, 6 and 7 be granted.
MARY McCARTHY and
BERNARD A. ALBERS ,
By their attorney,
HowFal7d P. Wicher
Davis, Malff & D'Agostine
One Boston Place
Boston, MA 02108
( 617) 367-2500
Dated: September 1988
-3
Received by Town
FORMA
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
ZQ Ulqe Y 19
To the Planning Board of the Townof 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 taw is not required. The undersigned. believes that such approva
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 ,
name1y ,Glgt?y S A" O!P StfA wee,_t , or a private way , namely , w
i�oNa ROAD being land bounded as follows :
(V4D27)7 'f2Ly 8 H C SO/VS'ASS(2Z,1je4 ,R Y A`( [
la's 5QA)4AS6;QC, ANA W6zS77 V AV 5HAiQ.A/16,PS Ablyb iwnA.
2 . The division of land shown on the accompanying plan i-s not a sub
division for the following reasons :
3! Title reference forth Essex Deeds , Book ��; Page or
Certificate of Title No . Registration Book ;
Pa,ge
Ap licant ' Signature: Owner ' s signature and address if not
the applicant :
Applicant ' s Address : '. d-`
Fr
Received by town Clerks
Its
Notice to APPLICANT/TOWN _ CLERK of action of Planning Board on
accompanying plan ;
1 . The North. Andover Planning Board has determined that said plan 4
does . not require - approval under the Subdivision Control Law ,
T
and the appropriate endorsement has been made upon the same.
a:
2 . The North Andover Planning Board ,hts"etermined that .said p1
shows a•"subdivisio , as defined by G. L . 41 , s .,,J811-L , and
must' therefore be raz_su.b.mi'tted to it for appw6val under the
division Control Law .
Very truly yours ,
NOT ANDOVER PLANNING BOARD
By .
Date :
N ` ��� s:, rags.;•.
e„is's hall be filed
TOWN OF NORTH ANDOVER pny aPpea, s^ -. ^f'` T the
Ve
MASSACHUSETTS within 120' ` 0 wn
o
BOARD OF APPEALS thef e To
date of �► '' t'a
in Ottice
CIeCV%-
NOTICE OF DECISION
Mary McCarthy December 16, 1988
290 Johnson St. . . . . . . • • • •
N. Andover, MA 01845 24 89
Petition No.. . . . . . . .-. . . . . . . . . . . . .
Date ofg December 13: • 1988
caring. . . . . . . . . . . . . . .
Petition of . . . .Kary.MPCCArt4y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected .Lots. .4,5,6. L.iherty• Street.and. J,at .7. SharpquaF. kond .P'QAd. . . . . . . . . .
Referring to the above petition for a variation from the requirements ofd[ .Section .7., .
Paragraph 1 and Table 2 of the Zoning ByLaw
so as to permit .relief •from• two acre• zoning•requirements . • . . . . . . . . . . . . • • • . . . . . . •
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _v. .
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . : the
variances ... . . . . . and hereby authorize the Building Inspector to issue a
permit to . Mary.McC rthy. . . . .. . . . ,
for the construction of the above work, based upon the following conditions:.
Lots 4,5,6 become two (2) two-acre lots on Liberty Street and Lot 7 one (1) buildable
lot on Sharpener Pond Road provided new plot plans be sumitted to the Board showing
this. Variance for area of Lot on Sharpener Pond Road is also granted.
Signed
. . . . .Frank .Serio,. Jr...,. .Chairman . . . . . .
. . .. . . . .William .Sullivan . . . . .•. . . . . . . . . . .
. . . . .Walter. :Soule. . . . . . . . . . . . . . . . . . . .
. . . . .Louis- 1ti.ssin. . . . . . . . . . . . . . . . . . .
.. . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
�� � REG�IYEO
DANo�CLARK
4 OWE pE N�D7N N
NOR7t1 �DgYER e, .
o m
OEG � I9
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALSAny app^al sVI be filed
within (20) `he
** ****** * ***** date of
Mary McCarthy * Petition #24-89 in the Office of the Town
290 Johnson St. * Clerk.
N. Andover,
A1845 DECISION
Q
The Board of Appeals held a public hearing on Tuesday evening, December 13, 1988
upon the application of Mary McCarthy requesting a variation from the requirements
of Seciton 7, Paragraph 1 and Table 2 of the Zoning ByLaw so as to permit relief
from the two acre zoning requirements on the premises located at Lots 4,5,6 Liberty
Street and Lot 7 Sharpener Pond Road. The following members were present and voting:
Frank Serio, Jr. , Chairman, William Sullivan, Walter Soule and Louis Rissin.
The hearing was advertised in the North Andover Citizen on October 13, 1988 and
October 20, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Soule and seconded by Mr. Sullivan, the Board voted,
unanimously, to GRANT the variances as requested subject to the following con-
ditions:Lots 4,5,6 become two (2) two-acre lots on Liberty St. and Lot 7 one
(1) buildable lot on Sharpener Pond Road provided new plot plans be submitted to
the Board showing this. Variance for area of Lot 7 on Sharpener. Pond Road is also
granted.
The Board finds that the petitioner has satisfied the provisions of Seciton 10,
Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances
will not derogate from the intent and purposes of the Zoning Bylaw nor will it
adversely affect the neighborhood.
Dated this 16th day of December, 1988.
BOARD OF APPEALS
Frank Serio, Jr
Chairman
/awt
Rece5veo'"hy Town Clerk :
REGLiyE�
DAMEL L014C
FORM AT Ct.fRC
11�iRTlt A�ilO1fER
APPLICATION FOR ENDORSEMENT OF � !3
BELIEVED NOT TO REQUIRE APPROV
02
April 13. , 19__$Z_
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 , Liberty St/Sharpner'sPond Rd. or a private way , namely,
being land bounded as follows :
Easterly and northeasterly by Liberty Street; Northwesterly by land now or formerly
of H. C. Sons & Associates; Westerly by Sharpner's Pond Road, Southeasterly by
land now or formerly of Barry & Karen Fitzgerald, southerly by land now or formerly
of H.G. Sons & Associates, Westerly and Southerly by land of N. Middlesex
Construction Co. Inc. and Mark Conserva.
2 . The division of land shown on the accompanying plan is not a sub-
division for the following reasons :
All lots located in public way,
3. Title reference North Essex Deeds , Book 508 Page 217___ ; or
Certificate of Title No . Registration Book
Page Also Essex Probate Court No. 279317
Applicant' s Signature: ��
aauC �� ``2
I Owner ' s signature and address if not
�� � rr�r the applicant :
(Print Name)
Applicant ' s Address :
Johnson Street
N. Andover, MA
Tel.. No. 688-4350
Received by Town Clerk :
0AtAJE;CtERK
NORTH pnOOVER
3 37
Notice to APPLICANT/T041N 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 • T e Horth Ardover Plann ng B and has determined at said plan
sh ws a s division , a defin d by G . L c 41 , 81 -L and
mus they fore be re- ubmitted o it or a pr val under t
Subdi ion Cont of Law .
Very truly yours ,
NORTH ANDOVEP PLANNING BOARD
By :
Dater
Oversized Maps on file with the Town