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Home My WebLink AboutMCCONAGHY, DANIEL DAVtC? �, � I7c.�R.tS �•• . Ct..EtetEtitTs�-tE L.AI�(BEQ.T RtD�"sSLY �. �'' E' ;� Er-BAcze�.[za.M. SMiTti tCAKI,.I.tt✓ R . �' �� a ._ 44 A.PPL.ETOts ST . A?Pi.EToty ST . t53 DA.1..E S't . ff ,Q f z� APPLETbi1 _ SIRE r��q8 .- ._ LOCUS A 'P P L.E`-O �.1 S �' R E �T a�,� � �� to w e �SSE)C C011i� -r-e LA,rOuY~ S�CaI 50 �t�llflE d <. - - - - __ ._ 100.OK:). •,.�3 34 Q1�• . i . . - ES ` ARzA~28,400 f V ARE�►.w 33,400.�� , �' � m 7 S 'Q; �,� � Q• UJ D NOR'CN f.IRDVER $OeARDt APPEALS �ECIS10(.l �o ,�� '� Gq4 rte• -.i � � � � �-� � 0 r RE e u , I y ¢ P l�o�e o Loot Ls E -- !� � i+ W cfl dEED GJiC.t MS- P.42 0 5�° h' o� t1t }- A. Z Z r.H.O.R. PL.r6.M go. 320 fo �Y r�' �, N d a 7 N 5xt S'T'a Lore Legg. - - w ; • a N -' `t'o 5E 'DtSCOUTNUED _;" 0 � Q 1 w w IV W f-w 0 (MAP 3�8- Lor S4-) � CO �1,ttAP 3-t� Lo-r 33� W U 4:r CI. DATE 3 o • �- a q ° PLAN O;:, LAND - CL �- • S Sg W JE Qu E. ur3 J � MOUTm Atquovep, M s s "�Z PPLrz- 0 .3 sT. dQZ pSZEP*4REa FOR tU. ORm Ah70vEQ � DANIEL qADELE. 1that tors plan was pre- aPlannir� Brd Approval undofc- pared in conformance with the clu j 0McCONAG14Y • A vision Prof Law nmf r� — Rules and Regulations of the Ariz Zo 1983 �+� a "� d. flearsters of Deeds. ., -� p d 59 APPLE�'01•t S�'R.ES`C Xom1wG DISTRICT Pt BE27!-r.Goopmf, ,R.Ls. 82C UTR1�.LS-C., $ � o sc�►a so a� Fee 1O;' /19R.?A,1983 12>30{'eOP1E0RMANCE WITH ZONING P. GULAT;C°:S. NORTH ANDOVER PLANNING BC:'.-'D n r �,. - � � �. '" � � ' w .� � �- �j �� ,r R' ? 1 � --�,: J � J C v } Received by Town Clerk : 'R ,, FOR CA Fr . GAF 1i APPLICATION FOR ENDORSEMENT OF PLAN NGRi", ', t _' aR BELIEVED NOT TO REQUIRE APPROVAL 'i JAN 27 10 20 AM '84 ' 19 ZX - 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 nota sub- division because every lotshownthereon has the amount of .frontage required by, th N rth dov r Zoning By Law and is on a public way , namely, e . or a private way , namely, , being land bounded as follows : . is ff - - Ivorn 14 2_ The division of_ land .s.hown .m-the__accompanying. Tlan_ is- -not= a sub- division for the fol7ow�ng==reasonsT~ r of i GT :l" c ; � 3. Title reference . North Essex--Deeds; Bo-ok-;-ZJZ2 --5 Page y� �n or Certificate of Title No. Registration Book Page Applicant ' s Sinature : Owne `s signature and- address -if not 'Q r. th ap J i cant,: Lim Applicant ' s Addred. Received by Town Clerk ; Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. anning Board has determined that . said pla The North Andover Pl 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 pla shows a subdivision , as defined by G . L . c. 412 s . 81-L, and must therefore be re-submitted to it for approval under the. Subdivision Control Law. Very_ truly yours , NORTH ANDO-Y-E-R P 11�Pii s By Date : FORII A APPLICATION FOR ENDORSEMENT OF PLAN " R BELIEVED NOT TO REQUIRE APPROVAL JAN 27 Id o dR 'BSI 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 : - i 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 th N rth dov(erfZoning By Law and -is on a public - way , 1 namely , ^, �n fre�Y or a private way, namely, being land bounded as follows :. d _ - � f0 cr GN E44 2 . -The division- of-_land shown . on. he -accompanying plan _is nota sub division for the -following ;reasons:- i IGT ivyiq ScArie�v�� +�i erence . north - Essex-Deeds Book 112 75_' Page = �a—s or �r t i e 'reff `• '�� 1 Certificate of Title No. Registration Book Page Applicant ' s Signature: own ' s signature and address if not th ap _A i cant,: Applicant ' s Addres J� _ h�Pf�h 5z� Received by ow t; ier� : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : 1. , The North Andover Planning Board has determined that said p approval under the Subdivision Control Lav does not require app and the appropriate endorsement has been made upon the samf 2 . The Norte ndover Planning Board has determined that said 1 an shows sub ivision , as d d by G .L . C. 4i., s • mus theref a be re- mi ted it for ap der th S division Con Law. _ Very truly yours , NORTH ANDOVER' ANNJ By Date : REQ^t1 NORTH, Ncp 'Lr Ge DANIEL � ., :�..' S" a�� 0� NOR T �f 2p" SEP 52ti ':,..::: TOWN OF NORTH ANDOVER MASSACHUSETTS G\eta BOARD OF APPEALS September 4 , 1986 Petition #5-87 Adele & Daniel McConaghy 59 Appleton Street Mr . Daniel Long , Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long : The Board of Appeals held a public hearing on August 12 , 1986 upon the application of Adele & Daniel McConaghy as the Party Aggrieved for review of a decision made by the Board of Appeals so as to. permit deletion of the condition that the existing dwelling on Lot l tie into the sewer line down Appleton St . from Dale St . per Notice of Decision dated December, 1983 . The following members were present and voting : Frank Serio , Jr. , Chairman , Alfred ' Frizelle , Vice=chairman , William Sullivan, Raymond Vivenzio and Anna O ' Connor . The hearing was advertised in the North Andover Citizen on, July 24 and July 31 , 1986 and all abutters were notified by regular mail Motion made to grant this petition by Mr. Raymond Vivenzio and second- ed'` by Anna O' Connor - Vote in favor , 2 and vote- against , 3 The petition was DENIED .• The majority of the Board -felt that this petition should have been applied for at an earlier date not 30 months after the original decision had- been made . The orig:i-nal Notice of Dectsion , dated December 22 , 1983 was granted with the condition both Lot 1 and Lot 2 tie into the sewer line down Appleton St , from Dale St . and this has not been done . ; The Board feels that there has been an un- reasonable delay on the applicant 's part .` Sincerely , BOARD Of APPEALS Frank SQ o , J £ airman /awt W Rt;CEfVED LcvG R Tf L p�� days i�� •11� HO e..,Lr+ ap ti uta 10VER '�e.•Baas Pny �1 0{ a ati SEP P 5iceas�� .N��r��o{ o� e 52 P 8s TOWN OF NORTH ANDOVER a r tre MASSACHUSETTS G\pw BOARD OF APPEALS NOTICE OF DECISION Adele & Daniel McConaghy . .59 Appleton St . Date . . . . . S.ept.ember`. 5 ,. -IMA N. Andover, MA O1845 petition Na. . . . . .5:-.87. . . . . . . . . . . Date of Hearing. . . petition of . . . . . A.delee . &. :Da.ni,s.1. .M`aConag:hy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . premises affected . . . . . 5.9 .A p p le.t on . $.t . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . Referring to the above petition for a l4XdaUiLMMM Nyh]iiiiibW U94 : :.. .., Party. .Aggr.i.ev.nd.,. :Jot . nevi:ew. .af. a. d.eci.si on . m.ade. .by. .th.e . Bnar.d . o.f. Appeals soastopermit .deletion. .of. .the. .co.nd .tio.n . that. .th.e .e.xis.tin.g. dwel.l.in.g . o.n Lot 1 t.i.e. -i.nto. . t.he .sewer: .l.in.e . d.own. .Ap.ple.ton. .St.. . .f.r.om .Da.le. .St:.. .pe.r. N.otj.ce of Decision dated December, 1983. After a public hearing given on the above date, the Board of Appeals voted to . B E N.Y. . . : the . P.a r ty . A g g r.i.a v.e d. . . . . . . . Ud#*irs #Xa1WV"IM 9411difil 41#MW w low A powixtox -fro-tion m.ade. .to. grrant. .by. .Ra.ymond. .Vim-en.zio. .and .se.con:ded .by. .Anna O' connor Vote In favor 2Against = 3 Petition DENIED tog Aix 144FJ ")q� Ak owl 1%biw6 w*e1(IR*9FJf gP1P9tM Signed Fra ri Jr Chairman Alfred rize.11e�', Yice-chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . William Sullivan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Raymond Vivtnzio Anna O 'Connor . . . . . . . . . . .. Board of Appeals u ,t �NQaTh�� 0:�A� "Cp'.rl An a �,`-_�,, � •F; A ,L„4 Y appeal shall be filed DAkwithin (20) days after the a ( 9ss ►, geeing date of filing of this Notice 'O in the Office of the Town BEC 2Z �� >� 1$a MASSACHUSETTS Clerk. BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . . .D e.ee 10 e r. .?2., . 1.9.8 3 Petition No.. .7 77. ' 8.3 . . . . . . . . . . . . Date of Hearing D e c e m b e r . 12 , 19 8 3 Petition of . . . . . . . . . . . . l)AN.I.EL. .AND .ADEL.E. .M,CCp.NAG.HY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . 5.9. A p p 1.e t o n. S t r e.e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . 7.0.n i.n g. .8 y. .L a w Se.ction .7 , . .P.ar.agr.aph. .7 ..1 . and. .Tab.1.e. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . r. e.l.i e.f . f.r.om. .th.e .mi.nimum. .ar.ea. .r.eq.ui r.eme.ats. .to. .al.l.ow. .th.e di.vis.i.on. .of. .one l.ot. into. . two . Aot.s , . .each . h.avi.ng. .l.ess. :t.han. .the . requ.i.red area . After a public hearing given on the above date, the Board of Appeals voted to . . Grant the v a r i a n c e bayx c �.�c�iclaii xl x e � x 14 i4�ltXtan�c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . f&)&o(ro=*=atinxof Aker ahov*wxwX based upon the following conditions: 1 . That the existing dwelling on Lot 1 and the proposed dwelling on Lot 2 tie into the sewer line down Appleton Street from Dale Street. Signed Frank. Se.rio., . J.r. . .,. .Ch.air:man. . . . . . . . . Ri.cha.r.d. .J . . Tre.pan.i.er., . E.s.q..,. . Cl.erk Wi 1.l i.am. A . . .Sul.1.i v.an. . . . . . . . . . . . . . . . Au.gus.ti ns . W... . N.i.ck.ers.an. . . . . . . . . . Walter F. . S.oul.e ,. .Ass.oci.ate. :'•lember Board of Appeals ORTM un,` r: :�•'^` ''°� Any appeal shall be filed R 4P within (20) days after the + . . 4 • date of filing of this Notice DEc 22 12 10 M w a�CH in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 22, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass . 01845 Re: Daniel and Adele McConaghy 59 Appleton Street Petition No. 77- ' 83 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, December 12, 1983 upon the application of Daniel and Adele McConaghy. The hearing was advertised in the North Andover Citizen on November 23 and December 1, 1983 and all abutters were notified by regular mail . The following members were present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; Augustine W. Nickerson; and Walter F. Soule, Associate Member. The petitioners seek a variance from the provisions of Section 7, Paragraph 7. 1 and Table 2 of the Zoning By Law so as to permit relief from the minimum area requirements to allow the division of one lot into two lots, each having less than the required area, on premises located at 59 Apple- ton Street. The petitioners testified through counsel that this request represents a re-petition before the Board of Appeals . At a public hearing held on May 9, 1983, the petitioners made a similar request to subdivide their property, which was denied by the Board of Appeals on June 6, 1983. Subsequently, at a public hearing held on October 3, 1983, the McConaghy' s re- quested and received the consent of the North Andover Planning Board to re-petition the Board of Appeals, pur- suant to M.G.L. Chapter 40-A, Section 16 and the North Andover Zoning By Law, Section 10, Paragraph 10.8. Daniel and Adele McConaghy 59 Appleton Street NO ' SER 9 Paget �on No . 77- ' 83 DEC Z2 i2 10 PM X83 Testimony on December 12 , 1983 revealed that since the applicants were not represented by counsel on May 9 . 1983 , their presentation may not have been adequate . Also , the McConaghy' s purchased two lots in 1969 with the intent of selling and/or building on Lot 2 . The rezoning of the property in 1972 by the town rendered lot 2 unbuildable , but the applicants have continued to be taxed for two lots . Said rezoning has caused a financial hardship to the petitioners . In addition , a sewer line has been constructed in front of the property . This sewer was not available in May and this signi - ficantly changes the circumstances regarding the applicants ' s property . With the sewer available the need for Large lots to accommodate septic systems no longer exists . Several neighbors spoke in favor of the petition and no objections were heard . Upon a motion made by Mr . Trepanier and seconded by Mr . Nickerson , the Board voted unanimously, to reconsider the matter on the grounds that there has been a material change ( ie . , the installation of sewer) . A motion was made by Mr. Sullivan and seconded by Mr . Trepanier to grant the variance with the condition that the existing dwelling on ', Lot 1 and the proposed dwelling on Lot 2 tie into the sewer line down Appleton. Street from Dale Street. The motion passed unanimously . In granting the variance , the Board finds that both Section 10 .4 and 10`. 8 of the Zoning By Law have been satisfied . In particular , the Board finds that owing to circumstances relating to the land, a literal enforcement of the provisions of the By Law would involve a hardship to the petitioners , since the property was purchased as two lots and has continued to be taxed as two lots by the town and that desirable relief may be granted without nullifying or sub- stantially derogating from the intent and purpose of the Zoning By Law . The Board also finds that the addition of the sewer line constitutes a material change in the conditions upon which the previous unfavorable action was based. Sincerely , BOARD OF APPEALS Frank Serio , Jr. , Chairman jw ( Plan to follow) Received by Town Clerk : - FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL June 3, 19 83 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 k�plefonoSrth Andover Zoning By Law and is on a public, way , namely , or a private way , namely , being land bounded as follows : Beginning at an iron pipe in the Southerly line of Appleton Street Westerly of the intersection of Appleton Street and Dale Street; thence along said, Souther y ine of Appleton Street, N- 56-7 - "E. , a distance of . 295 . 19 Feet to an Essex County Stone Boundl thence 513ong a rad.'�1S of 90 n0 feet tance of 43.49 feet to an Essex County Stone Bound ; thence still along Appleton Street in a r : thence turning and. ruonina_S . 590V W, - -16.4.7$ feet. _ benee S. 59 9 W. , AI S . 5 G 9 LV 149.62 feet to an iron pipe ; thence turn; na aAd�sunn ng 187 .14 feet to the point begun at . Total area 6 . , 800 square fet . 2 . The division of land shown on the accompanying plan i5 not a sub- division for the following reasons : Board of Appeals for dividing one lot into Received aroyal from the two buildable lots in an R-2 zoning district on a Public way 3. Title reference North Essex Deeds , Book 1123 Page 426 or Certificate of Title No . Registration Book Page Appli-cant ' s Signature - Owner ' s signature and address if not .� the applicant : Applicant ' s Address : 59 Appleton Street North Andover, MA 4)1845 83!,0:; d�,.01N �4-Z"'3 o to Q x;133314 The principal points upon which I base my application are as follows :_ (Must be stated 'in detail ). The lots wi31 be larger than .others in the. area. ,. Denial of ';t,he variance will result in substantial hardship financial and otherwise. Granting the variance .will not be' detrimental to the neighborhood - -° or nullify the intent or ourpnap of 'tha by law I agree -;to pay for advertising in newspaper and incidental expenses*, Petitioner 's Signature Sec. l 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 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 wners=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 I ' tax list, notwithstanding that the land of any such owner is located i in another city or town , the Planning Board of the city or town, and i the Planning Board of every abutting city or town. f: * Every application shall be submitted with an. application charge cost in the amount of $25 .00. I-n 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 . i - LIST OF PARTIES IN INTEREST Name Address Paul & Virginia E Dyer 41 Appleton t+ .Clementine Lambert & Barbara Mary- Smith- 58 Appleton Street Jean E . Stannard 97 Appleton Salvatore Doris Licciardello 113 Appleton Street Alfred E. '& Noreen M Feizelle 131 Appleton -Street . . William J. & Mary McDonald 106 Appleton Street Robert B. & Eleano,rM. lOD Apple on ;street _ _S _. Ridgely B., & Fannie - R -Underwood . , _ 153a ; le'. Street•,,. R. Ashton & Gwendolen ' Smith 158 Dale -Street Andrew J . & Mary R . Moynihan 141 Dale Street` ( Use ,additiorial sheets .if necessary) ceiyed by:_Town Clerk : r TOWN OF NORTH ANDOVER, MASSACHUSETTS F ; BOARD- OF APPEALS M6 .. Ko,a-Not ` �Tahi s application must be typewri tten APPLICAJfQJtFA q� KEP, FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 4 pllcant Daniel -& Adele McConaghy ~ Address 5.9 Appleton Street j Application ishereby`made ` (a) For 'a variance -from the requirements of 'Section `7 Paragraph � • 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 3uilding Inspector or other authority. ( a) Premises affected are 1. land z and building(s-) x numbered 59 Appleton Street Street . (b) Premises affected are property with frontage on the North ( ) South ( ) . East ( ) West -( j side of -Street , and known.. as No. Street. (c) Premises affected are in Wino District R-2 ,. and -the pr-emi ses affected have an area of ' square feet and frontage o_f 295 square feet. Ownership, (a)' Name and -address of' owner (if joint ownership , give- all names] Daniel, & Adele McConacahv - William •Broughton Date . of purchase :.Previou•s Owner. (b) If applicant is not owner, check his interest An the premises : - --Prospective Purchaser Lesee Uther (explain) Size of proposed building : front ; feet deep ; Height : . stories ; feet. ( PP a Approximate date of erection : (b; Occupancy or use of each floor : (c ) Type of construction: Size of: xisting- building : 70 feet front ; 24 feet deep ; Height : stories ; . 1Z— feet. _ (a) Approximate date of erection 1956 _ (b) Occupancy or use of each floor: Residentia1 (c) Type of construction : Wood ',. Has there been' a previous appeal , under zoning , on these premises ? No If so , when? Description of relief sought. on this petition Wish to divide; our land into two lots haVi'ng les Deed recorded 'in . the Registry "of Deeds -in Book 1123 :__- PaOer 426 or Land::Comr•t Certificate No. - Book Page ved by Town Clerk : w � 1 9 ate; TO gR71i ANDOVER, MASSACHUSETTS r .;*• N � t .�<�� fOARD OF APPEALS ;+a^•...�.,� ime : CHO t.�E NoWNThis application must be typewritten fou�� II Qgg +p� APPLICATION FOR RELIEF FR 'fi'fiE REQUIREMENTS OF THE ZONING ORDINANCE pplicant Daniel and Adele McCona¢hv Address59 Appleton St . , North Andover Application is hereby made (a) For a variance from the requirements of Section 7 Paragraph 7. 1 and Table 2 of the Zoning By-taws . (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 59 'Ao121eton Street Street . (b) Premises affected are property with frontage on the North ( ) South, ( X) East ( ) West (X ) side of-Appleton Street S'treety and known as No . 59 Appleton StreetStreet. (c) Premises affected are in Zoning District R�-2 and the premises affected... have an area of 619800 square feet and frontage of 295 square feet . • Ownership 1aY ' Name and address of- owner (if joint ownership , give all names ) Daniel and Adele McConaghy Date ofpurchase January 19 1969Previous• Owrier.' Wiliam Broughton (b) If applicant is not owner , check his interest inr the premises ; Prospective Purchaser Lesee Other ( explain) • Size. af proposedbuilding ; front ; feet deep ; Height : stories ; - feet. ja� Approximate date of erection : b Occupancy or use of each floor : -(c) Type of construction ; s, Size of existing building : 70 feet front ; 24 feet deep ; Height : x stories; 18 feet . (a) Approximate date of erection : 1956 (b Occupancy r : res- ancy or use of each flooidential (c) Type of construction . wood frame Has there been a previous appeal , under zoning , on these premises? Yes Lf so ,_ when? April 9 1983 {. Desc.ription of relief sought o;n. this petition The petitioners seek permission to alter the existing lot line dividing- the two narealc so as .to create a - buildable lot having less than the required area in an u_9 district Deed recorded in - the Registry of Deeds in Book 1123 Page 426 or Land ,Court Certificate N.9:. Book Page 1- , The principal points upon which I base my application are as follows : (Must be stated in detail ) (See attached sheet ) I agree pay for dvertising in newspaper and incidental expenses petitioner ' s Si nature Marden, Attorney for petitioners eginal Ls p,C. , 23 Central Street , Law Offices of- Re inald L. Marden, Andover , Ma. 01810 Sec. 1 APPLICATIO14 FO M 470-0477 Every application for action by the shall beall furnishedebyntheform clerk approved by the Board. These form application upon request . Any communication purporting to be tion to seek . shall be treated as mere notice of1C1dlnapplication kform1efAll tin- such, time as it is made on to mf shall be furnished by the applicant formation called for by in the manner therein prescribed. Every PP etitioner, abutters , owners. application shall be submitted with a list of "Parties in Interest' which list shall includethe Private street or wayo property of land directly opposite on any p ear on the most recent applicable and abutters to the abutters within three hundred feet of the p P line of the petitioner as they app such owner is located tax list , notwithstanding that the land of any or town, and in another city or town, the Planning Board orof pWne city the Planning Board of every abutting city cost application charge * Every app the petitioner shall be respon lication shall be submitted with an aPp the petition before in the amount of $25 . 00 . In addition , sible for any and all costs involved in bringing ublication$ but the Board. Such costs shall include mailing and p are not necessarily limited to these . LIST OF PARTIES IN INTEREST Adder ss N_me 41 Appleton Street ' Paul & Virginia E. Dyer S8 Appleton Street Clementine Lambert &Barbara Mary Smith 97 Appleton Street Jean E. Stannard 113 Appleton Street Salvatore & Doris Licciardello 131 Appleton Street Alfred E. & Noreen M. Frizelle 106 Appleton Street William J . & Mary McDonald 100 Appleton Street Robert B & Eleanor M. Hay 153 Dale Street Ridgely B. & Fannie R. Underwood 158 Dale Street R. Ashton & Gwendolen Smith 141 Dale Street Andrew J . & Mary R. Moynihan ( Use additional sheets if necessary) f � r 1 ATTACHMENT The principal points upon which I base my application are as follows: The Petitioners own two adjoining parcels of land located at 59 Appleton Street, being described on The Town of Andover As sesors Map at Map 0378 , Blocks 0033 and 0034, respectively. The Petitioners ' home is located on the parcel designated as Block 0034, and Block 0033 is vacant , with the exception of an encroach- ment of approximately 5-10 feet of a driveway and septic system. i The Petitioners are seeking a variance from this Board to allow them to slightly alter the present lot line where the parcels abut, in order to turn what is now a vacant , unuseable lot , into a buildable lot. A variance is required, as a separation of the two i lots would leave both lots having less than the required square footage in an R-2 District . The Petitioners believe that a literal enforcement of the By-Law as to the parcels in question would unquestionably result ii in substantial financial hardship to them. As was stated above, the parcels are treated separately by the assessors office, re- G sulting in tax bills on each parcel . Due to the recent revalua- tion of property due to Proposition 2�, the tax bill for the vacant parcel has gone up dramatically. Although the parcel is presently vacant and unbuildable, the assessed value of the LAW OFFICES OF parcel exceeds $25 ,000.00. The Petitioners are faced with a EGINALD L MARDEN. P.C. 23 CENTRAL STREET I' ANDOVER, MASS. OISIO TELA al»aso.osn serious financial hardship because of the taxes due and payable on the unbuildable lot. A variance would allow the Petitioners ' to sell the parcel, thereby alleviating the financial hardship on them. Without a.variance, the Petitioners will in all likli hood have to sell their home as they simply cannot meet the ad- ditional financial burden. The Petitioners believe that the variance could be granted without substantial detrimen to the public and without nullify- ing or substantially derogating from the intent or purpose of the By-Law. First , the proposed lots would contain 28,400 square feet and 33 ,400 square feet respectively. Both lots would contain adequate frontage and setbac s to satisfy the By-Law. It is im- portant to note that the parcel in question is abutted on the east and south-east by land oned R-3 , which has a lot area re- quirement of 25,000 square f et . Second, the lot areas of many of the properties in the Petitioners ' neighborhood contain less than 25,000 square feet . Finally, the Petitioners ' property abuts an electric company easement to the east and south. Be- cause of these factors , the Petitioners believe that the Variance i could be granted without derogating from or nullifying the intent of the By-Law. The Petioners , therefor , respectfully request that this Board grant a variance in this instance. The financial hardship facing the Petitioners is gr ve and immediate. Without this LAW OFFICES of variance they will in .all li lihood be forced to sell the home IEGINALD L MARDEN.P.C. - W CENTRAL OTREET ANDOVER.MAGE.OVOID I TOW 5017)470.0477 in which they have lived foi almost fifteen years. Moreover, the relief sought would in no way disrupt the - surrounding neigh- borhood, and would most lik ly result in more tax dollars being paid to the Town of North A doves. In conclusion, the relief sought is both proper and reasonable, and would benefit both the Petitioners and the Town of North Andover. LAW OFFICES OF REGINALD L MARDEN.P.C. E!CENTRAL STREET ANDOVER..MASS. 01030: -3- TEL, (017) 470 t7 COMMONWEALTH OF MASSACHUSETTS PETITION OF DANIEL AND ADELE MCCONAGHY PURSUANT TO M.G.L. CHAPTER 40A SECTION 1b AND SECTION 10.8 OF THE ZONING BY-LAW OF THE TOWN OF NORTH ANDOVER Now come the petition rs, Daniel and Adele McConaghy, 59 Appleton Street, North An over, Mass. , and request that this Board allow a rehearing on tie within Variance Petition (attached hereto) pursuant t3 M.G.L. Chapter 40 Section lb, and Section 10.8 of the Zoni g By-Law. The petitioners state that, pursuant to the statute and By-Law, the Planning Board of the town of North Andover has unanimously consented to the re-submission of the Variance Petition. (Copy of petition and decision attached as Exhibit "A" Wherefore, the petiti vers request that the Zoning Board of Appeals allow a rehearing on the attached Petition for a Variance . Daniel McConaghy and Adele McConaghy their attor' Reginald L. Marden Law Offices of Reginald L. Marden, P.C. 23 Central Street Andover, MA. 01810 Telephone: 470-0477 LAW OFFICES OF REGINAL)L MARDEN. P.C. 'ES CENTRAL STREET ANDOVER,MASS.0I810 TEL: (017)470-0477 Exhibit A PHIIIH �O�t10 TOWN OF NORTH ANDOVER MASSACHUSETTS 183 ) NOw)M O h A • October 5 , 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass . - 01845 Re : Daniel and Adele McConaghy 59 Appleton Street Dear Mr. Long: The Planning Board held a public hearing on Monday evening, October 3 , 1983 on the petition of Daniel and Adele MCConaghy . The hearing was advertised in the North Andover Citizen on September 15 and 22 , 1983 and all abutters were notified by regular mail . The following members were present and voting : I Michael P. Roberts , Vice Chairman ; John A . James , Jr. , Esq . , Clerk ; John J . Burke ; and Erich W. Nitzsche. The petitioners are requesting the consent of the Planning Board to resubmit a petition for a variance to the North Andover- Zoning Board of Appeals , pursuant to M .G .L . Chapter 40-A, Section 16 and the. North Andover Zoning By Law , Section 109 Paragraph 10. 8. The petitioners testified through counsel that they were denied a variance to subdivide their property into two lots on June 6 , 1983, being Petition No . 30- ' 83 . The property is located in the R-2 zoning district at 59 Appleton Street . Without the consent ' of the Planning Board , they would be forced to wait two years before resubmitting their request. Upon a motion made by Mr. Burke and seconded by Mr. James , the Board voted unanimously to grant permission to the .petitioners ' to re-apply for a variance to the Board of Appeals for property located at 59 Appleton Street . Si ncererl�r , Michael P. Roberts , jw Vice Chairman North Andover Planning Board Petition of Daniel and Adele; McConaghy Pursuant to M, G.L. Chapter 40A Section 16 Theetitioner p s herein Daniel and Adele McCona h 8 59 Appleton Street tflrth Andover, Massachusetts, respecu ly.. request : pursuant to M. G.L. Chapter 40A Section 16, the consent of The Planning Board to resubmit a petition for a variance to The North Andover Zoning Board of Appeals. 1. Prior Proceeding The initial application for a Variance filed with the Board of Appeals sought relief from the provisions of Section T, Paragraph 7. 1 and table 2 of the North Andover Zoning By-Law, to wit : a division of land one lot to two lots, having less than the required area. (See Exhibit A attached hereto" , Application for Relief from the Requirements of the Zoning Ordinance" , dated The initial application for a Variance (Exhibit A) submitted by the petitioners was denied by The Board of Appeals in a written decision dated June 8, 1983. (Exhibit B attached hereto, " Notice of Decision" ) In denying the petition, The Board of Appeals found "that the evidence presented by the petitioner failed to show a hardship as required by Section 10. 4 of the Zoning By-Law. " 1I. Grounds for Re-Submission Pursuant to M. G.L. Chapter 40A Section 16. t The petitioners believe that there are sufficient grounds to warrant a re-submission of their request for a Variance within two (2) years of the denial of their original petition. As grounds, the petitioners state that they were not represented by legal counsel in either the preparation of the original application, or at the hearing on the Variance before The Board of Appeals. Without the benefit of legal assistance, the petitioners were unaware of the specific statutory requirements necessary for the granting a variance, and therefore or e were not able toresent evidence ce on the necessary requirements at the hearing before The Board of Appeals. The petitioners believe that they can, in fact, meet the statutory_ requirements of M. G.L. Chapter 40A Section 10 for the8 rantin8 of a variance and request that this Board allow them to LAW OFFICES of re-appear before the Zoning Board of Appeals to present their E6fNALD L MARDEN.P.C. new petition. (See Revised Application attached as Exhibit. C) . I IAS G6NTRAL$TRE[T - I ncviR.1u66.o1410 The petitioners also believe that they would be severely prejudiced by having to wait two (2) years before filing a new 7[L /6171 470.0477 variance petition. As was stated above, the petitioners had adequate grounds for a variance at the first hearing, but were unfamiliar with the law and proceduie' involved, and therefore failed to ,demonstrate those grounds. ' Further, no prejudice will come to any other interested parties in this matter if a new hearing is allowed, ,as The Zoning Board acknowledged in its decision that neighbors of the petitioners supported the vartance st re ue q > and no Opposition was voiced at the first hearing. Allowing the petitioners to again appear before The Board of Appeals on this issue would be in the interest of fairness and justice, and would have no adverse affect on any of the parties involved. III. Request for the Consent of The Planning Board 1 Pursuant to M. G.Z. Chapter 40A Section 16, all but one of the members of this Board must consent to the petitioners request to re-appear before The Board of Appeals. By consenting to the within petition, this Board will be doing no more that allowing the petitioners to re-appear before The Board of Appeals, and in no way would this consent usurp any power or authority of The Baord of Appeals. The petitioner therefore, respectfully request that this Board consent to the within petition, and allow them to proceed again with the application for Variance before The Board of Appeals. Respectfully submitted, Daniel and Adele McConaghy by their attorney - t Reginald L. Marden Law Offices of Reginald L. Marden, P .C. F 23 Central Street € Andover, MA. 01810 Telephone : 470-0477 LAW OFFICES OF GINALD L MARDEN.P.C. fi CENTRAL STREET . COVER.MARS. O10f* ITRL• (817)/70 77 �6RB�IDG BDADD RCCt#' tG TOWN OF NORTH ANDOVER MASSACHUSETTS f NORTI, Oct Ii � �I 'B3 c,.'.. � A A i y October 5 , 1983 Mr . Daniel Long , Town Clerk Town Office Building North Andover, Mass . 01845 Re : Daniel and Adele McConaghy 59 Appleton Street Dear Mr, Long The 'Planning Board held a public hearing .on Monday evening, October 3 1983 on the petition of Daniel and Adele McConaghy . The ihearing was advertised in the North Andover Citizen on September 15 and 22 , 1983 and all abutters were notified by regular mail . The following members ;were present and voting : Michael P . Roberts , Vice Chairman ; John A . James, Jr. , Esq . , Clerk ; John J . Burke; and Erich W. Nitzsche . The petitioners are requesting the consent of the Planning Board to resubmit a petition for a variance to the North Andover Zoning Board of Appeals , pursuant to M .G.L . Chapter 40-A', Section 16 and the North Andover Zoning By Law , Section 10, Paragraph 10 . 8. The petitioners testified through counsel that they were denied a variance to subdivide their property into two lots on June 6 , 19183, being Petition No . 30- ' 83 . The property is located in the R-2 zoning district at 59 Appleton Street . Without the consent of the Planning Board , they would be forced to wait two years before resubmitting their request . Upon a motion made by Mr . Burke and seconded by Mr . James , the Board voted unanimously to grant permission to the petitioners to re-apply for a variance to the Board of Appeals for property located at 59 Appleton Street . Since rel , Michael P . Roberts , Vice Chairman Jw Any appeal shall be filed R E C�'� �D ��.°4 ,ti within (20) days after the DAHI L NG ,3;' date of filing of this Notice 140E-r ! '- VER t~�. i��$ �:� in the Office of the Town s'• �iciiu�� JUN 15 it 29 Am 083 Clerk, TOWN OF NORTH ANDOVER MASSACHUSETTS 'BOARD OF APPEALS NOTICE OF DECISION June 8 , 1983 Date . . . . . . . . . . . . . . . . . . . . . . Petition No.. 30-.'.8 3. . . . . . . . . . . Date of Hearing. M Y. .9.,. .l 98 3 petition of . DANIEL AND ADELE McCONAGHY Premises affected . . 5.9. Appleton Street. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Relerring to the above petition for a variation from the requirements of the . . Zoni nq, BX. . . Law, . Rection . 7.,. .Paragraph. 7..1 and Table 2 soas to permit . .the .di_vision .of . land .from. one. .lot. to. two, lot.q . .having less than the required area. After a public hearing given on the above date, the Board of Appeals voted to . .DENY. . . . : the pe.tk t?Qxi . . . . . . . . . . . . . . . . . . . . . . . . .�eo��}re c atlrac aftdisg:�K 7[ RM01MV . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . i�r�w:r�bruotioa�t�wc�[)saca �bai�ac � � Signed Frank .Serio, _ 9h ! ichard. .J.. Trepanier, Esq._, . Clerk ivan. . . . . . . . . . . . . : . . Augustine. W, NiekprAc?R . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . Board of Appeals Any appeal shall be filed N°NTM within (20) days after the date of filing of this Notice ° t in the Office of. the Town 3VER Clerk. ,JON TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 8 , 1983 Mr. Daniel Long, Town Clerk Petition No. 30-183 Town Office Building Daniel and Adele McConaghy North Andover, Mass. 01845 59 Appleton Street Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, May 9 , 1983 upon the application of Daniel and Adele McConaghy. The hearing was advertised in the Lawrence Eagle Tribune on April 23 and 30 , 1983 and all abbuters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and Augustine W. Nickerson. The Board rendered their decision at a Special Meeting held on Monday evening, June 6 , 1983 with the following members present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and Augustine W. Nickerson. The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 1 and Table 2 of the zoning By Law to permit the di- vision of land from one lot into two lots , having less than the required area, on premises located at 59 Appleton Street. The petitioner testified that he purchased the property in 1968.. He proposes to create a new lot, shown as Lot 2 on the plan, of 28,400 square feet in area. The lot on which his dwelling is located, shown as Lot 1 on the plan, would consist of 33,400 square feet. Both lots would contain adequate frontage on Appleton Street and the setback requirements would be met for both lots. There are two deeds on record and the petitioner receives separate tax bills for the property. He further testified that there are several lots in the neighborhood containing 20 ,000 square feet or less. The recent 100% re-valuation of property has increased his taxes so that he can no longer afford to keep the land open. Daniel and Adele McConaghy DAbELIIONG Petition No. 30-183 TOS! 4 �LRK June 8, 1983 NORTH, ROVER Page 2 JUN 15 1129 AM '83 Several neighbors presented a letter supporting the petition and no opposition was voiced. A motion was made by Mr. Nickerson and seconded by Mr. -Trepanier. to grant the variance as requested. The motion failed, with member Nickerson voting in favor and mem- bers Serio, Trepanier, and Sullivan voting in opposition. Therefore, the petition is denied, pursuant to M.G.L. , Chapter 40-A, and the Zoning By Law of the Town of North Andover, Section 10 , Paragraph 10 . 4 (2) . In denying the petition, the Board finds that Section 10.4 of the Zoning By Law has not been satisfied. Specifically, the Board finds that the evidence presented by the petitioner failed to show a hardship as required by Section 10.4 of the Zoning By Law. Sincerely, ARD OF APPEALS Cz Frank Serio, . , Chairman FS/jw Received by Town Clerks DOM LIPO ��1�►`C} �� N0�?�; Al,G4VEH { .JUL $ Z 54 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant.Adele & Daniel McConaghy Address 59 Appleton Street 1. Application is hereby made: r�r a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws b) For a Special Permit under Section Paragraph of the Zoning By Laws . <.F 0c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. Board of Appeals. 2. a) Premises affected are landx and building(s ) numbered 52 Appleton Street Street . b) Premises affected are property with frontage on the North ( } South ( ) East ( ) West ( ) side of Street, and known as No. Street. e) Premises affected are in Zoning District , and the premises affected have an area of square feet and frontage of feet . 5 3. Ownership a) Name and address of owner ( if joint ownership, give all names): ry Adele & Daniel McConahy ire ' Date of Purchase February 69 Previous Owner William Broughton b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) f1 ` feet deep; ' Size of proposed building: front; PHeight stories; feet. a) Approximate date of erection: - " n b) Occupancy or use of each floor: ' c) Type of construction: __ Wood • 5.' ' Size of existing buildings feet front; feet deep; <: Height stories; feet . S` Y a) Approximate date of erection: s� b) Occupancy or use of each floors Residential c ) Type of construction: l-0—A- 6. ' Has there been a previous appeal, under zoning, on these premises? Yes If so, when? December 1983 t The Petitioners respectfully request the deletion of the condition that the existing dwelling on Lot 1 tie into the sewer line down Appleton Street from Dale Street (please see Notice of Decision dated December 22 , 1983) DANIE! LONG 7: Description of relief sought on this petition end" g amendment which states that Lot #1 tie into the sewerjut 21 8 54 AM '86 8. Deed recorded in the Registry of Deeds in Book 7 Pa e 5� Y 17 8 g 1.,2 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail ) I Existing septic system functions groperlyt that the cost to tie into the ' sewer line is unreasonably expensive and the job i cu ; and thato o � r _so would not result in any improvement and;therefore , - this Condition is unnecessary. I agree to pay the filing fee, advertising in newspaper , and incidental expo ses* dn A t. } S. • n re "of Petitfo er s v ' Every application for action by the Board shall be made on a form by the Board. These forms 'shall be furnished by the Clerk upon request. Any communication purporting to be 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. t > Every application shall be submitted with a list of "Parties In Interest" y • which list shall include the petitioner, abutters, owners of land directly ' sa 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 % • -j, or town, the Planning Board of the city or town, and the Planning Board ' every abutting city or town. l 14 *Every application shall be submitted with an application charge cost 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 necessari ly'1 .j 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 ''t'x,=a t 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: *� ry Paul & Virginia E Dyer 41 Appleton Clementine Lambert & Barbara Mary Smith m 58 Appleton " dean E. Stannard 97 Appleton r . .Salvatore & Doris Liceiardello 113 Appleton t . Gam, Alfred E. & Noreen M Frizelle 131 Appleton William 3 & Mary McDonald 106 Appleton + Robert B. . & Eleanor M. Hay 100 Appleton Ridgely B. & Fannie R. Underwood 153 Dale Street R. Ashton & Gwendolen Smith 158 Dale Street Andrew J. & Mary R. Moynihan 141 Dale Street New England Power Company g •, x.. �aq (use additional sheets if necessary) . Y All Oversized Maps on file with the Town