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Home My WebLink AboutFINERAN, WILLIAM MFF 5777 77 Rd Form 81 P 2 (1963) -� 1 North Andovet--Planning Bid NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ,ON PLAN DESCRIBE:D BEI&y , Name Wand Address of Applicant: Date of Submission`,of 'P1-An: Nola Re" Town' Clerk, Town _of ,North Andover i Town Office Building North Andover, Massachusetts Dear Sir: J e, We forward to you herewith the original and one, copy ofthe plan described below, heretofore submitted to this Board under G.L.'o. 41, s. 81 ,P9 Which you may deliver, upon request, to the applicant above named. 1, EXACT TITLE OF PLAN, with date and name, of Surveyor: II0si 'Description of land "sufficient for identification": A , A p""I of load 00abdaing J#09W #q*'1%V *we o r-lowr bNobw a Title reference: North Essex Deeds, Book , page r Applicant• The action taken by''this Board upon said plan is indicated,-upon,the reverse hereof. i 1 , r (1)' The North Andover Planning Board has determined that said glass does not require approval under the subdivision control law, and the. appropriate ' - endorsement has been made upon the same. (2) The North Andove;delimed ng Hoard ined that said plan..shows a, 1 , subdivision, as G.L. c. 41, s. 81 , and, must therefore be re-submitted to proval under the sub vision control law. a > (3); The �Io Andover Planning oard determined to take no action upoxt' said plan. Very truly yours, .. NORTH ANDOVER PLANNING;BOARD " Date: / �_ /r y - '' l V - - `Form 81 P - 4 (1963) Nbrt Andover F ' � , l�innin�`B,oird NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNINCC BOARD OF PLAN DESC2IBED BELOW, ; ', \q BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION C614TROL LAW Name and Address of Applicant_ Date of ,Submission of Plan: M now $Wd Town Clerk, Town of North Andover - ; Town Office Building` North Andover, Massachusetts � Dear Sirs: _ Pursuant to the provisions : G.L. a. 41t ss. 81 P and $1 T, you aF0 hereby notified that the plate described below has this day,been�submitted,toithe North Andover Planning Bpard for a determination that approval of the; same is not required by the subdivision control law. EXACT TITLE CF PLAN, with date' and:name of Surveyor: , "Motes 9000 A. Des _MqM4PMWWWWr 4L'd4W*WM p . 97WO %4'&MW od ONVA009 ;* ,A 04M T, # 06 21 P40MV Title reference: North Essex Deedsy' Book I page ,, Attorne "for Applicant: Very truly yours, Applicant r i s I �f- Porkies 96.73" 0 o v r 1+ 12s:a' l! Qj I � 0 a 8 900 J'� AREA 3f/ q h ti 0 L q d a � p L mad 0 04i a/1ay9• 0 c.s. 1.' s J y ! 3 r No.A NDO -4iR, 5 S. oe-nsd by W144L&A A- F1AI&ARAN co / = 40' Nov / 6S Chgr/as E. kyr i i/ �q/neer Thi-3 Plan Co+nPiJec/ Records L. awrenceMasB. Form 81 P _ 4 (1963) North Andover Planning Board NOTICE TO TOWN 'CLERK' OFSUBMISSION TO PLANNING BOAAD,OF PLAN DESCRIBED BELOW, . BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW ` Name and Address of Applicant: Date of Submission of Flan: ` VSUIM ' Town Clerk, Town of North-Andover ; Town Office Building North Andover, Massachusetts \/ Dear Sir: Pursuant to the provisions of G.L. 0. 41, ss, /81 P and 81 T, you are hereby notified that the plan described below hasthis day been submitted to the `North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law, EXACT TITLE OF PLAN, with date and name of Surveyor: Description of land "sufficient for identification": tad SW taWtW 46 10.=LAON NO WOW 00 *W*rGMW 40 ��ri Ott !� ' �lpil► `� �!!'�► + � ' + (117W12.) Ofb#Ao bl w 1, ?:WA or am "Aah it'++'wwl mwAW17 61rm.�i;#k �� yof4rty atilto (17,oC rtwt¢byM094 � sell' eaRRE4? ;..T.`&- �;oo t °.k a b `[..�051) t tw 100cod *.t.�10 I�Wto tv ?�� t -f'' ., aA V "rrll�ffr ' 0.'sy 04 "nftt'rl7r. fifte 4vw— Pour ACA tvoov Title reference: North Essex Deeds, Book , page Attorney for Applicant: 4 t t imp , 's 116 s yrs +#M iw Very trul yours, 2 n, Form 81 P = 2 (1963) North Andover Planning Board NOTICE TO TOWN CLERK OF ACTION' OF PLANNING BOARD ON PLAN DESCRIBED BELOW Name and Address of Applicant: : Date of Submission of Plan: MUM Ae • IAak norm a Rus. Town Clerk, Town of North Andover Town Office Building North'Andover, Massachusetts Dear Sirs _. We forward to you herewith the original and new copy of the plan y described below, heretofore submitted to this Board under G,L, c. 41, s. 81.P, which you may deliver, upon request, to the applicant above named. EXACT TITLE OF PLAN, with date,and_name of surveyor: a' Description of land "sufficient for identification": by Wo 8trsetj ewstbeny Hero tkme 1A 4100W ass 00 (173.91) f"t, by 147A of a 199 of G" WAMMwd ml *gala aredtl W six me bs (19e56) fejt 1W add 1a M scotherlp, thirty tw sad MW acre me kwdrodt*32#51) #art W Seemd stsreetj varatorly, me five w d tw1vo sane 165.12) tfttt :tarot of I vis & ?Vrboar Co:, Md RW%herlr, seas hwdivd sigW facer and twit* eigt sae UmdrodUs (184,28) toot by Sehool uta. Title reference, North Essex Deeds,; Book , pageIN Attorney for Applicant: J,,gipU,* 3U SOW OWSAV sur"000 as The action taken by this Board upon said plan is indicated upon the reverse hereof. _ The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law3 and the appropri e endorsement s e n made upon the same 'e/W �r Y � vu 9 ey—, ;7, j, (2) North ,Ando r Plann' g Board s .det ined't t said plan shows a f sion4' define by G.L. c. 41y` 81 L�id mus14, refo be bmi�ted o it fo a rov under he subdi, on cl aw. < r ( Th N rth d er Pl ing d has d termind to t acti u n said plan. Very.'truly yours, NORTH ANDOVER PLANNING BOARD � •, - Dates 96 { l t r A. p� j � ' wog:io; ,ti r 3?.�pp��•� 4 •� � {ft AraILT7t ;,y: L8S5 sACHO w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .Felsruary.23,. 1Ag. . . . . . . . Petition No.. .2-t 66. . . . . . . . . . . . . . . Date of Hearing.rcbrunT.19'. 1968 Petition of . . . . wi l t i asi`'g•. .Fe Premises affected . . .129,. 131,and. 133,Main, Atraet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . . North Andover Zon3ng. By—Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. . the division of a presently existing lot.into. .twq,Iota, i'or.the. . . . purpose of conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . .GRANT . . . .the Variance. . . . . . . facaof;oncaaf 7�COC Signed Janes t. Dow.. Chairman . . . . . . . . Arthur.Dru.mw.nd, .$eoreta;y. . . . . Dania?..T,. O=Learq. . . . . . . . . . : . . . . ona]�1.J..Scsott . . . . . . . . . . . . . . . . . John Jw .ft$pjdx . . . . . . . . . . . . . . . . . Board of Appeals 1855. out l0 7" 6�°6 f"E1VE8 TOWN OF NORTH ANDOVER MASSACHUSETTS JTOW J. LYp o IN$ eo NV BOARD OF APPEALS February 23, 1968 William A. Finneran Petition No. 2-t68 JohnJ. Lyons, Town Clerk Town', Office Building North Andover, Mass. Dear Sir: Upon application of William A. Finneran to the North Andover Board of Appeals for a variance tinder Sections 6.41, 7.3 and 6.2 of the North Andover Zoning By-Laws so as to permit the division of a lot of land into two parcels, a public hearing was held on February 19, 1968 by the North Andover Board of Appeals. The hearing was held in the Town Hall facilities after having been advertised in the Lawrence Eagle-Tribune on the dates February 3 and 10, 1968 and with all abutters duly notified by certified mail. The members of the Board present and voting were: James A. Deyo, Chairman; Arthur Drummond, Sec- retary; Daniel T. O'Leary, Donald J. Scott and John J. Shields. The applicant was represented by J. Philip Arsenault, Esquire. Mr. Arsenault pleaded the case by stating that the lot of land in question had erected thereon three buildings of various dates of construction. It was de- sired to make two lots of land, one of which would have one building, a wooden structure, and the other lot would have the two brick buildings. Separation or dividing the lot would enable the present owner, the applicant, to dispose of the lot with the wooden building. Denial of this application would mean a hard- ship to the petitioner by forcing him to keep and maintain property he did not necessarily want. There were no objections voiced at the hearing. The petition was taken under advisement and during this period was reviewed by the Board. There appeared to be no reasons for not granting the petition and accordingly on a motion by Mr. OtLeary, seconded by Mr. Drummond, the petition was unanimously approved. V . . ' -2- February 23, 1968 William A. Finneran The principiab reasons for granting the variance are as Milows: 1. penial of the petition would cause hardship, financial or otherwise, to the petitioner. 2. Where were to be no physical changes to the properties or buildings in question. 3. Granting the variance would not deviate from the intent and purpose of the Zoning By-Laws. Very truly yours, BOARD OF APPEALS J s A. Deyo, Chairman JAD:ad 1 4 f) a � RECEIVED Cl M JOHN J. LYONS TOWN CLERK NORTH ANDOVER form.,81,P - 2 (19631 ` North,Andover.Planr4ng Boa'& NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ONPLANDESCRIBED BELOW Name and Address of Applicant* Date of Submission of Plan: NUUMA« "--o- I note Town Clerk, Town of North Andover Town Office Building North -Andover, Massachusetts 's Dear Sir: _ We forward to you herewith thee-original and one copy of the plan described below, ,heretoforre submitted to this Board under G,L. c. 41, s. 81 P, which you may deliver, upon request, to the applicant above named. , EXACT TITLE OF PLAN, with 'date and game of Surveyor: ; Description of land "sufficient for identification": A Ut at3"94aan" rte ft a►��t � � �¢��s ms`s � # i Title reference: North Essex Deeds, Book j,page , - Attorney for Applicant The action: taken by this Board upon said plan is indicated upon the reverse hereof. (1) The North Andover Planning Board has determined that said,plan does not reqa re a rova „ pp under the subdivision control law, and'the appropriate endorsement has been made upon the same. � (2) The forth Andover Planning Board has determined that said plan shows a� sub vision, s define G.L. c: . s. 81 L9 an t-theref a be � �- re=submit"t d to it for .all roval under he spbdsvisio contrai�,l w.� { (3) The No An ov E'lanni oard has det fined ,to t e no action upon ` /sai tan. ' Very truly yours* ` ` NORTH ANDOVER PLANNING BOARD BYY"C .-r e Date r , r i , r y , •� � Form 81 P - 4 (163) North Andover Planhing�Hoard NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD Cr PLAN DRSCRIBEDcBMOW, r BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Appli;ant Date ,of Submission of Plan:, -- Town-Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: Pursuant to the provisions of G L. ce 41, as. 81 P and 81 T, you are, hereby notified that the plan described below has this day been submitted to the North Andover Planning Board for a determination thatapproval of the same is not - required by the subdivision control ,law.� EXACTTITLE CF� PLAN, with dato and name of Surveyor: Description of land "sufficient for identification": Title reference: North Essex Deeds, Book ` page Attorney for Applicant: ^ Very truly-yours, Applicant �. ArsILm f Hu•• j✓�� RSG TOWN OF NORTH W H ANDOVER MASSACHUSETTS BOARD OF APPEALS 16 August, 1966 Town Clerk Town Hall North Andover, Massachusetts Ref.& 88 Heath Road No. Andover, Mass, Wm, A. Finneran, et ux Dear Sir: Upon application of William A. and Patricia A. Finneran, 88 Heath Road, North Andover, Massachusetts, applying for a variance from the requirements of the Zoning Ordinance of North Andover, Massa- chusetts, under Section 7, Paragraph 7.2, the Zoning Board of Appeals of North Andover heard subject application and petition on the evening of 8 August at 7:45 P.M.. The hearing was heard in the Town Hall facilities. Members present and voting were John J. Shields, Chairman, James Deyo, Secretary, Daniel T. O'Leary, Arthur Drummond, and Donald Scott. Representing the applicant was Attorney J. Albert Bradley. There were no objectors heard or registered. The petition of the applicant was advertised in the Lawrence Eagle Tribune under date of 25 July and 1 August, 1966. All abutters were duly notified of this hearing by certified mail. Persuant to the application, the consideration of a variance, it is predicated on an error of placing a foundation and single re- sidential dwelling on a lot inconsistent with the requirements of the Zoning By-Law; more specifically, the structure exists 2.98 feet, more or less, from the northeasterly lot line and 4.67 feet, more or less, from the southeasterly lot line; in addition, the erroneous placement of the front elevation of said foundation 24 feet, more or less, from the street line. The Zoning By-Law provides for a minimum of 30t set-back from the street lot line and 151 set-back from side-yard lot lines. DECISION Page II Finneran Attorney J. Albert Bradley pleaded the cause and developed his plea fundamentally on an ambiguity contained. in the deed from Sutton Hill Co. Inc to William A Finneran andP Patricia A. Finneran, It is duly recorded in Book 923, Page 318, in the North District Essex Registry of Deeds, Lawrence, Massachusetts, under date of 23 November, 1965. In said deed, of which this Board has been presented a certified copy, there is reference to a strip of land 151 in width along the southwesterly boundary of said pre- mises, making said strip of land subject to a drainage easement to the Town of North Andover. In locating the drainage, which is specifically for a storm drain pipe which may lay in said ease- ment, the contractor responsible for erecting the dwelling for the petitioner used a catch basin location as the assumed corner of the lot as a starting point to laying out the projected side yards, Time has proven that this assumption is the key to the erroneous failure to comply with the Zoning By-Law. Also presented to the Board by generalized statements and presentation of a plot plan showing the existing foundation wherein 24t set-back from the front street lot line exists in error, the- set-back was actually, in essence, taken to the center of the foundation which is 301, more or less. Following Attorney Bradleyts-presentation and pleading that a va- riance be granted, the Board heard from the Building Inspector of North Andover, Massachusetts. 17r. Charles Foster, Building Inspector and Enforcement Officer of the Zoning By-Laws for the Town of North Andover, testified that he was present at the time of staking out the subject foundation and that he joined in interpreting the deed and was of the opinion that every effort was made by the contractor to place the foun- dation on the lot in accordance with the By-Law requirements, that it was not until after the completion of the dwelling that he be- came aware that the placement of the foundation was, in fact., erroneous. Attorney James F. Waldron, representing Richard J. Carbone, owner of the lot abutting and easterly of the Finneran lot, stated that his client had no objections to the granting of a variance, that his client wanted to be presented as in favor of granting of the variance. Attorney Bradley pleaded that the circumstances of the misplace- ment of the foundation resulted from ambiguity contained in the phraseology of the written deed conveying the subject property to the petitioner; that the violations to the Zoning By-Law were committed in good faith, without intent to violate, and that rea- sonable effort was employed in making the placement determinations. Attorney Bradley further pleaded that the granting of a variance would not be in derogation to the intent and purpose of the By- Law or to the neighborhood. ` DECISION Page III Finneran He pleaded that the petitioner would suffer an extreme hard- ship, both financial and otherwise, in the event that the pe- tition was denied. The petition was taken under advisement. During the period of advtement, and with knowledge of the con- sideration of an additional petition for a variance on the abutting lot of Raymond J. Carbone, consideration was granted to the over-all effect of the placement of the subject property. Member Daniel O'Leary' made a motion to grant the petition. The motion was duly seconded by Member Arthur Drummond and the vote was unanimous to grant the variance in accordance with the en- gineering plans submitted and made part of this decision. The reasons for granting this petition are: a) That to deny the application would create a severe har d ship, both financial and otherwise., upon the present owner; b) That approving of said variance would not derogate from the intent and purpose of the existing Zoning By-Law; c) That the granting of said variance would not be detri- mental or adversely affect the neighborhood influences or derogate from the neighborhood values, d) That to a casual passer-by there would be no observable evidence of the placement of the improvements on the subject lot. Very truly' yours, oh ields hairman JJS:ea U& f* �NOFly�L q3.� �• �f Fr A1gILT1< iSQ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .Itagust 10t 1966 . . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. Auclot Alt .1906. . Petition of . . & Patricia A, Fi tmeran Premises affected . . .SS Heath.Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Norfih. Andover.Up.#g.BY--4w . . . . . . . . . . . . . . . . . . . . . . . . . feet so as to permit. . . .an.existing.dweUJmg.. .2.98/fram.thp. X08 lot.].i tis. cvrner,. 4..67.ft.. from SB corner lot lipeand 24 ft,. . .# the front.f.romI . th,e.street .Lisa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . . . . . . .the Variance for, the construction of the above work, based upon the following conditions:: Signed J . .Shields, Gixmaa. . . . . . . James,De�q�. S.4mmt xy . . . . . . . . . . . Daniel.T,. O�T,e . . . . . . . . . . . . . . . . $r U=.Drue wnd . . . . . . . . . . . . . . . . . . ,d $00ft . . . . . . . . . . . . . . . . . . Board of Appeals Oversized Maps on file with the Town