HomeMy WebLinkAboutFINOCCHIARO, RAY it f
i � NORTH
F A
41
TOWN OF NORTH ANDOVER
MASSACHUSETTS
10 -2' 13 14 r
BOARD OF APPEALS
eta o January 28, 1980
` Ray Finocchiaro
2
p1.0 q No. Main St.
Petition #1-180
Daniel Long, Town Clerk
Town Office Building
North Andover, Ila.
Dear Mr. Long:
!i public hearing was held by the Board of Appeals on January 14, 1980 upon application
of Ray Finocchiaro who requested a variation of Section 7.3 and Table 2 of the North
Andover Zoning By-Law for a variance from the sideline restriction on the premises
located .at the east side of No. Main St. and known as 37 No. Main St. and shown on
a plan dated ITov. 19, 1979•
The hearing was advertised in the Lawrence Eagle-Tribune on Dec. 29 and Jan. 5, 1979
and all abutters were duly notified by regular mail.
The following members were present and voting: Frank Serio, Jr., Chairman; R. Louis
DiFruscio, Clerk; James D. Noble, Jr. ; Richard J. Trepanier; and Walter F. Soule,
Assoc. Member.
The Board heard testimony by the petitioner in which he stated that he wished to tear
down an existing dwelling and replace it with a two-story addition to an existing
arage which exists on North Main Street. The proposed addition would be closer to
Riverview Street than the Zoning By-Law allows. However, the proposed structure
would be. set back further from the street than the building presently on the site
which is to be razed. The petitioner testified that this addition is essential for
him to continue the business operation at that site.
The North Andover Highway Surveyor, Mr. William Cyr, spoke on behalf of the petition
saying that the plan as presented would make it easier for vehicles to maneuver in the
intersection a2 visibility would be improved. He further stated that the petitioner
had offered to the Town an easement to take a turning radius on the corner which would
help both traffic and drainage.
Letters in favor were received from the Greater Lawrence Sanitary District and Louis
J. Kmiec, Jr. There was no opposition to the petition.
Finocahiaro Decision -2-
After analyzing the testimony and asking questions of the petitioner, Highway
Surveyor, and Building Inspector the Board found that:
1) a 'hardship did exist in that the owner requires this addition to adequately
continue his business operations;
2) this parcel, due to its configuration and being bounded by a railroad, brook,
and two streets, is unique unto itself and not typical .of the zoning district;
3) the proposed use of the area is in keeping with the intent of the By-Law by
virtue of it being a permitted usage in the district and, at the same time,
eliminates a non-conforming use, (i.e. residence in an industrial zone);
4.) there will not be any degradation of the area; in fact, there will be improve-
mqnt. Congestion will be eliminated due to the location of the building and
public safety will be improved by the considerable increase in visibility at
the intersection. The widening of the intersection with the easement as proposed
will improve the traffic flow in the area;
5) this petition as presented is in the public good, both to the immediate abutters
and the Town of North Andover in general.
A motion was made by DiF'ruscio and seconded by Trepanier that the Board grant to
the petitioner a variance for a sideline setback of 6 ft. on Riverview St. and that
an easement of 15 ft. be granted to the Town of North Andover for the purposes of
improving the traveled way and that the plans as presented be changed to reflect
and record this easement. In addition, the existing structure shall be razed before
any building permit can be issued. The vote was 5-0 to GRANT.
Very truly irours,
BOARD OF APPEALS
Frank Serio, Jr.,
Chairman
JDN:gb
A.
Noir;Nati
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►r,�`S9CN
9. t Y
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . .Jan. 28>. .1980. . . . . . . . . . . .
Petition No.. . -1.7'.80. . . . . . . . . . . . . .
Date of Hearing. . .J?s?r. ..9. -19$0- .
AY FINOCCHIARO
Petition of . . . . . . . . . .R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affectedSt.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North Andover Zoning, By-Law. Sec_.. 7.0.and. Table. 2. . . . . . . . . . . . . . . .
so as to permit . ' variance from sideline, restriction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . GST. . . . the
Variance . . . . and hereby authorize the Building Inspector to issue a
pelt to Ray Finocchiaro . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1) easement of up to 15 ft. radius be granted to the Town of North Andover at the
southeast corner of No. 14ain and Riverview Sts;
2) existing home be razed as indicated on the plans before any building permit
is issued;
?) easement shall be shown on the plandgnet�
r
Wicorded at the Registry of Deeds.
Frank Serio, Jr. , Chairman
R. Louis DiFruscio, Clerk
James D. Noble, Jr.
Richard J. Trepapier .
Walter. F. Soule, 1lssoc.. Member . .
Board of Appeals
�$ DS 10 9�
DAVID A. MILLS
G
RE .
ATTORNEY AT LAW 5\
58 SUMMER STREET
25 �
V kkk--- .
DANVERS MA85ACNUSETT5. 01929
JOHN 1. L roll
N (TOWN Y2K �'u
June 13, 1969 0� HANDDVER
n �
Mr. Rav Finnochia.ro
15 Furber avenue
1torth Andover, '1as�achusetts
RE: Decision of the Board of Appeals of th4#41Town
of North -Andover;
Variance granted to premises. at ,'! ast side_ _
of N. Plain St. at the corner of Riverview St."
Dear Pfr. Finnochiaro :
Please be advised that I represent Thomas F. Lacey of 37
North Main Street, North Andover, Massachusetts,'
Upon examination of the abovementioned Decision, together
with related documents, it appears that the decision was
not in conformity with the applicable provisions of the
zoning statute of the General Laws of the Commonwealthof
Massachusetts and the North Andover Zoning%By-Law.
Therefore, you are hereby notified to refrain from construct—
ing or erecting any building on the subject premises in
reliance upon that decision.
Very truly yours',
DAVID A. MILLS
DAM:cb
Cert. Mail/Ret.Rcpt.Req.
cc : Thomas F. Lacey
Charles 11. Foster, Jr. , Building Inspector
Zoning Board of Appeals
John J . Lyons , Town Clerk
Board of Selectmen
Charles T. , Louise B. , and Sam T. Matses, as they
are Trustess, Charles T. ' Matses Realty ,Trust
DAVID A. MILLS
ATTORNEY AT LAW
SS SUMMER STREET
DANVERS, MASSACHUSETTS 01888
March 22, 1969
Honorable John J. Lyons
Town Clerk
Town of North Andover
Town Hall
North Andover, Massachusetts
Dear John:
Many thanks for your courtesy during my visit on the high-
holiday (3/17, of course! ) Tian Toomey sends his thanks, and
complements for your well-produced and designed Annual Report.
John, at your convenience, could you inform me of the
exact policy of the Town of North Andover as to notification to
Outters of decisions of the Zoning Board of Appeals, which
decisions, I believe, are documents, public in nature, which
would be filed in your office.
Thank you for your kind attention.
Very truly yours,
David A. Mills. Attorney
for Thomas Lacey
37 No. Main St.
No.Andover, Mass.
DAM:cm
Copies: Thomas Lacey (1)
File (5)
March 25, 1969
David A. Mille$ Esquire
58 Summer Street
Danversy Mass. 01925
Dear Dare:
Thanks for your note of the 22ad, and as for any
kind of notification to abutters of decisions of 'Zoning
Board of Appeals, when s decision is given to me the local
newspaper reporter publishes it and all I do LO 'h1s 3t -as
a public record* On many occasions people have ooma► ,lt �to
the office and have asked to see many of these decisions*
Any further assistanoe this office can be at any
time, please donot he si tats to call.
sinaerelys
See-*
'L
�i A.ial7n
' laib5��•
N
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 5, 1969
Barth stain Street corner
of Riverview Street
Borth Andover, Bass.
John! J. Lyons, Town Clerk PAT Finoeebiaro
Town, Office Building
North Andover, Mass.
Dear Sir:
Upon application of aa' Finocchiaro to the North Andover Board of
Appeals for a variance 'ander Sections 6.51 and 7.5 of the Zoning By-Uxao so
as to permit the erection of a building to house tractors and trucks, a public
hearing was held on December 9, 1965 by the North Andover Board of Appeals.
The bearing was held in the Towle hall facilities after having been advertised
in the Lawrence Nagle—Tribune on the dates November 23 and 301, 1968 and with
all abutters duly notified by certified mail. The members of the Board present
and voting were:James A. Degos Chairman; Arthur Drummond,, Secretary; Daniel T.
O'Lsary, Donald J. Scott and J. Philip Arsenault, Esq.
The petitioner pleaded that the building was necessary to protect his
equipment from the weather. The proposed lot was essentially useless for alb
other type of activity being in an Industrially zoned area and much too small
for any reasonable industry.
There were objections to the proposal heard from two abutters. These
objections included reiteration of the asal.l size of the proposed lot and of the
insufficient setbacks of the proposed building.
On motion, the petition was tak&u under advisement. Dmlzg avbsequent
discussion the decision was deferred pending actual viewing of the site. After
this viewing, and at the meeting of January 13, 1969, on motion by qtr. OILeary,
seconded by Mr. Scott, and voted unanimously, the petition was granted. r
Y
Ray Finocoblaro -2� February S. 1969
The reasons for graxting this petition are follows:
1. The particular configuration and bounds of the lot male it unsuitable for
use as part of a larger lot.
2. The proposed use will not be out of keeping with land uses as eight be
expected in an Industrially soured area,
3. Granting the variance will not deviate from the intent and purpose of the
Zoning By-Laws*
4. This variance is granted with the condition that the building to be
erected must be brick faced at least on the front side.
Veru truly yvm,
BOAt1 F APPZU=
JA*s A. Deyo., Cbsirman
JAD%aid
North Andover, Mass.
Margb 5, 1969
A true copy: ATTESTS
JOHN J. LYONS.
TOWN CLERK.
%&OR
jt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date TIP 19."
Petition No.. . . . . . . . . . . .
Date of Hearing.P"!P09T .% .19!4
Petitionof . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . I . . . . I . . . . . . .
Premises affected livOrd0w.8.t.0. . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . yorth.Andover.;" BT-Lair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit tW erectia9a 4.&. 13o37diag to more two _tractors aunt. tva. . . . . . . . . . .
trucks and tools*
. . . . . . . . . . . . . I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . GROT. . . . . the
. . . . . . . . . . .Variant. . . . . . . . L . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . . . 4Y T#"qb.i.9x0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Si d
daces ChLiAma. . . . . . . . . . . . . .
Artbor P;)"pmA,. PeA"tis;T
Dudel.T... .01.110110.7 . . . . . . . . . . . . . . . . . .
DQM&U J* Scott
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ar"Zao Aj, Iwq*. . . . . . . . . . . . . . . .
Board of Appeals
t
9 1O 11 12 T p tiQ
1101:N OF NORTH ANDOVER -� ;
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EN - BOA?D OF 'Ai 1'FA1.S , ••: .. s`
NSiCMU51t
E!- " r0"TICE• '1'lii_s c;ppl:icati-on must be typewritten. .;
o 10 -
0
PPJJCAf1ON FOR RELIEF FROM THE- REQUIRMENTS OF 'rHE- ZONING
°to bz EZ L 2°y ORDINANCE
Appl i:cant RAYMOND FINOCCHIARO 11 RIVBRVIEW ST, N. ANDOVER MA,
-__ - --- Address ,
1'. Appl,i.caLion Is hereby !;0de
(a) 'For a varianc=e frcl,n i.he requirements of Sr--ctien_7Paragr�3phT.3 e 2
of the Zoning
(b) For a Special Pej.-reit under Section ,Paragraph of the Zoning
By-l,-lws .
(c) As a );,ri.y ;:gg; i_eved, for review of a decision made by the &iilding
Tns :t or or other 44uthority.
X are land x and buildings. X numbered 37 North
__----- _ _. - _Mein ftree$
(b) zire property with f rontage on Lhe North
S811t-h F.«St X ,1;est side of North Main
known as N0. - — _ Street, +nd
37 North Main Street. T__ ________
(c) Pf Ckrni ses affected are ill Zoning Districtlnd."S°anti 1-11e
affected have an <,iea of 24x320 and frontage of274.44 feet.
3. 0...neirship;
}dress of owner (if joint ownership, give all L_a,iles) :
. _ RAYMONI�_FINOCCHIARO
r 11.0 of ; ill Cl,. :seMarch 1,1974 P,. ( vioi_is o�rner Tom Lacey
(h)
If ; ., hl ic,;,it: i-s not o�:ner, c.heck his interest in tine h, enii_ses ;
;-.e of P�_opus:-d bui.l(ling: 50 foot front; 50 f-cet. deep.
d;1te ,;f erection April_, 1980
(b Occinp,l,.c,y or use (o£ e;:ich £loom: 1st floor- machine shop-
2nd floor - generaLl offices -- - — -_
(<<) 'T) >e of Cur!St-.,_17
,i(ti.on masonry
ti _,;t? of " _ ....
X '� , i.:-i ir, i>uticiin�;: 37 ;feet fronts - -- 30' _.£eet do c;1).
I': i „ht 2 storlps 25 , eet .
i ^.r t ,)f , i -cI i0)1 1856
fixe_ (,)f , rir.}I i:1(,,,,,) residence
(,=) fyL?,' (:i i 1)(A ion wood
;j]_ , i_2ildor zcl,i l.iin, 011 i.}1c S.L' pf (:_IiLt_.'i t'1 : No
� . i_ki ,; 7 X7,1 ,�� : r ,. ti, 7 1 �
t f i ,., ,it (m Tear down existing. house and
erect addition to new building. Variance from sideline restriction
- 1236 547
9. . The pri ilr.' !•:hich I base my application are as
he �A-; 1:1:,li in c';(-trail)
. ..The existing structure is in need of repair -an&-does--nat-conform to extsti-ng-zonfsgz
Proposed _building will increase southern distance on-both.North. Xai-n t�eet~ .and__
Riverview Street.
for . <,v, , t is - g in ncwsir, pr.r nd incidental expenses,
✓�J s
_
(Petitioner' s Si nature
Sec. 1 A 1GATION FORM
.y �ippl,i.cat io n or action by the Board ' shall be made on
a form , 1. <l by t he P,-- j.-d. 'i'hese fol ,ls shall be fill-11tshod by the
clerk 'It ;hest. Any I:u,,L ,u�iier,tir�,l 1)urport.i_ng to be an application
shall 1;e cd as ,r;c=,:e t,!>tice of i,itr.nti_oil to seek relief until such
tl+sl(? :'S Acle tin Llie official ;lpplic.<jt-iOn form. All information :
ca II d f i,he fo a shall be furnished by the applirrint in the marliier
i bed,
y zippli_r,,t:i.un shall be LoT., oitted -Jth a list of "Parties
in Tutt•, .:':i .ch 1 -st shall include the peti.Lioner. , abl.ii_ters, m-71)e-rs
Of lalld tly Opposite On any public or private street or uay and
It Ow,I •rs 0 d withi-n t=hi-ce l,undrrd felt of the property line al as
thl y n I,lle !:Lost ,'I c.l..nh_ 'lpplicr,l)le tax 1 ,st , notwithsir,ndi-ng th;aL
y :S1701 l.oc;it_tld 1.ii .-rjotber city Or tmArn, ti-.ie-
.1 of .t_.1;1? t. ,:`• 11 „d 11ie pL,,,iiirlg board of e4-eiy r:l offing I i.ty
r i ,
Sgi.t'h lin :�Ppl i r;-It:i nrj
CO td ;i -t.1 C$ 1 ,1 •7.l'a •
I...t X51 O IV%N1 .I.FS IN �lv tit,li l' .y y
N,, t; S
Raymond Finocchiaro 11 Riverview St. , W. Andover, MA.
Boston & Maine Railroad Iron Horse Park, Billerica, MA.
Charles Construction Co. .200 Sutton St. , N. Andover, MA,
Elaine S. Brasseur 31 Riverview St. , N. Andover, MA.
Greater Law.Sanitary Dist. Charles St. , N. Andover, MA.
Landers Electric Co. School St. , N. Andover, MA.
Mrs. Stella Frederick 30 North Main St. , N.Andover,MA.
Louis Kmiec Countryside Real Estate, Rte. 114, N. Andover, MA.
North Andover Tulsa 200 Sutton St., N.Andover,MA.
Center Realty Trust P.O. Box 111, N.Andover,MA.
Mrs. Antoinette Pappalardo 49 Riverview St., N. Andover, MA.
Ernest Summers 41 Riverview St., N. Andover, MA.
Mrs. Winifred Montanaro 37 Riverview St. , N. Andover, MA.
Mrs. Lillian Fredette 33 Riverview St., N. Andover, MA.
Oversized Maps on file with the Town