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Home My WebLink AboutLAPERRIERE, PAUL .01Mf Any appeal shall be filed e ; �f•,.. .,,q� @6€ E w � o°q� within (20} days after the DANT-FL ;_;_ :�: �,,,,L,,, ;A ► date of filing of this Notice > #; : • teas the Town ss CHU*.. ': in the Office of ►, 'V, 'q . Clerk. . � ��YYY V'�y� h1 # WN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . .O a.n u a.r y. .18-1- 19.85. , Petition No.. . . . ?.-, ' 8.5 . . . . . . . . . . Date of Hearing. J.a n u.a r y. . 14., . 1.9 8 5 Petition of . . . PAUL. .AIID 1-111.1 DA L.aPE.RRIERE. .?N.D . SALL.Y , LQ13j,N . . . . . . . . . . . . . . . . . . . Premises affected 47 .0.1. d. .F a rm . R,o ad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . .Z o.n i n.g . By . L.a w Sect io.n . 7., . Rara_gra,ph. .71. 3 -an.d , a. .Speci.a1 . .Per.mit. .un.der. .Sect i.an. .4 , . .Par.agraph 4 . 121 ( 17 ) soastopermit the. . co.nstructio.n . o.f . a.n . i.n . law. apa..r.tm.ent. .wh.i.ch. .wi.l.l . not. meet the. side .setba.c.k . .requ.i. re.men.t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .G ra.n t. . . . the v a r i a n.c e. a n.d .S.p.e c i a 1 P e r m i t. . and hereby authorize the Building Inspector to issue a permit to cons.tru.ctan inlaw. .apartment . . for the construction of the above work, based upon the following conditions: (see attached conditions ) Signed Frank .Ser.i.o ,. .Jr .. , . C.hai.rman . . . . . . Alfred. .E.. .Fri.ze.lle., . Es.q...,. . VJ,ce. .Chairman W i 11.i an . J... .S.0 111 v an . . . . . . . . . . . . Walter. F., So.uIe. . . . . . . . . . . . . . . . . '�1auri c . S . . F.oul.ds . . . . . Board of Appeals Y l 1 . The family suite is solely for occupancy by Sally Lubin, mother of Linda LaPerriere . �. The Special Permit shall expire at the time Sally Lubin ceases to occupy the family suite . 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. 4. The applicant , by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit , grants to the Building Inspector or is lawful designee the right to inspect the premises . Y • 4 REP�'wtt �o�TM Any appeal shall be filed DAK k. l 6 3?��'`��"� .M�O� within (20) days after the TOWN date of filing of this Notice NORTH }° : uYER in the Office o f the Town JAM 23 it is is '85 ;,SACOW t� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 18, 1985 Mr. Daniel Long, Town Clerk LaPerriere, Paul & Linda Town Office Building Lubin, Sally 120 Main Street 47 old Farm Road North Andover , Mass . 01845 Petition No. 2- ' 85 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening, January 14, 1985 upon the application of Paul and Linda LaPerriere and Sally Lubin. The hearing was advertised in the North Andover Citizen on December 20 and 27 , 1984 and the abutters were notified by regular mail . The following members were present and voting: Frank Serio, Jr . , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; William J. Sullivan ; and Associate Members Walter F. Soule and Maurice S. Foulds . The petitioners seek a Special Permit under Section 4, Paragraph 4. 121 ( 17) and a variance from Section 7, Paragraph 7. 3 of the Zoning By Law so as to permit the construction of a family suite which will not meet the side setback requirement of the Zoning By Law on premises located on the South side of old Farm Road known as 47 Old Farm Road. Mr . Paul LaPerriere testified that the family suite, or in-law apartment, is needed for his mother-in-law, Mrs . Sally Lubin, co-owner of the property. He further testified that the side setback variance of approximately four feet (4 ' ) is needed so that the suite Will conform aesthetically with the existing dwelling as well as other dwellings in the neighborhood. Upon a motion made by Mr . Frizelle and seconded by Mr . Foulds , the Board voted unanimously to grant the variance as requested on the side lot line for four feet , based upon the fact that the conditions of Section 1.0. 4 of the Zoning By Law have been satisfied. Specifi- cally, that the location of the structure on the property makes the variance necessary and that a hardship has been found in that the proposed addition cannot be constructed in any other location as it relates to the zoning district . LaPerriere, Paul and Linda Lubin, Sally 47 Old Farm Road Petition No. 2- ' 85 January 18, 1985 Page 2 Upon the same motion made by Mr . Frizelle and seconded by Mr . Fouds , the Board voted unanimously to grant a Special Permit for the family suite subject to the following conditions: 1 . The family suite is solely for occupancy by Sally Lubin, mother of Linda LaPerriere . 2. The Special Permit shall expire at the time Sally Lubin ceases to occupy the family suite . 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership, trust or corporation. 4. The applicant , by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or is lawful designee the right to inspect the premises . In granting the Special Permit, the Board finds that the conditions set forth in Section 10. 31 of the Zoning By Law have been satisfied. Specifically, the Board finds: a) That the specific site is an appropriate location for such a use and structure, being a single family neighborhood of similarly sized dwellings; b) That the use as developed will not adversely affect the neighborhood, since the addition will not change the exterior of the existing dwelling, but rather will enhance it; c) That there will be no nuisance or serious hazard to vehicles or pedestrians , since the addition of the in law apartment will add only one vehicle; d) That adequate and appropriate facilities in the form of town services will be provided for the proposed use . In conclusion, the Board finds that the proposed use of an in law apartment at 47 Old Farm Road is in harmony with the general purpose and intent of the Zoning By Law. Sincerely, BOARD OF �APPEALS' � \ Frank Serio, Jr . , Chairman ]w LOT Z / LOT 3 APPROVAL. OP NORTH ANDOVER ZONING BOARD OLD FARM ROAD <f74.45 TCD FRENCH ` FORM ROAD — S 81 - 35-10 E DATE 1Ck X47 NSE- PLAN OF LAND IN z >-a UM 0 wm � E R MA . z Ox cx C8�x D 0 NORTH ANDOV , � O O_O Z^ CON - � OJ � I PREPARED FOR II A m r 0) �� { mr) ➢ u N O PAUL z,& , LINDA LAPERRIERE � SALLY LUBIN Z 0 N O O0 ( - r-O- 1Z O SCALE = 1 = 40 04 JANUARY 85 � 0 zm no Z-no0 rn O PROF ER I Y LINES SHOWN ARE -FHE L1NES DIV1D11\1C� go O 6)D-( z O. O,Ou O AND Tti/A`r'� SHOWN TARE THOSE OFP�3AND THE I PU�C ORRPRIVA-T"E N O; rn 0 < STREETS OR WAYS ALREADY ESTABLISHED, AND THAT < OR FOR NEW WAYS ARE �HOWN EXISTINC-� OWNERSHIPS 10 IOT 3OWNER OF ABUTTING LT TINOS , BD Y ASSESSORS RECOR LS ; CA m 9 JAYSON REALTY TRUST - 701 SALEM ST NO- ANDOVER , NAREA = 45,000 S.F ± MASSACHUSETTS . Q SEE NORTH ESSEX R1=GISTRY OF DEEDS PIAN N� 8�ZG ZONING DISTRICT = RZ I CERTIFY TI--aAT THIS PLAN CONFORMS TO ALL. RULE'S AND REGULATIONS OF THE REGISTER OF DF-EDS, EXIJTINC3 AND PROPOSEDRAI5TOW BUILDING AREA '= LOT AREA CONSULTANTS 50 UTILITITY EASEMENT I�1 �' REG LAND SURVEYORS � ' `- 14 MASSASDIT BLVD . y- 150.00PL_AtSTOW , N. H . 03805 �- N 81� 35=10„ W — TEL. . N� ( 003) 38Z -7320 u LOT S3 LOT 5E LOT 51 �� ,ee(. 1