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Home My WebLink AboutKAWASH, EDWARD i RECEIVED DANIEL LONG ;F• APRIL M •�v TOWN CLERK t9. lass ,i r NORTH ANDOVER,.. `►,�vCHU r�rrwv'r�4 JAN 12 , 09 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . January. 12 , 1982 Petition No.. . . . .1 . 7. . .' 8.2 . . . . . . . . Date of Hearing. . .J a n u a r y. :11.,. . 19 8 2 Petition of . . . . . . . . .E D W A,!?D. .D... .A N.D . N.I NA. .G... .K A W A S H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . .6 7.2. .M a.s s.. .Ave . Referring to the above petition for a variation from the requirements of the . . Z o n i n.g;B y. .L a w . Section 7 , Paragraph. 7,.3 . and, Tab.l.e. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . the. . contjnued, e.xis.tence_ .of, .a. .s.in.g1 e. .fani:ly. . d.We1.1.in.9 . . . . ha.vin.p . less, .tha.n. the. .re.qui.r.ed. ,si.de. .s.et:-ba,ck... . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .G R N T. . . . the variance passaitto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2__ the __4.`__a!_.. _i the &hay.. ..p1_ bamed „ 4W 4'.,ll....dag-�W Any appeal shall be flied within (20) days after the Signed date of filing of this Notice in the Office of the Town Frank. . . . Serio , . . . . Chairman . . . . . . . . . . . . . . . . . . . Clerk. Richard J . . T. .repapier., Clerk. . . . . . . . . . . . . . . . . . . . . . William J... . Su.l,livan Augustine. W .. .Nickerson . . . . . . . . Rayman.d . A... . Vi.venzio. ,. Esq... . . . . Board of Appeals NORTF Q �+r{ �a Ot tt.ae.a 7h0 R 14 Ca iryryYK�tt TO CLERK' aORTH ANDOVER im Q TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 12 1982 Edward and Nina Kawash 672 Mass , Avenue Petition No . 1 - ' 82 Daniel Long , Town Clerk Town Office Building North Andover , Mass . 01845 Dear Mr . Long : The Board of Appeals held a public hearing on Monday evening, January 11 , 1982 upon the application of Edward and Nina Kawash . The hearing was advertised in the North Andover Citizen on December 24 and January 7 , 1982 and all abutters were notifed by regular mail . The following members were present and voting: Frank Serio , Jr . , Chairman ; Richard J . Trepanier, Clerk ; William J. Sullivan ; Augustine W . Nickerson ; and Raymond A. Vivenzio . The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 3 and Table 2 of the Zoning By -Law to allow the con - tinued use of a single family dwelling with less than the required side set back on the premises located at 672 Mass . Ave . The petitioner testified that he constructed the home in 1954 and when a recent plot plan was required by his bank to secure a loan , it was discovered that a 9 " violation existed . Upon a motion made by Mr. Trepanier and seconded by Mr , Sullivan, the Board voted unanimously to grant the variance as requested. The Board finds that each of the provisions of Section 10 .4 of the Zoning By Law have been satisfied . In particular, the Board finds that due to the location of the structure on the premises for many years with a slight deviation from the existing requirements , con - stitutes a hardship within the definition of the Zoning By Law . Said vamiance , in the opinion of the Board , will not derogate from the intent and purpose of the Zoning By Law. Sincerely , JW Frank Serio , Jr . , Chairman � �NORTF/q� a;;�at0��•7T�'`��i ti S 7 • 1835 1 14 314 . s •� , ►y„Saeeu5s 1 * YYYf1 TOWN OF NORTH ANDOVER MASSACHUSETTS o 0 A. BOARD OF APPEALS °ea ao to v NOTICE OF DECISION Date . . May 22 ,. . .19. .81 . . . . . . . . . . . . Petition No.. . 1.2. ' . . 81. . . . . . . . . Date of Hearing. . M.ay. .11 , 119.8.1 Petitipnof . . . . _ Edward D, and. .Nina Kawash. . . . . I . . . . . . . . . . . . . . . Premises affected . . . l a.n d. .o n M a s s a c h u s.e t t s Avenue. . Referring to the above petition for a variation from the requirements of the . , Z o n i n.g B y- . . . . . . . Law,, .$ection. 7 , . Par... _ 7...1. and. .Table. .2. . sofas to permit the. con s.tructi,on. .of. .a. si n.gl e. ,family . dwel 1j n.g . ha.vi.n.g. less . . than. .the . requ.i.re.d . l ot. .ar. e.a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . D.E N Y. , . , . the . v.ari.an.c.e . . . . . . . . . . . .ps,ti,,,t„is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio , Jr, ,- -Chairman . Alf r.e.d . E... . F.r.i.ze.11 e., . Esq.-, . VA ce.-Chairman Wi .l.lia.m. J.. . S.ullAvan . . . I . . . . . . . . . . . Au.gus.tine. W... .Ni.cke.r.so.n . . . - . . . . . . Raymond A. .Vivenzi.o ,. Esq.. . . . . Board of Appeals NpRTM h 9 Ba4C144 . n ,14+� TOWN OF NORTH ANDOVER c MASSACHUSETTS a so SFO BOARD OF APPEALS zp 4U V May 22 , 198.1 Edward D . and Nina Kawash 672 Massachusetts Ave . Petition No . 12 - ' 81 Mr . Daniel Long , Town Clerk Town Office Building North Andover, Mass . 01845 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , May 11 , 1981 upon the application of Edward D . and Nina Kawash . The hearing was duly advertised in the North Andover Citizen on April 23 and 30 , 1981 and all abutters were notified by regular mail . The following Board members were present and voting : Frank Serio , Jr . , Chairman ; Alfred E . Frizelle , Esq - , Vice Chairman ; William J. Sullivan ; Augustine W . Nickerson ; and Raymond A . Vivenzio , Esq. 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 construction of a single family dwelling on the premises located on the North side of Massachusetts Avenue , which has less than the required area . The petitioner' s counsel , Carol Hajjor McGravey , introduced evidence showing that the lots were purchased separately by the petitioner prior to the enactment of the By-Law . Several abutters opposed the petition . Upon a motion duly made and seconded to grant the variance , the motion failed to carry pursuant to the By-Law , and , accordingly , the petition is denied . Petition No . 12 - 181 Edward and Nina Kawash May 22 , 1981 Page 2 The Board considered a similar petition several years ago , and at that time failed to grant the requested variance . The Board finds that the facts and conditions have not changed since its earlier denial so as to warrant the granting of the variance within the provisions of the By-Law. Sincerely , BOARD OF APPEALS Frank Serio, Jr . , Chairman AEF/jw *yhA444 Y i r �4 a :LQw . c.• o..a, . t(fr. AV1111 :�,,� tB.;rG ,•;hl: Y�TYTiY TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Aa s a fru:e t7 Town Office Building° North Andover, mia. Dear Mr. Lyons: A public hearing was held by the Board of Appeals on July 9, 1975 upon application of Fdward D. and Nina Kawash who requested a variation of Sections 6.1, 6.2 and 6.3 and Table 2 of the Zoning By—Law so as to permit the conveyance of Lot ,#1 as shown on the plan on which a single family house is to be built at the location known as 672 Massa— chusetts Ave. The following members were present and voting: Alfred E. Frizelle, Acting Chairman; William N. Sa.lemme; Louis DiFruscio; James D. Noble, Jr.; and Walter Jamitkowski, Asso. Member. The hearing was advertised in the Lawrence Eagle—Tribune on June 26 and July 3, 1975 and all abutters were duly notified by regular mail. This petition for a variance is sought to enable the petitioners to construct a single family dwelling on a lot smaller in size than is allowed in the R-3 District. To accomplish this end the petition requires several variances which include: lot area, rear setback and side setback and, furthermore, will require a variance as to area for an adjacent lot owned by the petitioners. In support of their petition, the petitioners cited several elements of hardship, for example — the only reason the dwelling could not be constructed is because the petitioners failed to convey the lot when the new by—law was enacted. Also pointed out was the fact that there are other small lots in the area and that this would not be inconsistent with the general development of the area. At a meeting held on August 11, 1975 the Board voted 3 to 2 to deny the petition. Messrs. Salemme, Jamitkowski and DiFruscio voted in favor and Messrs. Frizelle and Noble voted against. In denying the petition for a variance as mentioned above, it is pointed out that the creation of two smaller lots as requested would not be consistent with Section 9.5 of the By—Law since the granting of this petition would nullify and derogate I c Page -,2- r 8awash Decision from the intent and purpose of the By-Law. While it is true that the petitioners may have been able to use the lot if they had conveyed prior to the enactment of the My- Law, the fact is that they did not do so and this Board must look at the question in the light of the law as it presently exists. Furthermore, the petitioners failed to pass muster on each of the elements required by Section 9.5 to enable the Board to grant the requested varianoe. Very truly yours, BOARD OF APPEALS lf g Alfrea E. Frizelle, Vice-Chairman AEF:gb .1a NORTy [•. An11t7M p pf a',f�,•, 1855 � a A►pgCHUg� ; �OV-mv TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .g?lBu .? �. 99.7.5. . . . . . . . . . Petition No..7175. . . . . . . . . . . . . . . . . Date of Hearing.aW.Y. :9, .1975. . . . . Petition of . .Bdward..D..& Nina.Kawash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . .67?.MassaGhusett.sAve.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . North ...aver , . . .. $. By-Law . Sec. ,6,1�. 6.2, ,and. 6..3 .aod. Table.2. . . . . . . . . . . . . . . . so as to permit the .conveyartcse.of. Lot .#1.as. flown. oa. the .plaa An .whish a .single. . . . family .hone. is. .to.be. built. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .DIWT. . . . . . the Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Alfred B. Frizelle,. .Vice-Chairman William N. .Salemme . . . . . . . . . . . . . . . . . Louis DiPmsoio . . . . . . . . . . . . . . . . . . James D. Noble, Jr. Walter Jamitkowski, Asso. Member Board of Appeals 04 NORYA, _.`'-"`-„moi " > O� '� �•'• �Qe TOWN OF NORTH ANDOVER r MASSACHUSETTS •= «. $ -__BOARD :OVAPPEALS � �'a=u�� zl.`ii �.< TICE: This application�` PP fcrta must be typewritten. +� AP TION FOR .RELIEF FROM THt' REQUIRMENTS OF THE=ZONING ORDINANCE o . Applicant Edward i?, and Nina Kawash Address 672 Mates Ave*t X: Andever, 'YA 1'. . Application is hereby made , (a) For a variance from the requirements of Section ,Paragraph 1 of-- the Zoning By-Laws. and Table 2 (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 buildings_ numbered sax*ml Massachusetts Avenue ' (b):_ Premises affected are- property with frontage on the_ North x SAut°h East West side of Mass. Ave. Street, —and kr►own�as NO. —Ave. Street. - (c) Premises affected are in Zoning District B. ,and thepremises• affected have..an area. of11778 and frontage o-F.159.36 feet. 3. Ownership: (a) Name and address of, owner (if joint ownership,give all names) : Edward D. Kewash and-Nina Kswash Jas. A: Donovan, Pearl B. Playdon Date of purchase 1994 Previous ownerand Josephine S. =An , Trs, uncle will of James Bicknell (b) If applicant is not owner, check his interest in the premises: Prospective purchaser -- Lessee "'Other (explain) 4. . Size of pfoposed building: W front; 26' feet deep. Height: stories; -Feet. Sea Plan attadMd to Application (a) Approximate date of erection 1981 '(proposed) b Occupancy or use (of each floor : Residential - Sinelle family (c) 'I`ype o construction Wood frame 5. Size of Existing- Building. feet front; feet deep. µ Height stories �a� Approximate date of erection bOccupancy o use (o r f each floor : (c) ype of construction a 6.' Has there bee ' a plate nnc rtaappe 1, under aor�qn� on these premises: Yes If so, when r pr pplic�. on was more an two years'xgtn 7. D,escri tion of relief sought ,on this petition: Petitioners seek a variance rom the requirements of the Zoning Bylaws in order to permit them to build a single family ' dwelling on the lot adjac'-nt to their own dwelling for use as their son's residence. A varia�tj containing 11 97V square feet. 8. Deed recorded in the Registry of Deeds in Book 797 Page 149 or Land Court Certificate NO. . Book Page 9, _ The principal points upon which I base my alication are as follows : (must be stated in detail) The applicants purchased t�e.,lot which is the subject of this petition in-19549, as a- separate lot gd4acent to their home. At that time, they believed that it was a batldlble tos home on it for ons f h.i. children_ since that tam&- tM_ aonins laws have changed, and the new legislation• dictates that because the lot was held in common ownership with the adjacen o , +. must comp y w the new zoning ra remen s. s, a app can s are e of atown water and sewer &sst11gd to the frontage of this lot create an economic hardship for the appiic :: if they are not permitted to build on this lot. urt ermote,, the variance can gran w u subs gigsAnd the surrnundinr dweAlings, Failure to Irant the relt,f requested would resgit- in substantial hardship to the- appl agree to pay for a vertisin newspaper and incid'erntal -expenses. :- (;Petitioner';S -Si nature) o a jar Me vey, t ney or can s, err mac Sec. 1 A PLICATION Methuen, MA 01844 - _ - Tel. 681e,7767- Every application for action by the Board ' shall be made on a form approved by the Board. These forms _shall bd furnished' by the :- clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seak relief_;until such time as it is made on the official ' applicat_ion - form.. All-Jnformation : called for- by the form shall be furnished-by the applicant in the manner therein prescribed. - Every application shall be _submitted with a lift of Is arties in Interest`. which list shall include 'the petitioner,- tt_Y39--owners of land directly opposite 9n any public-''or_ rivate street 'or way and owners of land within three hundred.' feet of�tfhe''property line all as they appear on.•themost reA6ent `applicable' tax-•:-list;.,:notwithstanding that j the land .of any such,owner is located in another city or town) the planning board of'.the town and the planning boak_d, :of every abutting city or town, Every application shall be submitted faith an• 'appllcation fee sufficient to cover ,the ,cost of postage of notice to gall _parties in in- terest." LIST OF PARTIES_ IN. .INTEREST.-, ,•*s NAME ADDRESS •; Charles Lloyd Thomas 168 Osgood Street$-No.'-Awargr '11A Cotsele and Nancy Fersess 120 Osgood Street, No. Andover, MA_ Fmk-Y. 'and Nancy Siergiej '110 Osgood Stretet� Nd.?Aniowr., MA J. William and Barbara A. Jolly M-Osgood-Street. No. Andover, MA Joseph V. and Angela Tabacco 678 Mass, Ave,, No. Andover,,MA Fred Be and Dorothy C. Scott —684-Mass. Avenues No. Andover, Mk V Louis and Rose Sergi 615 M&as, Avenue, Noe. Andover, MA ` 1liehae1 F, and Julia A. Warchol 9 Bradstreet Roadg No. Andover, MA - - Frank Be and Theresa Re-Furnari .671 Mass. Avenue, No_. Andover, MA Worry R. and Marie G. Dow — --687 Mass, Ave.i Nol Andover# MA l Amelia- and Mildred Olenio --b95 Mass.-Ave.r' No. Andover,-MA H - oz 6 ADD ADDITIONAL SHEETS IF NECESSARY. . k} . Oversized Maps on file with the Town