HomeMy WebLinkAboutKMTK REALTY TRUST Received by Town Clerk: RECFIV cD
DANIEL LONG
TOWNC4ERK
NORTH ANDOVER
re 14 9 59 a� Ess
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant K•M•T.K. REALTY TRUST, 8401dan P. Address 460 Stevend St., No4d Andovek
----Fo @e
1. Application is Hereby made:
a) For a variance from the requirements of Section 4 Paragraph 4.142
and Table of the Zoning By Laws . (14)
b)" Foj 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 affF14--%u Street .
e lland`_andbuil ing(s ) X -numbered
1
bi). Premises affected are property with frontage on the North ( )
South ( East ( ) West ( ) side of UnOn
Street , and known as No. Tr477T6- neon Street .
c) PaeOi.ses affected are inning District R"4 , and the premises
_aff�eQcrted have an area of io►9$8 square feet and frontage of
'feet .
3. Ownership
a) Name and address of owner (if joint ownership, give all names ) :
4A(.T.K. Reatty.TA"t, 8nendan P. Foeten. T&wtee
Date of Purchase Oct*' 1984 Previous owner Jobeplt A. O'Dowd
b) If applicant is not owner , check his/her interest in the premises:
Prospective Purchaser Lesee -other (explain)
4'4 Size di proposed building: front;----feet deep;
Height stories; feet .
a) Approximate date of erection:
MaAM1Ap&U, 1986
ReaUential
b) occupancy or use of each floor:_____`—__
c ) Type of construction: _Wood
5. Size of eicisting building:Y6___—feet front; 55 feet deep;
Height stories; feet .
a) Approximate date of erection: 1910entW
_--_,
b) occupancy or use of each floor: ReAtd __
c ) Type of construction: _ Wood —�_- -
6. Hallothere been a previous appeal , under zoning, on these premises?
If so, when?
a
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7 . Description of relief sought on this petition t8,�A( tp gpdetAbtd
tux o�extet: yetgjoddGVwctt n t t
8. heed recorded in the Registry of Deeds in Book 1464 Page 89
Land Court Certificate No.,—!Book_ —Page
The principal points upon which I base my application are as follows:
(must be stated in detail )
I agree to pay the filing fee, advertising in newspaper, and incidental
expert
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Sinature ti 10 eFks
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 information 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 land directly
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 a,s they appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city
or town, the Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*'Every application shall be submitted with an application charge cost in
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 necessarily
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
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
Rita ViUmn 122 Union Uteet
Ftounce U'EUA 180 Union Stir u t
Edward Morgan 65 Bevekty StUgt
Oeohge A. S Jutia M. Lydick 68 SeveAty Street
J.R. 8 Mdqueridte M. Vu4bwty 104/106 Union St.
H.P. 6 Anne E. Reitty 83/85 BevWy St.
M4kk VtWvo 89 SeveAty St.
Seba6VAM 8 CatWt.P.ina. ViSdtVo 91 Bevv ay St.
R
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(use additional sheets if necessary)
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PLAN OF LAND TO ACCOMPANY PETITION
Each application and petition to the Board shall be accompanied by
five ( 5) copies of the following described plan:
The size of the plan shall be 11 x 17, drawn to scale, 1 inch
equals 40 feet; it shall have a north point, names of streets ,
zoning districts , names and addresses of owners of properties
within a minimum of 200 feet of the subject .property, property
lines and location of buildings on surrounding properties . The
location of buildings or use of the property where a variance is
requested and distances from adjacent buildings and property lines
shall be verified in the field and shown on the plan . The
dimensions of the Lot and the percentage of the lot covered by the
principal and accessory buildings and the required parking spaces
shall be shown . Entrances , exits , driveways , etc. that are
pertinent to the granting of the variance shall -be shown. All
proposed data shall be shown in red. --Any topographical feature of the parcel of land relied upon for a
variance , such as ledge , rock peat , or natural condition of water,
brook, or river , shall be shown on the engineering plan.; when a
variance is requested to subdivide a parcel of land , the dimen-
sions and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the lots in the
neighborhood , noted on the plan as such, and marked "approximate'" .
The plan shall be signed and bear the seal of a registered
surveyor or engineer . Any plans presented with the petition shall
remain a part of the records of the Board of Appeals .
If living quarters are to be remodeled, or areas are to be
converted into living quarters , in addition to the plot plan, five
( 5) copies of the following described plans shall be furnished:
1. A floor plan of each floor on which remodeling is to. be done
or areas converted into living quarters;
2. A floor Plan showing the stairways , halls , doors opening into
the halls, and exit doors of each floor or floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show all existing work. ALL
proposed work shall be shown in red. The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot .
All plans and elevations presented with the petition shall remain
a Apart of the records of the Board of Appeals .
For petitions requesting variation(s ) from the ptovisions of
Section 7, Paragrpahs 7. 1; 7. 2, 7. 3, and 7. 4 and Table 2 of the
Zoning By Law for conveyance purposes only, a plot plan ,' certified
by a registered engineer or land surveyor , of the parcel of land
with a structure thereon being conveyed, will be acceptable to the
Board of Appeals provided:
1. The dwelling (s ) , structure(s ) , or buildings ) were constructed
prior to March .14, 1977 .
2. The petition is not to allow construction or alteration to
the dwelling (s ) , structure (s) , or building (s ) which will re-
sult in the need for the issuance of a building permit .
3. The size of the plan shall be no smaller than 81/2 x 1.1
inches and must show the existing area of the parcel , the
existing frontage, and the existing setbacks of the
dwelling(s ) , structure(s ) , or buiLding(s ) being conveyed.
4. Proper space' is provided on the plot plan for the Board' s
signatures , as well as adequate space for the following
information: date of filing, date of public hearing , and `
date of approval .
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DAN I 7
NOF , � iIR
AUG 841 RM 187
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
*
K. M. T. K. * Petition: #73-87
296/298 Sutton St.
N. Andover, MA 01845 * DECISION
*
The Board of Appeals held a public hearing on August 11, 1987 on the application
of K.M«T.K. Realty Trust requesting a Special Permit from the requirements of
Section 4, Paragraph 4.122(14) of the Zoning Bylaws so as to permit conversion
from a 2-family house to a 3-family house. The following members were present
and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William
Sullivan, Raymond Vivenzio and Anna O'Connor.
The hearing was advertised in the North Andover Citizen on May 21 and May 28, 1987
and all abutters were notified by regular mail.
Upon a motion made by Mr. Nickerson and seconded by Mr. Vivenzio, the Board voted
to DENY the Special Permit on the grounds of inadequate parking. The vote was
unanimous.
The Board finds that the petitioner failed to satisfy the provisions of Section 10,
Paragraph 10.4 of the Zoning ByLaws and by granting this Special Permit it would
derogate from the intent and purposes of the Zoning ByLaws and would adversely
affect the neighborhood.
Dated this 21st day of August, 1987.
BOARD OF APPEALS
LQK-IpAk
FraA Serio, Jr.
Chairman
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AUG L'� t FAWN OF NORTH ANDOVER
MAWACWSETT8
BOARD C* APPEALS
NOTICE OF DECISION
K.M.T.K. Realty Trust
296/298 Sutton St. Date • August 2i•,• •1987• • • • • •
N. Andover, Ma 01845
Petition No.. . . . 73-87 • . . . . . . . . . . .
Date of Hearing. August,lir..19.87 .
Petition of . .K.M..T. ,K.. Realty,Trust . : . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . : . . . ._ . . . . .
Premises affected St, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition #or a miihe
requiremente of the . R?qti•4P. 4... . .
ParagrAph.4..122.(14) .of. .the .Zoning .ByLaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . .conversJon.from. 24amily. house. to. .3-family. house,. . . . . . . . .. . . . . . . . :
. . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . DENY . . . . : the
Special Permit
. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
• . , . . , . . Fran�C, Seriox ,Jr.,, Chairman, , , , , , ,
. , , , , , , ,P.ugusxine• ,Hickerson,, ,�,lerk, , , • ,
Wi�]i ao►. S.uli LYac�. . . . . . . . . . . . . . . .
Raymond. Ylveazio. . . . . . . . . . . . . . .
Anna.W aonnor. . .. . . . . . . . . ::. . . .
Board.of Appeals
y3�ACHUSE
TOWN OF NORTH ANDOVER
MASSACHUSETTS
U ETTS
19,
BOARD OF APPEALS "
DIRECTIONS FOR FILING AN APPLICATION FOR THE FOLLOWING:
VARIANCES, AND SPECIAL PERMITS
PARTY AGGREIVED
1: Five (5) copies of the application.
2. Five (5) copies of the plot plans, one mylar and four paper.
3. North Andover Citizen will bill you directly for publishing the legal notice.
4. Check for $25.00 for filing fee, made out to the Town of North Andover.
5. Y6u will be billed for postage for sending out legal notices and decisions
to you and all abutters.
6. The applications must be time-stamped by the Town Clerk before acceptance
by the Board of Appeals.
7. The petitioner or a legal representative must attend the public hearing.
8. A copy of the plot plan must be submitted to the Building Inspector one
week prior to the meeting.
9. Any applications involving State highways, such as Route 114, Route 125,
etc., must have a copy of plot plans submitted to Mr. Joseph D'Anglelo at
the MA Dept. of Public Works, District 5, at least one week before the
scheduled meeting.
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Receivgd ;by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS jkL:0
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
,
Applicant K.M.T.K. REALTY TRUST Address460 Stevens St. , No. Andover, MA
1. Application is hereby made:
a ) For a variance from the requirements 'of Section Paragraph
and Table of the -Zoning By Laws .
b) For a Special Permit under Section 4 Paragraph4_122(4t) 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 —. -and building(s ) % numbered
296/298 Sutton Street
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( ) side of Slim-uSt.
Street , and known as No. 296 S,UQU.__ Street .
c ) Pxemises affected are in Zoning District R4 _, and the premises
affected have an area of 7900_ _square feet and frontage of
51.5—f eet
3. ownership
a) Name and address of owner ( if joint ownership, give all names ) :
K.M.T.K Realty Trust - Brendan P_Foster 460 Stevens St. , No. Andover
Date of Purchase May 1986__M Previous Owner Raymond Lynch
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
4 Size of proposed building:' front; feet deep;
" .Height stories; —_feet .
a ) Approximate date of erection:
b) Occupancy or use of each floor:�__�__�
c ) Type of construction:
5 . Size, of existing building: 28 feet front;_ 56 feet deep;
Height 2 1/2 stories ; 30 feet .
a ) Approximate date of erection:_ 1936
b) Occupancy or use of each floor: Residential
c ) Type of construction: Wood Frame
6. Has there been a previous appeal , under zoning , on these premises?
Yes If so, when? Petition #73-87
July/Aug 1987
Decision Date: August 21, 1987 ,
Al
7; Description of relief sought' on :this petition -'Special,permit to convert
f roni:two family to three family.
Deed recorded in the Registr.y of Deeds in Book 947 Page 32
Land. Court Cectificate No, Book Page
41
Phe principal points upon which I base ,my ap�.licatfon are as follows:
stated in detail )
,mUst be %
'-First ' nd most importantly, there is a'definate
a rieed for addit ' nal' family living,units in th; .
Town of North Andover. The request for .cbnversion from a two fsmily to—a three famiTy is
detrimental to the surrounding area or neighboring homes. The .-conversion will not .alter the
character of the neighbdrhood and is in harmony with the purposp of the. zoning-by laws.
: . agree to pay the filing fee, advertising in newspaper , and incide ntal
txpenses
.7
Signature of-Feltitio e r Tts
:very application for' action by the Board sh�ll be made on a form approved
Y., the Board . These forms shall be furnished by the Clerk upon request.
,ny communication purporting to be an application shall be treated as mere
otice of intention to seek relief until such time - as it is - made on the
fficial application form. All information 'Called for by the form shall
,a furnished by the applicant in the manner ' �herein,,-.prescribed -
h
A
very-application shall be submitted with a list * of *."Parties In Interestl -
hich list shall - include the petitioneco .abutters , owners of land directly
pposite on any public . or private street or way, and abutters to the
butters three hundred feet ( 300 ' ) of the property line of the
atitfoner' as they appear . bn the most recent applicable tax list #
otwitbstanding that the - land of any such owner is located in another city .. .. .
r townt the Planning Board - of the city or townt . and the Planning Board of-,. ':.,:*1%
V.-Y!
very abutting city or town*
Every application shall be submitted with ' an application charge cost in -%,.-i ,
In additiont the petitioner ' shall bd responsible
he amount- of 125. 00.
or any- and all costs involved in bringing the, peti'tion before the Board.
uch, costs shall include inailing and publication* but are not necessarilyj-"'.'*-V.
imited to these*
land approved by the
very application shall be submitted with a plan of
oard .- No petition will be brouglit before the Board unless said plan has
een submitted . Copies of the Board ' s requirements regarding plans are
' hereto or are available from the Board of Appeals upon request *'
ttached
LIST OF PARTIES IN INTEREST
Name Address
SEE ATTACHED PAGE
LIST OF PARTIES OF INTEREST
i
MAP PARCEL # NAME ADDRESS
52 6 Kenneth J. , Patricia M. Kelley 18-20 Grosvenor Ave.
52 33 Branda J. Warren 28 Grosvenor Ave.
52 11 Blaine Scribner 28 Grosvenor Ave.
52 24 Richard Jones 29 Grosvenor Ave.
52 37 '
52, 39 NnrmA Hnpbpy 290 Sutton St.
52 13 Prescott Nursing Home Association 289-291 Sutton St.
52 51 Richard B. , Susan A. Kierstead 3 Columbia Rd.
52 29 Antonio E. , Amalie D. Pettine 308-310 Sutton St.
52 29 James A. , Claire V. Pettine 308-310 Sutton St.
52 65 John J. , Florence A. Mathews 288 Sutton St.
I
N
S � PLAN OF LAND TO ACCOMPANY PETITION
Each application and petition to the Board shall be accompanied by
five ( 5) copies of the following described plan:
The size of the plan shall be .11 x 17, drawn to scale, 1 inch
equals 40 feet; it shall have a north point , names of streets,
zoning districts , names and addresses of owners of properties
within a minimum of 200 feet of the subject property, property
lines and location of buildings on surrounding properties . The
location of buildings or use of the property where a variance is
requested and distances from adjacent buildings and property lines
shall be verified in the field and shown on the plan The
dimensions of the tot and the percentage of the lot covered by the
principal and accessory buildings and the required parking spaces
shall be shown. Entrances, exits , driveways , etc. that are
pertinent to the granting of the variance shall be shown. All
proposed data shall be shown in red.
Any topographical feature of the parcel of land relied upon for a
variance, such as ledge , rock peat , or natural condition of water ,
brook, or river , shall be shown on the engineering plan . - When a
variance is requested to subdivide a parcel of land, the dimen-
si-ons and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the lots in the
neighborhood, noted on the plan as such, and marked "approximate" .
They plan shall be signed and bear the seal of a registered
surveyor or engineer . Any plans presented with the petition shall
remain a part of the records of the Board of Appeals .
If living quarters are to be remodeled, or areas are to be
converted into living quarters , in addition to the plot plan, five
( 5) copies of the following described plans shall be furnished:
1. A floor plan of each floor on which remodeling is to be done
or areas converted into living quarters;
2. A floor plan showing the stairways , halls, doors opening into
the halls, and exit doors of each floor or floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show all existing work. All
proposed work shall be shown in red. The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
All plans and elevations presented with the petition shall remain
a part of the records of the Board of Appeals .
For petitions requesting variation(s ) from the provisions of
Section 7, Paragrpahs 7. 1, 7. 2,7. 3, and 7.4 and Table 2 of the
Zoning By Law for conveyance purposes only, a plot plan, certified
by a registered engineer or land surveyor , of the parcel of land
with a structure thereon being conveyed, will be acceptable to the
Board of Appeals provided:
1. ' The dwelling(s ) , structure(s ) , or building(s ) were constructed
prior to March 14., 1977 .
2. The petition is not to allow construction or alteration to
the dweiling (s) , structure (s) , or building (s ) which will re-
sult in the need for the issuance of a building permit.
3. The size of the plan shalt be no smaller than 8 1/2 x 11
inches and must show the existing area of the parcel , the
existing frontage, and the existing setbacks of the
dwelling(s ) , structure( ) ,s or building(s ) being conveyed.
4. Proper space is provided on the plot plan for the Board' s
signatures , as well as adequate space for the following
information: date of filing , date of public hearing , and
date of approval .
60,460, NDAHJl:I 0u;
TOWN -,L F RX
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TOWN OF NORTH ANDOVER
0c e �{ MASSACHUSEWS
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CA, BOARD OF APPEALS
i
NOTICE OF DECISION
K.M.T.K. Realty Trust
Brendan P. Foster, Trustee Date . :March• .21., . 1.986. . . . . .
460 Stevens Street
N. Andover, MA 01845 Petition No.. . . .77.-$5. . . . . . . . . . . .
Date of Hearing. . . ?azciz. .11.,. .19 86
Petition of . . K.M•..T.K, - Realty -Trust.,. •B•rendan. .F,...Foster. • Trustee . . . . . . . . . .
PWW'" affected . . .1.1-4/116. -Union. -Stree-t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of Abe Sect iion. .4.,. .Para. 4 . 122
(.14). .a. .&. b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to pest •the remode-ling of thi.rd. f.loox • of .e.xi sting.W- Iding. £or. an
additional .dwelling and, An. exterior. open . stai.rway. . . . . . . . . . . . . . . . . . ..
After a public hearing given on the above date, the Board of Appeals voted to .GRANT the
variance . , . and hereby authorize the Building Inspector to issue a
permltu .to. .K.M.T...K,. .Re.a ty. :Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work,
As requested.
Signed
T^'a lte�rSSoule
Wil it [,(amSul ;Acting Chairman
.Augustine Nickerson, Clerk
Raymond Vivenzio
Anna O'Connor
. . . ... . . . . . . . . . . . . . . . . . .
Board of Appy
`,e 1 „o RTI,. 0
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ed _C yy 2 I. '
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS March 21, 1986
Petition: .#77-86
K.M.T.K. Realty Trust
Mr. Daniel Long, Town Clerk Brendan P. Foster, Trustee
Town Office Building 460 Stevens Street
North Andover, MA 01845 North Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on Tuesday, March 11, 1986
upon the application of K.M.T.K. Realty Trust, Brendan P. Foster,
Trustee, 114 '116 Union Street, North Andover, MA 01845 . The hearing
was advertised in the North Andover Citizen on February 20 and February
27 , 1986 and all abutters were notified by regular mail. The following
members were present and voting: Mr. William Sullivan, Acting Chairman,
Augustine Nickerson, Clerk, Raymond Vivenzio, Walter Soule , and Anna
O'Connor.
The petitioners seek a variance from the provisions Section 4 , Para
graph 4. 122 (14) of the Zoning By Law so as to permit the remodeling
of a third floor of existing building for an additional dwelling unit.
Upon motion made by Mr. Vivenzio and seconded by Mr. Soule the Board
voted unanimously to GRANT this variance so as to permit the remodel-
ing of third floor of existing building for an additional dwelling
and an exterior open stairway.
The granting of this variance would help the Fosters financially in the
upkeep of the property, and also provide an additional moderate income
unit for North Andover.
Sincerely,
BOARD OF APPEALS
_4"illAialmAIS llivan, Acting_Chairman
/aw t
-A
RECEIVFO
DANIEL ! 6NG
NOR�{,'h !i K ~'• i � be {� e
TOWN OF NORTH ANDOVER
MASSACHUSETTS
t
`C
OARD OF APPEALS \e��
NOTICE OF DECISION
K,M.T.K. Realty Trust Date . , .February 2lf. .19 86
„
Brendan P. Foster, Trustee
460 Stevens Street Petition No.. . . 45A-718,5, . . . . ... . . . .
North Andover, MA 01845
Date of Hearing. . . Feb.Kuaxy. .j j., 1986
Petition of . . . .K.M..T.K. Realty Trust, Brendan. . .P. Foster,
. . . Trustee. . . . . . . . . .
.. . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .114/116. .Union. .St... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Permit
Referring to the above petition for axaatatlondrom the requirements of2bw. Seotz on . 4.,, . .
Paragraph. .4..122.(.14:). . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . .
so as to permit .remodeling. -third .floor. .of: .exis;ting .dwelling .far.an. . . . .,
add-itiona.l .dwe 1.1ing.unit.. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. • .
After a public hearing given on the above date,the Board of Appeals voted to GRANT . .. . : the
Special .Permit. . . . . . . . . . .. . . . . . . . and hereby authorize the Building Inspector to issue a
permit to .remodel, third. •floor• -of. exi.sting. .dwelling. .for .an .additional.
dwelling unit
W the construction of the above work, based upon the following conditions: except for any
dimensional encroachments .
Signed Frank Serio, Jr. , Chairman
William Sullivan
Walter Soule
John Simon
Raymond vivenzio-
B of Ap
=r
RECEIVFD MORTH 1 A 'A
OA4IEL LbNG
Y N CLFRK
NORTH ANDOVER n�' �._., � ,ctice
5
Fit?'I 856 AN me ...�,= A_� ; E �
in the ,
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
February 21, 1986
Mr. Daniel Long, Town Clerk
Town Office Building Petition #66-85
North Andover, MA 01845 K.M.T.K. Realty Trust
460 Stevens St.
North Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on Tuesday, February 11;'-.1.986
upon the application of K.M.T.K. Realty Trust, Brendan P. Foster, Trustee ,
114 116 Union Street, North Andover, MA 01845 . The hearing was advertised
in �he North Andover Citizen on January 23 and 30 , 1986 and all abutters
were notified by regular mail. The following members were present and
voting: Frank Serio, Jr. , Chairman, William Sullivan, Walter Soule , John
Simon and Raymond Vivenzio.
The petitioners seek a special permit from the requirements of Section 4 ,
Paragraph 4. 122 (14) of the Zoning By Law so as to permit remodeling third
floor of existing dwelling for an additional dwelling unit.
Upon motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board
voted unanimously to GRANT the special permit as requested except for any
dimensional encroachments, for remodeling of third floor for an additional
dwelling.
Petitioner states that the property was purchased in 1984 as an investment.
A financial hardship has been created as the existing rental income will
not cover insurance , mortgage and tax payments. He, has been unable to
amortize the cost of the property and subsequently need additional income
in order to do so.
Sincerely,
BOARD OF APPEALS
Frank Serio, r. Chairman
/awt
Receive*EMyMwn Clerk:
DANIEL LONG
Toin Ci_KRK
NORTH A`dOOVER
JAN IS 3 28 PH '86
TOWN OF NORTH ANDOVER, MASSACHUSETTS
* BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant K.M.T.K. REALTY TRUST,_ Mendan P. Address 460 `Stevens St., NoAth Andover.
hod a, Trine
1. Application is hereby made:
a) For a variance from the requirements of Section 4 Paragraph 4, 122
and Table of the Zoning By Laws. (14)
b) For a Special Permit under Section 4 Paragraph4_122of the Zoning
By Laws . (14)
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) Premises affected are land and building(X ) X numbered
1141116 Union Street .
b) Premises affected are property with frontage on the North ( )
South ( X) East ( ) West ( ) side of Union
Street , and known as No. 114/116 Union Street .
c) Premises affected are in Zoning District R-4 and the premises
affected have an area of 10,938 square feet and frontage of
97 feet .
3. Ownership
a) Name and address of owner (if joint ownership, give all names ) :
K.M.T.K. Re Lfa Tx" b&cndajj P fin,&tPft Tj1a-top
Date of Purchase Oct, , 1984 Previous Owner Joseph $._0'pnwd�_
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: front; feet deep;
P Height stories; _feet .
a) Approximate date of erection: ManclLptc t, 1986
b) occupancy or use of each floor: Rai.denti.ct2
c) 'type of construction: Wood
5. Size of existing building: 26 feet front; 55 feet deep;
Height 2 stories; feet .
a) Approximate date of erection: 1910
b) Occupancy or use of each floor: ReAidentiae
c ) Type of construction: . wood _
6. Has there been a previous appeal, under zoning, on these premises?
NO If so, when?
` r w
7 . Description of relief sought on this petition Woutd .eike to nemodet tkiAd
6toon o jj existing dweUi,ng 6oh. an addi ti.onat dvL4�_nq_uv i t
8. Deed recorded in the Registry, of Deeds in Book J4 y Page SS`j •
Land Court Certificate No. Book Page
The principal points upon which I base my application are as follows:
(must be stated in detail )
SEE ATTACHED
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
TAg6t e K b4 7 ry TnuA t
Signature bf Petitioner(s )
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 information 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 land directly
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
or town, the Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge cost in
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 necessarily
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
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
Rita ViUman• 122 Union StAeet
• Ftorcence D'Eta 120 Union-Stxee t
Edward Mongan 65 Beverley Street
George A. 9 Jut i:a. M. Lydick 68 BeveAty St.
J.R. 6 MaAquetu,te M. Duxbuhy 104/106 Union St.
H.P. 8 Anne E. ReGety 83/85 Beve Zy St.
Mach D<i;Saf-vo 89 BeveAty St.
Sebastian 9 CanmeP,ina D.iSaevo 91 Sevekty St.
(use additional sheets if necessary)
The p)t-incipaX points upon which I base my appti.cation ahe a6 $ottom
1 puhchased .the exi.6ting building at 114/116 Union StAeet
.in October 1984 az an invatment. The cost o6 tw, .investment has
created a 6.inanciae handzhip as the exi6ting xentat income w.t t
not covets .in mance, mortgage and tax payment. I have been unabte
to amortize the cost o6 .the pt<opehty and subsequentCy need additionae
,income in okden. to do so.
Thetce is aao a s'eveAe shohtage o6 mode&ate income hou6,ing
in Norah. Andover.. This puposed adwi.onat dwe.PPing unit wilt, .in
some small way, hetp attev.iate this pnobtem.
In uque,6ting this Specc:at Permit, please be aware that the
pupo.6ed use w.1 U not detAact Jkom the area as there axe o then s.im i tax
mu ti-6amity units .in the suAAoundi.ng ne.ighbotchood.
Thank you goA your. con6.idvwt.ion in thi.6 matter..
Brendan P. Posters, T)tustee
K.M.T.K. Reatty Tnu6t
PLAN OF LAND TO ACCOMPANY PETITION
Each application and petition to the Board shall be accompanied by
five ( 5) copies of the following described plan:
The size of the plan shall be 11 x 17 drawn to scale, 1 inch
equals 40 feet; it shall have a north point, names of streets ,
zoning districts, names and addresses of owners of properties
within a minimum of 200 feet of the subject property, property
lines and location of buildings on surrounding properties . The
location of buildings or use of the property where a variance is
requested and distances from adjacent buildings and property lines
shall be verified in the field and shown on the plan. ' The
dimensions of the lot and the percentage of the lot covered by the
principal and accessory buildings and the required parking spaces
shall be shown. Entrances , exits , driveways , etc. that are
pertinent to the granting of the variance shall be shown. All
proposed data shall be shown in red.
Any topographical feature of the parcel of land relied upon for a
variance, such as ledge, rock peat, or natural condition of water ,
brook, or river, shall be shown on the engineering' plan . When a
variance is requested to subdivide a parcel of land, the dimen-
sions, and area of the surrounding lots may be taken from the deed
or lotting plan for comparison of the size of the lots in the
neighborhood , noted on the plan as such, and marked "approximate" .
The plan shall be signed and bear the seal of a registered
surveyor or engineer . Any plans presented with the petition shall
remain a part of the records of the Board of Appeals.
If living quarters are to be remodeled, or areas are to be
converted into living quarters , in addition to the plot plan, five
( 5) copies of the following described plans shall be furnished:
"
1. A floor plan of each floor on which remodeling is to be done
or areas converted into living quarters; ,
•
2. A floor pian showing the stairways, halls, doors opening into
the halls , and exit doors of each floor or floors where no re-
modeling or converting is to be done;
3. The plans and elevations shall show all existing work. All
proposed work shall be shown in red. The size of each plan
shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4
inch equals one foot.
—- All plans and elevations presented with the petition shall remain
a part of the records of the Board of Appeals .
For petitions requesting variation(s ) from the provisions of
Section 7, Paragrpahs 7. 1, 7. 2, 7. 3, and 7. 4 and Table 2 of the
Zoning By Law for conveyance purposes only, a plot plan, certified
by a registered engineer or land surveyor , of the parcel of land
with" a structure thereon being conveyed, will be acceptable to the
BoArd of Appeals provided:
1 . The dwelling(s ) , structure(s ) , or building(s ) were constructed
prior to March 14, 1977 .
2. The petition is not to allow construction or alteration to
the dwelling(s) , structure(s) , or building(s ) which will re-
sult in the need for the issuance of a building permit.
3. The size of the plan shall be no smaller than 8 1/2 x 11
inches and must show the existing area of the parcel , the
existing frontage, and the existing setbacks of the
dwelling(s ) , structure(s ) , or building(s ) being conveyed.
4. Proper space is provided on the plot plan for the Board' s
signatures , as well as adequate space for the following
information: date of filing, date of public hearing, and
date of approval .
u
i
!Notice «`° `. .'°:
fT ° s,
Llate of
��:�:n0 ai t1��5 °I�.;.&r�,�'t4
in the Office of the Town HUSt
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
K.M.T.K. Realty Trust * Petition #114-89
460 Stevens Street
N. Andover, MA 01845 * DECISION
The Board of Appeals held a public hearing on Tuesday evening, June 12, 1990
and a Special meeting on Monday evening, June 25, 1990 upon the application
of K.M.T.K. Realty Trust requesting a Special Permit from the requirements of
Section 4, Paragraph 4.122(14) of the Zoning Bylaw so as to permit converting
a two-family dwelling to a three-family dwelling on the premises located at
296/298 Sutton Street, The following members were present and voting: Frank
Serio, Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor
and Louis Rissin.
The hearing was advertised in the North Andover Citizen on May 23, 1990 and
May 30, 1990 and all abutters were notified by regular mail.
Upon a motion made by Ms. O'Connor and seconded by Mr. Rissin, the Board voted,
unanimously, to GRANT the Special Permit as requested, subject to the following
conditions:
1. Resolve the drainage problem as expressed by Mrs. N. Haphey, to the
satisfaction of the Building Inspector and the Department of Public
Works prior to the issuance of a building permit.
2. No exterior changes to the existing building permitted.
The Board finds that the granting of this Special Permit will not adversely
affect the neighborhood or derogate from the intent and purpose of the
Zoning Bylaw.
Dated ' his 26th day of June, 1990.
BOARD OF APPEALS
IZ2/ d &_
Frank 8a xio, r.
Chairman
/awt
Dolt,- vX
APRILM
/lny app-al S�dil 10,2 flied
CHU9 �L
Within (2M r'F}`�S df'i0Y the
f this Notice TOWN OF NORTH ANDOVER
date of firing a MASSACHUSETTS
n o
ithe Office f the -Town
Clerk. .--�-""..�"_ ..
'BOARD OF APPEALS
NOTICE OF DECISION
K.M.T,K, Realty Trust Date . . June 26, 1990 .. . . . . . . . . . .
Petition No.. . . . 114-89. . . . . . . . . . .
June 12, 1990
Date of Hearing• .Jume., ,. :1990•
Petition of . . . . .K,h>..T..K, .Realty. ,Trist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . .
Promisee affected . . 2.9.6/.29$. Sutton. Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a Scal fiomile rmpiremerts of*a Section .42 . . . . .
Paragraph. 4...122(14). .of .the. Zoning Bylaw. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . converting. from.a. taco-family to .a. three-family. Awelling . . . . . . . . .,.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,�...
After a public hearing given on the above date, the Board of Appeals voted to .GRANT. . . . . : the
Special Permit•as• request• • •- . . . and hereby authorize the Building Inspector to issue a
permit to . . .K.M.T•.•K Realty. -Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1. Resolve the drainage problem as expressed by Mrs. N. Haphey, to the satisfaction
of the Building Inspector and Department of Public Works prior to the issuance
of a building permit.
2. No exterior changes to the existing building permitted.
Signed
ran Serio, Jap: , Chairman
. . . . . . . . . . . . . . . . . . .
Walter Soule, Clerk
. . ., . . . . . . . . . . . . . : . , . . . . . . . . . . . . . . . . . . . . . .
Raymond Vivenzio
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Anna O'Connor
. . . . . . .... . . . . . . . . . . . . . . . . . .
Louis Rissin'
. . . . . . . . . . . . . . . .
Board of Appeals