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Home My WebLink AboutMUCICA, GARY r t NORTh \\ b� th0 s H u s E:fi � p a� 5'�a; C,�`eC�o�\�e ap?` aay tii5 syr pSSgAn ti ti3 AH '87 CHUSEt d�tc e ofi;, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Gary & Sally Mucica * Petition: X678-88 7 Olympic Lane * DECISION N. Andover, MA 01845 * * *********************** The Board of Appeals held a public hearing on August 11, 1987 on the application of Gary M & Sally J. Mucica requesting a variance from the requirements of Section 4, Paragraph 4.121 and Table 2, also Special Permit of Section 10.31, Paragraph 2 of the zoning bylaws so as to permit relief for deck constructed by builder, the corner of which is 26 feet from lot line. 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 July 9 and July 16, 1987 and all abutters were notified by regular mail. Mrs. Mucica spoke regarding the petition. Upon a motion made by Mr. Vivenzio and seconded by Mr. Sullivan, the Board voted to GRANT the variance as requested with the provision that a plot plan be submitted. The vote was unanimous. The Board finds that the petitioner has satisfied the provisions of Section 10, Para- graph 10.4 of the Zoning ByLaws and the granting of these variances will not derogate from the intent and purposes of the Zoning ByLaws nor will it adversely affect the neighborhood. Dated this 21st day of August, 1987. BOARD OF APPEALS Fr Serio, Jr. Chairman /awt 3 t•, 1865 If AP,CHU TOMM OF NORTH ANDOVER , MASSACHUSETTS , 4 BOARD OF APPEALS NOTICE OF DECISION Gary M. S Sally J. Mucica 7 Olympic Lane August 21, 1987 North Andover, MA 01845 Petition No.. .78-88. . . . . . . . . . . . . . Date of ging. .August il, 1987 Petition of . .Gary M. & Sally„J. ,Mucica. . . ... . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . .7 .Olympic .Lane. . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of . Sec 4, ,Para 4.121 and Table 2, also Special Permit of Sec. 10.31, Para 2 . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .relief. for .deck. aonstruczp-d .by.bulldex, .Ghe. .c.Qxx►e�. 26. faet .from. lat .line... .. . . . . . . . . .:_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT . . . : the variance .and. apecial. permit. . . . . . . I�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio, Jr. , Chairman Augustine Nickerson, Clerk . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . William Sullivan . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . Raymond Vivenzio Anna O'Connor . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appy Reca�ved by Town Clerk�r t' Roi JUL f 2 A " TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Lane M_ & SallyJ �Address 7 01is North Andover , MA 1. Application is hereby made: a) For a variance from the requirements 'of Section 4.121 Paragraph and Table 2 of the Zoning By Laws . 1)) For a Special Permit under Section10•31Paragraph 2 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 building(s )_x_numbered 7 01ympic Lane Street . b) Premises affected are property with frontage on the North ( ) South ( X) Last ( ) West { ) side of olym�ic Lane_ ___Street . Street , and known as No. 7_plY-%Pic Lane— __ - c ) Premises affected are in Zoning District x2 _. and the premises affected have an area of 13o5 _square feet and frontage of 3. ownership a ) Name and address of owner ( if joint ownership, give all names ) :. Garv_MM& sa11y J ._Mucica _f Date of Purchase 6-30-81---- -Previous Owner Wilmar Properties 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; " 11eight stories ; __feet . a ) Approximate date of erection: b) Occupancy or use of each floor :___,__ c ) Type of construction: ______-____ - 5 . Size of existing building: 44_7 __ feet front ; 28 . 2 feet deep; Fie i gh t__2___s for i es; Lee t . a ) Approximate date of erectionr___�g�q__Y r 1,) Occupancy or use of each floor : residential . Typ.r, construction. Wood frame G. H ., - re a previous appeal , under zoning, on these premises? No when?----- Description of relief sought on this petition Variance for deck constructed by builder , the corner of which is 26 -',15eet from lot line , ' oi�t of compliance wiEh 10 toot requirement B. Deed recorded in the Registry of Deeds in Book `l' '515 Page 3 Land Court Certificate No.=—Book 1515 Page 3 Th : principal points upon which I base my application are as follows : (mdust be stated in detail ) Deck was built by Wilmar Properties and included in 61•iginal purchase of house in 1981 . Problem was not uncovered until survey was conducted in April , 1.986 . Deck does not interfere with neighbors property. I agree to pay t e filing fee, advertising in newspaper , and incidental expenses* '•1 _ —Si r _ Signature oi= et1tr& 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 timeeas it . made on the . " officialapplication form . All information •'called 1for key the form shall be furnished by the applicant in the manner ' �hereim.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. % r~ *Every application shall be submitted with an application charge cost in the amount of $25 . OQ. In addition, the petitioner shall be' responsible :.;. ' for .any and all costs involved in bringing the petition before the Board. ;,` ` Such,,, costs shall include mailingpublication, but are not neeessaril and P Y;� • limited to these . Every application shalt 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 P cl g g r attached hereto or are available from the Board of Appeals upon request . �• LIST OF PARTIES IN INTEREST Name Address Paul & Maxie Hudson 1850 Salem St . ., Reginald W. & Margaret J. 'Peerless 19 Olympic Lane ' Steve & Mary Andreadakis 37 Olympic Lane Anthony J. & Emma M•' Marino 71 Olympic Lane Olympic Lane Realty Trust 110 0.lympic' Lane „ Norman & Sharon Kossayda 57, Olympic Lane Paul D . & Jean C. Finn 8.3 Olympic Lane ' (use additional sheets if ' necessary) 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: 'Clic 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 propose] data shall be shown in red . Any topogr.anhical 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; , ?, 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 It x 17 or 17 x 2.2; it shall be drawn to scale, 1/4 inch cquals one foot . All plans and elevations presented with the petition shall remain a part o.f: the records of the Board of Appeals . For petitions requesting variation (s ) from the provisions of Section 7, Par. agrpahs 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 d.oelling(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 ) , stcucture (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 1.1 inches and must show the existing area of the parcel , the existing frontage, and the existing setbacks of the = + conveyed . ddellinq (s) , s ,.ructure(s ) , or buildings ) being 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 . 7� clwA1C� LS '��►M '�l dWA-A.0 1 IYIY, A�` Zl CJ I ldls 9 0 { J a 1 / Oversized Maps on file with the Town