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Home My WebLink AboutOLENIO, DANIEL A. APAILM ::a a1U ..17 1 �cuug•.,.... Rn�tE� o Q TOWN OF NORTH ANDOVER o DEC 13 1972 MASSACHUSETTS ¢ JOHN 1. LYONS, v �o TOWK CLERK r, NURI ANDO_V_F$ 0 BOARD OF APPEALS ��fZ Z2 42 December 119 1972 Daniel J. Olenio East Water Street Petition No. 19-172 John J. Lyons, Town Clerk Town Office Building North Andover, Mass, Dear Sir: A public hearing was held by the Board of Appeals on November 13, 1972 upon application of DANIEL J. OLENIO who requested a variation of Sec. 6.11 6.2 and Table 2 of the Zoning By—Law so as to permit a townhouse consisting of five units located at the south side of East Water Street; approx. 500 feet from the corner of Chickering Road. The following members were present and voting: J. Philip Arsenault, Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond and Associate Members William N. Salemme and Louis DiFruscio. Atty, Domenic J. Scalise represented the petitioner, who was also present. He stated he would like to change the petition to read four townhouses instead of five units. He explained that the lot contains approx. 159000 sq. ft. and that water and sewer are available. He is proposing a four unit townhouse building and he needs a variance for the square footage, frontage and area. The plan shows four units and each unit has its own lot area, which contains more than enough area for a unit. The complex will be set back 30 feet and meets all setback requirements. The closest existing dwelling has a front setback of 8 feet. All of the neighborhood is a multi—family area. The elderly housing is adjacent and there are duplex and 4 family units on East Water Street. This complex would be in keeping with the neighborhood. It would not be detrimental and would not be in substantial derogation from the intent of the By—Law. Parking facilities will be in the rear of the complex. The Planning Board had recommended unfavorable action because one acre is the minimum area required and this petition is approx. 1/3 that size. Several abutters were present and the following people were opposed to the petition: Mr. & Mrs. Charles Black, Clarendon St.; Winifred Sullivan, Clarendon St.; Ray Canty, Phillips Ct. They objected because of the increase in traffic and the already, existing traffic problem. The hearing was advertised in the Lawrence Eagle—Tribune on October 28 and Nov. k, 1972 and all abutters were duly notified by regular mail. Daniel J. Olenio —2- December 11, 1972 The petition was taken under advisement and during this period was reviewed by the Board. Mr. Drummond made a motion to DENY the variance; Dr. Beliveau seconded the motion and the vote was unanimous. The Board Pound there was no hardship involved. Very truly yours, BOARD OF APPEALS J. Philip Arsenault, Esq, Chairman AD i . p10 TI, '32,' cAA�I•�t�4��„ Aran7A �•AA � •, 1855 ;p�• }ys`s4tHU5F'i"4 rrr`rv�+ty TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . .19.7.? . . . . . Petition No..19. —. . .72. . . . . . . . . . . . Date of Hearing. Nov. .139. 1972. . . Petition of .Daniel J. 01eni.o Premises affected . South. side 0f.5..Water .St.,. approx.. 500 ft. .from Cerner. of Chickering Rd. Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . .North. Andover. Zoning.By�-Lawv. .Sec., 6.11 .6.2.& Table. 2. . . . . . . . . . . . . . . . so as to permit A townhouse .consistizsg .of_four. units. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . DWY. . . . . the Variance for the construction of the above work, based upon the following conditions: Signed J._ Philip Arsenaultr.S.sq.. ,. .Chairman. . . . . Dr. 1fugene A. Beliveauf Clerk . . . . . . . . . . . . . . . . . . Arthur.R. . Drumwoznd. . . . . . . . . . I . . . . . . . . . . . . . Fraak .Serio.f. Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . William Pt. Safe; Associate Member . . . . . . . . . . . . . . . . . . . . Board of Appeals >,,>.w QRTIY d Fi APRIL >�ACHl35�'� s>•s*�A � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 2/+, 1961 John J. Lyons, Town Clerk Town Office Building North Andover, Massachusetts Dear Sir: This petition was heard at a meeting of the Board of Appeals on Monday evening, October 9, 1961 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; Henry Lund, Robert J. Burke, Harold Morley, Jr., Secretary; and Associate Member William Morton. The Chairman designated Mr. Morton to sit in place of Mr. Gilman. This public hearing was advertised in the Eagle-Tribune on September 18, 1961 and September 30, 1961. All abutters were duly notified of this hearing. Daniel J. Olenio, requested a site plan review of Sec. /+, Para. /+.44 of the Zoning By-Law to permit the erection and operation of a restaurant located at 52 Old Clark Street. There was no opposition to this petition. Mr. Olenio represented himself. At a special meeting held on October 23rd, the Board discussed and voted on the petition. Por. Morley made a motion to EM the petition. Mr. Burke seconded the motion and the vote was unanimous. The Board gave the following reasons for denial: The area is zoned for Industrial use and for the best interests of all concerned, it would be dealuble to keep it for Industrial use. The location is not suitable for a restaurant and the access to the area is not too good. Very truly yours, BOARD OF APPEALS YZ aniel T. OrLeary, CCc„ AD a F AFRIL,P1 -W} � 4FH466'�l rrrr4" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date October 242 1961 Petition No. Date of Hearing October 9, 1961 Petition of Daniel J. Olenio Premises affected 52 Old CLrk Street Referring to the above petition for a variation from the requirements of the North Andover Zoning By—Law so as to permit the erection and operation of a restaurant located at 1 52 Old Clark Street. After a public hearing given on the above date, the Board of Appeals voted to the Site Plan Review permit to for the construction of the above work, based upon the following conditions: Sign ChairmanI go=—Lund Harold Morley, Jr. Secretary Robert J Burke William Morton, Associate Member Board of Appeals w* NORTly 3�'�a�pePoMr46 �R NCS P R pAMILM .. P EAC BOARD OF APPEALS TOWN OF NORTH ANDOVER MA55ACHUSETTS yyuaai 00 10 11 12 . off'lORTj'''` Y 3�:s CA*� RECD vE0 IL �A •' teas ; •. 6 o" SEP ,yZ3 t�r9 ►"�CNU9� C- JOHN J. LYON S ". TOWN CLERK TOWN OF NORTH gHppygR tdUHTH ANDDYER �4' MASSACHUSETTS 0 BOARD O AF PPEAL,S September 24, 1959 John J, Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir; The application for a site plan review for the erection and' O tion of a restaurant b hearing on Monday Daniel er 21 , 52 Clark Street was heard atteaa public Members y, September 21, 1959 at 7:x-5 PM at the Town Public present and voting were! Daniel T, Ot Building, Foster Jr. , Secreta Leary, Chairman ry, Henry E, Lund, Howard Gilman and Robert Burke.The petitioner appeared for himself and there was no 0 Upon motion dulyp]�asition, the a made and seconded, it was unanimously voted to deny Iaormi g an as it is the Board's opinion that there should not be a conforming and anon-conforming use on the same parcel of land. Very truly yours, BOARD OF APPEALS Daniel T. O'Leary, Chairman }}y44 `acARp, j} %� a0) 4 Fi r1VNIL7iV ;x ~ C1 J yli 1$5�J • • } ;► p =91. LYONS TOWN OF NORTH ANDOVER N TOWS CLERK � MASSACHUSETTS ' ES 0� q BOARD OF APPEALS August 21,_, 195``, John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: A rnvatin3 of the Board of Appeals was held on i,ionday, August 10, 1959 at 3 :15 PT at the 'roam Building on the ap_.)lication of Daniel Olenio reques ,inr; a variation of Section b, Pararaph. 5.51 of the Zoning B;y 'javi so as to pem. it the uses allowed in an Incustrial 'Zone calling for �0,000 square feet, the petitioner havin„ only 2.5,900 square feet, ne 'vers prey ent and voLin_- were: 'Daniel T. O'Lear-Y, Cnairman, C j.=�,rles Secretary, Howard Gilman, Robert Burke and Henry Lund. The petitioner appeared for himself and William Chepulis appeared in oyosition. U-pon motion duly made and seconded, it was unanimously` voted to grant tine variance. RLASGNS .,'GR DBCISION. Due to the fact that the area of this lot is cancer 509000 square feet required for its use for industrial purposes for wHich it is zoned, its present use is limited to the occupany and use of its present dwelling structure thus preventing its use for the purpose for .hich it is zoned. Very truly yours, BOA2D OF APPEALS , . Daniel T. O'Leary, Chairman r/ 1 y,ras O A F AVRIL7 ib �a yl. ISJr rJ �pY� .9ss �M1,A I **Yff Y4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Auggust 24, 1959 Petition No. Date of Hearing August 10, 1959 Daniel Olenio Petition of Premises affected 52 Old Clarl: Street, North Andover, Eass. Referring to the above petition for a variation from the requirements of the North Andover Zoning By Law so as to permit the use of lot for pur-poses alleged in an Industrial Zone After a public hearing given on the above date, the Board of Appeals voted to r n the Variance and hereby authorize the Building Inspector to issue a permit to Da;-.i e 1 O 1 eni o Signed: Chairman Charles 1 o r r i Henr_� Lund Robert Burke jiowa r d r=ilinan — _ Board-of Appeals a NORTy �.• 9.1G r r.3.'llC'CIIPOR,T�i ♦ e {Fe APRILM :S0 H 1 •• 855 �s�.gCHUSY.yt� rw wr k.I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 10, 1958 A hearing was held on March 10, 1958 on the petition of ianiel Olenio for a variance from the rel- uirements of Section 4.4 of the zoning By-haw to allow the operation of a taxi on the premises of 1591 Osgood Street. After a hearing the board finds that Mr. Olenio proposes to operate a taxi business from his restaurant presently located at the above address and that he does not plan to erect any additional building to be used in connection with his taxi business. L�U ��l jti The board is unanimous in the opinion that no variance is re,uired under the provision of Section 4.41 of the zoning ordinance since the operation of the taxi business constitutes a commercial non-retail activity and that the uoard finds the Building Inspector may issue a permit for such use , provided that there be issued no permit for the erection of any building to be used in eonncection with such taxi business , subject to the procurement of a necessary license from the Board of Selectmen. Sincerely , IU� i OF KO.AT'h Ai4WVh1i BUAiib ui Akl�r;AlIS Ronald i'. Smith, Chairman A, r�YC��fti v P• yrsACHu9�'�f� s►n�d<' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date March 10 , 1958 Petition No. Date of Hearing ]march 10, 1958 Petition of Daniel Olenio Premises affected 1591 Osgood Street Referring to the above petition for a variation from the requirements of the-- Zoning heZoning By-Laws of North Andover, Mass. Taxi Business so as to permit After a public hearing given on the above date, the Board of Appeals voted lsex that a x V"An1AliJE was not rewired end hereby authorize the Building Inspector to issue a permit to Daniel Olenio for use of the premises for operation of a f��t xi yic�ess based upon the following conditions: 1. That the permit provide that no building be erected on the premises in connection with said building. Signed: Daniel O'Leary Nicholas Nicetta Benedict kerrone Associate- Member Alfred Boeglin, Associate Member Board of Appeals Oversized Maps on file with the Town TOWNOF NORTH ANDOVER BOARD OF APPEALS NOTICE September 13, 1961 �N4RTy Notice is hereby Al* I� given that the Board _;.eD�R�.•; r of Appeals will give ' _6 r,' a hearing at the r• AMU" ��r� Town Building,Nor}h h Andover, on Monday j the 9th day of Octo- CH17a ber 7961, of 7:30 p.m. O'clock, to all Parties interested in J. Olenio reauesting oe appeal ite eal atDa of Sec. 4 Para. 4.44 of the Zoning By- Law so as to permit the erection .and operation of a restaurant on the prem- ises, IOCated at 52 Old Clark Street. By Order of the Board of Appeals. DANIEL T. O'LEARY E-T—Sept. 18, 30, 1961, Chairman ,LAO Yt"��•• � v '. 1855 p�°•� his AC U5 .tl r*tttt+r� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date October 24,_ 1961 Petition No Date of Hearing October 9, 1961 Petition of Daniel J. Olenio Premises affected 52 Old Clark Street Referring to the above petition for a variation from the requirements of the - North Andover Zoning By—Law so as to permit tha erection and operation of a restaurant located at 52 Old Clark Street. After a public hearing given on the above date, the Board of Appeals voted to 3W the Site Plan Review permit to for the construction of the above work, based upon the following conditions: Sign Hence Lund Harold Morley, Jr. Secreta= Robert J Burke William Morton Associate Member Board of Appeals %4pRTy rti0 E0�r...� r AFS AraIL7M im �SFP ILS f •: -' s 0 cl �. BOARD OF APPEALS TOWN OF NORTH ANDOVER MASSACHUSETTS �yAAA Of.�ORTyR� 0g 10 11 P :6. �: ► e w AvRu7n �a w °� RECEIVED ' c cc � `tyg•• w fry,�ACH09�e"w - SEP 211 1.�^9 m. F.■v... o JOHN J, LYONS TOWN OF NORTH ANDOVER TOWN CLERK � MASSACHUSETTS NORTH ANDOVER O � �0 le zz �2°2 BOARD OF APPEALS September 24, 1959 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir; The application for a site plan review for the erection and operation of a restaurant by Daniel Olenio, 52 Clark Street was heard at a public hearing on Monday, September 21, 1959 at 7=45 PM at the Town. Building. Members present and voting were: Daniel T. O'Leary, Chairman, Charles Foster Jr. , Secretary, Henry E. Lund, Howard Gilman and Robert Burke. The petitioner appeared for himself and there was no opposition. Upon motion duly made and seconded, it was unanimously voted to deny the application as it is the Board's opinion that there should not be a conforming and a non-conforming use on the same parcel of land. Very truly yours, BOARD OF APPEALS Daniel T. O'Leary, Chairman G V y�saaa, 16 �i 0� 1? �,� •�C4Ny ORT '� RECE `} APP/L77'1 `O �••+ a '�, L855 `' SEP Z.8 "'359rn `�9ssaceUg�� 10"N, 1. LYONS � '►* rre+14 �o TOWN CLERK URiN ANDOVER NTOWN OF NORTH ANDOVER ��. 0 oti MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date September 24 , 1959 Petition No. Date of Hearing September 21, 1959 Daniel Olenio Petition of 52 Clark Street Premises affected site plan review Referring to the above petition for a from the requirements of the North Andover Zoning By Law so as to permit the erection and operation of a reataurnnt After a public hearing given on the above date, the Board of Appeals voted to ARNX the SITE PLAN REVIEW P?%# + f ove work base S Charles Foster r. Howard Gilman Hobert Burke Henry E. Lund Board of Appalls