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HomeMy WebLinkAboutOSTHERR, MARY ELLEN Any appeal shall be filed Amn :� within � ' pass: (�O) days a b ter the iceiu;A, date of riling of this Notice in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS v+ BOARD OF APPEALS T .� NOTICE OF DECISION N r Date . .November 25, 1991 x Petition No.. . .17.2.7-99. . . . . . . . . . . . . Date of Hearing. .11/!2, & .21191. . . Petition of . . .Many. Ellen.Os.therr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . 3.86 .Great. Pond.Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .Sect ion.7 .Paragraph .7,1. AAA .7.2. and Table. .2. . . . . . . . . : . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . so as to permit . a,.variation. of .lot. Area and, street, frontage,. . . . . . . . . . . . . . . . . . . . . . ... 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 permit to . Mary. Ellen.Ostherr . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . ... . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following cwnditions: 1. Both lots must be tied into sewer. 2. Lot 1, with existing dwelling, shall tie into sewer within one year from the date of this decision. Signed Frank .Serio,. Jr.,, . aifman. . . . . . Walter .$oule�: Clar$. . ... . . . . . . . . . RayRond .Vivenz.i;o . . . . . . . . . I . . . . . . Anna. 0'.Connor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . Board of Appeals �My appeal shall be filed within (20) days after the date of firing of this Notice f in the Office of, the Town Clerk. .__ �e9gCHU8k TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mary Ellen Ostherr * Petition #172-90 386 Great Pond Road North Andover, MA 01845 * DECISION * The Board of Appeals held a regular meeting on November 12, 1991 continued to a special meeting on November 21, 1991 upon the application of Mary Ellen Ostherr requesting a variation from the requirements of Section 7, Paragraph 7. 1 and 7.2 and Table 2 of the Zoning Bylaw so as to permit relief from lot area and street frontage on the premises at 386 Great Pond Road. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and John Pallone. Upon motion made by Mr. Soule and second by Mrs. O'Connor the Board voted unanimously to GRANT the variance as requested with the following conditions: 1. Both lots must be tied into sewer. 2 . Lot 1, with existing dwelling, shall tie into sewer within one year from the date of this decision. The Board finds that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. The Board finds that this lot located immediately adjacent to the water treatment plant, is subject to special circumstances not affecting other lots in the area, and that the petitioner is suffering a hardship as a result. Such circumstances include noise, light and activity, and as applied to this long narrow lot create conditions sufficient to warrant the variance requested. Dated this 25th day of November, 1991. BOARD OF APPEALS Frank Serio, Jr. Chairman �T s uv i COMMm_ ,tMA1,T4- OF MASSACHUSETTS r i Essex, ss. ` ' rR Superior Court Department of the Trial Court DEC 10 3 14 Civil Action No.�j^ * * * * * * * * * * * * * * * * * * * * * * MARC E. RUDICK Plaintiff * NOTICE OF ACTION V. * APPEALING BOARD OF * APPEALS' GRANT OF MARY ELLEN OSTHERR, FRANK SERIO, JR. , * VARIANCE WALTER F. SOULE, RAYMOND A. VIVENZIO N AND ANNA P. O'CONNOR, AS THEY ARE o MEMBERS OF THE BOARD OF APPEALS FOR Ln THE TOWN OF NORTH ANDOVER v * 3 ° Defendants Q N ? O W 0 o In accordance with M.G.L. c. 40A, §17 , notice is hereby a given that on December 10 , 1991, a Complaint was filed in the 0.u = U above-captioned matter in the Essex Superior Court by Marc E. ui m o '" o � Rudick appealing from the Board of Appeals' decision, a copy of Z W z which was filed in the North Andover Town Clerk' s office on w Q c� m w November 25, 1991, granting a variance to Mary Ellen Ostherr. A w N copy of the Complaint as filed is attached hereto. Z a 0 m MARC E. RUDICK By His Attorney nnb_�_ Howard M. Berger BE GER AND HYDE, P.C. 90 Main Street Andover, MA 01810 Tel. ( 508 ) 475-0756 BBO #038820 i COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department of the Trial Court Civil Action No. / 1 * MARC E. RUDICK Plaintiff * COMPLAINT FOR REVIEW V. * OF A DECISION BY * THE BOARD OF APPEALS MARY ELLEN OSTHERR, FRANK SERIO, JR. , * FOR THE WALTER F. SOULE, RAYMOND A. VIVENZIO * TOWN OF NORTH ANDOVER, AND ANNA P. O' CONNOR, AS THEY ARE * MASSACHUSETTS 0 MEMBERS OF THE BOARD OF APPEALS FOR * UNDER G.L. c. 40A, S17 THE TOWN OF NORTH ANDOVER v * m 3: 0 Defendants a J * W W o W z b 0 0 1 . The Plaintiff , Marc E. Rudick, is an adult individual and a W resides at 370 Great Pond Road, North Andover , Massachusetts. o 2 . The Defendant, Mary Ellen Ostherr, is an adult individual 2 and resides at 386 Great Pond Road , North Andover , z° W Massachusetts, and is the original applicant for relief . a o' W z 3 . The Defendant, Frank Serio, Jr . , is a member of the Board a of Appeals for the Town of North Andover and resides at W W 250 Hillside Road, North Andover, Massachusetts. W Z4 . The Defendant, Walter F. Soule , is a member of the Board of Appeals for the Town of North Andover and is the Clerk. He 0 resides at 70 Raleigh Tavern Lane , North Andover, Massachusetts. 5 . The Defendant, Raymond A. Vivenzio is a member of the Board of Appeals for the Town of North Andover and resides at 11 Appledore Lane, North Andover , Massachusetts. 6 . The Defendant Anna P. O'Connor, is a member of the Board of Appeals for the Town of North Andover and resides at 88 Martin Avenue, North Andover, Massachusetts. - i 7 . The Defendants, Serio , Soule , Vivenzio and O'Connor are duly appointed and acting members of the Board of Appeals of the Town of North Andover. They constitute four ( 4) members of the five ( 5) member Board of Appeals. Pursuant to Section10.21 (2) of the Zoning By-Law, four ( 4) members of the five (5) member Board of Appeals must concur to grant a variance. The Defendants constitute the necessary four ( 4) members. 8 . The Town of North Andover has adopted Zoning By-Laws pur- suant to G.L. c. 40A which By-Laws have been in full force and effect and continue in full force and effect for all times material under this Complaint. 9 . The Defendant, Mary Ellen Ostherr , resides at 386 Great Pond Road, North Andover, Massachusetts, which premises are U) the affected premises for which a variance was requested. ° On or about October 25, 1991, the Defendant, Mary Ellen Q Ostherr, filed an application for relief from Section 7 , co Paragraph 7 .1 and 7 .2 of the Zoning By-Law and further from 3 the requirement of Table 2 of said By-Law. A copy of the a W Application for Relief From the Requirements of the Zoning a Ordinance and the recent provisions of the By-Law are W attached hereto and marked Exhibit "A" Zo] ° 10 . On November 12 , 1991 and November 21, 1991, a public a W hearing was held by the Board of Appeals on Mary Ellen Ostherr ' s variance request. a a W 11, On November 25, 1991 the Board filed its decision approving = s Mary Ellen Ostherr ' s variance request with the Town Clerk °z W of North Andover, Massachusetts. ( A copy of that deci- a o sion, certified by the Town Clerk is attached hereto as X a Exhibit "B" . W W 12 . The decision by the Board of Appeals exceeded its authority in that the Board of Appeals did not specifically find that Z there were any circumstances relating to the soil con- ditions, shape or topography of Ostherr ' s land or struc- mtures and especially affecting such land or structures but not affecting generally the zoning district in which Ostherr ' s land is located which would cause a literal enforcement of the Zoning By-Laws to create substantial hardship, financial or otherwise , to Ostherr, all as required by Section 10 of Chapter 40A of the General Laws. 13 . That decision of the Board of Appeals also exceeded the authority of the Board of Appeals in that they did not find that granting the relief would not cause substantial detri- -2- men to the public good and would not nullify or substan- tially derogate from the intent or purpose of the Zoning By-Laws, all as required by Section 10 of Chapter 40A of the General Laws. 14 . The Board of Appeals, in its decision, made no special fin- dings of economic hardship required by the Zoning By-Laws. WHEREFORE, the Plaintiff , Marc E. Rudick, respectfully prays as follows: 1. That the Board of Appeals' decision granting the Defendant, Mary Ellen Ostherr ' s application for N variance be annulled by this Court pursuant to the pro- 0 ° cedure set forth in Section 17 of Chapter 40A of the Ln v General Laws. m a T 2 . That after a hearing that the Court determine that a a F variance could not be granted pursuant to G.L. c.40A, §10 . > o i 0 3 . That the Court order any other and additional relief In which it deems just and equity may require. a � MARC E. RUDICK d a B His Attorney w N o a > g x o a o How r Berger W a BERGER AND HYDE, P.C. 90 Main Street W W over, MA 01810 Tel. (508 ) 475-0756 BBO #038820 m -3- 1 i , I ' Received by Town Clerk: T UN 1 lO lE i TOWN OF NORTH ANDOVER, MASSACHUSETTS �1 AI� !�� f BOARD OF APPEALS 7r 1 OcT 1� i APPLICATION FOR RELIEF FROM TuE REQUIREMENTS OF TILE ZONING ORDINANCE f Applicant (( Q 5T'HE AdJress �/�lD `dTl�r,Qoj -----8 __ 1 1. Application is hereby made: T ' a) For a variance from the requirements of Section 7 Paragraph '�,� and � a and Tableof the Zoning By Laws. b) Foca 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. i 2. a) Prcmi bsZaffected rlal nbuilding(s) iLepO�LLY __-�' numbcrc, __—_Street.. b) Premises affected are property with frontage on the North ( ) south ( ) I.-ant ( ) went ( ) whir of ^----- --- • Street, and s ------ ., known aNo. - ccUUt. c) Premises affected are in Zoning District _, and the premises affected have an arca of square fcuE and frontage of fccL' . --_--- 3. Ownership a) Name and address of owner (i( joint ownership, give all names): Date of Purchase —__--_Previous Owner FoAh VStlncc,�• Tt-i[z (�l;tl:vrr b) If applicant is not owner, check his/her interest in the premises: __Prospective Purchaser _Lesee `Other (explain) 4..w Size of proposed building:_ front; feet deep.- Height eep;Heightstories; a) Approximate date of erection:—__�—_—___ b) Occupancy or use of cach c) Type of construction: --__------ 5. -__5. Size of existing building: 1Q feet front;_ feet (li:rp: Height_—stories;_—_Leet. a) Approximate date of erection: _ b) Occupancy or use of each floor:__ c) Type of construction:_--__ . G. Has there been a prcvioun appeal, un.lec xonin9, On thcnr:. l'rani.^.r..^,? c•' -- If so, when?----- ?c 7• ' Description of relief soughCon this petition f Y;tiCvni �,1; ( t -t.;pt•.1 �^ PP r1� kB. . Deed recorded in the Registry of Decds in Hook J!1�p page c�3 •.:; Land.Court Certificate No. Book Page ; The principal points upon which"I base_my application are as follows: " ' ..(must be stated in detail) j,��`�'' ` - C ^�, l �`RS � 111th c�. f k " t ' NSr �r.i� f< F2lauC k�il Q disk r,n �95�.'�11Q 01^s�j� pan= 1 dh I I agree to pay the filing fee, advertising in newspaper, and incidental expense (�• i.'. x.11I c,Jkr t Signature of Petitto��etjs - 7. 1 ; Every appli\oation for action by the Board shall be made on a form approved by- the Board. These forms shal.l be furnishes( by the Clark upon request. '• ; Any communlcation purporting to be nn application ahall be trented as more notice of intention to seek relief until such. time-48 it is .made on the . official application form. All information called -for by the Corm shall ' be furnished by the applicant in the manner'g1:arein;:prescribad. •.• Every-application shall be submitted with n list'of'•"Parties In IL:r.crest" . ;which list sthall •Lnclude .tile pel'il•loncc, abutters, owners oC 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 r'y r• ;every. abutting city or town. 'Every application shall be submitted with an application charge cost it, • :the amount' of $25.00. In addition, the petitioner shall be responsible ': ; -for any and all costs involved in bringing the petition before ti,e 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 appcoved by the Board.. No petition will be brought before the no.ardunluss sail plan has been submitted. Conics of the board' s requirements regarding plans arc attached'hereto or are available from the Board of Appeals upon request.' LISP OF PAIt•1'IES IN It7TCHC:;T ' Wh / MM am 00•E 400 � UMw wows Iwo mom frlYll 19x1/ Ir" SUMMARY OF DIMENSIONAL REQUIRP-TENTS Rcs. Res. PCs. Res. Vill Res.gg Pco. Bus. Nun. bus. Pus. Vill - Oen Ind. Ind. Ind. Ind. 1 2 3 4 Res.14 5 7 6 1 2 7 3 4 Comm Rus 1 .2 3 S. lot Area Mla. S.P. 87,120 43,560 25,000 12,500 11,000 43,56a 130,680 25,000 25,000 120,000 80,000 90,000 25,000 00,000 80,000 435,00 50,000 Rcight Kax. (ft) 35 35 35 35 35 35 35 35 35 35 60 40.17 45 55 55 1 55 55 Street Front- age Min.(ft) 175 150 125 100 8513 150 15013 125 125 300 200 200 125 150. 150 150 ISO Front Set- back Min.(ft) 30 30 30 308 25 30 25 30 2.5 100. 50 50••1? 25 50 50 10010 30 Side Set- back Min.(ft) 30 30 20 15 15 25 15 202 252 503 503 25••17 252 503 SD3 20010 202 Rear Sc- back Max(ft) 30 30 30 30 30 30 30 302 302 503 50 25••17 352 503 503 20010 302 Floor Area Patio Max. N/A N/A N/A H/A N/A 0.75:1 0.25:115 0.30:1 0.75:1 0.40:1 1.50:1 N/A N/A 0.50:1 0.50:1 0.50:1 0.SP;1 r Lot Coverage 11 M . N/A N/A N/A N/A H/A 201 201 309 354 301 251 259 351 351 351 351 .0 351 Dwelling unit Density Max/ N/A N/A N/A N/A 4/Aere12Multi 9/Acre12 N/A - N/A N/A N/A N/A N/A N/A N/A N/A N/A Acre familyl2 Tawnhouse7 Open Space 251••16 • Two stories not to exceed 40ft. •• Refer to Sections 8.1(131 and 8.4(6) SECTION 7 DIMENSIONAL REQUIREMENTS i 7l Lot Area . I Minimum lot areas for such uses in each district shall be as set forth in Table 21 Summary of Dimensional Requirements, which is hereby made part of this Bylaw. { As of April 28 , 1986, the area of any new' lot created, exclusive f of area in a street or recorded way open to public use, at least seventy-five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Protection Act, Massachusetts General Laws, Chapter 131, Wetlands PThe proposed structure must be constructed on said Section 40. designated contiguous land area. a and 1. In determining the tauef l man lot f requiredthe inmany ezoning minimum street fron g district, there shall not be included any land within the I+ limits of a street upon which such lot abut even if the fee to such street is in the owner of the lot; except art by a by lot at its street corner is bty-founded in P 75 feet segment of curved line not more than sevensuchllot(which if j in length connecting other lines bounding uired in extended would intersect, the area and frontage req such lot shall be computed and if such potentially ne intersecting lines were so ext ended; but five (75) feet in length is a curved the wholelof more than seventy- ; um area and minimum any one boundary line of a lot, the minim frontage required shall be determinedsuch curvedline. the lines bounding such lot, including (� buildings or with 2 . No lot, upon which is permit has locatedthen anyn issued and is then respect to which a P building, shall be outstanding for the erection of any anner unless said lot subdivided or reduced in area in any street frontage and shall thereafter . fulfill the lot area, yard space requrements of this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no permit shall be issued with building permit or other reference to any of the land so transferred or to the lot(s) retained until all of such laved and ny lots meet t land taken by requirements of this Zoning Bylaw. purpose for which eminent domain or conveyed for a p the land could have been taken shall. not be de hereofemed to be transferred in violation of the provisions I � 70. 7.2 Street Frontage Minimum street frontage shall be as set forth in Table 2 . In no case shall actual street frontage at the street line be less than seventy-five (75) feet. corner lots shall be required to have the required frontage only on one street. 1. Minimum street frontage exceptions for large lots: notwithstanding the above provisions, a lot in any residential district need not have the specified amount of street frontage, provided that: a. The area of the lot exceeds by three (3) times the minimum lot area required for that district; b. The lot has a minimum continuous street frontage of ,not less that fifty (50) feet and a width of not less than (50) feet at any point between the street and the site of the dwelling; C. There is not more than one other such lot with frontage contiguous to it: and d. It is not so located as to block the possible future extension of a dead end street. e. No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7 . 2 .1 (1985/16) 7 .3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2 , except for eaves and uncovered steps. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R-4) District, where the setback from the side street shall be twenty (20) feet minimum. 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2 . The foregoing limitations of height in feet in the i ; designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten (10) acres. 2 . Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3 . Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. 71 . r 4 . And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground. 5. Nor of a manufacturing building a height of eighty-five (85) feet from the ground. 7.4.1 Lot Width The width on any lot created shall have a minimum lot width of fifty (50) feet between the legal frontage and building set back to the front building line. (1985/24) 7.5 Lot Coverage Maximum lot coverage by buildings shall be as forth in Table. 2 . Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 7. 6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. 7.7 Dwelling Unit Density Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2 . 7.8 Exceptions 1. The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5, 000 square feet. f 72. 2 . In Residence 4 (R-4) Districts only, two or more vacant lot, mutually adjoining, may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 91 1957 and the Building Inspector shall ' permit the construction of one single family dwelling on each such 10, 000 square foot lot. 3 . As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch 40A. 4 . As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in M.G.L. Ch 40A. 73. / 73 ° � Any appeal shall be filed V; IL .S+ + 1, 1835 '�► within (20) ;'-YS after flee +srgchub �' date 01` i(:fn� of L iI�5 OfICa ''• •4`' in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS Z-r; BOARD OF APPEALS z o NOTICE OF DECISION L : C-j Date . .November. , 1 25, 991. . . , . . , c Un F v N o Petition 140.. . .172740. . .. . . .. . . . . . Date of Hearing. .11/12. & .2119:1. . . Petition of . . .Mary. Ellen.Os.therr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... . . . . . .. . . . . . Premises affected . 386 .Great. .P.ond.Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .Section,7,. _ . , Paragraph ,7,1. and ,7.2, and Table. 2. . . . . . . . . . . . ... . . . . . . . . . . . I . . . . . . . . .. .. . . . . .. .. . . . . . so as to permit . a. ,variation, of .lot. area.and, street, frontage,. . . . . . .... . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . 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 permit to . .Mary. El 1en.Ostherr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Both lots must be tied into sewer. 2. Lot 1, with existing dwelling, shall tie into sewer within one year from the date of this decision. Signed . . . . . . .Frank Serio,. Jr.,, . aifman. . . . . . . . . . . . .Walter .Soule.. :Clark. . :. . . . . . .. . . . AT=. . . . . . .Raymond .Vivenzi.Q . ... . . . . . . . . . . . . A Tree Copy ' . .Anna Q'.Connor. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Clerk Board of Appeals A: CD Any appeal shall be filed i� °F"O",T",ti Wlthin (201 d8ys after the z ; o a °m date of fii!ng of this Notice in the Office of. the Town --6`, Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mary Ellen Ostherr * Petition #172-90 386 Great Pond Road North Andover, MA 01845 * DECISION * The Board of Appeals held a regular meeting on November 12, 1991 continued to a special meeting on November 21, 1991 upon the application of Mary Ellen Ostherr requesting a variation from the requirements of Section 7, Paragraph 7. 1 and 7.2 and Table 2 of the Zoning Bylaw so as to permit relief from lot area and street frontage on the premises at 386 Great Pond Road. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and John Pallone. Upon motion made by Mr. Soule and second by Mrs. O'Connor the Board voted unanimously to GRANT the variance as requested with the following conditions: 1. Both lots must be tied into sewer. 2 . Lot 1, with existing dwelling, shall tie into sewer within one year from the date of this decision. The Board finds that the granting of this variance will not adversely affect the neighborhood or derogate from the .intent and purpose of the Zoning Bylaw. The Board finds that this lot located immediately adjacent to the water treatment plant, is subject to special circumstances not affecting other lots in the area, and that the petitioner is suffering a hardship as a result. Such circumstances include noise, light and activity, and as applied to this long narrow lot create conditions sufficient to warrant thelvariance requested. Dated this 25th day of November, 1991. BOARD OF APPEALS Frank Serio, Jr. 0 Chairman F :) Received by 'rown CLerk: R€EaIVE1 DANIEL U-MG TOWN ''1 ;K NORTH e 4'�,OVER- i TOWN OF NOR'rIf ANDOVER, I MASSACHUSETTS BOARD BORD OF APPEALS i T 41 1i 17 s i APPLICATION FOR RELIEF FROM 'rilE REQUIREMENTS OF THE ZONING ORDINANCE - -- --� ----- Applicant Q r [ Address 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph and Tablc '_S,_of the Zoning By Laws. 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. f 2. a) Pr?emmalL$e.s/Naff_f�e-ctedar�pk lat<I_ and building(s ) A-' _numbcred Street. • _ b) Premises affected are property with frontage on the North ( ) South ( ) last ( ) went ( I side of Street, and known as No. Street. C) Premises affected are in Zoning District----, and the premises affected have an area of square feet and frontage of Leet. -- ---- 3. ownership a) Name and address of owner (if joint ownership, give all names ): r kI G��F, ' �Tl It_ ��� Date of Purchase-L7")--------Previous Owner l_rl i l �7$��Qf C tai b) If applicant is not owner, check his/her interest in the premises: _-Prospective Purchaser _—_Lesee `Other (explain) 4v Size of proposed building:`_ front;_ feet deep; " ))eight stories; Ccet. a) Approximate date of erection: b) Occupancy or use of tach floor: c) Type of construction: ____ ....... -.-- ,. S. Size of existing building:- 7 feet front; fcet rl :epr Height_--a`--stories;_--_Leet. '' `• ' ? a) Approximate date of erection: b) Occupancy or use of each floor:---_—___— c) Type of construction:_.......... G. Has there been a previous appeaL , una,:r zoning, on them: Iremiser.? If so, whcn7—__--- • ! 7Descri tion of relief sought on this petition + ',err �' + r•. ^`;1'L . '.. P 9 P f•�• 11. � �' kB.f.`Deed recorded in the Registry of Deeds in Dook ,lp Page .: Land.Court Certificate No. [cook Page ajrry: The principal points upon which I base my application are as followsi ; (must be,stated in detail) • ' .' wc .,,rL `'1'.\ PI ',i' or, � • ' Ir PIZ' . 14 0 Jr, I agree >So pay the filing fee, advertising in newspaper, and incidental expenses( i'. _4g ure of Pctlt1or or s — Every applil tion for' action by the Board slr:fll be made on a form approved ; by- the Doard. These forms shall be furnishes) by the Clerk upon request. d Any communication purporting to be an application shall be tronted as mere notice of intention to seek relief until such time •as it is .made on the , :. Iofficial application form. ALL information called -for by the form shall ' be furnished by the applicant in the manner 'l,herein;:prescribed. ) .Every-application shall be submitted with n lint' of .1Parties in Interent" . ;which list shall include .the petitioner, abutters, owuern of land directly !opposite on any public or private street or way, and abutters to .the . ;abutters ;wit1iin' three hundred feet (300' ) of the property line of the 'petitioner as they apoear , 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 [bard 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.;,,` r'r Such costs shall include mailing and publication, but are not necessarily.. 'T .limited to these. ? Every application sha1L be submitted wit), a plan of land approved by the ;; Board. No petition will be brought before the 11oard uules said plan has been submitted. Copies of the noard's requirements regnr4ing plans are attached hereto or ace available from the Board of Appeals upon request. 1 LIST OF PARTIES IN INTEREST 1 Usk n/�x f' �ge •:.� A LIST OF PARTIES OF INTEREST SUBJECT PROPERTY MAPPARCEL ADD LOT NAME RESS 37 3.0140 yj 1� 1 j ABUTTERS MAP PARCEL LOT NAME ADDRESS 37 A 4,46 N. 27A .44 -t- Q ► fC w ud�c, 370 A .o wC a i 36 .o HAYES ENGINEERING, INC. 603 SALEM STREET WAKEFIELD, MA 01880 NOA-0040 (617) 246-2800 REFER TO FILE#-- FAX -FAX (617) 246-7596 August 6, 1990 Mr. Daniel Long - Town Clerk 120 Nain Street North Andover , MA 01845 RE: Submission of a Form A Application for Property Located in the Vicinity of #777 Great Pond Road Assessors ' Map 103 - Lots 20 , 116 and 117 Dear Mr. Long : Pursuant to General Laws, Chapter 41, Section 81P and Section II C of the Rules and Regulations Governing the Subdivision of Land of the Town of North Andover , you are hereby notified that on August 6, 1990 , a Form A Application, with a plan entitled "Plan of Land in North Andover , mass. "; owned by S.J.J. Trust; dated July 10, 1990; and prepared by Hayes Engineering, Inc. ; was submitted to the Planning Board for the endorsement: "Approval Under the Subdivision Control Law Not Required" . Attached hereto is a copy of the Form A Application. Very truly yours, va60 t., kl-�) 1 William R. Bergeron, P.E. Project Engineer WRB/dab Enclosure NOTE: THIS FORM IS BEING SUBMITTED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. CERTIFIED SLIP #P 100 868 088.