HomeMy WebLinkAboutMiscellaneous - 1 Berekley Road (2)Fo- j t , Z) -j
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TOWWOF
NOR19 ANDOVER
BOARD OF APPER
NOTICE
FebruaryS,1985
Notice is, hereby given that the
Board of Appeals will give a
hearing At the Town Building',
North..: Andover,'. on. ondiy
evehing,'theMth day of arch
1985, -al 7:30-0�clock, to all par-
ties interested in the Appeal of
ROBERT E'. ELLIOT requesting
the removal ot'a 6ndition,of a
previous *decision of the Zoning'
Board. of Appeals which stated
that no other dwellings may,be
erected on.the lot and that the
sitemust be maintained as one
lot on the prernises, located at,
the South side of Bukeley'Rd.
known �as, I Berkeley Rd..
By Order of the, Board of Ap-
peals.
Frank Sdrio. Jr.
Chairman
Publish N.A. Cjtizen�: February
14 and 21,, 1 985 d27
.140
p
•o:•�. ��
CH13
�
TOWN OF NORTH AN.DO,VER ' ,' ' -
;
3Y
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Fe.brua ry..5..19..85
-
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on ....Mon d a y
e .v.e n . n g ...... the .1.1.t hday of .......1•1 a r c: h
19 85. , at. 7.:. 3Qlock, to, all parties interested in the appeal of
............ROBERT E. ELLIOT
requesting A(#aKrlta i*n)o9 ism x X X X x x x.x X x.x x x.p>' AbVxZMji 0gx .
xByx LX* ISd("topennit ... t he ..r.e mo v a .1. • o f. • a co n d' i t -i •o n
Q f. a.,pr:evi.ous.,de.cis.i.on..of. .the..; ).nin.g.B'oard of
. A.ppe.a-1 s..wh.i.ch.,.s t.ate.d . that. no• -oth-er' 'dwe•1.1 i ngs
may be erected on..t.he.J.ot..and..th.at..the. site must
be . maintained ....as..one.. lot ......... .
on the premises, located at. t.h e S out h s i. de o f B e.r k e .ley Rd.
k.now:n.. as.. 1..Be.r.ke.1-ey..R d ..........................
- By Order of the Board of Appeals
By: Frank Serio, Jr., Chairman
PUblish: Citizen: February 14 and 21, 1985
Send bill to: 'Robert E-11iot ,
1 Berkeley Rd:
No., Andoer, Mass.
Recei v�d by Town C., t0 o
_ tTANI�L LQNO
Date: TbWN{ 1COF NORTH ANDOVER,, MASSACHUSE ,-TS .
---NORTH WORW1 BOARD OF APPEALS
Ti rie :.
JAN�tiae3S application must be typ wri tten
O� NOR1k
o
:.
Iva
d�cNWUS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF T,.E ZONING ORDINANCE
Applicant Robert F Elliot Address 1 Berkeley Road
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 Paragraph of the
Zoning By -Laws.
(c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority.
(d) For removal of condition of previous decision of N.A. Zoning Board of Appeals.
2. (a) Premises affected are land X and building(s) X numbered.
1 Berkelev Road Street.
(b) Premises affected are property with frontage on the North ( )
South ( X ) East ( ' ) West ( ) s i de of Berkeley :Road
Street, and known as No. 1 .Berkeley Road Street.
(c) Premises affected are in Zoning District lz-4r_,'and the premises
affected have an area of 25,304 square feet and frontage of
360.7 feet.
3.- Ownership
( a )
( b )
Name and address of owner (if joint ownership, give all n*ames):
Date of purchase Previuus-Owner
If applicant is not owner, check hi's interest in the premises:
__Prospective Purchaser _ Lesee Other (explain)
b
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: feet front;
Height: stories; feet.
{ (a) Approximate date of erection:
(b) Occupancy or use of each floor:
(c) Type of construction:
feet deep;
6. Has there been a previous appeal, under zoning, on these premises? Yes I
-
If s o , when? August 13, 1970
7. Description of relief sought on this petition Wish to have previous decision
-.amended to allow land to be divided into two legal buildinQ;.r
8. Deed recorded in the Registry of Deeds in Book Page or
Land Court Certificate No. Book Page
. . 0
The principal points upon which I base my application areas follows:
(Must be stated in detail)
✓ ndover Zoning hoard of Appe.&ls the land to one dw llin& is no longer
necessary, akid f)revents the le%al use of the land in question.
I agree to pay
for
advertising in
newspaper and,incidental
expenses --
Petitioner's
Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall oe 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 in-
formation 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 of the property
line of the petitioner as they' appear on the mc -,t --recent applicable
tax list, notwithstanding that tie land of any uch owner is located
in another city or town, the Planning Board of: he city or town, and
th:2 Planning Board o` every abutting city or t. -,'n.
* Every application shall be submitted with an apilication charge cost
in the amount of $25.00. In addition, the'peti-ioner sh,1311 be respon-
sible for any and all costs involved in bringin; the petition before
the Board. Such costs shall include mailing inL publication, but
are not necessarily limited to these. ,
LIST OF PARTIES IN INTEREST
Name
/Robert C. Jr. & Virgini.a Leyland
,-"Oak Trust, John McGarry, Trustee
/,Anibr_ose Develo[xnent
/Nicholas M. & Eileen Debitetto
✓Fla.tley Management Co.
k` tussell C. & June S. bodge
VJean4�2 Eveleth
Address
312 Turnpike Street, N,A,
60 Chestnut Street, N.A.
140 Wood. Road, Braintree 02184
Berkeley Road, N.A.
P.O.Box 226, 150 Wood Rd., Braintree 02184
19 Tolland Road, N.A.
Berkeley Road, N.A.
,-L�y Realty Trust, Charles F. Dalton, Jr. 68 Park Street, Andover 0181.0
AV
_ 1
(Use additional
sheets if necessary)
►>``ORTly Any appeal shall be filed
r N...•
R. �14,
within (20) days after the
QA.'"IE1L IL014G .4: t°:'�date of filing of this Notice
NUM �, jai, fyR : •' pass in the Office'of the Town
85 •►sqc„��;,� Clerk. --
MAI Z.p Cry' ••..�•�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS s
- i
NOTICE OF DECISION
• i
Date ....i`sarch 15, 1985
Petition No.. 117 8.5 ............... I
l
Date of Hearing. .March. 11.,. 198,5 i
`I
Petition of ROBERT ELLIOT
................................. ......................
Premises affected
1 Berke ley .Road .:................................................
Referring to the above petition for the. xemova.l .
j
of,.a. condition.. fr.om..a . 1.9 70.. decision of.. the. Board-of. Appeals .........
i
so as to permit the division of . l..Be.rkeley .R.oad..ln.to..tvo..lo.ts.....
...........
After a public hearing given on. the above date, the Board of Appeals vot
,d to .remove ... the
condition
x�t��caatkno�acBxioti�xi��xx ii
fox..:.............. ............. :............ ..........
fox A6ocmnakmtioR >v�kA>ex&boxctxmrjw *xwA xnmmkwAW c )omRdWwwA
Signed
Frank Serio, Jr.,,Chairman
Alfred E. Frizelle, Es,q.•,- Vice. .Chairman
William .J.. SullivFin . . .
Walter .F.,Soule .
Board of P ppeals
l
r
. I
,., RECE1"0 Any appeal shall b� filed7.'�I'rIE� L;0,4 G „°RTS within (?..0) da
fQ •, ys after the
NOPTi ,' E ";VER ;: °p date Of firing of this Notice
MARII j,
cS : s in the Office of .the Town-'
AM 85 ... `= Clerk. -
�s34cNus�t
TOWN. OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
March 15, 1985
Mr. Daniel Long, Town Clerk Robert Elliot
Town Office Building 1 Berkeley Road
North Andover, Mass. 01845 Petition No. ll -'85
Dear Mr. Long:,
The Board of Appeals held a public hearing 'on Monday evening,
March 11, 1985 upon the application of Robert Elliot. The hearing
was advertised in the .North Andover.Citizen,on 1.7ebruary 14 and 21,
1985 and all abutters were notified by reguler mail. The
following members were present and voting: Frank Serio, Jr.,
Chairman; -Alfred E._Frizelle, Esq., Vice Cha.ir,aan William J. ,
Sullivan; and Associate Member Walter F.. SOLie.
The petitioner seeks the removal of a condition from a previous
decision of the Board of Appeals for a parcel or land located on
the South side of Berkeley Road known as 1 Berkeley Road, located
in the Residential -4 (R-4) zoning district.
Mr. Elliot testified that the lot in question was previously owned.
by his . mother and that a setback variance was granted in 1970
allowing the construction of the existing dwelling on the lot.
The reason for the variance was that the parcel was extremely wet
and the dwelling could not be placed elsewhere on it. At the time
the variance was.granted, the minimum lot size requirement was s
25,000 square feet. The district has since been changed to R-4,
requiring 12,.500 square feet per lot. The lot contains 25,305
square feet and the applicant proposes to. subd,vide it into two
lots r
The previous condition stated "that no other dwellings may be
erected on the lot and the site must be maintained as one lot".
This condition prevents the applicant from divi6ing the lot.
He further testified that the parcel' in questioiA-is completely dry
since it has been drained as the result of dr:ve'.opment around it.
�x
No opposition was voiced at the hearing.
Robert Elliot DANK. �. _'14G
�� ,A `=RK
1 Berkeley Road NORTH �,'NVOVER
'Petition No. ll -,'85
March 15, 1985 MAR 21 1.155 it, 85
Page 2
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the
Board voted unanimously to remove the condition from the 1970
decision of.the Board of Appeals, thereby enabling the petitioner,
to subdivide 1 Berkeley Road into two lots,. consisting of Lot A
with 12,555 square feet which contains the existing dwelling and
Lot B with 12,750 square feet, in accordance with the plan
submitted by the petitioner.
In removing the condition, the Board finds that. the previous
reason for maintaining the lot as one no longer exists and that
the existing dwelling on Lot A, which contains adequate area and
frontage, has existed for some time with no detriment to the
neighborhood and that the proposed dwelling on Lot B will be
situated on a lot which meets all requirement:, of the current
zoning laws.
The Board further finds that denial of the req.%est would create a
financial hardship to the petitioner since he would be denied .the
opportunity for a buildable lot which doF,_-� not require any
variation from the Zoning By Law.
Siacerely,
,i
'
BOARD OF APPEALS
,C-
Frank Serio, Jr.,
Chairman
3w
(plan to follow)