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Home My WebLink AboutMiscellaneous - 2,5,6 Liberty Street i CI z oN 5-2f 2N.:7c 2e 7qg 1<77 77 �s �1 �� 2 7 9 �9/r 9107 t .. '! �.. , .... r a ��^� -„rd.AF.sT • Q �� p� \�' C �`� -- P �� r ��' t � � `(n r �� ', Legal Notice,- r 1 TOWN OF NORTH ANDOVER MASSACHUSETTS BEARD OF APPEALS NOTICE f e tloRrh •f _S• 0 9 i # ; October 11,1988 Notice is hereby given that the Board of Appeals `will give a hearing at the Town Building,North An- dover, on Tuesday evening the 1st day of November,at 7:30 o'clock,to all parties interested in the appeal of Mary F. McCarthy requesting a variation of Sec.7,Para. 1 and Table 2 of the Zon• ing By Law so as to permit renef from two-acre zon- ing requirement on the premises located at Lots 4, 5,6 Liberty Sl.and Lot 7 Sharpeners Pond Road. By C.l N the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen Oct. 13 and 01. 20,1988 704'r Legal nonce TOM OFNARTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE � NORTI� October 11,1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North An- dover, on Tuesday evening the 1st day of November,at 7:30 o'clock,to all parties interested in the appeal of Mary F. McCarthy requesting a variation of Sec.7,Para. 1 and Table 2 of the Zon- ing By Law so as to permit relief from two-acre zon- ing requirement on the premises located at Lots 4, 5,6 Liberty St.and Lot 7 Sharpeners Pond Road. By Order of the Board of Appeals Frank Serio.Jr.,Chairman Publish in North Andover Citizen Oct. 13 and Oct. 20,1988 70404-5 ouawnt.onwayCUM nut iut;aw ill'; cart. 8:50 p.m.Nancy Breen,Courtney's Restaurant,Turnpike Street, reported the walk-in cooler's docl4ad irren broken off its hinges again, and she requested extra checks on Saturday night. Monday, Oc- tober 17, 10:35 a.m. Officer Daniel J. Quinlan reported an oversized load had pulled down telephone wires in front of 387 and 477 Massachusetts Ave. The iedsclass 5000� -4 ARTICLES► white rabbit coat, Nettlecreek twin spread (pink, peach, jade),other household items. Can be seen Fri., Oct. 7, 1 to 8 p.m., or Phone 475-0530.Directions:Rt.125 to State Police to Gould to Farrwood to#10 Mohawk, Andover. B9722 FLUTE WITH CASE— excellent condition, $125.Atari 260014 games and case,$100. Toro^electric snow shovel, $40. Call 7n,),Ao LCya1 11UUGG TOWIrI OF NORTH ANDOVER 'IMASSACHUSETTS p L.:QW OF APPEALS 7W NOTICE gORTy Of tea•� '�'1. F=•��+tea OM .9 x October 11,1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North An- dover, on Tuesday evening the 1st day of November,at 7:30 o'clock,to all parties interested in the appeal of Mary F. McCarthy requesting a variation of Sec.7,,,=^s MIJ.00.a e 2 of the Zon- ing By taw so as to permit relief from two-acre zon- ing requirement on the premises located at Lots 4, 5,6 Liberty St.and Lot Y Sharpeners Pond Road. By Ork of the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen Oct. 13 and Oct. 20,1988 70404-5 Complete lows ma%tenonce by Myles Cawanette Landscaping • Fall cleanups • Mulch • New lawn installation • Tractor work • Railroad tie walls • Brick walkways U-r-8588 GOOD f; :1 •; 1886 :. ii TOWN OF NORTH ANDOVER MASSACHUSETTS ! BOARD OF APPEALS NOTICE t October. .11 . .1988 Notice is hereby given that the Board of Appeals will give a , hearing at the Town Building,North Andover,on. Tuesday i evening 1st Novermber ` . . . . . . . . . .g. . . . . . the . . . . . day of . . . . . . . . . . . . . . . . . . . . . . 19. 88 , at.7:3&clock, to all parties interested in the appeal of . . . Mary "F: McCarthy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . requesting a variation of Sec.. ].,. .Para.. 1. and .of the Zoning Table 2 By Law so as to permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . relief .from .two-acre. zoning. requirement. . . . . . . . on the premises,located at. Lots 4,5,6- Liberty. St. -and . . . <` Lot 7 Sharpeners Pond Road By Order of the Board of Appeals Frank Serio, Jr. , Chairman Publish in North Andover Citizen Oct 13 and Oct 20, 1988 ' �1JY1'• CG.EttK � NORTH 9 O Eo SA CENLIS. 5 TOWN OF NORTH ANDOVER Any aon^ai sllc`!l be filed MASSACHUSETTS wit!-in ( (), '-f -r the date of J ;,f t:;is i'ot°ce BOARD OF APPEALS in the Office of the Town Clerk. Mary McCarthy * Petition 424-89 290 Johnson St. N. Andover, 01845 * DECISION The Board of Appeals held a Public hearing on Tuesday evening, December 13> 1988 upon the application of Mary McCarthy requesting a variation from the requirements of Seciton 7, Paragraph 1 and Table 2 of the Zoning ByLaw so as to permit relief from the two acre zoning requirements on the premises located at Lots 4,5,6 Liberty Street and Lot 7 Sharpener Pond Road. The following members were present and voting: Frank Serio, Jr. , Chairman, William Sullivan, Walter Soule and Louis Rissin. The hearing was advertised in the North Andover Citizen on October 13, 1988 and October 20, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Soule and seconded by Mr. Sullivan, the Board voted, unanimously, to GRANT the variances as requested subject to the following con- ditions:Lots 4,5,6 become two (2) two-acre lots on Liberty St. and Lot 7 one (1) buildable lot on Sharpener Pond Road provided new plot plans be submitted to the Board showing this. Variance for area of Lot 7 on Sharpener Pond Road is also granted. The Board finds that the petitioner has satisfied the provisions of Seciton 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not derogate from the intent and purposes of the Zoning ByLaw nor will it adversely affect the neighborhood. Dated this 16th day of December, 1988. BOARD OF APPEALS Frank Serio, Jr�/ Chairman /awt M �O ►ssgCHU9�'�� TOWN OF NORTH ANDOVER MASSACHUSETTS s,��i be f ij ed Any appy } ,ire af. e� C BOARD Of APPEALS date o; �i `L:1 Town in the Off ice. 01. the NOTICE OF DECISION Oierk. ''� Mary McCarthy December. 16, 1988 290 Johnson St. Date . . . . . . . . . . . . . 16 . . 1 . . . 8 . . . . . . N. Andover, MA 01845 Petition No.. . . . . .24-89. . . . . . . . . . . Date of Hearing. . December j1j . 1988 Petition of . . . .Mary.McCarthY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .Lots. .4,5,6. Liberty. Stx.e.et.arid. .Lot .7. $hAKPener. i'ond .Road. . . . . . . . . . Referring to the above petition for a variation from the requirements of -Section. .7, . . . . . Paragraph 1 and Table 2 of the Zoning ByLaw so as to permit .retie . from- two -acre- zoning.requirements. . . . . . . . . . . . . . . . . . • • . . . . . . . . • After a public hearing given on the above date, the Board of Appeals voted to . . OFT. . . : the variances . . . . . and hereby authorize the Building Inspector to issue a permit to . Mary.McCarthy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Lots 4,5,6 become two (2) two-acre lots on Liberty Street and Lot 7 one (1) buildable lot on Sharpener Pond Road provided new plot plans be sumitted to the Board showing this. Variance for area of Lot on Sharpener Pond Road is also granted. Signed . . . . . . . .Frank. Serio,. Jr...,. .Chairman . . . . . . . . . . . . . .William .Sullivan . . . . . . . . . . . . . . . . . . . . . . . .Walter. .Soule. . : . . . . . . . . . . . . . . . . . . . . . . .Louis. Rissin. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . I . . . . . . . . . . . . . . . . . . . . . Board of Appeals otrr • i� �°-: Ar�a1n �� C • 1 �•. 1855 • ' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Mary McCarthy Date December 16 1988 290 Johnson St. • • • • • • N. Andover, MA 01845 24-89 Petition No.. . . . : . . . . . . . . . . . . . . . Date of Hearing. . December J1 , . 1988 Petition of . . . .Mary.McCartby. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .Lots. .4,5,6. Uberty. Stx.eet.apd. Lot .7. 5hAuqur. FArid .itoad. . . . . . . . . . Referring to the above petition for a variation from the requirements of AM .S e c t ion, .7., . . . . . Paragraph 1 and Table 2 of the Zoning ByLaw . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief. •from two •acre• zoning•requirements. . . . . . . . . . . . . . . . . . • . . • • . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . GRANT. . . : the variances . . . . . and hereby authorize the Building Inspector to issue a permit to • Mary McCarthy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Lots 4,5,6 ecome two (2) two-acre lots on Liberty Street and one (1) buildable lot on Sharpener Pond Roa eovided new plot plans be sumitted to the Board showing this. Variance for area n Sharpener Pond Road is also granted. Signed . . . . . . . .Frank. .Serio,. Jr...,. Chairman . . . . . . . . . . . . . .William .Sullivan . . . . ... . . . . . . . . . . Walter. -Soule. . . . . . . . . . . . . . . . . . . . l . . . . . .Louis Rissin. . . . . . . . . . . . . . . . . . . . . . . . . . .B . ..4 : . . . . . . . . . . . . . . . eard o f Appeals November 1, 1988 John & Kathy Longo 10 Liberty Street North Andover, MA 01845 Mr. Frank Serio, Jr. Chairman Town Board of Appeals Town Hall North Andover, MA 01845 Dear Mr. Serio: We are sorry we cannot attend tonight's meeting, however, please accept this letter in our absence. We would like to be placed on the record as being in opposition to the variance sought by Ms. Mary F. McCarthy for relief from 2 acre zoning for lots 4, 5, and 6 on Liberty Street and Lot 7 on Sharpener's Pond Road. This is a heavily wooded and remote area selected by us based on the natural beauty of the setting and the degree of privacy offered. A variance with regards to the size of this property will compromise these positive aspects and create a negative impact on the environment. We respectfully request that after carefully reviewing all issues, your committee decides to disallow the variance in this case. Thank you for your consideration. Sincerely, ohn Long & Kathy Longo Board of Appeals Town of North Andover 120 North Main Street North Andover, MA 01845 Re: Petition of Mary F. McCarthy for Variance Dear Members of the Board: I am a neighbor living in the vicinity of Lots 4, 5 and 6 on Liberty Street and Lot 7 on Sharpners 's Pond Road owned by Mary F. McCarthy and Bernard Albers. I fully support their request for a variance from the two- acre minimum lot size requirement. All four lots are over an acre in size and are consistent wth the character of development in the neighborhood. I see no detriment to the neighborhood or the Town from development of these lots in a manner consistent with the rest of the neighborhood. Very truly yours , Lr aid Ad. ress : 440-'f 69. GP J62 , Board of Appeals Town of North Andover 120 North Main Street North Andover, MA 01845 Re : Petition of Mary F. McCarthy for Variance Dear Members of the Board: I am a neighbor living in the vicinity of Lots 4 , 5 and 6 on Liberty Street and Lot 7 on Sharpners 's Pond Road owned by Mary F. McCarthy and Bernard Albers. I fully support their request for a variance from the two- acre minimum lot size requirement. All four lots are over an acre in size and are consistent wth the character of development in the neighborhood. I see no detriment to the neighborhood or the Town from development of these lots in a manner consistent with the rest of the neighborhood. Very truly yours, Address): v °F Nonrh � OFFICES OF: o °m Town Of 120 Main Street APPEALS NORTH ANDOVER NorthAnticwer, 13UII.I)ING M�ISSM..' S(11S O)184G CONSERVATION es^C""Bes DIVISION t)I W 1 7)6854775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, UIRE�_:C"1-011 MEMORANDUM TO: Bob Nicetta, Building Inspector Scott Stocking, Town Planner Stephen Madaus , Environmental Coordinator D /, 1 ,l. FROM: Karen H.P. Nelson, Director D C ' J/ DATE: July 28 , 1988 RE: Grandfather Clause Common Ownership Single/Two Family Residence Lots After some discussion with Don Schmidt at EOCD and Elizabeth Lane of Koppelman & Paige, the following conclusion and legal opinion has been rendered regarding Common Ownership Residential Lots that do not meet the current zoning requirements . Mass General Laws , Chapter 40A, Section 6 references the pre-existing non-conforming lot exemption clause which was written into law in 1980 . This is the only grandfather protecting in the statute that commences from the date the zoning change is voted in ( ie. Town Meeting) ; The grandfather protection last for five years from the above date; No more than three common ownership lots in a row are protected from the zoning change. Obviously, as the statute reads , the lots held in common ownership must conform to existing zoning requirements as of 1/1/76 , and had less area. . . . . . than the newly effective zoning requirements . The ANR Plan for said lots should have been recorded or endorsed prior to the zoning change to qualify. I am available for further discussion if needed. cc: Paul D. Sharon, Town Manager OF NOFTi19 OTown of OF: � °, I' c)ht<iin Strut a North Andover, APPEALS ; o�.x�..:`: NORTH ANDOVER ivu_DInc SS4SESVSS )CI) SCtis U I H45 CONSERVATION 1)IVISION OF ((i 17)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT �d KAIzrN I LI1. NFLSON, , y MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking, 'F A--P�lanner DATE: October 20, 1988 RE: Mary F . McCarthy Variance for Lot Area of Lots 4, 5, 6 Liberty Street & Lot 7 Sharpners Pond Attached please find my last memo to you dated August 24, 1988, for a previous application by Mary McCarthy. Staff still maintains that a grant of the variance requested are not supported by a physical condition or a real practical difficulty in actually developing the property, except for the fact that the zoning law has changed and the applicant did not adequately protect herself as allowed by State Law. Staff would strongly th g y ur e g e Board to consider theract p ical effect a grantingof a variance in this case would create for future zoning enforcement in the Town. F. Of, OFFICES Or: o °m Town of 120 Mein Street APPEALS : off.:=,: NORTH ANDOVER North Andover, BUILDING 0 Mi)SSi1ChIIS(-11S o 1845 CONSERVATION s@�CHU5 DIVISION OF (617)685-4775 HEALTH Co PLANNING % PLANNING.& COMMUNITY DEVELOPMENT ► KAREN H.P. NELSON, I)IRECI.OR l}/ MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking,,4"lanner DATE: August 24 , 1988 RE: Mary F. McCarthy Variance from Z" Acre Zoning The Board should be advised that the applicant has proceeded and PP has a "Form U" sign off for Lots 1 , 2 , and 3 from my department for purposes of obtaining a building permit for the lots cited. Staff urges the Board to read the July 28 , 1988 memo from Karen Nelson, Director, PCD, regarding Form A grandfathering issues pertaining to this issue. It appears that the law is clear on this matter, and that Lots 4 , 5 , 6 , and 7 do not meet current zoning regulations requiring 2 acre lots . The applicant is requesting a substantial variance in lot area from the current lots which contain little over 1 acre from the 2 acre zoning requirement without a substantial hardship as outlined in Chapter 40A, Section 10 . Section 10 calls for determination . by the Board regarding circumstances relating to the soil condition, shape or topography of the land effected but not effecting other land contained within the zoning district in which the lots are located. What is at issue here is the applicant did not protect these lots as required by State Law as specified in Chapter 40A, Section 6 , and now wants the Board to grant her permission to proceed with construction on the "non-grandfathered" lots anyway. Staff cannot find a compelling reason to do so, since the Town has rezoned the area to require two acre lots and the intent of Town Meeting should be upheld in this instance . Staff consistantly finds it difficult to enforce the will of Town Meeting by the State Law provisions which allow individuals to "escape" the changes wished by the Town by the filing of Form A Plans . In this instance, the Board should follow the wishes of the community upon failure to find a physical reason of the land invloved which places a clear and substantial hardship on the applicant. Rdcefved by Town Clerk: R(=��1`JED DANIEL LONG TOWN CLERK NORTH "',"OVER Oci I 1 12 O6 PN 188 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Mary F. McCarthy ___Address 290 Johnson Street, Nortli AnCover, MA 1 . Application is hereby made: a ) . For a variance from the requirements 'of Section 7 Paragraphl and Table 2 —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. 2 . a ) Premises affected are land __X_ and building (s ) _numbered Lots 4L5�6_L_i_ber_tStreet Street . Lot 7 Sharpners Ponce Road-- ____ -- b) Premises affected are property with frontage on the North ( )f South Last (X ) west side ofL ' bert St. a d E t Side oms_ -Street , and known as No. Street . c ) Premises affected are in Zoning District R_l , and the premises affected have an area of square feet and frontage of feet . Lot #4, 57.1 3—S—F. 150 ' Frontagge Lot #5, 63 , 784 S.F. 242. 63 FronEage Lot #6, 58,561 S.F. 173. 04 Frontage 3 . Ownership Lot #7, 68, 019 S.F. 211 . 16 Frontage a ) Name and address of owner ( if joint ownership, give all names ) : Mary F. McCarthy, 290 Johnson Street, North Andover, MA Bernard A. Albers, 1 Elsmere Avenue, Methuen, MA Date of Purchase Approx._ 1_9_22 Previous Owner Anna L. Albers , Mother --�— Inherited b) If applicant is not owner , check his/her interest in the premises : —Prospective Purchaser — Lesee Other (explain) 44 Size of proposed building: N/A front ; feet deep; 11 Height stories ; feet . a ) Approximate date of erection: N/A b) Occupancy or use of each floor : N/A c.) Type of construction: N/A ------------- 5 . Size of existing building•—N/A feet front ;_ feet deep; Height stories ; feet . a ) Approximate date of erection: N/A b) Occupancy or use of each floor : r c ) Type of construction: G . Has there been a previous appeal., under zoning, on these premises? If so, when? n�eex� w��,J 7;,' Description of relief sought on this petition '5eeking area .variance frorh two-acre zoning requirement. 8. Deed recorded in the Registry of Deeds in Book 508 Page 217 Land Court Certificate No. None Book Page The principal points upon which I base my application are as follows : (must be stated in detail ) f: Petitioners acted "in good faith when the land was- subdivided into one plus acre lots in 1986. The understanding was that all lots would be grandfathered • ..'.; in, if there ever was a change in the zonin�quirements. The waxthe lots 777( , d be arranged be difficult to comply b-e—ca-use•.•Lot #7 . is situated to the r r e o�ie-`Tots crew ing`an unusual-sit�ion. See o er reasons in a ached memorandru I agree to pay theiling fee, advertising in newspaper , and incidental • ' expenses* —signature-of Peti do ek (s ) Every application for action by the Board shall be made on a form approved . by- the Board . These forms shalt 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 i 'is . made on the official application form . All information called for by the form shall be furnishes] by the applicant in the manner �herein,.;: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, notwithstandingthat the land of an such owner is located in another cit Y Y :• j,:i or town, the Planning Board of the city or town, , and the Planning Board of �c'�:} every abutting city or town. '' �'' r•''' *Every application shall be submitted with an appl.ieation charge cost in - the n -the amount of $2.5 . 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, '' ::� s'7, { 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 ` See attached list. :•1,11';� (use additional sheets if ' necessary) i �. L i TOWN OF NORTH ANDOVER BOARD OF APPEALS PETITION OF ) LOTS 4,5,6 LIBERTY STREET MARY F. McCARTHY and ) LOT 7 SHARPNER'S POND ROAD BERNARD A. ALBERS ) This is an application for a variance from the minimum lot area requirements in the R-1 zoning district for four lots on Liberty Street and Sharpner's Pond Road known as Lots 4, 5, 6 and 7. The lots are shown on a plan entitled "Plan of Land in North Andover prepared for Mary McCarthy" , dated January 22, 1986 and prepared b Christiansen Engineering, Inc. The lots were created Y by endorsement by the Planning Board in January, 1986 of an "approval not required" plan, which was recorded on January 29, 1986. At that time , the lots were in an R-2 zoning district with a minimum lot size requirements of one acre. The lots range in size from 56, 143 square feet to 68, 019 square feet, or well over an acre and a half. The May 4, 1987 Town Meeting adopted Articles 8 and 9, which changed the minimum lot size in R-1 zoning 9 districts from 1. 5 acres to 2 acres and rezoned certain areas, including the subject property, from R-2 to R-1 rendering lots 4 , 5, 6 and 7 nonconforming. . s The lots in question are part of a parcel of land I that has been in the petitioners' family since I approximately 1922. The lots were created with an ANR plan in the good faith expectation that they conformed to applicable zoning requirements and that they were consistent with the neighborhood, which is primarily an area of one acre lots. The conditions for the granting of a variance in Mass. Gen. Laws Chapter 40A, Section 10 and Section 10. 4 I of the Zoning By-law are met: l Owing to the unusual V-shape of the parcel as a whole, it would be difficult or impossible to form a marketable lot with frontage on Sharpner's Pond Road which complied with the two-acre minimum lot size requirement. The resulting V-shaped lot would be so awkward as to make much of its land area unusable to an owner. Potential buyers would likely be unwilling to pay the price required for square footage which is relatively inaccessible or unusable. The unusual condition just noted is peculiar to this parcel and not to the neighborhood in general. Because of this unusual condition a literal reading of the By-law lot area requirements will involve lThe By-law refers to "soil conditions, slope, or topography" as conditions which must uniquely affect the land. G.L.c. 40A, 510 refers to soil conditions , shape, or topography. Since "topography" is inclusive of "slope" , it is obvious that the use of the word "slope" in the By-law was an error and that the word "shape" was intended instead. -2- substantial financial hardship to the owner, who may be , left with only two lots on nearly five and three quarters acres of land, and one of those two lots may well be unmarketable or severely depressed in value I because of its shape. The requested relief may be granted without any detriment to the public good and without nullifying or derogating from the intent or purpose of the Zoning By- law. The reason for the re-zoning of much of the area covered by Article 9 of the 1987 warrant was to protect the Lake Cochichewick Watershed. The property in question is not in the Watershed. The neighborhood surrounding the property consists chiefly of homes on lots of about one acre. The granting of the requested variance would therefore be more in keeping with the character of the neighborhood than would a denial of the requested relief. For these reasons and others which will be stated at the hearing, the petitioners request that the requested variance for Lots 4 , 5, 6 and 7 be granted. MARY McCARTHY and BERNARD A. ALBERS, By their attorney, Ho and P. icher Davis, Mainf & D'Agostine One Boston Place Boston, MA 02108 ( 617) 367-2500 Dated: September 2.9, 1988 -3- PARTIES IN INTEREST Mary F. McCarthy 290 Johnson Street North Andover, MA 01845 Bernard A. Albers 1 Elsmere Avenue Methuen, MA 01844 Howard P. Speicher, Esquire Davis, Malm & D'Agostine One Boston Place Boston, MA 02108 Republic Development Corp. 175 Andover Street Danvers, MA 01923 Robert and Marguerite Colby 91 Cedar Lane Wakefield, MA 01880 Douglas and Carol Hamilton 62 Colburn Road Reading, MA 01867 Barry Fitzgerald 617 Sharpners Pond Road North Andover, MA 01845 Lots 4 & 13 Sharpner Road Nominee Trust R.L. Marden, Trustee 33 Walker Road North Andover, MA 01845 H.G. Sons, Associate 8 Sherry Drive Andover, MA 01810 Roy and Janet Davey 34 Liberty Street North Andover, MA 01845 Commonwealth of Massachusetts Department of Environmental Management 100 Cambridge Street Boston, MA 02202 Ferncroft Development Corp. Village Road Suite 100 0 Danvers, MA 01923 ��/ 1Legal Notice.'. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE I goRfp o 'I yo i F? ow Notice is here-by October 11,1988 , iv en that will give a hearing at the Town BuilBoard ng,North Ants clover, on Tuesday evening the 1st day of November,at 7:30 o'clock,to all parties interested In the appeal of Mary F. McCarthy requesting a 'variation of Sec.7,Para. 1 and Table 2 of the Zorn Ing By Law so as to permit relief from two-acre zon- ing requirement on the premises located at Lots 4, 5,6 Liberty St.and Lot 7 Sharpeners Pond Road. By Order of the Board of Appeals Frank Serio,Jr.,Chairman Publish in North Andover Citizen Oct. 13 and Oct. i.20,1988 70404-5 Board of Appeals t ^r.,r r.:.,. ,a•.,.�r . ti Pm ? ...-. a Town Office Building o g North Andover, Mass. 01845 ti 27 oCTa R E r(j Ism J A �E"bEa J NO rkjV0 n � o `3 3 �,�� OF NORTFq� SA U5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mary F. McCarthy Petition #13-89 290 Johnson Street DECISION North Andover, MA The Board of Appeals held a public hearing on September 13 , 1988 upon application of Mary F. McCarthy requesting a variance from Sec . 7 (1) so as to permit relief from area requirement under 2 acre zoning on the premises located at Lots 4, 5 , & 6 Liberty Street and Lot 7 Sharpner ' s Pond Road. The following members were present and voting: William J. Sullivan , Acting Chairman; Augustine Nickerson, Clerk; Raymond Vivenzio , Esq. ; Walter Soule; and Louis Rissin, DMD. The hearing was advertised in the North Andover "Citizen" on August 25 and September 1 , 1988 and all abutters were notified by regular mail . Upon motion made by Mr. Vivenzio and seconded by Dr. Rissin, the Board voted unanimously to allow the petitioner to WITHDRAW WITH-: OUT PREJUDICE, as requested. Dated this 19th day of September, 1988 . Sincerely, William J. �Su�an, Acting Chairman /gb Board of Appeals cm p M ron Town Office Building ' North Andover, Mass. 01845 ?29 SEf 9 � ar ar or• ed a s 440 REPUBLIC DEV LOPMEI CORP. I Danve s, MA 01923 �,\ 1,2 ��br•CC'' 'P' �6, V, n y % `K? � per^ �;,,''�'� - :^•=� o � ` .1, V ��.'�'� S.'�1cN ot•�•�•�q �., b•sv/�t� �9 [n Y �-. ;�< ice• _ !� �G�C '-�z-' . 6 !`O"�O� x 00 Vi �nn rn m:S. �_� '} � x2'2 �►� ,� v �. to 701 10 4- un LID : L 1 -7 ij 1 8g n LAIIa S� 17gbr L I BE R•T Y tn ��--� aQ� � ,� � FFA ? �� _ �,.��y�-� � 9`8•,;�, z - • : - . - .- . �• vy . ��> -� ` � Y -, f � oV �,,.-„' :," �'�f ��-_ �.;g�-~�- �. ti��:im* G�•,�w ,.e ti-` �+ .;y � -�.+` SBb) Yh, 4 �'' .�'" �••f,.. �1 �. t1� �� ill (V (�� (� � a_ • g. :�. S�ge�t. 41�J Et 1, .1 O • -. V, N 4'� �� F.e�+ '. �, ��a.. 1 ^'.. 'LV /� ` '.t`4 k" � � 'e � __ .. 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V- �.�►1�?��1.E_:� :i.F''i� 9[J(d'i.YlauC'drQ:awit ex t_,4h..:' K.t'.. .'t:=ce.•ildll � MORTM A F 9 sAcHust TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Z�y Date: Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . i Kindly submit $ 4 . &--D for the following: Filing Fee $ Postage �0 Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey 2Taylor, Clerk rnf3�V F At `GAt`T y Y 13 — if g L.'B�AzfY ST ERsT S��E o� S�f�i� P,ue�s PD. ` L;bei`ty sk . ft ' i Legal notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE NORTH 4 HO0 e. A . M�S'swc14 August 22,1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on Tuesday even- ing the 13th day of September 1988, at 7:30 o'clock,to all parties interested in the appeal of Mary F. McCarthy requesting a variation of Sec.7,Paragraph 1 of the Zon- ing By Law sous to permit relief from area variance from two(2)acre zoning require- ment on the premises kcated at Lots 4,5,6 Liberty St., Lot 7 Sharpners Pond Rd. he Board of Appeals erio,Jr.,Chairman Publish 25 es,she said. 13 vegetables and week. .egal Notice ova , 5 TOWN N August 23,1988 C0t s hereby given that of Appeals will give C� NORTH Ig at the Town 3?••' ti*+ North Andover, on evening the 131h day nber, 1988, at 7:30 to all parties in- Merino requesting a �+s"�*��►^ 7.3,Para 1 and Table s�eaus� it relief from 35'set- Massachusetts,and ruction of building to You are hereby n ated services on the 10:00 o'clock A.M. I the Board of Appeals TAXES, pursuant tc (Serio,Jr.,Chairman Chapter 60,Section st 25 and September in"'°as Collector of F„o� , forth Andm the taxe -Pq a �k North Andover Citizen H 67193 4 ana September 1,1988 Legal Notice TOWN OF NORTH ANDOVER � MASSACHUSETTS- BOARD OF APPEALS. . NOTICE NORTH Ot 1�a° • O O 9 - H �•� 1S'swcrNS" . August 22,1988 Notice is hereby given that the Board of Peals will give a hearing at the Town ilding,North Andover,on Tuesday even g the 13th day of September 1988; at :30 O'clock,to all parties interested in the peal of Mary F. McCarthy requesting a riation of Sec.7,Paragraph 1 of the Zon By Law so as to permit relief from area nance frem two(2)acre zoning require- nt.on the premises located at Lots 4,5,6 rty St., Lot 7 Sharpners Pond Ad. y Order of the Board of Appeals .' Frank Seao,Jr.,Chairman blish in North Andover.(Mizen August 25 September 1,1988 67193-4 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE koRTH Ot ,"*q O ACMAugust 22,1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on Tuesday even- ing the 13th day of September 1988, at 7:30 o'clock,to all parties interested in the appeal of Mary F. McCarthy requesting a variation of Sec.7,Paragraph 1 of the Zon- ing By Law so as to permit relief from area variance from two(2)acre zoning require- ment on the premises located at Lots 4,5,6 Liberty St.,Lot 7 Sharpners Pond Rd. ,By Order of the Board of Appeals Frank Seno,Jr.,Chairman Publish in North Andover Citizen August 25 and September 1,1988 67193-4 1 Maybe we can help. We un treatments. Call us for info North ,A 1060 North And t Tf ' 4 ��CEN• . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE August- 22. . . . . .19- 88 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. . .Tuesday. . . • ,. evening. . . . . . . the 13thday of . . September. . . . . . . . . . . 19 88 , at7:3(P'clock, to all parties interested in the appeal of Mary F. McCarthy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . requesting a variation of Sec.. .7.,.Paragraph 1- .of the Zoning « By Law so as to Pett- relief• from -area•variance from• . . .two .(2) . acre zoning- .requirement . . . . . . . . . . . . . . . . . on the premises, located at-Lots-4-,5,-6 -Liberty. -s-t -Lot. 7 S'harpners P'ond•Rd:- • • • • • • • • • . . . . . . Byrd of the)3oard of�jAPPea1s Fran io, Jr ,''Chairman Publish in N. A. Citizen on August 25 & September 1, 1988 5 OF NORTh " OFTown of A-ICSS OF:i✓ o °m 120 Main Street APPEALSNORTH ANDOVER North Andover, BUILDING « '_`° �Y Massachusetts 01845 a@'1CHUSES DIVISION OF CONSERVATION (617)685-4775 HEALTH 4 PLANNING % PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals / FROM: Scott A. Stocking,14&1 Planner DATE: August 24, 1988 RE: Mary F. McCarthy Variance from TWO Acre Zoning The Board should be advised that the applicant has proceeded and has a "Form U" sign off for Lots 1,2 , and 3 from my department for purposes of obtaining a building permit for the lots cited. Staff urges the Board to read the July 28, 1988 memo from Karen Nelson, Director, PCD, regarding Form A grandfathering issues pertaining to this issue. It appears that the law is clear on this matter-, and that Lots 4, 5 , 6, and 7 do not meet current zoning regulations requiring 2 acre lots . The applicant is requesting a substantial variance in lot area from the current lots which contain little over 1 acre from the 2 acre zoning requirement without a substantial hardship as outlined in Chapter 40A, Section 10 . Section 10 calls for determination by the Board regarding circumstances relating to the soil condition, shape or topography of the land effected but not effecting other land contained within the zoning district in which the lots are located. What is at issue here is the applicant did not protect these lots as required by State Law as specified in Chapter 40A, Section 6, and now wants the Board to grant her permission to proceed with construction on the "non-grandfathered" lots anyway. Staff cannot find a compelling reason to do so, since the Town has rezoned the area to require two acre lots and the intent of Town Meeting should be upheld in this instance. Staff consistantly finds it difficult to enforce the will of Town Meeting by the State Law provisions which allow individuals to "escape" the changes wished by the Town by the filing of Form A Plans . In this instance, the Board should follow the wishes of the community upon failure to find a physical reason of the land invloved which places a clear and substantial hardship on the applicant. NORTH O I< m H P SACHUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mary F. McCarthy Petition #13-89 290 Johnson Street DECISION North Andover, MA The Board of Appeals held a public hearing on September 13, 1988 upon application of Mary F. McCarthy requesting a variance from Sec. 7 (1) so as to permit relief from area requirement under 2 acre zoning on the premises located at Lots 4, 5, & 6 Liberty Street and Lot 7 Sharpner ' s Pond Road. The following members were present and voting: William J. Sullivan, Acting Chairman; Augustine Nickerson , Clerk; Raymond Vivenzio, Esq. ; Walter Soule; and Louis Rissin, DMD. The hearing was advertised in the North Andover "Citizen" on August 25 and September 1 , 1988 and all abutters were notified by regular mail . Upon motion made by Mr. Vivenzio and seconded by Dr. Rissin, the Board voted unanimously to allow the petitioner to WITHDRAW .WITH-, OUT PREJUDICE, as requested. Dated this 19th day of September, 1988 . Sincerely, William J. °Sullivan, s Acting Chairman /gb LIST OF ABUTTERS Republic Development Corp. 175 Andover Street Danvers, Ma 01923 Robert & Marquerite Colby 91 Cedar Lane 5 2-- Wakefield, Wakefield, Ma Douglas & Carol Hamilton 62 Colburn Road Reading, Ma 01867 Barry Fitzgerald 617 Sharpners Pond Rd North Andover Lots 4 & 13 Sharpner Road Nominee Trust R.L. Marden, Tr. 33 Walker Road North Andover H.G. Sons, Associate 8 Sherry Drive Andover, Ma 01810 Roy & Janet Davey 34 Liberty Street North Andover Commonwealth of Mass. Dept. of Environmental Management 100 Cambridge Street Boston, Ma 02202 ` Rec rve ,y `'own Clerk: RECEIVED DANIEL, LONG TOWN CLFRK NORTH AN66VER Auc 19 1 24 rM '88 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant nary_F.-McCarthy ______________Address 290 Johnson St_ Nn_ Andover 1 . Application is hereby made : a ) For a variance from the requirements of Section 7 Paragraph 1 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. 2 . a ) Premises affected are land X.--and building (s ) _numbered T,Qt 4,516 Libel.tu—LQ-t-Z Sha nPrq_5=tY:9:9t . Pnd Rd. b) Premises affected are property with frontage on the North ( ) South ( ) East (X) West ( ) side of Liberty St. , & East Side of Shar np erg Pond Street , and known as No._N/A _-`_ _____ -_— Street . Rd c ) Pxemises affected are in Zoning DistrictR-1 , and. the premises affected have an area of _square feet and frontage of feet . Lot #4, 57,143 S.F. 150' Frontage Lot #7, 68,019 S.F. Lot #5, 63,784 S.F. 242.63 Frontage 211.16 Frontage 3 . Ownership Lot #6, 58,561 S.F. 173.04 Frontage a ) Name and address of owner ( if joint ownership, give all names ) : Mary F. McCarthy, 290 Johnson St. N.A. Bernard A. Albers, 1 Elsmere Ave. , Methuen, Ma. Date of Purchase Approx. 1922 Previous OwnerAnna L. Albers, Mother inherited 1962 . b) If applicant is not owner , check his/her interest in the premises : Prospective Purchaser Lesee Other (explain ) 44 Size of proposed building: Unkn_ownfront; feet deep; Height stories ; feet . Unknown a ) Approximate date of erection: b) Occupancy or use of each floor : N/A_`_-�- - c ) Type of construction: --_------N --- 5 . Size of existing building: _ feet front ; feet deep; Height stories ; icer. None --` - a ) Approximate date of erection: b) Occupancy or use of each floor - -c ) Type of construction: 6 . Has there been a previous appeal , under zoning , on these premises . No If so, when? Description of relief sought on 'this petition '-S6eking Area Variance from 2 Acre Zonin Requirement. ' 8. Deed recorded in the Registry of Deeds in Book 508 page 217 Land . Court Certificate No. None Book Page > The principal points upon which I base my application are as follows : ;;(must be , stated in detail ) Petioners acted in good faith when the land was subdivided ,into'�one plus acre lots in 1986. The understandingwas that all lots would 'be grandfatliered in, x,t Mar-eev-Gr , in the zoning requirements. The way the lots are arranged it would be difficult to comply harai�c T.nf- 4'7 JS,_S itilat-L] to : hP_x_eaL.,f� other lots creatirid, an unusual situation. I agree to pay the filing fee, advertising in newspaper , and incidental expenses* Signatu e oi• Pe "(E-11- e s T77- Every application for action by the Board shall be made on a form approved by.• the Board . These forms shalt 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 a , ppl.ieation 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,'.`;,!: ' '�E 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 (use additional sheets if ` necessary) : , "' ' LIST OF ABUTTERS Republic Development Corp 175 Andover Street Danvers, Ma 01923 Robert & Marquerite Colby 91 Cedar Lane Wakefield, Ma Douglas & Carol Hamilton 62 Colburn Road Reading, Ma 01867 Barry Fitzgerald 617 Sharpners Pond Rd North Andover Lots;V& 13 Sharpner Road Nominee Trust R.L. Marden, Tr. 33 Walker Road North Andover H.G. Sons, Associate/ 8 Sherry Drive J Andover, Ma 01810 Roy & Janet Davey 34 Liberty Street North Andover Commonwealth of Mass. Dept. of Environmental Management 100 Cambridge Street Boston, Ma 02202 ('/o&7,D-/v'V J / NORTH -1 00 M t ,SSACNUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date:—4 �na- 0 �yys Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ for the following: Filing Fee $ Postage Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey W. Tayl7, Clerk