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HomeMy WebLinkAboutMiscellaneous - 2010-02 39 Rosedale Avenue (2)r k i Icl � ve. R CP 41' u � c� � T, Legal Notice TOWN OF NO'.°TH ANDOVER BOARD OF APPEALS NOTICE °f April 22, 1986 s "° Notice is hereby given that °� the Board of Appeals will give a )tl hearing at the Town Building, ._; North\ine r, on Tuesday t ' ,� :; ;;;;• 4, evening3 day of May, at SS,�Nos�` 7:30 o'to all parties in terested appeal of Estate t of Avistock, Meridethh Heussi Executrix requesting a variation of Sec. 7, Para 7..1 and Table 2 of the Zoning By Law so as to permit relief for r square footage of undersized lot. All setbacks conform to zoning on the premises, located at 39 Rosedale Ave.. By Order of the Board of Appeals. Frank Serio, Jr., Chairman , Publish N.A. Citizen: April 24 and May 1, 1986 g16, U Legal Notice TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE a,,, April 22, 1986 Notice is he given that L the Board of Appeals will give a II p hearing at the Town Building, North Andover, on Tuesday evening, the 13 day of May, at �ss„C„USC 7:30 o'clock, to all parties in- terested in the appeal of Estate --- of Avis Comstock, Meri" Heussi Executrix requesting a variation of Sec. 7, Para 7.1 and Table 2 of the Zoning By Law so as to permit relief for square footage of undersized lot. All setbacks conform to zoning on the premises, located at 39 Rosedale Ave.. By Order of the Board of Appeals. Frank Serio, Jr., Chairman Publish N.A. Citizen: April 24 and May 1, 1986 g16 ✓I.1444,� . �J NoR7'H +,r • 1855 • :� SgAPRIO" ex CHug�'.�4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE April. 22 ..... 19.86 Notice is hereby given_ that the Board of Appeals will give a • hearing at the Town Building, North Andover, on ..T ue s day evening . , ... the . day of . May 46... , at 7.:. 3&clock, to all parties interested in the appeal of Estate. of .Avis. -Comstock.,. -Merideth- 'Heussi. �A%&'Q-Variation of Sec.. 7... Para- -7. 1 .: of the Zoning and Table 2 By Law so as to permit ................................... Relief for square footage.o.f undersized lot. All setbacks conform to zoning. ............................................. ...................................................... on the premises, located at ...... 39. . Ro.s e d.a le ..Ave...... . ...................................................... .. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish: N. A. Citizen on April 24 & May 1, 1986 Bill to: Merideth Heussi, Executrix, % 27 Addison St., Essex, MA 01929 NORT/ 3? ► OL A O p F ' e� sACNUs t 'I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Estate of Avis Comstock Merideth Heussi, Exec. c/o 27 Addison St. Essex, MA 01929 Date: Aril 28, 1986 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 5.28 for the fcllowing: Filing Fee $ Paid Postage $ 5.28 4 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 Q-1-0 Gli l Audrey W. Taylor, Clerk f ; i Receved by Town Clerk: DA.11EL L e l TMS,14.f,4.�N KORT4 4WCV'ER WIVI OP Sb1tP06DOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Estate of Avis Comstock Applicant Merideth Heussi, Executrix 1. Application is hereby made: C/6 27 Addison St. Address Essex, MA. 01929 a) For a variance from the requirements of Section 7.1 Paragraph and Table 2 of the Zoning By Laws. b) For a Special Permit under Section Paragraph_ of the Zoning By Laws. -' e) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land XX and buildings) XX _numbered 39 Rosedale Avenue SXXfC . b) Premises affected are property with frontage on the North ( ) South (9 East ( ) West ( ) side of Rosedale Avenue 3X , and known as No. 39 Rosedale Avenue. %X . c) Premises affected are in Zoning District R-3_, and the premises affected have an area of 30,650 -square feet and frontage of 300 feet . 3. Ownership a) Name and address of owner (if joint ownership, give all names): Estate of Avis Comstock Date of Purchase June 28, 1956 Previous Owner Arthur & Alice Frechette b) If applicant is not owner, check his/her interest in the premises: EXECUTRIX Prospective Purchaser Lesee XX XRbfIiM4WXp1Mt �a Size of proposed building: 46 feet front; 26 feet deep; " Height 2 stories; 24 feet. a) Approximate date of erection: Fall of 1986 b) Occupancy or use of each floor: single familJy_residence C) Type of construction: wood frame 5. Size of existing building: 29 feet front; 24 feet deep; ee Height 2 1/2 stories; 24 ft. — — a) Approximate date of erection: 1935 b) Occupancy or use of each floor: single family residence c) Type of construction: wood frame 6. Has there been a previous appeal, under zoning, on these j.,,-e�dses? NO If so, when? 7. 'b, ° -,r tion of relief sought on this petition Square footage of lot size. Front, rear & side setbacks will be conforming to zoning. 8. Deed recorded in the Registry of Deeds in Book 836 _ Page 167 Land Court Certificate No. —Book The principal points upon which I base my application are as follows: (must be stated in detail) I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signature of Petitioner�sj— Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such 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 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. Such costs shall include mailing and publication, but are not necessarily 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 Milton & Patricia Long vlJohn & Laura Shottes r/ Anita Fionte 29 Rosedale Avenue 15 Rosedale Avenue 82 Longwood Avenue North Andover, MA. 01845 North Andover, MA. 01845 North Andover, MA. 01845' Eleanor Palmeri v E. Fionte & Others i"William & Judith Kehrig 32 Rosedale Avenue 82 Longwood Avenue 71 Quail Run North Andover, MA. 01845 North Andover, MA. 01845 North Andover, MA. 01845 ;•�: l (gang & Hazel Von Maack kJ'oseph & Sally Musumeci :.1 Quail Run 63 Quail Run North Andover, MA. 01845 North Andover, MA. 01845 el.y Management Co. 026 1 ,tiood Road MA. 02184 ---'Town of North Andover Franklin School Andover Street North Andover, MA. 01845 (use additional sheets if necessary) PLAN _e -A7 IN4D TO ACCOMPAffk PE'r1Tl.�' Each application and petition to the Board shall be accompanied by five (5) copies of tie following described plan: The size of the plan shall be 11 x 17, drawn to scale, 1 inch equals 40 feet; it shall have a north point, names of streets, zoning districts,' names and addresses of owners of properties within a minimum of 200 feet of the subject propetty, property lines and location of buildings on surrounding 1.roperties. The location of buildings or use of the property where a variance is requested and distances from adjacent buildings ani property lines shall be verified in the field and shown on the plan. The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances, exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineering plan. When a variance is requested to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted on the plan as such, and marked "approximate". The plan shall be signed and bear the seal of a registered surveyor or engineer. Any plans presented with the petition shall remain a part of the records of the Hoard of Appeals. If living quarters are to be remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five (5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into the halls, and exit doors of each f toor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevations presented with the petition small remain a part of the records of the Board of Appeals. For petitions requesting variation(s) from the Provisions of Section 7, Paragrpahs 7.1, 7.2, 7.3, and 7.4 and ra`Dle 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s), structure(s), or building(s) were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to the dwelling(s), structure(s), or building(s) which will re- sult in the need for the issuance of a building permit. 3. The size of the plan shall be no smaller than 9 1/2 x 11 inches and must sj;ow the existing area of thct parcel, the existing frontage, and the existing setbacks cot the dwelling(s), structure(s), or building(s) being conveyed. 4. Proper space is pr'Jvidcd on the plot plan for tne Board's signatures, as wel 1 as adequate space for the t -.-)!!owing information:` date of filing, date of public ht:_° ging, and date of approval. TO: Town of North Andover Board of Appeals FROM: Estate of Avis Comstock RE: Variance request I am seeking a variance for,this parcel in a sincere effort to hold onto my mother's house. It was her longtime wish to keep this house for her grandchildren and perhaps her great grandchildren. Except for an extremely small amount of money, my mother's estate value was only the value of the house. Financially, neither my brother nor I can pay the expenses which accompany a death; bills, taxes, medical expenses, property and legal fees, etc. My brother is disabled and I have a large family with one handicapped child. Due to the terrible loss of my mother, my grandmother, who lived with my mother, suffered several strokes and is now confined to the Wood Hill Convalescent Home in Lawrence. My grandmother has no personal assetts to help support costs for her staying at this facility and we are unable to provide the proper care to have her live with us. As you see, being able to sell this parcel of land would have a tremendous effect on my ability to financially take care of the ongoing expenses of my obligations. Sincerely, I Meredith Heussi, Executrix MORTIS 4, 3? ' T O 9 SSACMUSt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: RECEIVED GAN'IF L LOING TOWN i,� i"fiK NORTH AN JOVER MAY 30 10 of AN '86 May 29, 1986 Estate of Avis Comstock Meri deth Heussi, Executrix 39 Rosedale Avenue Petition: #91-86 The Board of Appeals held a public hearing on May 13, 1986 upon the application of Estate of Avis Comstock, Merideth Heussi, Executrix requesting a variance of Section 7, Paragraph 7.1 and Table 2 of the Zoning ByLaw so as to permit relief for square footage of undersized lot. All setbacks conform to zoning. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Esq., Vice-chairman, Augustine Nickerson, Clerk, William Sullivan and Walter Soule. The hearing was advertised in the North Andover Citizen on April 24 and May 1, 1986 and all abutters were notified by regular mail. The -Board.of Appeals voted to GRANT this variance subject to the following conditions: 1) Only single family dwelling allowed on Lot A. 2) No easement granted across this property to any other property. 3) Access only on Rosedale Ave. Motion made by Mr. Frizelle and seconded by Mr. Soule to grant this variance subject to the above conditions. The Board feels that the granting of this variance will in no way deter from the neighborhood. c/�.y , Frank e'rio, Jif/., Chairman BOARD OF APPEALS /awt f; : ,O*PC*4j 1 N� . Apse?" 1835 _.•' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Estate of Avis Comstock -Merideth Heussi, Executrix 27 Addison St. Essex, MA 01929 RECEIVED DANIEL I-ONG TOWN' C'J.ERK 'NORTH,, ANOJVER MAY 30 10 01 AN '06 Date .... May 29, 19 86 Petition No.. 91- ?A .............. Date of Hearing .. MaY. A , 19.8 6 • Petition of ....Estate..of Avis..Comstock, o Merideth Heussi { Executrix Premises affected ........................................ Referring to the above petition for a variation from the requirements of AP Section. • 7 , Paragraph 7.1 and Table 2 of the Zoning ByLaw ......................................................................................... so as to permit . relief for. -square • footage. •oE undersized. .lot... All -setbacks conformto. -zoning: .................................................... .......... After a public hearing given on the above date, the Board of Appeals voted to . G R,A,N T. the .... variance ......... ik9t���Xtil ................ )ORFAAK............................................................................... based upon the following conditions: 1) Only single family dwelling allowed on Lot A. 2) No easement granted across this property to any other property. 3) access only on Rosedale Ave. Vote unanimous to grant this variance subject to abov conditions. Signed .............. Board of Appeals i NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINos ELECTRICAL INSPECTOR GAS INSPECTOR Board o6 AppeaU Town 064ice Buitd.ing Notch Qndoven, Ma. Genttemen: May 13, 1986 Re: Petition 66 Estate 66 Avi6 Comstock Upon reviewing the above petition, I jind that the tots 4otmed ane 6im tAvL in Size to the other tots in the area and that the 4untage i,5 mote than adequate so that the hours u may be pro peAt y Spaced. Very ttuty your, CHARLES H. FOSTER 1= INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF: a6 TEI.. 688-8102 ESTATE OF AVIS COMSTOCK How proposed subdividing of lot results in two lots (one with existing house on it) which are compatible with the surrounding streets of Hewitt Ave., Rosedale Ave., Longwood Ave. and Minute St. Lots listed by owner's name and largest to smallest in size Dawe 37,386 Brasseur 25,000 Stankatis 20,580 COMSTOCK 17,650 (proposed new lot) Maruseviceus 17,500 Long 16,330 Lombard 16,000 Gartside 15,945 (total area of two parcels) Hart 15,858 Hennelly 15,447 Uiughter 15,047 Malcolm 15,040 Janusz 15,000 Doherty 13,367 Long 13,285 COMSTOCK 13,000 (would be lot existing house would remain on) Hopping 12,997 Hennessey 12,500 San Antonio 12,500 Moody 12,500 Smith 12,457 Keen 11,883 Leo 11,470 Fionte 11,008 Elander 10,944 Augeri 10,250 Shottes 10,200 Sullivan 10,000 Giarrusso 10,000 Howard 10,000 Paquette 9,975 Keane 9,592 Palmeri 9,346 Fionte 8,115 Foulds 8,000 Bettencourt 8,000 Rokes 7,680 Nelson 7,500 Gauthier 7,137 Webber 5,865 Potvin 4,260 Donnelly 4,013