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Home My WebLink AboutMiscellaneous - 38 BRIGHTWOOD AVENUE WK - - � '' £ADDENDUM TO THE DECTSIONO OT a_ u At the May 16, 1995 hearing the Board of Appeals em leg anances by Flintlock, Inc. which would of allowed Flintlocks' client todivide' er urto tw o s The vote taken on May 16, q �... _ .a.,.. g 1995 was a 3-2 denial of the requested variance'nth inski and Mr Fans voting against the relief requested. It has come to the Board's attention t the ote was improper because Mr. Karpinski and Mr. Sullivan voted on the continuedhearing but'ere not present for the opening of the hearing on April 11, 1995. According to the Handb000f Massachusetts Land �,;. .,,r ......,tea Use and Planning Law, Section 7.5.5.3 "The members consttuttng the quorum must be present at each session of the public hearing if the board is to render a`proper decision. When a municipal administrative board is actin in a udicial or uasi - udicial ca aci Y "all [members of the board] g J q [ 11 P ty� who are to join in the decision must have attended the hearing. The individual voting members must be present at each session of a continued hearing, absence at any of the continued sessions disqualifies that member." `° x3 s#tel tow According to the law the vote was improper and the applicant has requested in writing that the Board reconsider his request for the variances. Dated June 1, 1995. 7d o eats, k Sullivan, Chairman t _ y 4 AtV K 01, 3� 'r°.: T01? �.s, tans RORTH A;,Nj VER Any appeal shall be filed � s.,,,,.y within (20) days after the ►..�r..� date of filing of this TOWN OF NORTH ANDOVER Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION Date 5-23-95 Petition No. 017-95 Date of Hearing April --11,1995 May 16,1995 Petition of Flintlock, Inc. Premises affected Lot 2, 38 Brightwood Ave Referring to the above petition for a variation from the requirements of _Section 7, para 7.3 and table 2 of the Zoning Bylaw to_permit relief of 14.7 feet from the 30 foot required rear setback and relief of 12.1 feet from the 30 foot requiredsetbackfor an existing house at 38 Brightwood Ave. i elf �r a public hearing given on the above date, the Board of Appeals ("'L d to Deny the Variance XzXxemoby�. �ih6Y,%iN��X%t X Y,Iai XI&994)M1KX XxX XAX XXatX kequest was denied because the motion failed: 3 members approved, 2 denied Board o�ppeals, W'1 lam Su livan, Chairman Raymond Vivenzio Walter Soule Scott Karpinski Joseph Faris r. Town of North Andover } %40RTm OFFICE OF + 3 �`t •� e 0 COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street b4 TEO-SPP�� s 5 KENNETH R -SA MAHONY North Andover,Massachusetts 01845c►,u Director (508)688-9533 Flintlock, Inc. * DECISION P.O. Box 53 * Petition#017-95 North Andover, MA 01845 ******************************* The Board of Appeals held a regular meeting on Tuesday evening, April l,l, 1995 and continued the hearing until May 16, 1995 upon the application of Flintlock, Inc. requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw to permit relief of 14.7 feet from the 30 foot required rear setback and relief of 12.1 feet from the 30 foot required front setback for an existing house on the premises located at lot 2, 38 Brightwood Ave., Zoning District R-4. The following members were present and voting: Walter Soule, William Sullivan, Raymond Vivenzio, Associate members: Joseph Faris and Scott Karpinski. Regular member John Pallone abstained from voting. The hearing was advertised in the North Andover Citizen on 3.22.95 and 3.29.95 and all abutters were notified by regular mail. Raymond Vivenzio motioned to grant the variances as requested with the conditions that the house constructed lot 2 remain as a single family residence and also that on lot 1 only a single family dwelling may be constructed; in addition the garage on lot 2 must be removed within 90 days. Walter Soule seconded the motion, however, the motion failed therefore the variance was DENIED. Voting in favor: William Sullivan, Raymond Vivenzio and Walter Soule. Voting against: Scott Karpinski and Joseph Faris. Dated this 23rd day of May, 1995. BOARDLOF APPEALS, William Sullivan, Ch an Walter Soule Raymond Vivenzio Scott Karpinski Joseph Faris BOARD OF APPEALS 688-9541 BUR DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell 'r: Ar.w r� •:� T 0 W Ut' ,.: lass ,•'` Any appeal shall be filed �; s....•�, NORTMhO6ER within (20) days after the ''►;�H�; " ; "v date of filing of this NTOWN OF NORTH ANDOVER Notice in the Office f i c e of the Town Clerk. MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION w Date 5-23-95 Petition No. 017-95 Date of Hearing April 11, 1995 May 16, 1995 Petition of Pl intlock, Tne Premises affected Lot 1, 38.prightwood Ave Referring to the above petition for a variation from the requirements Of Section 7, para 7.1-and table 2-of the Zoning Bylaw so aS to permit relief of 477 square feet of lot area where 12,500 Ranare feet is required, on the proposed new lot located at 38 Brightwood Ave. After a public hearing given on the above date , the Board of Appeals voted to Deny the VarianceXX� X Request was denied because the motion failed: 3 members approved, 2 denied i Board of Appeals, Wi ism v n, ai Raymond Vivenzio, Clerk Walter Soule Scott Karpinski Joseph Faris � 06 yI? Town of North n-over` A = o 0 oTM ti f H 4 ,6 OFFICE OFz ,b� � �`` '6 COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 4SSACHUS`t Director (508)688-9533 Flintlock, Inc. * DECISION P.O. Box 53 * Petition#017-95 North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, April 11, 1995 and continued the hearing until May 16, 1995 upon the application of Flintlock, Inc. requesting a variation of Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw to permit relief of 477 square feet of lot area where 12,500 square feet is required on the premises located at lot 1, 38 Brightwood Ave., Zoning District R-4. The following members were present and voting: Walter Soule, William Sullivan, Raymond Vivenzio, Associate members: Joseph Faris and Scott Karpinski. Regular member John Pallone abstained from voting. The hearing was advertised in the North Andover Citizen on 3.22.95 and 3.29.95 and all abutters were notified by regular mail. Raymond Vivenzio motioned to grant the variance as requested with the conditions that the house constructed lot 2 remain as a single family residence and also that on lot 1 only a single family dwelling may be constructed; in addition the garage on lot 2 must be removed within 90 days. Walter Soule seconded the motion, however, the motion failed therefore the variance was DENIED. Voting in favor: William Sullivan, Raymond Vivenzio and Walter Soule. Voting against: Scott Karpinski and Joseph Faris. Dated this 23rd day of May, 1995. BOARD OF PEALS, Will� u iv h Walter Soule Raymond Vivenzio Scott Karpinski Joseph Faris BOARD OF APPEALS 688-9541 BUILDING 688.9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robed Nicetta Michael Howard Sandra Starr Kaddeen fey Colwell