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NORTH ANDOVER
BOARD Ot APPEALS'�
NOTICE
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Notice _i� fie'reby given that the
lBoard of Appeals will give -a
�.hearing at the Town 'Building,
North -Andover, on -Tuesday
evening the 14th day- of June.
1983', at*7:30 o'clock-. to all par -
.,ties interested in the appeal of
-AND LANA LANDRY
,:req6esling a variation of Sec. 7, -
- Par. 7.2 and Table 2 of the Zon-. -
',ing'By Law SO as to permit relief
from the.frontage iequirerhent in
order lo.,permil c6ristruction-of a
siqgl� family dwelling on the
premises. located at land on the
South side of Lacy Street. -
By Order,of the Board of AP-.
peals..
Frank Sedo..Jr
Chairman
Publish N.A. Citizen:- May 19 -
and 26, 1983 R2-215
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
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...y 11.......19..83
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on.. Tuedday. .
..evening...... the .141:Iday of .....June.... .
19 . $.3, at. 7 :.4Qlock, to all parties interested in the appeal of
......... WILLIXI4 _ ANP I,.AN LANDRY
....................
requesting a variation of Sec..Par 7.2 .. of the Zoning
By Law so as to permit....:...and T......... 2
..able ............... .
relief from the frontage requirement$ in order
................................................
to permit construction of a single family
............................
dwe.11 i ng ............................................
......................................................
on the premises, located at.. land_ an. the.Soth.side.. of
....u.......
Lacy Street.
..........................................
By Order of the Board of Appeals
By: Frank Serio, Jr., Chairman
Publish: N.A. Citizen: May 19 and 26, 1983
Send bill to: Atly. Reginald L. Marden, P.C.
23 Central St.
Andover, Mass. �
l
�F:2ce"sled by Town Clerk; °�°•`"'° :�"°O
/Date: y�� _ TOWN OF NORTH ANDOVER MASSACHUSETTS «�. •
BOARD OF APPEALS
i
Ti me
D.
SICMUSt ���.f �s�u
T{iaRN Notice Thi s application must be typewri tten
°, H Rt DOVER
@e
APP ICA�,I FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
MAY ! I 1�[
Applicant William F. & Lana J. `Landry Address 804 Forest Street, No.Andover
1. Application is hereby made
(a) For a variance from the requirements of Section 7 Paragraph 7,2
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
T,ary Street.
(b) Premises affected are property with frontage on the North ( )
South ( X ) East ( X ) West ( ) side of _Lacy
Street, a.nd known as No. Lacy Street.
(c) Premises affected are in Zoning District _g-2, and the premises
affected have an area of approx.9,37Acres- and frontage of
approximately 37:,63 feet.
3. Ownership
(a)''Jame and address of owner (if joint ownership, give all names):
E & F.Builders, Inc., 35 Center Street, Burlin2fon- MA_
Date of purchaseJune 19, 1978 Previ-ous owner. Daniel 'E. Hogan, Jr.
a
(b) If applicant is not owner, check his interest in the premises:
X Prospective Purchaser Lesee Other (explain)
4. Size of proposed building: front; feet deep;
Height: stories; feet.Single Family Residence, dimensions
undetermined
(a) Approximate date of erection: Calendar year 1983
(b) Occupancy or use of each floor: Residential
(c) Type of construction: Wood frame
5. Size of existing building: feet front; feet deep;
Height: stories; feet.
(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?
If so, when?
7: Description of relief sought on this petition the granting of a variance
from the minimum frontage requirements in nyder r ar-mit the eensl=-
of a single family residence on a lot which does not have fihe regid, rlfrenta e—.
8. Deed recorded i n the Registry of Deeds in Book 1342 Page 353 or
Land';Court Certificate No. Book Page
The principal points upon which I base my application are as follows:
(Must be stated in detail)
See attached sheet
I a9ree,,t,9 pay_ for overfflsirWin newspaper and incidental expenses*
Petitioner's Sianature
M
Sec. 1 APPLICATION FORM
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 -bean -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 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 respon-
sible 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.
Name
LIST OF PARTIES IN INTEREST
Address
--Chaplin Estate Trust, c/o AttorneyJ. Easton, 301 Essex St., Lawrence, MA.01840
Douglas and"sera Buchanan, Lacy Street, North Andover, MA.
Peter D. and"Mona Lacy Dailey, 214 Latey Street, North Andover, MA.
Edward J. and 1,BrendaM. Peck, 78 Lacy Street, North Andover, MA.
"'Richard Redman, c/o Frederick Redman, 88 Elm Street, North Andover, MA.
OStuart and"Jane Ann Thompson, 4 Sherry Drive, Andover, MA. .01810
Barbara Tighe, Lacy Street, North Andover, MA.
Yuan-Kony and`JoSung Chun Wang, 66 Lacy Street, North Andover, MA.
t •rw
!�
'e
11 U L C-- L L%A v v c i ,�//i//i//mn •
�U
Use additional sheets if necessary)
The principal points upon which I base my application are as follows:
(Must be stated in detail)
See attached sheet
I agree,,�j pay, for #very si,g in newspaper and incidental expenses*
Petitioner's Signature
Sec. 1 APPLICATION FORM
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 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 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 c'ity 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 respon-
sible 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.
LIST OF PARTIES IN INTEREST
Name Address
--Chaplin Estate Trust, c/o AttorneyJ. Easton, 301 Essex St., Lawrence, MA.01840
Douglas and`xfera Buchanan, Lacy Street, North Andover, MA.
Peter D. and`Mona Lacy Dailey, 214 Latcy Street, North Andover, MA.
Edward J. and VBrenda M. Peck, 78 Lacy Street, North Andover, MA.
'Richard Redman, c/o Frederick Redman, 88 Elm Street, North Andover, MA.
Stuart and"jane Ann Thompson, 4 Sherry Drive, Andover, MA. .01810
--Barbara Tighe, Lacy Street, North Andover, MA.
Yuan-Kony and oSung Chun Wang, 66 Lacy Street, North Andover, MA.
• ,ave ,
1 r� -
2� �
Use additional sheets if necessary)
1 - f NORTH
i;zce-i"�16_d by Town Clerk: a •^
+'Date: yW� TOWN OF NORTH ANDOVER, MASSACHUSETTS •�o �.;
BOARD OF APPEALS ��b«�,«
C -iVED ,..o.
T i m e,. �] O SS����SE`
T;vER Notice This appl i cation must be typewri tten
F� B i H ,' bOYER
APP�I,CAT FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant
William F. & Lana J. 'Landry Address 804 Forest Street, No.Andover
1. Application is hereby made
(a) For a variance from the requirements of Section _7 Paragraph 7-2
and Table 2 of the Zoning By -Laws.
(b) Fora 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
Lacy
Street.
(b) Premises affected
are
property
with frontage on the North ( )
South (X ) East
(x )
West (
) side of Lacy
.Street, a.nd known
as
No.
Lacy Street.
(c) Premises affected are in Zoning District �_�, and the premises
affected have an area of aDDr0x.9.37Acres and frontage of
approximately7zO3, feet.
3. Ownership
(a.) Name and address of owner (if joint ownership, give all names):
E & F Builders, Inc., 35 Center Street, Riirlingfnn MA_
Date of purchaseJune 19, 1978 Previ-ous-- Owner: Daniel -E. Hogan, Jr.
(b) If applicant is not owner, check his interest in the premises:
X Prospective Purchaser Lesee Other (explain)
4. Size of proposed building: front; feet deep;
Height: stories; feet.Single Family Residence, dimensions
undetermined
(a) Approximate date of erection: Calendar year 1983
(b) Occupancy or use of each floor: Residential
(c) Type of construction: Wood frame
5. Size of existing building: feet front; feet deep;
Height: stories; feet.
(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?
7: Description of relief sought on this petition the granting of a variance
from the minimum frontage requirements in order tn`normit
of a single family residence on a lot which does not havP the rPnidYPrJgr_enfage-
8. Deed recorded i n ' the Registry of Deeds in Book 1342 Page 353 or
Book Page
Land',.Court Certificate . No.
The principle points upon which I base my application are
as follows:
The applicant seeks a variance from the requirements of
Section 7.2 of The North Andover Zoning by-law, in order to
build a single family residence on a parcel of land which does
not meet the 150' frontage requirement.of the by-law. The
parcel in question is a large tract of land, containing approxi-
mately 9..37 acres. The main body of the parcel lies some
400 feet off of Lacy Street, and has frontage on Lacy Street by
virtue of a strip of land running northwesterly from the body
of the parcel to Lacy Street. This strip of land has approxi-
mately 87 feet of frontage on Lacy Street.
The applicant proposes to build a single family home on
the parcel, and does not intend to further develop the parcel,
or subdivide the parcel. Due to its unusual shape, this nine
acre plus tract is virtually useless and of no value unless a
variance is granted. The partitioner believes that by putting
a single family home on the parcel, he will increase the ameni-
ties of the town at the same time preserve the majority of the
parcel in its existing condition. The granting of the variance
will both serve the town's interests, in the way of increased
real estate tax revenues, and preserve the value of a substan-
tial portion of land in North Andover which would otherwise be
of little value.
The applicant believes that the within petition meets
the factors contained in Section 10.4 of the by-law, and M.G.L.
Chapter 40A.Section 10. The peculiar shape of the parcel does
not affect generally the zoning district in which it is located.
A literal enforcement of the by-law frontage requirements would
involve a substantial hardship, financial and otherwise, as this
large parcel of land would be essentially unuseable. A granting
of a variance would not be a substantial detriment to the public
good, nor would it nullify or substantially derogate from the
intent or purpose of the by-law.
Wherefore, the applicant requests that the within applica-
tion for a variance be granted.
LAW OFFICES OF
REGINALD L. HARDEN. P.C.
23 CENTRAL STREET
ANDOVER, MASS. 01810
TEL: (817) 470-0477
NORTH ANDOVER BUILDING DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01843
INSPECTOR OF BUILDINGS
ELECTRICAL INSPECTOR
GAS INSPECTOR
Board of Appeals
Town Office Building
North Andover, Ma.
Gentlemen:
June 14, 1983
Re: Petition of William F. & Lana J. Landry
The Building Department was never contacted about
this matter, therefore, I can make no comment on this
petition.
Very truly yours,
CHARLES H. FOSTER
BUILDING INSPECTOR
CHF; of
TEL. 888-8102
RECELIVED
�.
'i �: A►�a7n
1855
JUN 09 P e3 •••..�
-TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
In the Office of the Town
Clerk.
Date ...... June..2 7,, 19 8 3
Petition No..... 3.2.-.1.8.3 .. _ .
Date of Hearing .. q un e 1A, , 19 8 3
Petition of ...... WILLIAM. AND.' LANA .LANDRY....... ..................................
Premises affected . , . Land on the. Southeasterly ,side. _of _Lacy Street
Referring to the above petition for a variation from the requirements of the ..Zoning BX Law.
SectiQn.-..7., . Par.agraph..7. , 2. and. Table. 2 ...................................... .
:------iso-as to permit eli.ef�atom,the _fro tage �reguirement to allow the
cons truc.tion . of..'a...ging le. f ami.jy . dwe l ling..... ....................... .
After a.public hearing given on the above. date, the Board of A peals voted to . G? ANT...: the
va-iance ............................ and hereby authorize the Building Inspector to issue a
permit to William and Lana Landry
for the construction of the above work, based upon the following conditions:
1. That only a single family dwelling be constructed, with a minimum
setback of 100 feet from any boundary.
2. That the plans be re -submitted to conform to the requirements of
the Board of Appeals.
Signed
Frank..Serio.,..Jr,, Chairman_
2 1fre.d.E....Frizelle, _ Esq,..-, Vice. Chairman
4
-William. ..Sullivan. .
Augustine . W... Ni.ckevs.Qn............
Maurice..S .. F.oulds.....................
Board of Appeals
i
kE' 'ri t, IV"
NOR f
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NORTH
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' Ss CMUSt�
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass.
Dear Mr. Long:
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
June 27, 1983
William -and Lana Landry
Southeasterly side of Lacy St
Petition No. 32-'83
The Board of Appeals held a public hearing on Tuesday evening, June 14,
i 1983 upon the application of William and Lana Landry. The hearing was
advertised in the North Andover Citizen on May 19 and 26, 1983 and all
x abutters were notified by regular mail. The following members were
present and voting: Frank Serio,._ Jr. , Chairman; _Al�er3_ F .. Exizel-lam,_
Esq., Vice Chairman; William J. Sullivan; Au ustine W. Nickerson; and
k
Maurice S..Foulds,
The petitioner seeks a variance. from the pro isions of Section 7; Para-
graph 7.2 and Table 2 of the Zoning By Law torpermit relief from the
frontage requirement to allow the constructiob of a single family
'dwelling on premises located at.land on the Southeasterly side .of
Lacy Street.
The petitioner testified through counsel that he has entered into an
agreement to purchase the 9+ acres and proposes to construct a single
family dwelling on the premises. The petitioner further testified that
he is willing to restrict the lot so that no additional dwellings or
future subdivision can. occur.
The parcel is landlocked except for a peninsula with 87 feet of frontage
on Lacy Street. A driveway is proposed through said frontage.
Upon a motion made by Mr. Frizelle and seconded by Mr. Foulds, the Board
voted unanimously to grant the variance from the lot frontage require-
ments with respect to a lot lying .within the R-2 district on the South-
easterly side off Lacy Street described as the second parcel in a deed
recorded at Book 1342 Page 353 at the Essex North Registry of Deeds
William and Lana Landry
Petition No. 32-183
June 27, 1983
Page 2
D"AV EL. t.
TO'?,;, ' IC
FORT! ,!; IjO.JER
JUN 28 1 io PM '83
and owned at'the present by.E & F Builders, Inc., so as to allow con-
formity to Section 7, Paragraph 7.2 and Table 2 of the.Zoning By
Law subject to the conditions that:
1. Only a single family dwelling be constructed on the premises with
a minimum setback of 100 feet from any boundary;
2. That the plans be re -submitted to conform to the requirements of
the .Board of Appeals.
Said variance was granted because it was the consensus of the Board that
the applicant met all.the needs required in granting a variance as
set forth in M.G.L. Chapter 40-A Section.10 and Section 10..4 of the
Zoning By Law.
Specifically, the Board found the following:
1. The variance is required as a result of the peculiar shape of the
parcel. It contains 9.37 acres but has only one access which is
on to Lacy Street. The access is by way of a narrow path which has
a maximum width.of 87..03 feet on Lacy Street and a mimimum width
of only 3.0-feet_where--i-t intersects with with the rest of the parcel.
The path is 400 feet long. The contour o the path is such t Hat
it has a very steep grade in a short dist ce .I f a road was -to
be built there would be insufficient widt to accommodate it.
2. A literal.enforcement of the Zoning,By Law,would involve a sub-
stantial hardship. The parcel is oversizeA and cannot be used
for anything other than a.single family residence. A road cannot
be installed as there is insufficient width to accommodate it. The
parcel, without a variance, is useless.
3. The variance may be granted without substantial detriment to the
public good and without nullifying or derogating.from the intent
and purpose.of the Zoning By Law. The use which the applicant
wishes to.use the premises for is consistent with the use of land
in the area. The parcel has more land than most of the other
parcels in the area and its use as a single family dwelling will
not have a negative impact on the public good. The granting of
the variance will not change the character of the neighborhood.
Sincerely,
BOARD OF APPEALS
.Frank Serio, Jr.,
Chairman
3w
(Plan to follow)
I/
LAW OFFICES OF
REGINALD L MARDEN. P.C.
13 CENTRAL STREET
ANDOVER. MASS. 01810
TELL 4017) 470-0477
/ PROPOSED
DECISION ON PETITIO
OF WI AM R. & LANA J/.�LANDRY;
FOR VARIANCE'' OM THE
FRONTAGE R IRE ANTS OF Sec 7
par. 7.2 & Table 2 -f the ZONING BY-LAWS
R
At a meeting of the town of North "An.dover Board of
Appeals held on June _1-4.r-.179-8-3—th-e—f-o-1-1--ow-ng-m�mb r-s`were_present:
It was voted to grant a variance from the lot frontage re-
quirements with respect to a lot lying within R-2 district on
the Southeasterly side off Lacy Street described as the second
parcel in a deed recorded at Bk 1342 p 353 at the Esse: North
Registry of Deeds and owned at the present time by E & F Builders,
Inc., so as to allow conformity to Section 7 par. 7.2 Table 2
of the Town of North Andover Zoning By -Laws.
Said variance was granted because it was the consensus of
the board that the applicant met all the needs required in grant-
ing a variance as set forth in MGG. c 40A sec 10 and sec. 10.4
of the Zoning By -Laws CTbGG�
pecifically the Board found the following:
1. The variance is required as a result of the peculiar
shape of the parcel. It contains 9.37 acres but has only
one access which is on to Lacy Street. The access is by
way of a narrow path which has a maximum width of 87.03 feet
LAW OFFICES OF
REGINALD L MARDEN. P.C.
ES CENTRAL STREET
ANDOVER. MASS. 01010
TSW (017) 470.0477
on Lacy Street and a minimum width of only 30 feet where it
intersects with the rest of the parcel. The path is 400
a
feet long. The contour of the path is such that it has a
very steep grade in a short distance. If a road was to be
built there would be insufficient width to accommodate it.
2. A literal enforcement of the by-laws would involve a
substantial hardship. The parcel is oversized and cannot
be used for anything other than a single family residence.
A road cannot be installed as there is insufficient width
to accommodate it. The parcel, without a variance is use-
less. T on a p.arce w i.ch
cannot be used is substantial:
3. The variance may be granted without substantial detri-
ment to the public good and without nullifying or derogating
from the intent and purpose of the by-law. The use which
the applicant wishes to use the premises for is consistent
with the use of land in the area. The parcel has more land
than most of the other parcels in the area and its use as
a single family dwelling will not have a negative impact
on the public good. The granting of the variance _
to,- will not change the char-
acter of the neighborhood.
k
-2-
LAW OFFICES OF
REGINALD L MARDEN. M
as QENTRAL ETREET
ANDOVER. MAEO. 01010
TEW 1017) 4700a77
MEMORANDUM IN SUPPORT OF
PETITION OF WILLIAM.F. AND LANA J. LANDRY
FOR A VARIANCE FROM THE FRONTAGE REQUIREMENTS
OF Sec 7 paragraph 7.2 and Table 2 of the
ZONING BY-LAWS
The applicants seek a variance from the 150' frontage re-
quirement of section 7 par. 7.2 and table,2 of the Zoning By -Laws.
The parcel has 87.03 feet of frontage and contains 9.37 acres.
The applicants have submitted a plan which shows the peculiar
shape of the parcel, its relationship to the abutters, and that
its only access is on to Lacy Street.
The applicants believe that they have satisfied the require-
ments for the issuance of a variance pursuant to MGL c40A sec 10
and section 10.4 of the Zoning By -Laws. A review of the condi-
tions which justify the granting of a variance, as set forth be-
low, shows the applicant has met the burden.
1. The variance is required as a result of circumstances
relating to the soil conditions, shape or topography of the land
and especially affecting such land but not affecting generally
the zoning district in which it is located.
Factual Findings
It is clear that this lot is of a peculiar shape. It con-
tains 9.37 acres and has frontage onto only Lacy Street. It is
land locked on three (3) sides. It is the only lot in the area
which is so large and has so little frontage.
-1-
• � Y
2. A literal enforcement of the provisions of the ordin-
ance or by law would involve substantial hardship, financial or
otherwise, to the petitioner.
Factual Findings
The land as it now exists is a hardship to the petitioner
and present owner for the following reasons:
a. it is an oversized parcel which cannot be used other
than for a single family residence,
b. it is land locked other than for the frontage on Lacy
Street and unless the variance is granted will not be
useable,
C. it is located in an R-2 area and can only be used for
residential purposes,
d. the financial burden of taxes on such a large parcel
can only be relieved by making it a buildable lot,
e. the access to Lacy Street narrows to thirty (30) feet
which is an insufficient width for a road. The topo-
graphy of the access is one of a steep grade in a short
distance which requires a greater width to install a
road than it now has,
3. The variance may be granted without substantial detri-
ment to the public good and without nullifying or sub-
stantially derogating from the intent and purpose of
such by-law.
Factual Findings
The use which the applicant wishes to use the premises for
LAW OFFICES OF
REGINALD L MARDEN. P.C.
13 CENTRAL STREET
ANDOVER. MA■E, 01810
-2-
TELL M7) 470-0477
i
is consistent with the use of land in the area. The parcel has
more land than most of the other parcels in the area and it will
have no negative impact on the public good. If the variance is
granted a house will be built which will increase the assessed
value of the property and the amount of taxes the town will re-
ceive. The lot contains well in excess of the required area and
will not change the character of the neighborhood at all.
For the above reasons the applicants request that this Board
grant the requested variance.
William and Lana Landry
by ther ey
Dated: June 14,1983
na Marden, P.C.
Law Offices of
Reginald L. Marden
23 Central Street
Andover, MA. 01810
LAW OFFICES OF
REGINALD L MARDEN. P.C.
17 CENTRAL STREET
ANDOVER, MASS. 01810
TRW (417) 470-477