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Home My WebLink AboutMiscellaneous - 547 MASSACHUSETTS AVENUE 4/30/2018 547 MASSACHUSETTS AVENUE 2101045.6-0013-0000.0 . r _4 NoRry�r F: ALL71I :X C •�; 1855 •� 1 j�ACf1US�;t�w . r ttr�.r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 6, 1971 John J. Lyons, Town Clerk Arthur J. Dufresne Town Office Building 547 Mass. Ave. North Andover, Mass. RECONSIDERATION OF DECISION The Board of Appeals held a special meeting on Wednesday evening, June 30, 1971, upon the request of Arthur Dufresne for reconsideration of a decision dated June 16, 1971. The following members were present and voting: J. Philip Arsenault, Chairman; Kenneth E. Pickard, Vice Chairman; Dr. Eugene Beliveau, Clerk; Arthur R. Drummond and Frank Serio, Jr. These were the same members that sat on the hearing held on June 14, 1971. The decision dated June 16, 1971 had been denied by a vote of 3-2, upon the request of Mr. Dufresne to permit the division of a parcel of land into two lots, each having less than the required frontage and area; and the erection of a dwelling on one of the lots formed, having less than the required lot line setbacks; located at 547 Massachusetts Avenue and the corner of Adams Avenue. The hearing was held on June 14, 1971. The letter requesting reconsideration was dated June 21, 1971. Mr. Drummond made a motion to reconsider the petition; Mr. Pickard seconded the motion. Atty. John J. Willis, represented the petitioner and argued the motion by clarifying the request for reconsideration and for the variance. The same information was presented as in the original hearing but greatly elaborated by Atty. Willis for greater clarification to the Board. The vote was 4-1, with Member Arsenault voting no® Mr. Pickard made a motion to GRANT the variance; Mr. Drummond seconded the motion. The attorney for the petitioner argued the motion in that no additional evidence is being given. There was legal precedent for granting the variance. The Board felt there was hardship involved because the land was purchased a number of years ago for the purpose of building a home for his children and that because of the adoption of the Zoning By Law they were prohibited from building on the lot. They also found that the lot in question had access to municipal water and sewer facili— ties. There is a 50x100 foot lot adjacent to the locus which could be legally built upon and which was similar to the locus. The Board found that it was not in substantial derogation from the intent and purpose of the Zoning By—Law and that the lot in question was unique. The vote was 4-1, with member Arsenault voting no. Very truly yours, BOARD OF APPEALS JUN .) 1 J? ARU OF Ar PEALS J. Philip Arsenault, Esq., Chairman '"A r*f NURTy 4�r _ <3Z•��aRPQRgrC��O d REr- T7 /. E•• I�PRIC7 •'.0 '� kRy`SACH05F'r,�'� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . .quly. 6.j. 1971. . . . . . . . . . . . . Petition No.. dated. July 6, 197? Date of Hearing. June 14 & June30 1971 Petition of . . . . . Arthur.J. Dufresne Premises affected . . . .5.x.7.Massachusetts Avenue, & Adams.Avenue. . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . Tdorth Andover Zoning By--Law; Sections 6.32 & 7.22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . the division of.a_ parcel of land and the erection of a dwelling.. . on one of the lots formed d reconsideration After a public hearing/given on the above date, the Board of Appeals voted to . . GRANT. . . . the variance . . . . . and hereby authorize the Building Inspector to issue a permit to . . .Arthur .J. .Dufresne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed s J,. Phi .ip.Arsenault. . . . . . . . . . . . . Dr... Eugene. ,A... Cle4c. . . . . . . . . . . . Kenneth E. Pickard, Vice Chairman Arthur R. Drummond I'1 Frank.Serio.. Jre . . . . . . . . . . . . . . . . . . . . . . . . . . 2002 Board of Appeals BOARD OF APPEALS 2 a Al � M JUN 22 fol JOHN I. Lyon ,TOWN CLERK June 21, 1971 �0 NORTH ANDOVER Board of Appeals Town Office Building North Andover, Mass. Gentlemen: I have received notification that my application for a variance at your recent meeting held on June 14, 1971, was denied. Due to the extreme hardship upon which our appeal was based and considering the fact that the decision was made on a split vote of the Board, my son and I feel quite strongly that our application should be reconsidered. Apparently many of the factors involved were not fully explained by us and it is planned, if possible, to have an attorney fully explain the neighborhood conditions such as lot size, existing homes, the hardship in— volved, etc. to the Board. We therefore ask that your Board reconsider the decision made upon our petition for a variance. Hoping this request meets with favorable action, I remain, Sincerely yours, 004CD jUN 5 2002 BOARD OF APPEALS yrORTy9� * i t0 ' [� 9� rr• APa1LM }9ACN11` ��'♦ o � �� fjc 197 BOARD vrr Mrt-LALS jo I LYONS TOWN OF NORTH ANDOVER �` TOWN,,C!:ERK w 6NORT11 AN�pVER � MASSACHUSETTS nr��° za t 2. 01. BOARD OF APPEALS June 16, 1971 Arthur J. Dufresne 547 Mass. Ave. John J. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: A public hearing was held by the Board of Appeals on June 14, 1971 upon application of ARTHUR J. DEFRESNE who requested a variation of Sec. 6.32 & 7.22 of the Zoning By—Law so as to permit the division of a parcel of land into two lots, each having less than the required frontage and area; and the erection of a dwelling on one of the lots formed, having less than the required lot line setbacks; on the premises located at the south side of Adams Avenue at the corner of Massachusetts Avenue and known as 547 Massachusetts Avenue. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Kenneth E. Pickard, Vice Chairman; Arthur R. Drummond and Frank Serio, Jr. The hearing was advertised in the Lawrence Eagle—Tribune on May 29 and June 5, 1971 and all abutters were duly notified by regular mail. Mr. Dufresne appeared on his own behalf and he explained that he wants to give his son a lot of- land so he can build a house. The land was purchased many years ago so that the children could build there but when the present Zoning By—Law was adopted it changed the lot size requirements and now he is coming to the Board to allow the division of the land. Water and sewer facilities are available. Selectmen Kirk and Guthrie spoke in favor of the petition because they feel there is a hardship involved and the Building Inspector explained that there are many small lots in the area; that this is a problem area and that none of the lots there meet the requirements. There was no opposition. The petition was taken under advisement and during this period was reviewed by the Board. Mr. Drummond made a motion to GRANT the variance; Mr. Pickard seconded the motion and the vote was 3 members yes and Dr. Beliveau and Mr. Arsenault voted no. The petition is denied. The three members that voted to grant the variance found that there were other small lots in the immediate area. They also felt there was hardship involved because the land had been purchased a number of years ago for the purpose of building a home for his children and that because of the adoption of the Zoning By—Law they were prohibited from building on the lot. They also found that the lot in question had access to municipal water and sewer facilities. The two members that voted in opposition found that the creation of a lot with an area of 6200 sq. ft. in a zine where 25,000 sq. ft. was required would be too substantial a variance from the By—Law. Veryu1y, o rs, BO OF APPEALS . TT)6.-A T. P ,A flrcca»at, t_ Rhai_rma p ORT 4-1 E 'F \ ►vvv'* TOWN OF NORTH ANDOVER J7.��JY �, LYONS :4 MASSACHUSETTS N CLFj?'K, 4• NGfd17f Rfd v� BOARD OF APPEALS cz G a p2 NOTICE OF DECISION Date . .June. 14 .1971. . . . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing.June. 4.i 1971. . . . Petition of . . Arthur.J.. Dufresne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .547.;,4aAve. and south side of Adams Avenue Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning By—Law; Sec. 6.32 & 7.22 . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the .diyision.of. a. parcel.of. land.into two .lots.j. each 4aL n less than the required frontage and area; and the erection of a dwelling on one of the lots .formed,. having, less .than. the. required. lot.line. setbacks.. _ . . . After a public hearing given on the above date, the Board of Appeals voted to . . . .l)FNY. . . . the Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: r i9 ? " S gned s J.. .Philip. Arsenault,,. Esq.j. Chairman, . . . . Dr. Eugene A.Beliveauz Clerk . . . . . . . . . . . . . . . . . D Kenneth E. Pickard.,. Vice Chairman Arthur.R. Drummond I� JUN '� 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Frank Serio, Jr. BOARD OF APPEALS Board of Appeals