HomeMy WebLinkAbout1966-06-27Monday - June 27, 1966
Special Meeting
The Board of Appeals held a Special Meeting on Monday evening, June 27, 1965
at 7:30 P.M. in the Town Office Building. The following members were present and
voting: John J. Shields, Chairm~B; James A. Deyo, Secretary; Daniel T. O~Leary,
Donald J. Scott and Arthur Dx~m,,~nd.
Chairman Shields passed out literature to the members present pertaining to
Appeals Board matters.
This meeting was called to act on the petition of North Essex Realty Trust.
The Board reviewed the history of previous actions pertaining to the subject land
and found from its records the following:
Under date of April 10, 1961, on application of the then owners William and
Marguerite K. Shann, owners of r~cord of the land known as 81_20sgood Street, petitioned
this board for variation from the requirements of the North Andover Zoning By-Law.
This Fetition was to permit the use of the lot for one single residence. It is noted
that the land then under consideration is the same land now under consideration and
that it contained less than the 125~ frontage currently required in the Zoning By-Law
for a single residential lot. As a result of this petition, the board granted.a
variance in accordance with the request of the property owner.
On January 13, 1964, the Board of Appeals heard a petition on one Fred Findland
wherein a variance from the requirements of Section 6, Paragraph 6.32 of the Zoning
Ordinance was requested for the purpose of using said land for a contemplated Rest
Home. Action by the Zoning Board of Appeals on this petition was the denial of the
requested v~riance for the following reasons:
1. All methods of relief had not been exhausted;
2. The applicant will suffer no substantial hardship, financial or
otherwise; and
3. The purchase of this property was made with full knowledge of the variance
and restrictions already placed upon it at the request of the former o~ner.
The Zoning Board of Appeals of North Andover has only those powers which have bean
conferred upon it by Chapter 40A or by the town meeting in exercise of power delegated
to it by Chapter 40A. It is recognized that the board has only limited power to
grant relief and does not have power to alter the Zoning By-Law. Neither does it
have power wherein conditions wottld affect other parcels in the same zone.
The Board has been made aware of the fact that prior to the issuance of the 1961
variance, a sub-division plan had been submitted to tha Planning Board of North
Andover for the sub-division of the subject parcel of land uhich contains 133,108
sq. ft., and that the sub-division plan was approved by the Planning Board, but
never executed by the previous owner Shann.
The board is co~zant of the fact that there is existing on subject property a
large, residential structure which has been unoccupied for many years and has been
a matter of consternation to the Town of North Andover and its official representatives
for the pest several months, especially from a safety hazard to trespassers. The
board, notwithstanding, contends that such conditions are beyond the scope and authority
of the pouers granted to this board and can in no way be enveloped in an enforcement
action.
156
The board is Further cognizant of the fact that the present o~ner e~ the subject
land purchased same with full, legal knowledge of the variance granted aud ~ffecting
said land ss a result of the hearing conducted by this board on April 10, 1961.
Member James Deyo made a motion to deny the applic~tiono The motion was seconded
by Member Ds~el O'Leary, and the vote was unanimous.
The reasons for denial are as follows:
1. All avenues of local relief have not been exhausted with particular reference
to the North Andover Planning Board;
2. Since the applicant has shown no proof of acquisition, no substantial hardship~
financial or otherwise, can be accepted by this Board.
3. That the granting of this petition would result in an inharmonious atmosphere
to the abutting properties and wo~uld thereby be in derogation from the intent and
purpose of the Zoning By-Law.
The meeting adjourned at 8:45 P.M.
Chairman