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HomeMy WebLinkAboutBECOTTE, LORRAINE RECEIVED J .NoRT„1� AANIEL 0Y?• � , ,°g Any appeal shall be filed low "°^10"' e;' within (20) days after the NORTH AND R " yqs !ass: ,' date of filing of this Notice sgCHO +..V in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . Septemb�r. .2$.,. , 19.84 Petition No . . . . . .45:7118.4 . . . . . . . . Date of Hearing. . .September. .12, 1984 Petition of . . . Lorraine. B�cotte s . Richard .and. Christi ne. .Pineau •and•Terry Cook Pretnises affected . . .133.-13.5 .Autrar). Ave... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . Zoning. By. Law Section 7, Par. 7. 3 and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief from the rear setback requirement. to, allow. the. continued existence of a single family. .dwelling.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .Grant, . . the . . . .variance � pecxx4oxix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: 1. That the shed be moved so that it is five feet from the rear and side lot lines. Signed Alfred .E.. .F'ri.zel.le,. .Esq. ,. .Vi.ce. Chairman Richard .J... .Trepanie.r,. Esq..., . Clerk William .J.. .Su.11i.van . . . . . . . . . . . . . . . . Augustine. .W. . Nickerson . Walter. F. . .Soule. . . . . . . . . . . . . . . . . Board of Appeals nn RtyECEIVEA1ELnDD �IGTO N CLE AM appeW W be OW NORTH ANDOVER F a wMin 9 days of V t date of filing of this Notice ;,saN in the Office of the lowni Clerk*400- ' -. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 28, 1984 Mr. Daniel Long, Town Clerk Pineau, Becotte, and Town Office Building Cook 120 Main Street 133-135 Autran Ave. North Andover, Mass. Petition No. 45-' 84 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, September 17, 1984 upon the application of Lorraine Becotte, Richard and Christine Pineau, and Terry Cook. The hearing was advertised in the North Andover Citizen on August 30 and September 6, 1984 and all abutters were notified by regular mail . The following members were present and voting: Alfred E. Frizelle, Esq. , Vice Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; Augustine W. Nickerson; and Associate Member Walter F. Soule. The petitioners seek a variance from the provisions of Section 7, Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit relief from the rear yard setback requirement to allow the continued existence of a two-family dwelling located at 133-135 Autran Avenue, located in the Residence-4 (R-4) zoning distict . Counsel for the petitioners testified that the dwelling was constructed in 1975. The Pineau' s and Becotte' s purchased it in 1976 when plot plans were not required to convey property. Two decks were added to the original structure. No building permits were issued for the decks . Mr. Cook is now purchasing the premises and the plot plan drawn for the conveyance revealed the violation of the rear setback requirement . The petitioners did not create the violation and denial of the variance would create a financial hardship to the petitioners . Further testimony revealed that there is a shed on the property which does not meet the setback requirements of the Zoning By Law but which could be moved to meet the requirements. No one spoke in opposition to the petition and one neighbor spoke in favor . y Pineau, Becotte, and Cook it L 133-135 Autran Ave. TM Petition No. 45- ' 84 to September 28, 1984 Page 2 *Ao 11 ws% Upon a motion made by Mr . Trepanier and seconded by Mr. Sullivan, the Board voted unanimously to grant the variance as requested with the condition that the shed be removed so that it is five feet from the side and rear lot lines . In granting the variance, the Board finds that Section 10.4 of the Zoning By Law has been satisfied. In particular , the Board finds that a literal enforcement of the provisions of the By Law would create a hardship to the petitioner and that desirable relief may be granted without nullifying or substantially derogating from the intent and purpose of the By Law and without detriment to the public good. Sincerely, BOARD OF APPEALS Q� W e F'Y a) Alfred E. Frizelle, Esq. , Vice Chairman Jw