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HomeMy WebLinkAboutBIELERT, JAY f Nom Any appeal shall be filed } d•''•�•�''�" within (20) days after the D,4 € .ol�a` '6' date of filing of this Notice AMILM ;M K leas •'' in the Office of the Town NOW s. iiGClerk AN 19 1126 AM #83 TOWN OF NORTH ANDOVER MASSACHUSETTS SOAIRD OF APPEALS NOTICE OF DECISION Date . . . .APxi 1. .14.1. . 1,9W. . . . . . Petition No.. . . . Date of Hearing. . .April„11,, 1983 Petition of . . . . JAY. .H BIELERT . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Promisee affected . . . .35, ,Tolland, Rpad . . . . . . . .. . . . . . . . . . . . . . . . . . Referring to the above petition for a-variation from the requirements of the .Z oning. ]BY . Law Section 7, Paragraph 7. 3 and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so auto permit . .relief . from-the , rear: setback. requirement. to. allow the,, continued. existence, ,of. ,a. single. .family dwel.linc� . . . . . . . v. . After a public hearing given on the above date, the Board of Appeals voted to . GRANT ; the . . . . . . . .variance . . . . . '. . . . . . . . �!!€���xagc�XY0c�Alote�xt . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fuxt:stRb�ntaeaos�ou Signed Frank Serio,. .Jr.., , Chairman I . . . . . . . . Alfred. e,,.E. Fri cj, , Vice Chairman William J. Sullivan Augustine, .W,, Nickerson . . Walter. .F,. .$A.�d1S . . . . . . . . . . . . . . . . . . . Board of Apse Any aPPeal shall be fll Ori 3� � within (20) days after the 7;, n , date of filin NQ3, �f'ER in the g of this Notice Office of the Towns APR {9 I C 26 AN 183 �8s�::��� Clerk �cNus TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 14 , 1983 Mr, Daniel Long, Town Clerk Jay H. Bielert Town Office Building 35 Tolland Road North Andover, Mass. 01845 Petition No. 14•- 183 Dear Mr. Long: The Board. of Appeals held a public hearing on Monday evening, April 11, 1983 upon the application of Jay H. Bielert. The hearing was advertised in the North Andover Citizen on March 10 and 17, 1983 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle , Esq. , Vice Chairman; William J. Sullivan; Augustine W. Nickerson; and Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 3 and Table 2 of the Zoning By Law to enable the con- tinued use of a single family dwelling with less than the required rear setback on the premises located at 35 Tolland Road.. The petitioner, through counsel, testified that the dwelling was constructed approximately three years ago and that a recent plot plan was required by the bank for conveyance purposes . In sur- veying the premises, it was discovered that a deck does not have the proper setback. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule , the Board voted four to one to grant the variance as requested. Members Frizelle, Serio, Sullivan, and Soule voted in favor of the motion and Member Nickerson voted in opposition. The Board finds that each of the conditions of Section 10 .,4 of the Zoning By Law have been satisfied. In particular, the Board finds that due to the location of the structure on the premises with a small deviation from the requirements of the Zoning By Law consti¢ tutes a hardship within the definition of the By Law. Said variances in the opinion of the Board, will not derogate from the intent and purpose of the Zoning By Law. Sincerely, Frank Serior Jr. , Chairman