HomeMy WebLinkAboutDUFRESNE, ARTHUR , • .,,. o ow rto a
REc�va
JUN 16 1g7-1
a JOHN J. LYONS
TOWN OF NORTH ANDOVER o TO 1CJ�iZK� q
MASSACHUSETTS
6
BOARD OF APPEALS
June 169 1971
Arthur J. Dufresne
54.7 Mass, Ave.
John J. Lyons Torte Clerk
Town Office: $ ding
North Andovor Mass.
Dear Sir:
A public hear was held by the Board of Appeals on June 14# 1971 upon application of
ARTHUR J. D 0who requested a variation of Sec. 6.32 As 7.22 of the Zoning By-Law
so as to perm t the division of a parcel of land into two lots, each having less
than the re red frontage and area; and the erection of a dwelling on one of the
lots formed wing 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 Massach4,s tts Avenue. The following members were present and voting: J. Philip
Arsenault, sq., 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 landlao he can build a house. The land was purchased many years ago sa
that the chitren could build there but when the present Zoning By6law W" adopted
it changed ith� 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 Iin 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 pirb�lem area and that none of the lots there meet the requirements. There
was no oppo�s ion.
The petition was taken under advisement and during this period was reviewed by the
Board. Mr., D imand made a motion to GRANT the variance; Mr. Pickard seconded the
motion andtht vote was 3 members yes and Dr. Beliveau and Mr. Arsenault voted no.
The petitioln is denied.
The three meieediate
rs that voted to grant the variance found that there were other small
lots in the 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 buildi�g on the lot. They also found that the lot in question had access to
W o i
municipal water and sewer facilities. The two members that voted in pp®s ti
on found
that the cites ion of a lot with an area of 6200 sq. ft. in a Zine where 25,E sq* ft.
was requir$decsuld be too substantial a variance from the By-Law.
1f®ry
JPA:-ad J. p Arsw chairman
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TOWN OF NORTH ANDOVER HN 1. LNS
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MASSACHUSETTS roVyN _
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BOARD OF APPEALS 2Z G z Uz
NOTICE OF DECISION
it
Date . .*funs, 161 .1971. . . . . . . . . . . .
Petition No.. . . . . . . . . . . . . . . . . . . . . .
Date of Hearing AW. 24a. 1x] . . . .
Petition of i thur J.. Dufresne
Premises aff d . .547.Massa;huxgtts, g'e:.pn.d south. side .of.Adams t4veme. . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
.North Andover. Zon# BgSec. 6. 2 8e 7.2?
so as to pe the division of.a parcel of land into, two 1i each havim ].eso
than the sired frontage and area; and the erection of a dwal1ing on erre of the
lots, formdhaving, less thap. the. .r.@quad lct.line. setbacks.
. . . . . . . . . . . . . . . . . . . . . .
j
After OL
pc hearing given on the above date, the Board of Appeals voted to . . . .am. . . . the
7ariance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the constr�ction of the above work, based upon the following conditions:
Signed
J.. P . . P. A sero 1.ts. .FAq4p t. Win. . . . .
Dr. _8ugeue A. .B®liveau, ,Clerk . . . . . . . . . . .
lfenneth S. Piakardr Vice Chaii
Arthur.R,. . . . . . . . . :. . . . . . I . . . . . . . . . . . . . . . . .
Fratk Soria, Jr.. . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
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F. AVIIOLT" i
ECHO ,
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . 441Y.At. 19.7 . . . . . . . . . . . . .
Petition No..dated Ju4. 69. 1971,
Date of Hearing. J .;4. !k Juaa r, 1971
Petition of : .I',. . . Arthur J. Dufresne
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affe�ted . . . .547.Maessch atts .$ge ne. & .Avexiue. . . . . . . . . . . . . . . . . . . . . . . . .
Referdn� to the above petition for a variation from the requirements of the . . . . . . . . . . .. . . . . .
. . . . Nort�.Andover.Zonia$ BY-Lam; Sections 6.32 & 7�2?
so as to permit . the .division .of.a.parcel_of, lead_and the erection o fr.a.duelling
on one pg.1the. lots.form.ed . . . . . . . . . . . . . . . . . . . . . . .
reconsideration
After a public hearing/given on the above date, the Board of Appeals voted to .. GRW. . . . the
ariaace . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . l .Arthur J. Dufresne
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the cows action of the above work, based upon the following conditions:
Signed
J.. P . . . .p.AAaeaauJ t. . . . . . . . . . . . . . . . . . . . . . .
Ax•. A.. C;lack. . . . . . . . . .
KennethE,.Pickardl.Vice Chaisson . . . . . . .
Arthur .R, Drumand
. . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
July 61 1971
i
John J. Lyo , Town Clerk Arthur J. Dufresne
Town office lding 547 Mass. Ave.
North And r, Mass.
RECONSIDERATION OF DECISION
The Bone o Appeals held a special meeting on Wednesday evening, June 30, 1971,
upon the re est of Arthur Dufresne for reconsideration of a decision dated
June 16, 19' 1, The following members were present and voting: J. Philip Arsenault,
Chairman; Kenneth E. Pickard! Vice Chairman; Dr. Eugene Bel.iveau, Clerk; Arthur R. '
Drummond an , Frank Serio, Jr. These were the same members that sat on the hearing
held on June 14, 1971.
The decisto# dated June 16, 1971 had. been denied by a vote of 3-2, upon the Wiest
of Mr. Dutr4sne to permit the division of a parcel of land into two lots, each
having lepslthan 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 Massabh setts Avenue and the corner of Adams Avenue. The hearing was held on
June 14, �9 1. The letter requesting reconsideration was dated June 219 1971. Mr.
Drummond m e a motion to reconsider the petition; Mr. Pickard seconded the motion.
Atty. John' Willis, represented the petitioner.and argued the motion by clarifying
the requejst for reconsideration and`for the variance. The same information was
presentediao in the original hearing but greatly elaborated by Atty.` Willis for
greater clarification to the Board. The vote was 4-19 with Member Arsenault voting
noe
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 ane There was legal precedent for granting the variance. The Board
felt therle as hardship involved because the land was purchased a number of years
ago for t4e'Ipurpose of building a home for his children and that because of the
adoption oV the Zoning Bye-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. Th=ere 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
substantiallderogation 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.
j Very truly yours,
BOARD OF APPEALS
i
J. Philip Arsenault, Esq.,
AD Chairman
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Y
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JOHN IL
TOM mm
June 21, 1971 roMM AMM
I
Boar
di o I Appeals
Town Of ice Building
North; er, Mass.
Gentl�a'
i
I have received notification that ay application for a variance
at yourrecent meeting held on June 14, 1971, was denied. Due to the
extreme hardship upon which our appeal was based and considering the fact
that Phe decision was made on a split vote of the Board, my son and I feel
quitelstrongly that our application should be reconsidered.
Apparently many of the factors involved were not fully explained
byusi it is planned, if possible, to have an attorney fully explain the
neigh hood conditions such as lot size, existing homes, the hardship in-
volvei etc. to the Board.
We therefore ask that your Board reconsider the decision made upon
our pie# tion for a variance. Hoping this request meets with favorable actiom,
I re ,
Sincerely yours,
I
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JUN 22 orb
JOHN L LYW
zoV0,i
June 21, 1971 �o NORTH ANDMAIR
Board l Appeals
Town Q ce Building
North over, Mass.
I
Gents etn:
'I I have received notification thatmy application lication 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 u ', d it is planned, if possible, to have an attorney fully explain the
neigk}bo hood conditions such as lot size, existing homes, the hardship irr-
volv4d, etc. to the Board.
We therefore ask that your Board reconsider the decision made upon
our �et'tion for a variance. Hoping this request meets with favorable action*
I remai�f
Sincerely yours,
I
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Y;� IL
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
July 6, 1971
John J. L' nst 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 thejrequest of Arthur Dufresne for reconsideration of a decision dated
June 161- 171. The following members were present and voting: J. Philip Arsenault,
Chairman;; Kenneth E. Pickardt 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 J e 14, 197E
The decision dated June 16t 1971 had been defied by a vote of 3-21 upon the request
of Mr. Dufresne to permit the division of a parcel of land into two lots, each
having loss 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 Mass�chusetts Avenue and the corner of Adams Avenue. The hearing was held on
June 141; 1 71. The letter requesting reconsideration was dated June 21, 1971. Hr.
DrummondImade a motion to reconsider the petition; Mr. Pickard seconded the motion.
Atty. John J. Willist represented the petitioner and argued the motion by clarifying
the request for reconsideration and for the variance. The same information was
presented' s in the original hearing but greatly elaborated by Atty. Willis for
greater clarification to the Board. The vote was 4-11 with Member Arsenault voting
no.
�I
Mr. Pickard made a motion to GRANT the variance; Mr. Drummond seconded the motion.
The attorny for the petitioner argued the motion in that no additional evidence
is being oven. 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 foun&that the lot in question had access to municipal water and sewer facili—
ties.
acilities. There is a 50x100 foot lot adjacent to the locus which could be legally
built uponland 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,
BARD OF APPEALS
J. Philip Arsenault, Esq.,
AD Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . .Y. . a. .19
Jul '6 . .�.1
. . . . . . . . . . . . .
Petition No..dated .July. b,. 1971.
Date of Hearing. June U & June 30, 1971
Petition of . . . . . Arthur J._ Dufresne, . .
Premises affected . . . .5.17.Massachusetts .f}venue, A A4am0.Avenue. . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . .. . .
North Andover Zoning By—T.ai Sections 6.32 & 7.22
. . . . . . . . . . . . . . . . . . . . .
so as to pe�mit . the .division of a. parcel,of, land,and,the erection of a.
on, on 'cf,the, lots,formed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
reconsideration
After public heanng/given on the above date,the Board of Appeals voted to . . GAM. . . . the
variance . _ , , and hereby authorize the Building Inspector to issue a
permit to :'I . .Arthur .J. .Dufresne
for the construction of the above work, based upon the following conditions:
2 I •
Signed
Jr. p .�. . .P.Arsenault. . . . . . . .. . . . . . . . . . . . . . .
. . . . . . . . . . . .
Kenneth E. 1'ieksrcl�.Viee Chairman
. . . . . . . . . . . . . . . . . . . . . . . . .
Arthur R. Drummond
. . . . . . . . . . . . . . . . . . . .
]+rams.SQrio.r. �3r, . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
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