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HomeMy WebLinkAboutSTOEHR, CATHERINE NORTy F: /tvxIL :a P ► TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 18, 1964 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, August 10, 1961, at the Town Office Building. Members present and voting were$ Daniel T. O'Leary, Chairman; William Morton, Secretary; Arthur Drummond, John J. Shields and Howard Gilman, Associate Member, who sat in place of Henry Lund. CATHERINE STORER requested a variation of Sec. 6, Para. 6.33 of the Zoning By-Uw so as to permit the sale of her residence which does not have the required frontage or lot size on the premises, located at the south west aide of Salem Street, Known as #971 Salem Street. This public hearing was advertised in the Eagle Tribune on July 27 and August 3, 1964. All abutters were duly notified of this hearing by certified mail. Atty. John J. Willis represented the petitioner, who was also present. There was no opposition to the petition, however, one abutter, Aar. Green, questioned the use that the 16 acres would be put to if the variance was granted. This petition was tabled until the September 15 meeting of the Board of Appeals in order to again meet with the peti- tioner regarding the plans. At the September 15 meeting, Atty. Willis and the petitioner agreed to amend the plans in order to have the required frontage on Salem Street. Mr. Shields made a motion to GRANT the variance subject to the proper plans being sub- mitted. Mr. Gilman seconded the motion and the vote was unanimous. This variance is granted for the following reasons: 1. That the subject premises are located in the Rural Residential zone as defined by the By-•Law which requires a street frontage of 150 feet and a lot area of 1,1,,,000 sq. ft. (See. 6.33). 2. That the applicant acquired a parcel of land containing 0.365 acres ou or about the year of 1948 and also acquired a second parcel of land abutting the aforementioned parcel which has an area of 16.2 acres, more or less. 3. The acquisition of both parcels of land was made prior to the adoption of the present zoning regulations. Cont. page 2. 4 ♦ A r}}Aii ��ORTjt � 33?:�ipevaGr••° F APRIL7r+ .)j A rtrrw+re TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 18, 1964 -2- 4. That the applicant has provided an amendment to the 0.365 acre parcel by adding an additional 30t x 1401 parcel, making a total of 0.455 acres, more or less, and thus allowing sufficient egress to the larger parcel of land which lays to the southwest of the Salem Street frontage. 5. By reason of the limited street frontage and unusual shape of the larger parcel at the Salem Street frontage line and having a distance of approximately 140 feet, it has become obvious that to provide proper access to the interior acreage in compliance with the current zoning requirements for subdivision and/or street development, that a provision of not less than 50 ft. retention becomes mandatory. 6. That a careful analys&s and study of the peculiar shape of the larger parcel and with a view of reasonable land planning procedure coupled with practical judgment for the future end-use of the larger parcel, this Board in its decision to grant said variance, found that no derogation to the immediate neighborhood or the town of North Andover would be substantial; but that if the Board insisted upon the minimum of 440000 sq. ft. which could jeopardize the future use of the larger parcel which ulti- mately could be a derogation to the town of North Andover and that the larger parcels end-use would be considerably limited. 7. The Board further considered that should this petition be denied, a substantial and serious hardship would be resultant to the petitioner. 8. Since the amended lot of 0.455 acres possesses the required 150 ft. street frontage, no observable zoning non-conformity would appear to any passer-by or to any adjacent land owner. Very truly yours, BOARD OF APPEALS Ilaaniel �. 07I,eary, rman JJS.ad TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .3eptetb.er.18j. 1964. . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . Date of Hearing. *900t, 10, .l.964 Petition of. . .Catherine.Stoehr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected. . . .971- Salem.Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nor-th Andovor. Zon34g.By--;4w. . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. the sale. .of.her. . .res donee. which .doe a.not have tba mequired, frontage . . . . I . . . . . . . . . . or lot size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .9W . . . . .the . . . . . . . .Yarlan.c.e. . . . . . . . . . . . . . . . . . . . . . . .and hereby authorize the Building Inspector to issue a permitto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Sign William. NOrton, Secret . . . . . . . . . . . . . . . . . ,John :J Ship. qx . . . Assoc ate .Member. Board of Appeals Oversized Maps on file with the Town