HomeMy WebLinkAboutGOFF, JOAN �. L
Glia
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
0
AUG 10 1978 N August 10; 1978
DuhtjL'Lg Al Joan Goff
`crwoum w 80 Chickering Rd.
Petition #12
Daniel Long, Town Clerk
To*,m Hall
North Andover, Mn.
Dear Yr. Long:
A public hearing was held by the Board of Appeals on August 1 , 1978 upon application of
Joan Goff requestin a variation of Xec. 6.3 and Table 2 of the Zoning By-Law so as to
permit an addition to e=cistin; restaurant as shown on a plan of land dated June 15, 1978
prepared for,Albert DeCola and located on Chickering Rd. The following members were
present and voting: Alfred E. Frizelle, Vice-Chairman; R. Louis DiFruscio, Clerk; James
D. Noble, Jr. ; John J. Gaffny, III; and Assoc. Member, William J. Sullivan.
The hearing was advertised in the Lawrence Eagle-Tribune on July 15 & 22, 1978 and all
abutters .ere duly notified by regular mail.
Atty. James McInnis representing the petitioner stated that Mr. & Mrs. DeCola are willing
to purchase the property from Mrs. Goff if the Board of Appeals allows the variance. He
stated hardship in that the building was in existence before the Zoning By-Law was adopted,
it has been a restaurant, it is under the direction of a will.
Robert Lanzoni and. Peter Farley, Village Green Drive, voiced opposition.
A motion was made by Mr. DiFruscio to GRANT the variance of Sec. 6.3 and Table 2 and foot-
note 2 of the Zoning By-Law in accordance with Sec. 8.1 of the By-Law. The Board found
that the building was constructed prior to the existing By-Law and, further, finds that the
petitioner meets the requirements set forth in Sec. 9.5 of the By-Law in that relief granted
herein is not substantially detrimental to the public good and does not nullify nor sub-
stantially derogate from the intent or purpose of this By-Law. Further, that the literal
enforcement of the provisions of the By-Law would involve a substantial hardship to the
petitioner in that the petitioner, as executrix of the estate of B. Gaumond, is under an
order from Probate Court to sell the property and that the size and location of the build-
ing and physical character of the lot are unique to this parcel of land; the failure to sell
would be a financial hardship to the petitioner.
Goff Decision t -2-
In granting this variance the Board places the following conditions thereon:
1) that there be no further infringement upon the existing 15• space between the
existing building with addition thereto and the rear lot line. The rear lot line is
the 180' line on the southwest boundary;
2) that a fence be erected at the rear line as defined in Condition 11 of wooden, stock-
ade, or weave type which shall be satisfactory to shield sight and sound and shall not
be less than v' in height;
?) that the trash, grease, and garbage area be enclosed on all sides with sufficient
height to shield facilities from view;
4) if construction does not begin by December 31 , 1978 this variance shall be null and
void.
Mr. Noble seconded the motion and the vote was unanimous.
Very truly yours,
BOARD CF APPEALS
Alfred E. Fri;zelle,
Vice-Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . August 10.;. .1.9.78. . . . . . .
Petition No.. .1.2-'78. . . . . . . . . . . . . .
Date of Hearing. .August 1 , 197.8. .
Petition of . . . . . . J0.9Pd DOFF
Premises affected 80.Chickering Rd.
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North Andover Zoning By—Law Sec. 6.3 & Table 2 & footnote 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit an addition to existing restaurant
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . .DANT. . . . the
Variance and hereby authorize the Building Inspector to issue a
permit to . .Joan. Go f.or Albert ,DeCola. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1) that there be no further infringement upon the existing 15' space between the existing c
building with addition thereto and the rear lot line. The rear lot line is the 180' line
on the southwest boundary; 2) that a fence be erected at the rear line as defined in ;
Condition 7"1 of wooden, stockade, or weave type which shall be satisfactory to shield
sig7at and sound and shall not be less that 6' in height; 3) that the trash, grease, and
garbagci area be enclosed on all sides with sufficient height to shield facilities from
view; 4) if construction does not begir$igned
by December 31, 1978 this variance shall
be null and void. Alfred N. Frize. . . .lle, Vice—Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
R. Louis DiFruscio, Clerk
James D. Noble, Jr.
. . . . . . . . . . . . . . . . . . . . . . . .
John J. Gaffny, III. . . . . . . . . . . . . . . . . .
William J. Sullivan, Assoc. Member
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
Oversized Maps on file with the Town