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Home My WebLink AboutHARGREAVES, MARJORIE +Fi �IIt�M :tp APft A Nva , o lOyH f TOWN OF NORTH ANDOVER p • �p MASSACHUSETTS S ED 0 � BOARD OF APPEALS April 25, 1969 Marjorie Hargreaves 42-44 Marblehead Street John J. Lyons, Town Clerk Town Office Building North ,Andover, Mass. Dear Sir: Upon application of Marjorie Hargreaves to the North Andover Board of Appeals for a variance under Section 6.31 of the local Zoning By-Laws so as to permit the division of an existing lot of land thereby creating lot of petitioner of approximately 10,900 sq. feet in size, a public hearing was held on Monday, April 14, 1969. This hearing was held in the Town Hall after having been ad- vertised in the Lawrence Eagle Tribune on March 29 and April 5, 1969 and with all abutters duly notified by certified mail. The members of the Board present and voting were: Arthur Drummond, Chairman; Daniel T. OILeary, Secretary; Donald J. Scott and J. Philip Arsenault, Esq. Since the Board comprised only four members, the decision must be by a unanimous vote. The petitioner was represented by Atty. Arthur M. Khoury, who stated that the petitioner was unable to financially maintain the entire lot in a presentable manner. It is the intention to convey a portion to adjoining landowner thereby assuring maintenance of the neighborhood and a neat appearance. Marjorie Har- greaves is currently unable to maintain entire lot in proper manner for appearance sake. This lot is located at the east side of Marblehead Street and west side of Baldwin Street and known as 42-" Marblehead Street. Speaking in favor of the petition was the intended purchaser of the land, Mr. Melillo, who owns the adjoining property. Mrs. Elwyn ging, an abutter, expressed concern about possible construction on the proposed lot but when assured by the proposed new owner that he intended it only for a play area for his children, she was atAisfied, and he stated that any stipulation by the Board to this effect would be acceptable. No one else appeared to be interested in the petition at the session. After a thorough discussion by the Board, Member Arsenault made a cation to GRUT the variance, Mr. O'Leary seconded the motion and it was so voted +n+anizi+usly. Marjorie Hargreaves -2 April 25, 1969 The principal reasons for granting and the condition imposed are as followss 1 Denying the petition would cause hardship, financial or otherwise, to the petitioner. 2. Granting the variance will not deviate from the intent and purpose of the Zoning Bp-Laws. 3, The requested variance will not adversely affect the public good to any substantial extent and will not materially affect the general character of the neighborhood. 4, A condition to this granting of the variance is that no building is to be erected on this lot. Very truly yours, BOARD OF APPBALS Arthur R. 3h�nond, C roman ARD:ad AL NORTh -00 t0-. ArRsLM :)a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . .44.1 .951, .1969 . . . . . . . . . . Petition No . . . . . . . . . . . . . . . . . . . . . . Date of Hearing. .4;14 . 1.4 .1969. . Petition of . .Marjorie Bargres ea Premises affected —.4244. Marblehead, Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nqrt4.4n47qr.Zoning ��I*v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . . ThS.4viJKQ4.Qf. 4A .aXtating lot.of. landAbereby. .creating Leat-of PO4i94Pr. Or x,. 10,900.sq.. ft. .in. size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to PAW. . . . the variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . .MarJorie .Harmaxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signed Arthur Ih apond, C1 Mu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a, Philip Araenavlt, .Ee$s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals r Form 81 P 2 (1963) North Anddver Planning 'Board - NOTICE TO TOWN CLEEK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW Name and Address of Applicant: Date of Submission ofPlan; ►i X Town Clerk, Town,-of North Andover Town Office Building .. North Andover, Massachusetts Dear Sir: " We forward to you herewith the original and one copy of the plaA�, described below, heretofore submitted to this Board under G.L. c. 41, s; 81 P, which you may deliver, upon request, to the applicant above named EXACT TITLE OF PLAN, with date and name of Surveyor: -- " MAN 4V614 1 MIN 01 1 1rm ale — 604„ 1%4 ,o NessaW 1101# bW ►s MONOWNWRERMvp I** Description of land "sufficient, for identification": swum 2AA 220749 Iwo. ms so& badge a =vatap I 1 Title reference: North Essex Deeds, Book , page s Attorney for Applicant:1L A2bc The action ,taken by=this Boardupon said plan is indicated upon-the reverse hereof. r (1) The North Andover'Planning Board has determined that said plan does not th require approval under the subdivision control law, and , e ro ri a Pp p ate endor semen t \ t has been made upon the'.same.. ? _ t - (2) ThejNorth Andover Planning Board has determined that said plan shows a suhdivisi ", a defined G L. c; 41, s. $1.�� d must there re bo re-SUliitted o it6r appr val under t1 sub ision control aw, �/ i ( e North n ver Planni g Board has determined p take no c on upo ' Y said plait. • ,• - Very truly yours, NORTH ANDOVER PLANNING BOARD . 2 7 Date! r r s. 1- \1 r r : i 1 T Form,81 P — 4 (i963) North'Andover Planfiing-Boat ; NOTICE TO TOWN CLERK OF"SUBMISSION TO PLANNING, BOARD OF FLAN DESCRIBED BELOW, f, BELIEVED NOT TO REQUIRE APPROVAL UNEER THE SUBbIVISION CONTROL LAW Name and Address of Applicant Date of Submissibli"of Plaa: Town Clerk, Town of North Andover Town Office `Building North Andover., Massachusetts ...Dear Sir: . Pursuant to the provisions of'G.L, c,,, 42, ss. 81 P and 81- T, you are ;hereby notified that the plan- described below has this day been submitted to the North Andover Planning Board for a -determination that approval.of. the same 'is not required by the subdivision control law. EXACT. TITLE OF_ELAN, 'with date .and name of Surveyor: � lowi Description of.,land "sufficientfor identification': Tim U" 44 ft fts 214 Title`reference: North Essex Deeds, Book page Attorney for Applicant: to Mot Ver truly yours,� r Ck(,k Albert, r a Attorney fo t 6 App3icant ppliE i•' s� i s APRIL779 I:O 4:,•iaas,��' L tis 16 TOWN OF NORTH ANDOVER o MASSACHUSETTS � 0 101iN 1. LYONS � C BOARD OF APPEALS G TOWN Lnn 5R w rp hORiR AR Sp�� £ay0 February 15, 1967 Town Clerk Town Office Building North Andover, Massachusetts Ref: Appl. 3-67 Marjorie Hargreaves 42-44 Marblghead St. No. Andover," Mass. Dear Sir: Upon application of Marjorie Hargreaves, 42 Marblehead Street, North Andover, Massachusetts, for a variance under Section 6 of The Zoning By-Law, North Andover, Massachusetts, the North Andover Zoning Board of Appeals heard subject application on the evening of February 13, 1967, at 7:30 P.M. The Hearing was heard in the Town Office facilities. Members present and voting were John J. Shields, Chairman, James Deyo, Daniel T. O'Leary, Arthur Drummond, and William Deyermond, associate member sitting in the absence of member Donald Scott. Representing the applicant was Attorney J. Albert Bradley. The petition was duly advertised in the Lawrence Eagle Tribune under date of January 28 and February 4s 1967. All abutters were duly notified of this hearing by certified. mail. Attorney J. Albert Bradley pleaded the application which provides for the changing of two lots, one originally 501 street frontage, a the Marblehead Street contains and a second lot known as t�2-!{.l�. ,Marble e d ng 1001 frontage. Attorney Bradley explained the site plan and explained the various reasons and complexities involved, and indi- cated the purpose of the application was to provide two lots with equal frontage, namely 751 front each, that there exists on the combined two lots, three two-family residential structures esti- mated in age between 75 and 100 years, and existing prior to the adoption of anv zoning regulations. Mr. Bradley explained that in common ownership by a Firs. Jewett, now deceased, there were no problems, but that as a result of the will of Firs. Jewett, there was deeded to the applicant Marjorie Hargreaves, a niece, the property located at 42-44 Marblehead Street with the greater amount of frontage, namely 1001 frontage. DECISION - II - HARGREAVES y review and engineering analysis indicated that the property deeded to others as a result of Mrs. Jewett' s will, namely the properties known as #34 and m36 in the front of the lot, and in the interior of the 10038 and 7#40 Marblehead Street, were con- tained on a 501 wide lot with no access or frontage. That in requesting the re-subdivision, it would allow a more equitable distribution of the total area of land, resulting in improved land planning and end land use. It is further explained that there is, as shown on the larger lot, a dotted line indicating an existing driveway with a turn-around which allows egress to the rear two family dwelling which will remain as a right-of-way over the Hargreaves property for the benefit of the occupants of `38-40 Marblehead Street. ISIr. Bradley further pleaded that to deny the application would create a severe hardship upon the present new owners of the lesser lot; that it was not in derogation from the intent of the existing zoning law or neighborhood influences or neighborhood values. There were no objectors to the application. The Board took this Hearing under advisement by vote, and while under advisement considered all the pertinent factors and duly examined the site plan made part of this decision. Upon motion of Member Daniel O'Leary, seconded by Member James Deyo, it was unanimously voted to grant the variance requested and approve the re-designation of the lot lines as indicated on a. Plan of Land of Marjorie Hargreaves, dated October, 1966, Brasseur Associates, Surveyors, for the reasons outlined herein. The principal reasons for granting this variance are: a) That to deny the application would create a severe hard- ship, both financial or otherwise, upon the present owners; b) That approval of said variance would not derogate from the intent and purpose of the existing Zoning By-Law; c) That the granting of said variance would not be detrimental nor adversely affect the neighborhood influences or derogate from neighborhood values since all existing structures and land uge shall remain fundamentally the same ; y �3 a. v ` EOISION - III - H .RGRE..VES d) That to the passer-by no evidence of street frontage variance would be notiaeably observable. This variance has been granted with the restriction that the present driveway would remain unchanged and be used as a right- of-way for the egress of dwellers occupying #38--40 Marblehead Street. Very truly yours, Jo4an Shields 'Ci h JJS:ea qp 4$ �' RECENE� •� R o FEB 171967 a o JOHN J. LYONS N mG TOWN CURK w NORTH ANDOVER 9 •g?•'��,oRtarp��g, F� kR1 7" iP0. N TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .?Ory ry.15a. 1967. . . . . . . . Petition No.. .3.-. 67 , . Date of Hearing.Fe ►.?-�j,. X%? Mar oris Hax ayes . . . . . . . . . . . . . . . . . . . . . . . Petition of arra . .j . . . . . . . . .�?'e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .42- A?arbleheSd At Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .North, Andovor. XoriJg.BY:flaws . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . so as to permit. . . . .the. sutXLiviSipA .Qt.,Jpts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . . . . . .the Variance aria . . . . . . . . . , , and hereby authorize the Building Inspector to issue a . . . . . . . . . . . . . . . permit to arra . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions:. �a �5 Tg 1j 7 9 / ! RICEIVEQ ao Signed r m FEB 1'71-967 t> John J. Shields, Chairma „ , , , , ,n JOHN I. LYONS Fya . . . . . . . . . . . . . . . . . . TOWN CLERK t1 w James.DeYQ�. .SeCrpta.r . . . . . . . . . . rL, NORTH AM OVER ��, sOSo av o. o: Daniel. T•: :O 'LeA •Y. . . . . . . . . . . . . . . . 1. Arthtar.:P u wad. . . . . . . . . . . . . . . . . . X31. i4Lm. pe mmQu 3s. Associate. Member Board of Appeals i a. Form 81' P - 4 (1963) North Andover Planning Apard NOTICE TO TOWN CLERK OF SUBMISSION TO PLANNING BOARD OF PLAN DESCRIBED BELOW BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: ` Date of Submission of Plan: June 6 1969 z•: tV03 F, Town Clerk, Town of North,Andover -- Town Office Building ding North Andover, Massachusetts Dear; Sir: Pursuant to the provisions of G.L. ce 41,' ;as, 81 P and 81T, you are' hereby notified that the plan" described below has this day been submitted to the" North Andover Planning Board for a determination that approval of the same is not', required by the subdivision control law. EXACT TITLE OF PLAN, with date and name of Surveyor: Lest t as shown an saJO pi.sn of Lord Owned by "asteria „ark,reev** , Chorlas C. Cyr, Civil Layinoor Description of "sufficient for identification 1,o t,. s, va sya+llm on said IIISM ou axstarly side of M9i16lish*at re Title reference: North Essex Deeds, Book 1084 , page 282 See Essex Probate .#221039 and #281217 A.tkorne' f$r•A�ppiic4ntt" Arthut M.Khoury, Esq, Very truly yours, a ,l r�., :•; MIT- Form tiForm 81 P - 2 (1963) North Andover Plate Hoard, NOTICE TO TOWN CI;MK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOVi Name and Address of Applicant: Date of Submission of Plant dmie Bo 1969 Town Clerk,;Town of North Andover j Town.Office Building North Andover, Massachusetts - Dear Sir: We forward to you herewith the original and new copy of the plan described below, heretofore submitted to this Board under G.L. c. 41, s. 81 P, which you may deliver, upon request, to the applicant above named. EXACT TITLE OF: PIAN, with date and name of Surveyor: Lot A as shown on said Plan of Land owned by Marjorie �\l ar reaves, ChI &TIOS C. Cyr, Civil Engineer Description of land "sufficient for identification"** , Lit A as shown on said Plan on easterly side of Marblehead ; StTeet. 1 , Title reference: North Essex Deeds, Book, 1084 Page 282 'See Wessex 'robate #221039 ,and 1281217 Attorney for Applicant: Arthur M. Khoury, Esq. The action taken by this Board upon said plan is indicated upon ,the J reverse hereof. (i} The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law, and the appropriate i endorsement has been made upon the same. (2) The Nort 'Andover Planning Board has determined that said plan shows a subdiv'sioa, fined by G.L. c. 41, s. �81L, and must therefore be re-submitted to it for approval under the subdivision control law. {3) a North Anr Planni d h to takection upon sai Very truly yours, NORTH ANDOVER PLANNING BOARD By i Date: II r Oversized Maps on file with the Town