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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
April 28, 1958
The Board of Appeals held a hearing on the application of Edward J. Riemitis
on April. 14, 1958 at the Town Building. The application of the Petitioner
was for a variance from the requirements of the Zoning Ordinance, Section 7,
Paragraph 7.4 so as to permit the erection of a building 401 x 301. At the
hearing, Counsel for the Petitioner stated an error had been made in the
application and the building was in fact 40t x 721. The proposed use was
for the processing of radio components. The Board heard the Petitioner,
through his Counsel who stated that because of the small size of the lot,
it being in an industrial district, it was impossible to meet the requirements
of the side lines.
The Board finds that the premises in question are on Osgood Street and that
the dimensions of the lot are 100 feet on the East and West and 200 feet on
the 'forth and 225 feet on the South. The frontage on Osgood Street is 100
feet. To the North of the premises in question is a vacant lot and is zoned
Business. To the South is another lot likewise zoned Business. To the West
is property of the D & G Realty Trust.
The proposed building was, according to sketches submitted to the Board, of
brick and it is proposed to have therein garages for two light trucks to be
used in connection with this business. The Board finds further that by sub-
tracting the width of the building, 40 feet from the width of the lot itself,
leaves the Petitioner with a total of 54 feet. If the Petitioner placed his
building in such a way the side lines would be equally distant on either side
of the building, the Petitioner would still be unable to meet the requirements
of the 35 foot side line requirements.
The Board further finds that the lot was duly recorded by deed at the Registry
of Deeds for the Northern District of Essex prior to the effective date of the
Zoning By Law. Upon motion duly made and seconded, it was unanimously voted
that the requirements of the Zoning By Law, Section 7.4 be varied so as to
allow a side line of 20 feet on the Northerly side of the proposed building
and 34 feet on the Southerly side of the proposed building. The Board assigned
for its reasons the following. The lot in question is in a business district
and by law in the business district the side line requirements Of w4ch are less
than that rewired in an industrial $one, the lot was on record prior to the
effective date of the By Law, being an isolated lot, it would be unfair to the
Petitioner, in view of the character of the surrounding property not to be
allowed to build on the premises because of a more restrictive side line require-
ment that is required of the surrounding lots. The Board has taken a view of
the premises and cannot find that this particular lot differs in character in any
substantial way than that of the surrounding area.
The VARIANCE is granted on the following conditions3
1. That no building or part of any building nor any use be made of the
area between the North side of the proposed building and the North
lot line.
2. That no part of the proposed building shall extend beywd that set forth
on the plan as the proposed building,
Very truly yours,
TW OF NORTH ANDOVER
BOARD OF APPEALS
Daniel O'Leary, Chairman
Donald F. Smith
Robert Burke
Kenneth Terrous
Alfred Boeglin, ,Associate Member
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date April 28, 1958
Petition No.
Date of Hearing April 14, 1958
Petition of Edward J. Riemitis
Premises affected 1148 Osgood Street, North Andover, Mass.
Referring to the above petition for a variation from the requirements of the Zoning By-Law
so as to permit the erection of a one story building
After a public hearing given on the above date, the Board of Appeals voted to GRANT the
VARIANCE and hereby authorize the Building Inspector to issue a
permit to Edward J. Riemi'tis
for the construction of the above work, based upon the following conditions:
Signed:
Daniel O'Leary, Chairman
Donald F Smith
Robert Burke
Kenneth Terroux
Alfred. Boeglin, Associate Member
Board of Appeals
Oversized Maps on file with the Town
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