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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . November. 12 r . . . . . . . .
Petition No.. . ?-'.75 . . . . . . . . . . . . .
Date of Hearing. . Septa . ?5,. :1.975.
Petition of MM.15. OP .NQRT$. �.MVM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . .
Premises affected . . .]05. Yaasachusetts..wo.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North Andover.Zoning .By—Law —Sec. 6.2, .6.3. & .Table. 2. . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the const.ruotion. of .buildings.as. shcmm.on. the .submitted.plang. .said proposed
buildings will have less than the required setbacks and are proposed to be built on a
lot' M-Ving less thAii the required f 6htage:
After a public hearing given on the above date, the Board of Appeals voted to . .GRANT . . . . the
Vaxiances . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . Webber*s of. North.Andover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
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Signed
Frank .Serio,,.
Alfred E. Frizelle, Vioe—Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
William N. Salemme, Clerk
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Jamitkowski
Ralph Joyce, Jr.
Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
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�V_ 11g7 5 BOARD OF APPEALS
a Jom J. LYORS
TDM acm ° November 12, 1975
o N ANt74YER �
Webber's of North Andover
105 Massachusetts Ave.
Petition No. 12-175
Mr. John J. Lyons, Town Clerk
Town Building
North Andover, Ma.
Dear Sir:
A public hearing was held by the Board of Appeals on September 15, 1975 upon application
of Webber's of North Andover who requested a variation of Sec. 6.2, 6.3 and Table 2 of
the Zoning By-Law so as to permit the construction of buildings as shown on plans acoom-
panying the application and located at 105 Massachusetts Ave. The following members
were present and voting: Prank Serio, Jr., Chairman; Alfred E. Prizells, Vice-Chairman;
Wm. N. Salemme, Clerk; Walter Jamitkowski, and Ralph Joyce, Jr.
The hearing was advertised in the Lawrence Eagle-Tribune on August 30 and September 6,
1975 and all abutters were duly notified by regular mail.
This petition for a variance of Sec. 6.2 and 6.3 of the Zoning By-Law is for three
variances to allow construction of three structures - 80' x 101, 54' x 501, and 60' x 20'
at the premises located off Massachusetts Ave. and as described in a Plan of Land of
Webber's of North Andover, Inc. dated July 14, 1975 and made a part of this decision.
The facts in each instance cited above are the same. The petitioner purchased the pro-
perty with an existing structure located with less than the required side setbacks. The
frontage does not meet the minimum requirements of the By-Law because of a taking by the
Commonwealth of Massachusetts for Interstate Highway 495. The petitioner has utilized
the structure and outside areas for its lumber business and has requested these variances
to allow it to meet the needs of its business.
On a motion duly made by Member Prizelle at the Board's meeting of October 20, 1975 and
seconded by Mr. Salemme it was unanimously voted to GRANT the requested variances.
In applying the requirements of Section 9.5 of the By-Law, the Board found that the
petition passed each of the required tests. The land is located at the point where an
exit ramp from Interstate 495 intersects Massachusetts Ave. Prior to the taking by the
Commonwealth there would have been sufficient frontage to meet the requirements of the
By-Law. The building, of substantial size, was placed on the land prior to the purchase
i
' Nbvember 12, 1975 page 2-
Webber$s of R. A.
by the petitioner. There is no other alternative but to errand using the framework of
the existing structure layout. These conditions affect this parcel of land but do not
generally affect the zoning district. The land is zoned for general business which is
being conducted at the location. To deny this request would place a financial hardship
on the petitioner since it would be limited in its expansion and a denial would perhaps
force the petitioner to look elsewhere for the necessary space causing it considerable
expense in the process. The relief granted herein does not cause a detriment to the
public good and does not nullify nor substantially derogate from the intent and purpose
of the By-Law since the relief granted herein allows the future use of the zoning
district and conforms to the previous structure plan of the site.
Very truly yours,
BOARD OF APPEALS
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Alfred E. Frizelle,
Vice-Chairman
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Oversized Maps on file with the Town