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TOWN OF NORTH ANDOVER c JOHN J. LYONS 4
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BOARD OF APPEALS
December 2, 1968
71-73 Saunders Street
North Andover, Mass.
John J. Lyons, Town Clerk William D. Whittaker
Town Office' Building
North Andover, Mass.
Dear Sir:
Upon application of William D. Whittaker to the North Andover Board of Appeals
for a variance under Section 6.61 and 7.23 of the North Andover Zoning By—Laws
so as to permit the erection of a two—stall garage, a public hearing was held
on November l8, 1968 by the North Andover Board of Appeals. The hearing was
held in the Town Hall facilities after having advertised in the Lawrence Eagle
Tribune on the dates November 2 and 9, 1968 and with all abutters duly notified
by certified mail. The members of the Board present and voting were: James A.
Deyo, Chairman; Arthur Drummond, Secretary; Daniel T. O'Leary, Donald J. Scott
and J. Philip Arsenault, Esq.
The applicant represented himself in the presentation to the Board. In substance
he argued that he had three cars, one of which was used for his business, and that
he had no place in which to garage the cars. He also had a garden and back yard
which if he had to build the garage as required would both be nearly useless due
to the narrow lot; also because of the existing dwelling, the turn to enter or
leave would be vary awkward.
There were no objections heard to the petition. On motion, unanimously approved;:,
the petition was taken under advisement.
Discussion of the petition disclosed that there was no real argument against the
petition, save for the two foot distance between the proposed garage and the lot
line. Other buildings in the immediate neighborhood were also very close, two
feet, etc., to lot lines; however, it wqs the opinion of the Board that the
petition would have been too severe a deviation from the Zoning By Laws if granted
as requested, but that a distance of five feet would be acceptable.
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Accordingly, upon a motion by Member Drummond, seconded by Member 0 Leary and
voted unanimously, the petition was granted with reasons and specifics as follows:
Whittaker -,2— December 2, 1968
1. A variance from Sections 6.61 and 7.23 of the Zoning By—Laws to the extend
of permitting the erection of a garage five feet from the northeast lot line.
2. Granting this variance will not deviate from the intent and purpose of the
Zoning By—Laws.
3. Granting this variance will permit a garage to be erected in keeping with
the immediate neighborhood.
Q. Not granting this variance would cause hardship, financial or otherwise, to
the petitioner in denying him a normally accepted custom of having a garage on
his lot for his personal use.
Very truly yours,-
BOARD
ours,BOARD OF APPEALS
H- By
I�IuJames A. Deyo, Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 15, 1969
71_73 Saunders Street
North Andover, Mass.
William D. Whittaker
John J. Lyons, Town Clerk
Town Office Building
North Andover Mass.
Dear Sir:
Upon application of William D. Whittaker for the reconsideration of our decision
filed December 23, 1968 with you and as provided for under the rales and regu—
lations of the North Andover Board of Appeals, specifically Article IV, Section 3,.
said Board acted on December 9, 1968 as follows: (See also petition filed on
December 2 1968 for additional details). Mr. Whittaker pleaded that the decision
filed, in essence permitting him to build a garage five feet from the side lot
line, would not give him the relief he sought without seriously affecting the
usefulness of his property to the rear.
The action of the Board was to accept the petition for reconsideration and after
discussing the particular circumstances of the petition voted to grant the
variance as requested by the applicant. Accordingly, on a motion by Mr. O'Leary,
seconded by Mr. Scott, and voted four in favor and Mr. Drummond abstaining, the
petition was approved.
The principal reasons for granting the variance and the specific variance approved
are as follows:
1. A variance from Sections 6.61 and 7.23 of the North Andover Zoning By—Law to
the extent of permitting the erection of a garage two feet from the side lot line
as shown on the plot plan accompanying this petition.
2. Granting this variance will not deviate from the intent and purpose of the
Zor_ing By--T„a.ws.
Whittaker -2_ January 15, 1969
3. Granting this variance will permit a garage to be erected in keeping with
the immediate neighborhood.
4. Not granting this variance would cause hardship, financial or otherwise, to
the petitioner in denying him a normally accepted custom of having a garage on
his lot for his personal use.
Very truly yours,
V
APPEALS
James A. Deyo., Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . January. 15, . . . . . . . . .
Petition No.. . . . . . . . . . . . . . . . . . . . . .
Date of Hearing. November. !$'- .1968
Petition of . . William D. Whittaker
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected 71-73 Saunders Street
. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North Andover. Zoning.By7Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . the erection of.a.gerage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . WIANT . . . . the
variance . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permitto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signe
Jaws A. Deyoa Chairman
Arthur Drupmwnd, Secretary. . . . . . . . . . . . . .
Daniel T• .O!Le.ax. . . . . . . . . . . . . . . . . . . . . . . . .
Donald J. Scott
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
J. Philip Arsenault, Esq.:
. . . . . . . . . . . . . . .
Board of Appeals
Oversized Maps on file with the Town