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Home My WebLink AboutMOODY, WILLIAM } STM F � A # • 14 75 Ku o. DEC is TOWN OF NORTH ANDOVER 0„ ° MASSACHUSETTS r' N �0 � titi so titi BOARD OF APPEALS December 9, 1980 William R. Moody, Jr., and Claire A. Moody 59 Gray Street Petition No. 30-'80 Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 r Dear Sir: A public hearing was held by the Board of Appeals on December 8, 1980 at 7:30 p.m. in the Town Office Meeting Room on the petition of William R. Moody, Jr. and Claire A. Moody for a variance from the requirements of Section 7.3 and Table 2 of the Zoning By-Law so as to allow the continued use of a dwelling with side and front set back violations, as per plan submitted. The property in question is a single family dwelling with attached garage, located in the R-2 Zoning District. The, side line variance is for approximately nineteen feet and the front set back variance is for approximately 7/10's of a foot. The side line and front set back requirements are thirty feet in each instance. The following members of the Board were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairman; Richard J. Trepanier, Esq., Clerk; Walter F. Soule; and Raymond A. Vivenzio, Esq. William R. Moody, Jr., the petitioner, and his attorney, David F. Bernardin, of 11 Lawrence Street, Lawrence, Massachusetts, testified at the hearing. Mr. Moody presented a petition to the Board signed by several neighbors and abutters in favor of the allowance of both front set back and side line variances. No one spoke in opposition to the variances requested. The petitioner and his attorney explained that the property was bought by the Moodys in 1974. Title search conducted at that time showed that a variance had been requested of and granted by this Board in 1970 to allow the construction of an addition to the dwelling consisting of a garage and family room. The plan accompanying the Zoning Petition showed a proposed front set back in excess of thirty feet, consistent with the By-Law, and a side line violation on the northerly side of approximately four feet for which the 1970 variance was requested. William R. and Claire A. Moody Petition No. 30-180 December 9, 1980 Page 2 A copy of the zoning variance request plan as filed in 1970, and recorded at the Registry of Deeds was presented to the Board. Also presented to the Board was a copy of the building application made by the then owner to the Building Department following the granting of the variance in April of 1970, indicating that the purpose of construction was a one car garage and "room", presumably the family 'room. Apparently, however, the then owner decided to extend the construction by also putting on a porch to the rear of the family room. Nothing in the previous zoning decision, nor the plan submitted at that time, indicated that a porch was to be constructed, which construction would further violate the sideline requirement of thirty feet. In other words, no sideline variance was sought nor given for the porch built at the rear of the house. The Moodys were unaware of this fact when they bought in 1974, as mortgage banking practice at that time did not mandate "plot plans", or building location or setback plans. Now, however, as the petitioners testified, they have bought and moved into a larger home on Johnson Street, while the Gray Street property was under agreement, with a closing date set for October 31, 1980. Just price to the closing date, attorneys for the buyer of the premises received a plot plan now required by mortgage banks showing two violations, namely: a. The sideline violation relating to the porch as constructed. The distance from the nearest point of the porch to the adjoining lot line is 12.7 feet. Thirty feet is the standard, and a variance therefore of 17.3 feet is needed to allow the continued use of the porch; b. A minor violation of 7/10's of a foot was noted in the front set back standard of thirty feet. Presumably the zoning variance plan submitted in 1970 was in error in this respect. A variance of 7/10's of a foot, therefore, is required for the continued use of the garage (point nearest the street line), being located 29.3 feet from Gray St., and in violation of the required thirty feet. The hearing was conducted pursuant to timely publication in the North Andover Citizen on November 20 and December 4, 1980, and following the normal require— ments of notice by mail to all parties in interest as provided by statute. I William R. and Claire A. Moody Petition No. 30-180 December 9, 1980 Page 3 A question arose concerning the authority of the Board to hear and act upon the request for the front set back problem at this meeting. The notice sent to pasties in interest by the Board,and as published in the newspaper, although requesting a "variation" (sic) of Section 7, Paragraph 3 (General Dimensional Requirements, including front, rear, and side set back), referred only to the sideline variance requested of approximately 19 feet, and not to the front set back problem. Counsel for the petitioner presented a copy of a letter sent certified mail to all parties in interest notifying them of the petitioner's intention to request action on both the front and side line variances. A brief discussion followed concerning the requirements of legal notice pursuant to the Zoning Statute and whether there had been compliance with the law in this instance. The petitioner further testified that on account of this zoning problem, the sale of Gray Street was postponed until December 30, 1980, or as soon as the variance required might be granted, and the appeal period should expire; that the Moodys were carrying two mortgages as a result, and would not be able to sell their house without removing the porch in its entirety, and without removing the offending seven-tenths of a foot from the front of the garage (which would no doubt kill the pending sale), without the variance being granted as requested. The Board, upon motion by Alfred E. Frizelle, as seconded by Richard J. Trepanier, unanimously voted to GRANT the variance for both the side line and front set back as requested. In making this determination, the Board found that owing to circumstances relating to the shape and topography of the parcel of land at this address, and the location of the dwelling and attached structures, but not affecting generally the zoning district where located, a literal enforcement of the By Law would involve substantial hardship, financial and otherwise, to the petitioners, who bought this porperty in 1974 in good faith without knowledge of the zoning problems; further, that desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. Very truly yours, BOARD OF APPEALS Frank Serio, Jr., Chairman AEF/jw C1 O, rt 4-U -J�o 11 U W NORTry Y�' pCN►OR�••e� i tom-: Avng7A :� a '.f•. 1$$5 �i VV TOWN OF NORTH ANDOVER MASSACHUSETTS ej BOARD OF APPEALS c ti NOTICE OF DECISION Date . December. 9,. .1980. . . . . . . . . Petition No.. . . 30-!80. . . . . . . . . . . . Date of Hearing. . . December .8, .1980 Petition of . . . William. R.. .and. Claire.A..Moody. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . 59. Gray. Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . .Zoning. By-Lav Section .7.3.and. .Table. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit continued.use. .of .a.dwelling.with .side. and .front. sat .back. violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . GRANT. . . the variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio, Jr., Chairman Alfred E. Frizelle, Esq. , .Vice-Chairman . . . . . . Richard J. Trepanier, Esq., Clerk Walter F. Soule . . . . . . . . . . . . . I . . . . . . . . . . . Raymond A.. VivenzioI Esq. . . . . . . . . Board of Appeals Oversized Maps on file with the Town