HomeMy WebLinkAboutSOMERVILLE, WILLIAM AFAILM
; ' 04
'•s.. ^ to
° AUG7 1914
TOWN OF NORTH ANDOVER JOHN!. LYONS
o .TOWN CLS?
MASSACHUSETTS 'dooNOSRI m1h, �Zo
BOARD OF APPEALS 10 b2 E�Z2
August 27, 1974
William F. Somerville
91 Chadwick Street
Petition No. 13-174
John J, Lyons, Town Clerk
Town Office Building
North Andover, Massachusetts
Dear Sir:
A public hearing was held by the Board of Appeals on July 8, 1974 upon application
of William F. Somerville who requested a variation of Section 6.1 and 6.2 of the
Zoning By—Law so as to permit the division of land with 'building thereon for the
purpose of conveyance as shown on a plan of land located at 91 Chadwick St. The
following members were present and voting: Frank Serio, Jr., Chairman; Alfred E.
Frizelle, Vice Chairman; Dr. Eugene A. Beliveau, Clerk; William N. Salemme and
Louis DiFruscio.
The hearing was advertised in the Lawrence Eagle—Tribune on June 22 and 29, 1974
and all abutters were duly notified by regular mail.
The land is located at the south side of Chadwick Street and the west side of Moody Street
and consists of 23,166 sq. ft. The petitioner desires to divide the land into two
parcels consisting of Lot A (11,466 sq. ft.) and Lot B (11,700 sq. ft,), Lot A has a
2-;'i- story wood dwelling and a wooden garage located thereon.
The area is zoned R-4, having a lot area minimum of 12,500 sq. ft* and street frontage
minimum of 100 ft. The Board finds that since both Lots A & B have sufficient street
frontage that no variance is needed and, therefore, does not pass on this request
under Sec. 6.2 of the By—Law. On the question of Sec. 6.1 a variance is necessary.
At the hearing the petitioner stated that he has owned the land for approximately 35
ears. The lots have essentially maintained a separate identity, with lot B presently
pa
y y y�
overgrown. The petitioner is elderly and retired and wishes to sell Lot Be
The Board, in reviewing the provisions of Section 9.5 of the By—Law, finds that each of
the provisions therein have been met. There are numerous other small lots in the area
August 27, 1974 William F. Somerville Petition
and, in fact, some are smaller than the land in question. In granting this petition
the zoning district will not be adversely affected in light of the present make-yup of
this area. To deny this application, in the opinion of the Board, would create a
substantial hardship, financial or otherwise as the petitioner and the Board is mindful
in granting this petition of the provisions of Sec. 6.8 of the By—Law which grants
exceptions in certain instances. Further, to require the land to remain in its present
state would create an undue burden upon this petitioner. The intent of the By�Law
would not be nullified nor substantially derogated in light of the relatively small
amount of area for which the variance is granted.
Upon the motion of Dr. Eugene Beliveau, seconded by Mr. DiFruscio the Board voted
unanimously to GRANT a variance under Sec. 6.1 of the Zoning By—Law with the stipulation
thatAM land be used only for the construction of a single—family home.
Very truly yours,
BOARD OF APPEALS
� �Alfred E. Frizel e
Vice Chairman
AEF:gb
yrs-1 T
`fir�.OlF/ w
P � C4• \Y
, o r
F855 ,�%AI
4
�rr.,SgC ul S�.0
rYvvvq
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Ditto August 27x .1974. . . . . . . . .
Petition No.. 13- 74. . . . . . . . . . . . . .
Date of Hearing . .July. .1974. . .
Petition of William P. Somerville. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 91 Chadwick. Street . . . . _ . . . ,
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . .
Noi"fh Andover Zoning .By:LaW. Sec... .f.1.&. 6...? .
. . . , . . . .
so as to permit the division of. land .with. bui,ldiAc. thereon. for. the .pwpppe .of. . . . .
convey-ince
After a public hearing given on the above date, the Board of Appeals voted to . G'RAM. . . . the
variance and hereby authorize the Building Inspector to issue a
peanut to William.F.. Somerville, , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
the lot may be used only for construction of a single—family dwelling
Signed
Frank Serio, Jr., Chairman
. .
Alfred E. Fri.-elle, bice Chairman
Dr. Eugene A. Beliveau, Clerk
Louis DiPruscio
William N. Salemme
. . . . . .
Board of Appeals
FORM A
APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
8exrtember 6, . 19 74
To The Planning Board of the Toxo of forth Andover:
The undersigned wishes to record the accomparging plan and requests a determina—
tion by said Board that approval by it under the Subdivision Control Law is not
required. The undersigned believes that such approval is not required for the
following reasons:
1. The division of land shown on the accomparging plan is not a subdivision
because every lot shown thereon has the amount of frontage required by the
North Andover Zoning By-Law and is on a public ways namely, Chadwick
Street and Moody Street
being land bounded as follows:
NORTHERLY 118.81 feet by Chadwick Street;
EASTERLY 206.00 feet by Moody Street;
SOLPF'R'�:RTr-_117-01 ?Apt ]= land new or formprly of M 3'h and,
WESTERLY 1A0-2-2 f'Ap . bX PPron:Ret St:rggt.
2. Title reference: North Essex Deedst Book &j5.p Page 210 igil
91MMOMM Is M31 am -T= 01gi 61111tK= ;
Received by Town Clerks K ' Applic signetWpum F. SOMYILLE
•
'1'00
2 1g 14 1$ f8 App �3 a 8®, s attorney
Date. tq
o c/o Domenic J. Scalise, sq.
Time:
*fla160 Pleasant Street, North Andover,M21�-
9 �
Signat HN 79,4 home address--91 Chadwick St. ,No. Andover
a N�Rr N S ti Owner's signature and address if not the
applicant:
PER
O�0 En
f
Notice to APPLICANT/TOWN CLERK of Action of Plawdng Board on
Accompanying Plan,
1. The North Andover Plamiing Board has determined that said plan does
not require approval under the subdivision control lavt and the
appropriate endorsement has been made upon the same.
2. The orth Andove Board has determined that said pl
a vis j as defin by G.L. c. . 81—L9 and heref
b tted to it f r ap or the su on control
Very truly yours#
NORTH ANDOVER. P W BOARD
By
Date: CIA+ 1(14w�
FORK A
APPLICATION FOR ENDCRSRRLNT OF PLAN
BHLIEM NOT TO REQUIRE APPROVAL
19 .
TolThe Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determina-
tion by said Board that approval by it under the Subdivision Control Law is not
required. The undersigned believes that such approval is not required for the
following reasons:
1. The division of land shown on the accompanying plan is not a subdivision
because every lot shown thereon has the amount of frontagere aired by the
North Andover Zoning Bye-Law and is on a public wary, namely,
O and NOW
being land bounded as follow3:
IN
N .11� tMir t0► 1
IA 20LOO 9`60 %W I'&W' 1
'ffi2 117.b1 taw's 1rJ' 1Maed mvr or tara��r2! *t "UVW1 aM1.
190062 lwwt I" !MV." ..
2. Title reference: North Essex Deeds# Book # page
IMI
r
Received by k: Applic signa!ull WXZUW 10
Date: VePSM
Time: "M11', ftra fte"Wol
NIP Owner's signature and address if not the
applicant:
Notice to APPLICANT/TOHN CLERK of Action of Planning Board on
Accompanying Plan.
1. The North Andover Planning Board has determined that said plan does
not require approval under the subdivision control lax, and the
appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows
a subdivision, as defined by G.L. e. 41, a. 81-L9 and must therefore
be re-submitted to it for approval under the subdivision control law,
very truly yours,
NORTH ANDOVER PLANKING BOARD
BY
Date:
Oversized Maps on file with the Town