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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