Loading...
HomeMy WebLinkAboutPERRY, CHARLES s fi t✓ q r,S" SS x Y n c ✓ r r Al Dear Sirs This Petit ioli "0 kam" so a 7 a •,�.nin�, O aanr 5, 196 act, ILOW leenW—ft—ft A1dla Ow "lung i"Os ' Tl` Oflias% now a Stta*81, L. MIMS SMA Alft" 1104U# Tlee chairman dead to flit in AmsiiV&4 L X0147+0. Cbarles B > r ro a va riat� at 406* 7e 'X,►S� Of 00 zoni.tt IY-am so as to Pandy UO Plaoing Of a dwallog h"Uff tam bF . Route 110 an Lest S? 9*0 the Cwwr of BoveA r and Uft.suvatso Tug public bmrhw vas advertised " tho 00" OR �►' 1%1 and 239, 19f o All abattsss %*3* WU7 10"Slowit tb" hearing, Mr. Pee *41al d that to stab it all of pis , and v 1.ikc to have his bOVAM'wnd in a ftr to have a plass tO UVIW. There wears appreodmately 3S p' 'Pnomat 3n Orpmation this Petitio Atty. Charlos Tra*17 repre ifttid the s fOMUI I at 10)f1mmSof also in op valtions At a special meeting b& d an Ossabor 23vto the Board dibifw"d and tsted on the petit . Mr. Gilt s Me& a wtim to ORANT the varlatiaoso mr* Und seeeoneied the motion NA than Vote use up esus. The 0oe" that this hes" vaaald not be detftOwtral to the igt veer traIr > y AD igen 4 T. newt C yyA.hi4i NoRTy AvaIL7A N �'��,•, 1885 yyy CHU5{i'f TOWN OF NORTH ANDOVER 'MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Petition No. Date of Hearing Petition of *a MOW Premises affected Referring to the above petition for a variation from the requirements of the so as to permit dt Ok - - -- After a public hearing given on the above date, the Board of Appeals voted to the TSA and hereby authorize the Building Inspector to issue a permit to ft" 1' MOW for the construction of the above work, based upon the following conditions: now b" 4 Aft A39" 440oku Board of Appeals THE COMMONWEALTH OF MASSACHUSETTS NORTH AM-OVER CITY OR TOWN BOARD OF APPEALS Fea11ruarI-•••23.2. 1962---------.19 NOTICE OF VAB.IANCE Conditional or Limited Variance or Special Permit (General Laws Chapter 40A,Section 18 as amended) Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted ToCHARLES----B'-----PSRRY...............•----........•.......-----........_..--•••---•-•----•-•--.......... Owner or Petitioner 51 Perry St. Address............... . •... -•----_•-...... City or Town....North..Andover,i__B!iasa. Lot 87, corner _of Beverly__& U1vnStreet._....___The_.�t _�i�pg--or._-a-.duelling Identity Land Affected on the above lot, being taken bar Route 110. ....-•---- •-•.... .......... by the Town of......North Andover,Mas3._.___._.._•_____________Board .of Appeals affecting the rights of the owner with respect to the use of premises on. LOT 87, corner of Beverly and Union Streets* . --•-•-........•••............. . street city or mown the record title standing in the name of Char le s_.B,..Perr;�• --------- -----------------------------••----• ---------- whose address is.......11..Perry.St.............. •............................ Street City or Town State by a deed duly recorded in the........................................County Registry of Deeds in Book •---------- ---- Page................. ---•••-----••----- .................................Registry District of the Land Court Certificate No.............. -• ................Book ................Page-----•-----•---- The decision of said Board is on file with the papers in Decision or Case No..?5-3.............. Ulf in the office of the Town Clerk----- North,And_QxAr,.._1 aas..----------- ------•------------------------------- Signed this---23.4'aday of-•••-••Fb)m4ry---------------------196 2 Board of Appeals- � Ir?--- /�. •-----A-Chairman Board of Appeals J -•----•---•--•••••-••-•-------••----•---•-•----•..Clerk Beard of Appeals Lawrence ,Feb.26,..........iq.6.. at......9.....o'clock and---------------5.._...........minutes 9,M. Received and entered with the Register of Deeds in the County of.E$SeX.-NQr.tA11..Diat-,- Book...953.............. Page....333............. ATTEST r � nif✓Ita �! y. Register o f Dee s"' " Notice to be recorded by City or Town Clerk. roRm 1094 Nos... w^nnaN. INC +,►i4 NORr APAILM :PV 's�Aceiug�� fTYM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 19, 1962 John J., Lyons, Town Clerk Town,Building North Andover, Mass. DaariSir: Ths' petition was heard at a meeting of the Board of Appeals on Friday evening, February 9, 1962 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; Henry X. Lund, Howard Gilman, Robert J. Burke and Associate Member Alfred Boeglin, who sat in place of Harold Norley. Charles B. Perry requested a variation of Sec. 7, para. 7.23 of the Zoning By Law so as to permit the placing of a dwelling being taken by Route 110 on Lot 87 at the corner of Beverly and Union Streets. This public hearing was advertised in the Eagle Tribune on January 16 & 29, 1962. A22 abutters were duly notified by certified mail of this hearing. There were approximately 25 people present. Atty. Fredric S. OtBrien represented Charles Perry, and showed plans and pictures, and explained at great length, as recorded in the Board's minutes, the nedd of the variance. Several abutters were recorded in favor. Atty. Charles Trombly, representing the Hayes family, spoke in oppositioU. Several abutters were recorded in opposition. At a special meeting held on February 15th2 the Board discussed and voted on the petition. Chairman O'Leary stepped down from the seat of Chairman and Mr. Lund took over as Chairman. Mr. O'Leary made a motion to GRANT the petition. Mr. Gilman seconded the motion. Mr. Lund, Mr. Gilman, Mr. Boeglin and Mr. O'Leary voted in favor. Mr. Burke voted against the petition. Mr. Perry applied under Section 7, para. 7.23 of the Zoning By4 aw and was granted the variance under the following reasons: ce was requested. the verism 1. A plan showed the proposed use of the lot on which 2. The lot in question is much smaller than the zoning requirements in the Village Residential district, has no more land available to meet the provisions of the By— Law and is comparable to most lots in the immediate vicinity. The lot was in ,y *ORTy .� S w. Arxu.M `rsACHUgQ'.t w '++vvv+l"` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS February 19, 1962 ..2- existance as such before the Zoning By Law became effective. Although it is 100 feet long, it is only 48.50 feet wide. Because of the narrow width of the lot it would be impossible to face a house on Beverly Street, the front and rear yard re- quirements being greater than the depth of the lot. By facing a house on Union Street, Mr. Perry could have only a 24rfoot house. The applicant's house in now located a short distance away and the land on which it sits has been seized by the Commonwealth by eminent domain for road purposes. This house is 31.3 feet wide and 39 feet long and would occupy 17% of the lot area. It is feasible to move the house to the lot for which he seeks a variance. If the lot is to be used it seems reasonable for the applicant to use it in accordance with his petition for a variance. The lot in question is one of very few open lots within the area and at present is in an unsightly condition, containing an old abandoned store which will have to be taken down to make room for the house. 3. The applicant has lived in the neighborhood for seventy years. The variance may be granted without substantial detriment to the public good and without nullifying or substantially deviating from the intent and purpose of the Zoning By-Law. The direct abutter to the east of the lot in question is 7.24 feet from their west boundary and about 7.5 feet from their east boundary. The property directly to the north contains a house which is 12.42 feet from its south boundary and has a garage which is only 5 feet from the south boundary. We find that the placing of the Perry house 6.43 feet from the east boundary and 10 feet from the west boundary is in substantial accord with the placing of other houses in the area. very truly yours, BOUD OF APPEALS Daniel T. O'Leary, Chairman AD Arau7r+ Spr w q TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Eebrtaa?`T. 19, . . . . . . . . . . Petition No.. . . . . . . . Date of Hearing. 7'ebrt447- .9., 1962 Petition of. Charles. B.—Perry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected. . . 4t-07.*. corner,of, Beverly, and.vaoa. 3troets.. . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .North.lndover .Zoning. 1y Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. . . the.planing.of.a dwelling,on. the above. lot, .being .taken.by . . . . . . Route 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . . .the . . . Varianee . . . . . .and hereby authorize the Building Inspector to issue a permit to. . . . . .Charles B. .Perry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: �L� a. Signed` ..•:c C.�� -� ei . .o= a , .cb . . . . . . . r Henry s. ., ,u,a. . . . . . . . . . . . . . . . . . . . . . . Howard Gi1> n. . . . . . . . . . . . . . . . . . . . . . . J. . awk►. . . . . . . . . . . . . . I . . . . . . wed .Bcaog7ia,. Agaoeiata Member. . Board of Appeals r' I TRIC[ RR.ID2NC6 M'URDOCK 2.1937 MURDOCK 3-3243 CHARLES W. TROMBLY ATTORNEY - AT - LAW ,O 11 12 523 BAY STATE BUILDING O9 13 LAWRENCE. MASSACHUSETTS 0 CD i9ou IYONS �� ,10R1�i ;��)3'<-^ •pro` 2°2 March 6 1962 Town of North Andover John J Lyons, Town Clerk Town Building No. Andover, Massachusetts Re: Francis L. Hayes, et a1, Pe6.tioners VS* Daniel T, O'Leary, et alii, members of the Zoning Board of Appeal, Res- pondents Charles B. Perry, Respondent Dear Mr. Lyons: Notice is herewith given under General Laws, chapter 365 of the Acts of 1960, Genral Laws, chapter 40A, section 21, and amend- ments thereto, That the original bill in equity was filed this,-- day his,day in the Essex Superior Court at Lawrence, a copy of which is at- tached hereto for your records. Trusting that you will make this Notice and this copy of the Bill in Equity part of your records togetherwith the original decision entered on February 21, 1962, I remain Sinceaely yours., QQ" Y-�1 �aZko Charles W. Trombly 7 CWT:c P.S. Would you please send me a letter acknowledging receipt of t4is letter and the copy bf the Bill in Equity. t IT ' as'asuclooma ' B868Xw �t8� In iw FRANCIS d. NABS acrd ' DOROT` # iw. WMW 101 Usion Str• Mor fir' *Wwobusettsi 1 We DA6IXL U WWI 21 Bil son; r Xos r# 1�Aii>7►oh roar rlel HENRY L 76 PradsotlR iitt., Bow Aniiwer# Mko"oh4eikes ROBERT-do It ChlaM�es'�yt .,� die. # 1�a 1 1 HOWARD L'. d 38 Magid $two i0. ALS BOX&M. ' bl Balftijj lie . o, iie Nrr .. As thM7 azo treabers of the, Sonift ,boa>Ed of Appeals et the IV= of , ` and CHARLES No nay 61 Perry St*s No* Andonrer� e33tr e� �SpEt APPEAL AND 1ILL IB' SQ PROVISION OF UNSEAL LABS (TWo RD*) WAPM 40 SECTION 210 AND AM ITS 3�1. i TO TUC 101ORABLR THE JUSTICES Of TO SUPWRIOR COST$ RRSPBC"TMoLY RIPAMWYOM MITIO / L. That your petitioners aro residents and ttxpyrore of North Axd~* f Goustir of Xnrex and Casoosarealth •of Massooknoette arA are re Of a k/6 one undivided interest in real estate 01tMA . at 13e. 101**u 10& Union Street in said 2erth And~# tontiguaft to 00 rearl estate l and by the rospo*wwt Charles ii. Ferry "A that tbaiy are aggr ev*4 appellants. !, F. 2kot the re►s nte, Daniel To OtEAarys RwWy Lbradi R*Wrt J. Bupri©s* ward` L„ 011man, .and Alfred 80e911n, are all residsx t of North Are» drnrar and are all rrrexhors of the, Zoning Board of Appeals of %be-ToiM of ipar* Aadv or with the e:oeption of Alfred Doealine IhD ie as as0e0 elate newher of the Zoning Board of Appeals of tie 30" of iirri U Are+ dorm and fto sees designated by the Chairlsan DRAW T. l?�Lsary eit In this osteo* 3. That the reepesdsffit Charles B. Perry to a resident of North Andwwrr V asd the owner of the real estate rel'*n*d to as "Lot 87 at the aomw 1 of Beverly and Union Street• and t o to that Original Petitioner in the setter before the forth r Beard of Appeals frooa which this Alp* peal Is lainra. 9.0 That on or about Amory 160 1962 a Notioe was caused to be p0lie I is the Lawrenoe BakUwTribww on behalf"of the 1v0 * Charles Uwy' ! Perry* bequestiag avarlation of "9eetiera To paragraph 7.23 of �►e ' 77 t zoning #�► .o "lit lw plsisiro6 ora,s a6oell lore F„ by howto UQ 44 lit ST at The sornor„or Velmwlr s d Star” 6. That on Feb rusryr 9, 100 a pyylrl s hearing eras hold by Vw Sward or APP64'1rs#u the respondent members- of the board of Appals •itla *0 glias the associate member, set and listened-to 'eriftwof Alt_ that sleeting the petitioner appowped in Raver witth'aitgessrtos and 61po praxImUly 69"00 (18) people were promeat in opposition to this poti:tion, s. That on February 29, 1S02 the Zoning of Appeals rsndsrod J%X dew aision; said decision was filed in the Offios of j& loft Clorx9t of ties Town of North Andever on February 21s 1062s a oartifted copy of wbiab is hereto attached and marked *A". And your appollents say that 13sar doe sign of the Zoning ward. of Apw peals dated October 24, 1561 and filed with the Tem Clarice on As,• tuber•S'6, 1961, exoseded the authority of the Zoning Beard of Appeals, that it is.eontrary.to tabs provisions of Section 6.01 of The Vera Andover,Zoning I By*Lawat, t;+<raeat it is vagus and indefinite wA oibls, that it doss not specify what varia mse is granted and As VArow fare a nullityb that the 'decision does'not set tooth olearrly alas reason, or roasons for Its declaim as required by General hens (Toro, 44) Chapter'4QAs Section 18. 0. That the dosis as b,"14 a Muity teoaaa"o the beard, innoting the some exceeded Its authority under General laws, Chapter 'Us Section lades Fg 9. Thant the board hsd�no ,r it cation nor grant MWu siaaa o this Board dated October 24, 1961 Involving the same parties and the go= lased is presently pending upon appeals in the Superior `°owns Essex County, Equity Rocket number 14 M. WaRAFORE, your potftoloxeers being aagplovsd by said decision of the respondent members of the Zoning Board of Appeals of the Town of forth Anodover# !'sled on February 210 1962 also and a►gdrisved by the other acts and Oomduot of amid Zoning hoard of Appeolss in acoordaaaae with General laws (Tore. 2d,), Chapter Wks Section 21 and smsnawzato thoretoo appeal said decision and other sets and conduct or Gold Luning Board of Appeals to the Superior Court" sitting in equity far the County of Essex* and pray that tPhs Honorable Court oha114 I* bear all of the pertinent evidence and detersim the facts* upon the facts sea determlzed# aauul and adjudge Invalid the decision of the said Zoning board at Appeals far the re asons of lass` heroiubofere set forth, 39e Make such other dooroes and orders as equity in Justice M' rsquirs, Musts L« Physa, MA Dorothea A Mayoras Petiti OvArs. aa a r Gas yo e r aeyr 4 t Fi A►aIL iT y: tass�,• aCH10 ,r TOWN OF NORTH ANDOVER "All MASSACHUSETTS BOARD OF APPEALS February 19, 1962 John J. Lyons, Town Clerk Town Building North Andover, Mass, Dear Sir: This petition was heard at a meeting of the Board of Appeals on Friday evening, February 9, 1962 at the Town Office Building. Members present axed voting were: Daniel T. O'Leary, Chairman; Henry E- Lund, Howard Gilman, Robert J. Burke and Associate Member Alfred Boeglin, who sat in place of Harold Morley. Charles B. Perry requested a variation of Seo. 7, para- 7.23 of the Zoning By-Law so as to permit the placing of a dwelling being taken by Route 110 on Lot 87 at the corner of Beverly and Union Streets. This public hearing was advertised in the Eagle-Tribune on January 16 & 29, 1962. All abutters were duly notified by certified mail of this hearing. There were approximately 25 people present. Att7. Frederic S. O'Brien represented Charles Perry, and showed plans and pictures, and explained at great': length; &A r000rded '; n tIhd --B'b4Lrd­ minutes, the need of the varioneo'R-:+ favor. Atty. Charles Trombly, representing the Hayes Family, spoke in opposition. Several abutterswere recorded in opposition. At a special meeting held on February 15th, the Board discussed and voted on the petition. Chairman O'Leary stepped down from the seat of Chairman and Mr. Lund took over as Chairman. Mr. O'Leary made a motion to GRANT the petition. Mr- Gilman seconded the motion. Mr. Lund, Gilman, Mr- Boeglin and Mr. O'Leary voted in favor. Mr. Burke voted against the petition, Ere Perry applied under Seotion 7, para- 7.23 of the Zoning By-Law and was granted the variance under the following reasons: 1- A plan showed the proposed use of the lot on which the variance was requested. 2. The lot in question is much smaller than the zoning requirements in the Village Residential district, has no more land available to meet the provisions of the By-Law and is comparSble to most lots in the immediate vicinity. The lot was in existence as such before the L{ ,�kORPy {F� APRIL7/7 x h Cflus�.t4 ► fVry TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 2, February 19, 1962 Zoni By-Law became effective, Although it is 100 feet long, it is only 8.50 wide. Because of the narrow width of the lot it would be impossible to face a house on Beverly Street, the front and rear yard requirements being greater than the depth of the lot. By facing a house on Union Street, Mr. Perry could have only a 24 foot housA. The applicant' s house is now located a short distance away and the land on which it sits has been seized by the Commonwealth by eminent domain for road purposes. The house is 31.3 feet wide and 39 feet long and would occupy 17% of the lot area. It is feasible to move the house to the lot for which he seeks a variance. If the lot is to be used it seems reason- able for the applicant to use it in accordance with his petition for a variance. The lot in question is one of a very few open lots within the area and at present is in an unsightly condition, containing an old abandoned store which will have to be taken down to make room for the house. 3. The applicant has live in the neighborhood for seventy years. The variance may be granted without substantial detriment to the public good and without nullifying ,or, substant1all1l,dgViatinlK, fro mmt!*he' U,tint and purpose of the Zoning By+•,�ieul «.; .A- =a p_.:. The direct abutter to the ea'A of the' lot in question is 7.21j feet f-lom their west boundary and about 7.5 feet from their east boundary. The property directly to the north contains a house which is 12.12 feet from its south boundary and has a garage which is only 5 feet from the south boundary. Vie find that the placing of the Perry house 6.43 feet from the east boundary and 10 feet from the west boundary is in substantial accord with the placing of other houses in thearea. Yours very truly, BOARD OF APPEALS /s/ DANIEL T. OILEARY Worth Andover, Buss. February 21 , 1962. Daniel T. O'Leary, Chairman, Received this ate, ATTEST r CJOHN /TOWN -Cm i ORRICE RESIDENCE MUROOCK 2-1067 - MURDOCK 8-8862 CHARLES W. TROMBLY ATTORNEY - AT - LAW o�gg1{�0 11fn2 ,� 523 SAY ATE BUILDING LAWRENCE.MASSACHUSETTS C-+� MEN �S U NJv 10 JOHN ]. LYONS November 8, 1961 0 70WN CLERK cb NUR7N AN �p �2€a 1, Town of North Andover John J. Lyons, Town Clerk Town Building No. Andover, Massachusetts Re: Francis L. Hayes, et al, Petitioners vs. Daniel T. O'Leary, et alii, members of the Zoning Board of Appeal, Respondents Charles B. Perry, Respondent Dear -r. Lyons: Notice is herewith given under Genesjal Laws, chapter 365 of the Acts of 1960, General Laws, chgpter 40A, section 21, and and amendments thereto. That the original bill inequity was filed this day in the Essex Superior Court at Lawrence, a copy of which is attached hereto for your records. Trusting that you will make this Notice and this copy of the Bill in Equity part of your records together with the ori- ginal me inion entered on October 24, 1961, I remain Sincerely yours, oe 5r' Char ... Trombly f) CT�TT:c oa 10 17 t? WIN NOV �� "1DHN7."LYOiLS - c� TR R NOTICE 11th r O��EZ 4 Notice is hereby given that the original Bill in Equity, a copy of which is herewith enclosed, was filed in the Superior Court for Essex County at Lawrence on November S, 1961. Charles W. Trombly, Attorney for the Petitioners. � v o R�cE�vE�r Nov 10 o JOt►N:J: Von �o TowN &ERK • �p HURTH RHWVM �d ZZ a ISSEKS We WIRM c ' MNCIS is 20* ' 103 Union Sty a llesf gad A. MUS 101 Union Std.41ss ANAOwseta V5. 21 Wilson H400 11% r ISulri �f I LUND T Prescott ' S We* Anlwwg stts; ROBERT J. B ]1t Chic14*, 14 4 t taotaetnti�lst RL L. OMAN 98 larbla'head fir# 046 _ e#►ts1 ALFRED BO 31 Baldwin $to# Sat. JIMSettoi As they are nombas>at as bard of Appesli b the TOM Of Nor*AaAwW and CHARLES } CHA LES H• FMT 51 Perry 5'to y No, Andeverp 1; APML AND Bnz Ill >QUm tB111BR PRom (V ==L IAAVI (TUC*ZD*) CStlli� h0A 3M 19112 L$D A B TO THE HONORABLE THE JV3TIXS OF TBE 3V.PIRICR CQUNTi Rzsi-,EcTFu= RmwIxT YOUR PSTITIONARSt 1. That yovar pant are residents and tazMsr# of North AudgTop County of bass and Camgoneaa3t h of Musachosetts and an asf a 2/5 we undivided interest in real estate eiteated at B4, 101PW { Union 3ttreet in said Borth Aaftfors contigWISS to the real estate 0*804 j by the respondent Charles B, Paartry.and that they arra aggrieved appellants. 2. That the rospeadisatoo Daniel to OILosxyi Henary LW4 R01341r6 J, Burley Hovard L. Gilwat and Alfred loaglias are all residents Of North Ani and are all members at the 1loning Board of Appeals of the Tom at NamrO Andover with the wiseption at Alfrodtooglinx who is an asaooiato bar of the Zoning Board of Appeals of the Toast of North Andover and vbo was designated by the e4wirman diel To O'Leary to sit is this +aaeo, I � 3, That they respondent Charles 8. Pte► is a resident ort North Andover and the owner of the real estate rem to as "Lot 87 at the career of Beverly and Unison Street" and he is the ti 3A s matter before the Bah Andover Board of Appeals from Whiab this Appeal is taloa. la. That on or about September 13, 1961 a Boti,es was sawed to b ar rAbliebod it, the Lawrence Sagle4ribmas on behalf of the resposdanto Cla rico S Perr7, 1waqusetinB a variation of "Section 7s paragraph 7.23 of site Zoning to t the a of a be taken Lav a as rad. �g � by a i� Sr$Y W p 3 Routs D—A eat U* 87 at tit serma ot Itr"04 and r That = Ostobw 3s, 19 5 Woo IIIA V* thf J*wP4 't,A whereist the rospendmt mouWast of the Hoard of ApplwQa with ko the associate m emberst sat and listened to ovi donsee At that Motiat the petitioner was bis only witness and approximately fifteen (35) people wo prosent laMmAtion to this peUtieno b. That on October 240 1961 this zoning baud of ;appeals ronderod its doom cisionj said decision we filed in the Offiwe of the Tows Clark of the Town of Horth Aadevor an October 26e 19610 a oartitied copy at fah is hereto attached and marked 'AAS' 79 And your appetUants say that the desiaieks of the SWAM Beard of Api+salb dated 0otabor 248 1961 and filed with the lose Clarkoee 0gtoba 26�; i961, exceeded the atthori t the of lsaU that it is IE,. �r"s�xy o t tC th �nsote y a not s if a sialli , t o aNr e on, « for its i decision as req �i� s : Section 18. r; 8. That the 4ocision is void and a nullity because the Board,in granting J ! the sa , exceeded its authority under Ooneral Laws Tero,d) Chapter ROOM a !It SiEt 'M E your potitioneri being aggrieved by said decision of the respondent i members of the Zoning Hoard of Appeals of the Town of north Andovets filed or October 26S 1961, also and aggrieved by the other acts and conduct of said Zoning board of Appeals, in accordance with General Laws ('fear,, 94) jChapter 40A9 Section 21 and amendments thoretes appeal said decision and other acts and aonduct of said Zoning Board of Appeals F. 310 the Superior � Court sitting in equity for the 6eun* of 14sext and pray that the 2+seeesable Court $halls 1, Hear all of the partirsat evideotae and determine the facts* 2, Upon the facts so determined* annul and adjudge invalid the desialft of the said Zoning Heard of Appeals for the reasons of law harolabi'fere set fot'th, f 34, Make such other deerees and arderc as oqutt4y is justi" may r EFrancis L* fty" 4001 f Do rothes A, Viers s By Their Attowneyst 1 'i e . t "An 00 tober 24$ 196 Jopn Jo, Lyons$, Tom Clark Town Office Building North Andover$ .Xassachu.eetts Door airs This petition was heard at a Wetting of the Board of Appeals *a► Tuesday evening# , oetobsr 3# , 1961 at the Town Offies BalldInge. Members present and voting wares Daniel 'Pe. OfLsary# Chaivims Henry Limdo Robert Jo Burke,*. Howard L„_ Gilman and Aesoeiaft Member Alfred Boogline The Chairman designated lore. Booglin to sit in place of Mro, Morleyt. Charles B. Persy$ . requested .a variation of Seo. . 7# Pu** . of the Zoning ByLaw so as to permit the plaeing of a dwell being taken by Routs 110 on Lot 87 at the Corner of Beverly and Union Stroosis . This . Public hearing was advertised in the Bagl&mTribune on September, 13# .. 1961 and September 23# . 1961. All abutters Weare duly notified of this hearing*. XV9 Perry explained that the Stato is taking all of his land# , and would like to have his house mowed in order to have a plaoo to live* There were approximately 15 people present In opposition to this petition. Attr; Charles Trombly represented the Hayes fmily of 03 ,Union Street# also in opposition* At. a special meeting held on Ostober 23rd# the Board disouseed and voted on the pettition, Up* Gilman made a notion to t T the variation. Mr* Lund seconded the notion and the vote was 'Aani100up Time Board decided that this house; would not be detrimental to the noighborhood. `an traly yours, BOARD OF APPEALS /s/ Daniel T• OILeary. DANIEL To AsLBARY# CHAIRMAN North Andover$, l&ss,. I aaerti.fy that the above is a true tWUO'tnobor incl copy being filed in the offies of the Town Cler 1961 ,T�11TOWN r 100*" ./JJ r�� .per/..•�� ... i Fi AFRIt7" s' y; 18bS ;`• ►yt 401 a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 214 1961 o� Og0910 �' 06 c� REc m OCT 26 19G1 ? p JOHN 7. LYONS N TOWN CLERK W � P�URT_H ADIDOVER. y� John J. Lyons, Town Clerk Town Office Building �dzz to OZ 6� North Andover,, Massachusetts Dear Sirs This petition was heard at a meeting of the Board of Appeals an Tuesday evening, October 3, 1961 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; Henry Lund, Robert J. Burke, Howard L. Gilman and Associate Member Alfred Boeglin. The Chairman designated Mr. Boeglin to sit in place of Mr. Morley. Charles B. Perry, requested a variation of Seo. 7, Para. 7.23 of the Zoning By-Lav so as to permit the placing of a dwelling being taken by Route 110 on Let 87 at the Corner of Beverly and Union Streets. This public hearing was advertised in the Eagle Tribune on September 13, 1961 and September 23, 1961. All abutters were duly notified of this hearing. Mr. Perry explained that the State is taking all of his land, and would like to have his house moved in order to have a place to live. There were approximately 15 people present in opposition to this petition. Atty. Charles Trombly represented the Bayes family of 103 Union Streets also in opposition. At a special meeting held on October 23rd, the Board discussed and voted on the petition. Mr. Gilman made a motion to GUM the variation. Xr. Lund seconded the notion and the vote was unanimous. The Board decided that this house would not be detrimental to the neighborhood. very truly yours'v BOAS OF APPEALS I" ' 0 AD "el T. OmLeary, C]aairmaaa LEGAL NOTICE TOWN OR RORTN ANDOVER BOARD OF APPEALS NOTICE Sept. 11, 1%1 t1,QR„T;� Notice Is hereby ��•uk •2 given lhot Me Board of ApaealsW9heoring aS1Towa BUlkllna,Horth Andover,on 7uesdovthe 3rd day of We- ber 1961, at 7.30 a. m. o'clock,to ail parties interested In the appeal of Charles B. Perry requesihw 0 variation of Sec. 7-Para. 7.13 of the Zoning By Law so a5 to permit the placing of a dwelling dno taken by Route 110 on Lot stat the ev Corner of Berly an c d By order of DANEBoard O L ARV. E.T—Seot. 13-Sept. 23. I 4 F Avau7rr �.A►, $139 10 11 yY1$SS • A !� sACHl15Q'.t 4 to \\ TOWN OF NORTH ANDOVER `t�'� U It MASSACHUSETTS a, 0o v BOARD OF APPEALS o NpRTN 2 2�e l2 � NOTICE OF DECISION Date October 24 1961 Petition No. Date of Hearing October ria 3-.%! Petition of Cbarles B 9es`r7r Premises affected Lrrt 87 at the Corner of Beverlyn_ d uwion Strests. Referring to the above petition for a variation from the requirements of the North Andover ZonixWa y-jAv so as to permit the placing of a dya3l33n_o_being-aken by Route 710 an Lot87 at the Corner of Beverly and Union Streets. After a public hearing given on the above date, the Board of Appeals voted to GRANT the Variation and hereby authorize the Building Inspector to issue a permit to Cbarles B Perry for the construction of the above work, based upon the following conditions: Signed: TieAM Land Robert J Burke Ipxard L Gilman Alfred Boeglia, Associate Member Board of Appeals Oversized Maps on file with the Town