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Home My WebLink AboutPOWERS, DOROTHY RctivE� CP APR 14 1978 - 11135 N h^ WMAMM COMMONWEALTH OF MASSACHUSETTS [ESSEX, SUPERIOR COURT WALTER NIZIAK, and ) VIRGINIA NIZIAK, of ) North Andover, Plaintiffs ) i ) VS: ) FRANK SERIO, JR. , Chairman, ) COMPLAINT JAMES P. NOBLE, JR. , ) iRALPH R. JOYCE, ESQUIRE, and ) DANIEL J. LEONARD, ESQUIRE, ) ,all of North Andover, Board of ) ;Appeals under the Zoning By-Laws , ) AND ) ! DOROTHY L. POWERS, of North ) � 4� Andover, Defendants ) f Respectfully represent your Plaintiffs as follows : 1. ) That your Plaintiffs, Walter Niziak and Virginia Niziaki, reside at #20 Cabot Road, North Andover, Essex County, Common- wealth of Massachusetts; j 2 . ) That the Defendants reside at the following addresses , i respectively: Frank Serio, Jr. , 250 Hillside Road; James P. `Noble , Jr. , 11 Edmunds Road; Ralph R. Joyce, Esquire, 428 Pleasant I Street; Daniel J. Leonard, Esquire, 281 Brentwood Circle; all of ( North Andover, Essex County, Commonwealth of Massachusetts; and that all of said Defendants are members or associate members of Ijthe Board of Appeals of said Town; I i 3. ) That the Defendant, Dorothy L. Powers is the owner of and resides at #28 Cabot Road, North Andover, Essex County, Common wealth of Massachusetts; .I I I • Q it "An i4 - .�S9fFtUg�+44 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 14arch 29, 1978 Dorothy L. Powers 28 Cabot Rd. Petition #2—'78 Daniel Long, Town Clerk To-an Office Building North Andover, Ya. Dear Sir: A public hoa ring r:as held by the Board of Appeals on February 13, 1978 upon application j of Dorothy L. Pe c_rs requesting a variation of Sec. 6.3 and Table 2 of the Zoning By —Law so as to permit razing the present one stall garage and erecting a new structure to house two (2) cars and store yard equipment. The following members were present and voting: Frank Serio, Jr. , Chairman; James D. Noble, Jr. ; Ralph R. Joyce, Esq. ; and Associate Yembers, Sandra Tdunroe and Daniel J. Leonard, Esq. The hearing was advertised in the Lawrence Eagle—Tribune on January 28 and February 4, 1978 and all abutters were duly notif4ed by regular mail. Ynl,roce Choquette appeared on behalf of the petitioner. Ile submitted plans showing t'ie proposed placement of the new structure on the property at 28 Cabot Rd. The Duil3ing Inspector denied the applicant a building permit because the plan did not comply with the setback requirements of twelve (12) feet on the sidelines and twenty (20) feet front and rear. T�ir. Choquette explained that five (5) persons reside in the holi,:.e, there are four (4) adults and that they have four (4) vehicles and the existing ,-;tiaGe c.nd driveway are too small thereby causing a substantial hardship if the vari— ,_nce were to be denied. A petition was presented to the Board in opposition to the proposal which was signed f by ts'lenty—four persons, several of whom were present. 11r. 11alter Niziak of 20 Cabot Rd. , an immediate abutter, spoke in opposition expressing an opinion that the garage would detract from the area and he could not see where any hardship was involved. I motion to continue the hearing until the 74arch 13, 1978 meeting rias duly made and IIII seconded so that the site may be viewed on I-larch 11, 1978. The vote was unanimous in favor of the motion made by 14r. Joyce and seconded by Tfir. Moble. Pourers Decision The hearing re-convened on March 13, 1978 with Boird members, Scrio, Noble, Joyce and Assoc. member Leonard present. Assoc. member, Sandra Munroe who initially cat on the hearing i4as not present at the continuance. Nr. Choquiette presented a letter and sketch sent to the neighbors further explaining his intentions. Mr. ?;mak reitcreatcd his concerns and opposition. The Board found, based on testimonyprevented to it at the hearin -s and from viewing G le i ng the parcel, that the existing garaige is not adequate for a prercnt-day motor vehicle. The existing drivelay is narrow and the topography is such that one cannot open a car door svifficiently wide for safe and reasonable entrance and egress from the vehicle. Also, there is not sufficient room in the existing layout to remove the four (4) vehicles from the public street which is a requirement of the Town during certain tines of the year and that a substantial hardship did in fact exist. The Board further found that the proposed structure,' while larger than the existing garage, would be positioned in such away that the distance from it to any sideline would be equal to or greater than the distances to the present garage. The Board found the proposals to be consist- ent with the intent of the Zoning By-Law and would, in fact, not be of any detriment to the com-:unity in General or the neighborhood in particular. On a r,,otidn by J;r. ',obl e and s;econd by Vr. Leo:u31 d it v:::; _ f-fipor:eri to grant the varirnce :.ubj( ct to the, follo:ring co;iditions: 1. the nev.v sti icture be no closer than seven ('T) feet to the rear lot line; 2. the exzstini; urate be ra;.ed and its fourlr':,t i on covered over; 3. an eighteen ( ',S) inch tit•rip i,-,.-?.y be 1t'• ?,gid to the north side of the existing drive- way from the street line to a ;oint , of clo: cr than :even (7) feet to the rear lot line; no additional areas to be paved; 4, any new retaining .•:cells shall not exceed fifteen (15) inches in height above the paved drivel-:ay surface; 5, the! Petiti.oller forfeits any and all rights to may have, explicit or otherwise, undor ^cc. 1,. 122 (4) of the North Andover Zonirg By-Law in reference to Home Occup_tions. The rotion tra.s ,roved aid the Board voted (4-0) unanimously to MANT the variance rcgre;aed subject to the five (5) conditions st,tcd above. Very truly yours, BOARD OF APPEALS 'Ifrio- Jr. Chairm-an -" JL'.d:gb �- North Andover Mass. April 13, 1978 �= � s Certified to be a true : ATTEST: c ANM CLERK. 1 (2) 4 . ) That the Defendant, Dorothy L. Powers, filed a petition o the aforesaid Board of Appeals for a variance of Section 6. 3, able 2 of the Zoning By-Laws of the Town of North Andover, 1972 , s amended to date, to allow razing of the present one-stall arage and erecting a new structure to house two cars and store and equipment on said Defendant' s land at #28 Cabot Road, North dover, Essex County, Commonwealth of Massachusetts, said struc- ture to be closer to the rear lot line than allowable under said ening By-Laws; 5. ) That the Defendant members of said Board of Appeals held a public hearing on February 13, 1978 and said hearing was continued until March 13, 1978 , on said petition of the Defendant , grothy L. Powers, for a variance and said Board filed a Decision pith the Town Clerk of the Town of North Andover on March 29 , 1978 ranting said petition for a variance, an attested copy of which ecision and Notice of Decision is hereto attached and marked "A" i d made a part of this Complaint; i 6. ) That your Plaintiffs, Walter Niziak, and Virginia ,Jiziak, as residents of the Town of North Andover are granted ti he right to appeal to this Court under the provisions of General $F Laws, Chapter, 40A, Section 17. 1 i i F 1 r (3) 7. That the subject property consists of land and buildings similar and comparable to the surrounding land and buildings locate within the zoning district; 8 . ) That the Defendant members of the Board of Appeals found no circumstances especially affecting the land or buildings at #28 Cabot Road, which do not apply generally to the zoning dis- trict in which it is located; 9 . ) That the Defendant members of the Board of Appeals found no hardship, financial or otherwise, resulting from circum- stances especially affecting the land or buildings at #28 Cabot Road, and that do not apply generally to the zoning district in which it is located; 10. ) That as a result of failing to find those special circumstances, the decision of the Defendant members of the Board of Appeals exceeds the authority of said Board of Appeals; 11. ) That the granting of a variance will be of substantial detriment to the public good and will substantially derogate from the intent and purpose of the said Zoning By-Laws. 1i WHEREFORE, your Plaintiffs respectfully pray that said Decision of the Board of Appeals under the Zoning Ordinances of the Town of North Andover be annulled. WALTER NIZIAK and VIRGINIA NIZIAK, Plaintiffs, By their attorneys; A and STIMPSON es D. MooCentral venue Lynn, MA. 01901 lTel. 592-0055 I „♦, sMR4 < F: Aren7n ,:a ► S i. ►ass N'w ' '►rsaciiu=�', ' yF♦♦'rvrrr� TOWN OF NORTH ANDOVER MASSACIIUSEYrS BOARD OF APPEALS NOTICE OF DrCISION Date . , M41cgh. ?9.1. .1.97$. . . . . . . . . . Petition No.. .2r.1.7.8 . . . . . . . . . . . . . . Date of Hearing. . Feb: . 13,. .1.970. . Petition of DOROTHY L. PO1-1LR5 Premises affected 28 Cabot Rd. . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . Jt'L11, ";_Cu':cr ?ening By--la:a Sec. 6.3 {tad Table. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit -'-ing precet2t one -::tall j -axat;e and ei cti.ng,,.,igw stciieture to. . house 2 cars and store yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the 1',Jard of Appeals voted to .G-RA vT . . . . . the Varig?lee . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a 1 permitto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the r:•rnst.ructon of the above work, based upon the following conditions: 1. tht new utracture be no closer than seven ft. to the rear lot line; 2. •the e-•:i:.AinL j�ara.t;e be razed and its foundation covered over; 3. an 1811 sh ip may be added to the north side of the existing driveway from the street line to a point not closer than 7 ft. to the rear lot line; no additional areas to be paved; (continued on attached sheet) Signed Frank Serio, Jr. , Chairman North Andover, Mass. . . . . . . . . . . . . . . . . . . . . . . . . . . . April 13, 1978. James n. Tiobl_e, Jr. Certified ,to be a true co Ralph R. Joyce, 1'''q. ATTE$Ts . . . . . . . . . . . . . . . . . . . . . . . . _D,-iuiel J. Leonard, Esq...1. .A,soc. ]"ember APgi IIEL IDNG. CI1C . . Board of Appeals Dorothy L. Powers Conditions of Variance (cont'd) 4. any new retaining walls shall not exceed 15" in height above the paved drivel.-ay surface; 5, the petitioner forfeits any and all rights he may have, explicit or otherwise, under See. 4. 122 (4) of the North Andover Zoning By—Law in reference to Home Occupations. 17orth Ajidover Board of Appeals North Andover, Masa. April 13, 1978 Certified to be a true copy: ATTEST: cG• D NIEL GAG MOWN CLERK a .JAFFEE AND STIMPSON SECURITY NATIONAL BANK BUILDING SAMUEL H.JAFPEE 11932-1975) LYNN, MASSACHUSETTS 01901 ONE CENTER PLAZA HARVEY JAFIFEEI (617) 592-0885 BOSTON,MASS.O2106 'ROBERT B.ST114POON 1617) 742.2200 JOHN A. DRISCOLL,JR. RICHARD 5.OILMORE EDWARD M. MAIJONEY AMES D. M E J OOPd OFc�L DATE: October 20, 1978 DAVID B6RMAN DOCKET NO: 11135 TO: Clerk's Office Essex Superior Court Federal Street Salm, Massachusetts 01970 RE: WALTER NIZIAK, ET AL V. FRANK SERIO, JR. , Chairman, et al Gentlemen: 1 . Enclosed is Complaint and Entry Fee in the amount of $ Kindly enter same. Please note docket number on enclosed card and return to us. 2.? Please file enclosed pleadings: MOTION FOR SUMMARY JUDGMENT PLAINTIFFS' MEMORANDUM 3 . Please find enclosed Agreement to Extend Time for Answering Interrogatories. �. M t on 4, t Please place this case on 1y. List for Monday, November 13, 1978 1 I certify that this day I have given written notice, mailed, post-paid to James P. Noble Jr. , 11 Edmunds Rd. , N. Andover, MA; Frank Serio Jr. , 250 Hillside Rd. , N. Andover, MA; Ralph R. Joyce, 428 Pleasant,St. , LeonaN. Andrd, 2 Brentwood Circ e, N. An over, 'MA� Andover ? )kkX o :V)b= De ndan s that I marked said action for &ajing 11 on said day. ftp ? :n j k Very truly yours, RECE{VED James P. Noble, Jr. jAFFEE and STIMPSON OCT 1978 Frank Serio Jr. Ralph R. Joyce, Esq. D. L. Powers Daniel J. Leonard, Esq. By 'g��a C I i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: SUPERIOR COURT NO. 11135 WALTER NIZIAK, and VIRGINIA ) NIZIAK, of North Andover, ) Plaintiffs ) VS: ) ) FRANK SERIO, JR. , Chairman, ) JAMES P. NOBLE, JR. , RALPH } R. JOYCE, ESQUIRE, and ) MOTION FOR SUMMARY JUDGMENT DANIEL J. LEONARD, ESQUIRE, } all of North Andover, Board } of Appeals under the Zoning ) By-Laws, } ) AND ) DOROTHY L. POWERS, of North ) Andover, ) Defendants ) Plaintiffs move the Court pursuant to Rule 56 to enter a summary judgment for the Plaintiffs on the complaint filed herein on the grounds that there is no genuine issue as to any material fact and that the Plaintiffs are entitled to a judgment as a matter of law. In support of this motion the Plaintiffs refer to the pleadings herein, the attached zoning By-Law and the Plaintiffs' memorandum of law. WHEREFORE, the Plaintiffs pray that their motion be granted and that judgment be rendered as demanded in their complaint. By their Attorneys, JAAFFEE and STI/MPSON E wd and M. Mahoney 23 Central Avenue, Lynn, MA Tel. 592-0055 {1 S COMMONWEALTH OF MASSACHUSETTS ( ESSEX, SS : SUPERIOR COURT NO. 11135 WALTER NIZIAK, and VIRGINIA ) NIZIAK, of North Andover, ) Plaintiffs ) VS: ) FRANK SERIO, JR. , Chairman, ) JAMES P. NOBLE, JR. , RALPH R. JOYCE, ESQUIRE, and ) PLAINTIFFS' MEMORANDUM DANIEL J. LEONARD, ESQUIRE, ) fall of North Andover, Board ) of Appeals under the Zoning ) By-Laws, ) AND DOROTHY L. POWERS, of North ) Andover, ) Defendants ) This is an action brought pursuant to M.G.L.A. Chapter 40A, Section 21 to appeal a zoning variance granted by the Board of Appeals of the Town of North Andover (Board) . The Plaintiffs contend that the decision of the Board failed to make the necessary findings which are a pre- requisite for the granting of this variance. 1. THE BOARD FAILED TO FIND CONDITIONS THAT AFFECTED THE o SUBJECT PROPERTY AND DID NOT EFFECT THE ZONING DISTRICT GENERALLY i The Zoning By-Laws in effect at the time of this decision sets forth the criterion used in the granting of a variance. Section 9.5 Variance From Zoning By-Law "The Board of Appeals may authorize a variance from the terms of this By-Law where, owing to � r conditions especially affecting a parcel of land or a building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial or other- wise, to the appellant, and where desirable i relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. " i The Board failed to find that conditions which especially affect- ed this parcel did not affect generally the zoning district in i ' which the property was located. Without findings of conditions especially affecting the subject parcel, there can be no basis I for a hardship because under the statute these conditions must be the cause of the hardship. The Board's failure to so find is fatal. This finding is a statutory requirement set forth in M.G.L.A. Chapter 40A, Section 15 . The Court has stated that €P before a zoning variance may be granted all requirements of this ! section must be met. Sullivan v. Board of Appeals of Canton, (1962) , 345 Mass. 117 . It is clear from a reading of the Board' s decision that all the facts necessary to meet the statu- tory requirements have not been met. Zinch v. Zoning Board of Appeals of Framingham, 345 Mass. 394 . 2 . THE BOARD'S FINDINGS THAT THE PROPOSALS ARE CONSISTENT WITH THE INTENT OF THE ZONING BY-LAW AND WOULD, IN FACT, NOT BE OF ANY DETRIMENT TO THE COMMUNITY IN GENERAL OR THE NEIGHBORHOOD IN PARTICULAR ARE WITHOUT SUPPORT. The Board failed to make detailed findings in this area. The statutory requirements for grant of a zoning variance cannot be satisfied by mere repetition of statutory words. 2 - Sullivan v. Board of Appeals of Belmont, 346 Mass . 81. It is clear that the decision of the Board lacks the necessary basis and findings upon which their decision was based. The Supreme Judicial Court construes the statutory requirements strictly. Its attitude is represented by Blackman v. Board of Appeals of Barnstable, 334 Mass . 446 as follows: "This Court has said repeatedly that the power to vary the application of a zoning ordinance must be sparingly exercised and only in rare instances and under exceptional circumstances peculiar in their nature, and with due regard to the main purpose of a zoning ordinance to preserve the property rights of others. " It is clear that the decision of the Board exceeded its authority and accordingly should be annulled. By their Attorneys, JAFFEE and STIMPSON war M. Ma oney 23 Central Avenue Lynn, Massachusetts 01901 Tel. 592-0055 i } z O h 0 :E PROOF OF SERVICE O Esq , ss. No. 11135 o WALTER NIZIAK, ET AL FRANK SERIO JR. Chairman, et al LL1, Edward M.Mahoney fey for or in belsalf of do pldnti in do above action, certify that on October 20, 19-28 , I gave nod" to dw Iwood- a defendant in the above action, that I would*Hake a motion For Summary Judgment W in said Court at Salem, on the _—. 13thday of -_____Novem � be— -- 19-15- at 9:30 A.M. _ }}��,, vusin notification Cher to Bvered er !ed »osta�s �, to F Ai3 _-Sez ip, Jr. Q 250 HiYlside Rd. Nfo Andover MAS Ra h R. �O ce, ?428 Pleasant St. N. �- AAdOISTS.L7_-MAq n i. P.c1SeiPr�, 7r;; j-t�� ncp,- a►n. n�,,;ai .T. Leonard, a 28 Brentwood Cir�g N. Adover, MA; Jame Noble, Jr 11 Edmunds-Rd, -N. m Andover, MA. (Signed)_._ —__—_--- — 0 Edward M. Mahoney under siv pw&vkr of pw1wY MOTION LIST For November 13,x_ 19 78 - At -_ Salem.- Essaz, ss. No. 11135 -�-_-- SUPERIOR COURT WALTER NIZIAK, ET AL_ Plft VS. FRANK SERIO, JR. , CHAIR, NOTICE TO CLERK Plaosre place above actiat on AN for the above data, for hearing of -- - MOTION FOR SUMMARY i JUDGMENT i Motion has been filed 'and notice givers as required by Rule of ^Aosta. Attorney for Moving Party Edward M. Mahoney To be sent to Clerk D 7$ Nn Ulf SOL r40'Orl r, hP111L)t. :jy� ' ACHU9 I' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS f March 29, 1978 Dorothy L. Powers 28 Cabot Rd. Petition #2-'78 Daniel Long, Town Clerk Ton Office Building North Andover, 1°a. Dear Sir: A public hearing eras held by the Board of Appeals on February 13, 1978 upon application of Dorothy L. Powers requesting a variation of Sec. 6.3 and Table 2 of the Zoning By f -Law so as to permit razing the present one stall garage and erecting a new structure i to house two (2) cars and store yard equipment. The following members were present i and voting: Frank Serio, Jr. , Chairman; James D. Noble, Jr. ; Ralph R. Joyce, Esq. ; and Associate Members, Sandra Munroe and Daniel J. Leonard, Esq. The hearing was advertised in the Lawrence Eagle-Tribune on January 28 and February 4, 1978 and all abutters were duly notified by regular mail. Ambro::e Choquette appeared on behalf of the petitioner. He submitted plans showing t the prop u::e:d plaoeinent of the new structure on the property at 28 Cabot Rd. The Ij Building Inspector denied the applicant a building permit because the plan did not comply with the setback requirements of twelve (12) feet on the sidelines and twenty (20) feet front �irtd rear. Mr. Choquette explained that five (5) persons reside in the e 110)% , thero re four (4) adults and that they have four (4) vehicles and the existing and driveway are too small thereby causing a substantial hardship if the vari- ;'lice ;.ere to be denied. A petition was presented to the Board in opposition to the proposal which was signed by t;•' cnty-four persons, several of whom were present. Mr. 4lalter Niziak of 20 Cabot Rd. , an immediate abutter, spoke in opposition expressing an opinion that the garage would detract from the area and he could not see where any hardship was involved. A motion to continue the hearing until the March 13, 1978 meeting was duly made and seconded so that the site may be viewed on March 11, 1978. The vote was unanimous in favor of the motion made by Mr. Joyce and seconded by Mr. noble. Powers Decision -2- The hearing re-convened on March 13, 1978 with Board members, Serio, Noble, Joyce and Assoc. member Leonardrese p nt. Assoc. member, Sandra Munroe who initially sat on the r y hearing was not present at the continuance. Nr. Choquette presented a letter and sketch sent to the neighbors further explaining his intentions. Mr. Niziak reiterated his concerns and opposition. The Board found, based on testimony presented to it at the hearings and from viewing the parcel, that the existing garage is not adequate for a present-day motor vehicle. The existing drivel%ay is narrow and the topography is such that one cannot open a car door sufficiently wide for safe and reasonable entrance and egress from the vehicle. Also, there is not sufficient room in the existing layout to remove the four (4) vehicles from the public street which is a requirement of the Town during certain times of the year and that a substantial hardship did in fact exist. The Board further found that the proposed structure,' while larger than the existing garage, would be positioned in such a way that the distance from it to any sideline would be equal to or greater than the distances to the present garage. The Board found the proposals to be consist- ent with the intent of the Zoning By-Law and would, in fact, not be of any detriment to the community in general or the neighborhood in particular. On a motion by 11r. ",,oble and second by Mr. Leonard it was proposed to grant the variance subject to the fol.lo:aing conditions: 1. the new structure be no closer than seven (7) feet to the rear lot line; 2. the existing ;arage be razed and its foundation covered over; 3. an eighteen (18) inch strip may be added to the north side of the existing drive- way from the street line to a point not closer than seven (7) feet to the rear lot line; no additional areas to be paved; 4. any new retaining walls shall not exceed fifteen (15) inches in height above the paved drivei:ay surface; 5. the petitioner forfeits any and all rights he may have, explicit or otherwise, order Sec. 4. 122 (4) of the North Andover Zoning By-Law in reference to home Occupations. The motion was moved and the Board voted (4-0) unanimously to GRANT the variance requested 'subjc,ct to the five (5) conditions stated. above. Very truly yours, BOARD-OF APPEALS 1ti u , Prank Serio, Jr. , CbAirman JDN:gb rC.7 . r�NpRTy ,T F. APP IL 7T'1 1F. i ' 1855 �' ► '►SSACrytSSW��. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . I`axgb. ?9.,. .1.97$: .. . . . . . . . Petition No.. .2r.'.7.8 . . . . . . . . . . . . . . Date of Hearing. . Feb. .131. .1-978. . Petition of DOROTHY L. POWERS Premises affected . . . . . 28 Cabot Rd. Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover. Zoning By—Law Sec. 6.3 and Table 2 so as to permit razing present one—stall garage and erecting a,new. structure. to . . . . . . . . . . . . . . . . . . . . house 2 cars and store yard. e_quipment.. . . _ After a public hearing given on the above date, the Board of Appeals voted to .PANT, . . the Variance _ . - and hereby authorize the Building Inspector to issue a permit to . . 7Dorothy.L,. (Powers). Choquette. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the eniistruction of the above work, based upon the following conditions: 1. the new structure be no closer than seven ft. to the rear lot line; 2. the existing garage be razed and its foundation covered over; 3. an 18" strip may be added to the north side of the existing driveway from the street Line to a point not closer than 7 ft. to the rear lot line; no additional areas to be paved; (continued on attached sheet Signed Frank Serio, Jr. , Chairman James D. Noble, Jr. ' Ralph R. Joyce,. ."sq.•. . . . . . . . . Daniel J. Leonard, Esq. , Assoc. Member . . . . . . I . . . . . . . . . . . . . . . . . . Board of Appeals Dorothy L. Pourers Conditions of Variance (cont'd) 4. any new retaining walls shall not exceed 15" in height above the paved driveway surface; 5. the petitioner forfeits any and all 'rights he may have, explicit or otherwise, under'! Sec. 4.122 (4) of the North Andover Zoning By—Law in reference to Home If Occupations. North Andover Board of Appeals i }ar Y?j � a ¢• 1835 �,y�� ►y„�'�CHISgF�w •.trr�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . MEW0. 29,. .197$. . . . . . . . . . Petition No.. .2-'7.$ . . . . . . . . . . . . . . Date of Hearing. . Feb. .131- 1.97�. . Petition of . . . . . . . DORPTHYL. POWERS Premises affected 28 Cabot Rd.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . North Andover. Zoning By-Law. Sec._ 6.3 and Table 2 . . . . . . . . . . . . . . . . . . . . . . so as to permit razing. present one-stall garage and erecting. a.new. structure to, . . . . . . . . house 2 cars_ and store .yard. equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .GRANT . . . . . the -Variance . . . . . . . . I . . . . and hereby authorize the Building Inspector to issue a permit to . . Dorothy L. (,Powers.). ChQquette. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. the new structure be no closer than seven ft. to the rear lot line; 2, the existing garage be razed and its foundation covered over; 3. an 18" strip may be added to the north side of the existing driveway from the street line to a point not closer than 7 ft. to the rear lot line; no additional areas to be paved; (continued on attached sheet) Signed Frank Serio, Jr. , Chairman . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . James D. Noble, Jr. . . . . . . . . . . . . . . . . . . . . . . Ra.lph. . .R. .Joyce,. Esq.., Daniel J. Leonard, Esq., Assoc. Member . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Dorothy L. Powers Conditions of Variance (cont'd) 4. any new retaining walls shall not exceed 15" in height above the paved driveway surface; 5. the petitioner forfeits any and all rights he may have, explicit or otherwise, under Sec. 4.122 (4) of the North Andover Zoning By-Law in reference to Home Occupations. North Andover Board of Appeals CC. A►ex.Tn i !i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 29, 1978 Dorothy L. Powers 28 Cabot Rd. Petition #2-"78 Daniel Long, Town Clerk Town Office Building North Andover, Ma. Dear Sir: A public hearing was held by the Board of Appeals on February 13, 1978 upon application of Dorothy L. Powers requesting a variation of Sec. 6.3 and Table 2 of the Zoning By -Law so as to permit razing the present one stall garage and erecting a new structure to house two (2) cars and store yard equipment. The following members were present and voting: Frank Serio, Jr. , Chairman; James D. Noble, Jr.; Ralph R. Joyce, Esq.; and Associate Members, Sandra Munroe and Daniel J. Leonard, Esq. The hearing was advertised in the Lawrence Eagle-Tribune on January 28 and February 4, 1978 and all abutters were duly notified by regular mail. Ambrose Choquette appeared on behalf of the petitioner. He submitted plans showing the proposed placement of the new structure on the property at 28 Cabot Rd. The Building Inspector denied the applicant a building permit because the plan did not comply with the setback requirements of twelve (12) feet on the sidelines and twenty (20) feet front and rear. Mr. Choquette explained that five (5) persons reside in the house, there are four (4) adults and that they have four (4) vehicles and the existing garage and driveway are too small thereby causing a substantial hardship if the vari- ance were to be denied. A petition was presented to the Board in opposition to the proposal which was signed by twenty-four persons, several of whom were present. Mr. Walter Niziak of 20 Cabot Rd. , an ,immediate abutter, spoke in opposition expressing an opinion that the garage would detract from the area and he could not see where any hardship was involved. A motion to continue the hearing until the March 13, 1978 meeting was duly made and seconded so that the site may be viewed on March 11, 1978. The vote was unanimous in favor of the motion made by Mr. Joyce and seconded by Mr. Noble. Powers Decision -2- The hearing re-convened on March 13, 1978 with Board members, Serio, Noble, Joyce and Assoc. member Leonard present. Assoc. member, Sandra Munroe who initially sat' on the hearing was not present at the continuance. Mr. Choquette presented a letter and sketch sent to the neighbors further explaining his intentions. Mr. Niziak reiterated his concerns and opposition. The Board found, based on testimony presented to it at the hearings and from viewing the parcel, that the existing garage is not adequate for a present-day motor vehicle. The existing driveway is narrow and the topography is such that one cannot open a car door sufficiently wide for safe and reasonable entrance and egress from the vehicle. Also, there is not sufficient room in the existing layout to remove the four (4) vehicles from the public street which is a requirement of the Town during certain times of the year and that a substantial hardship did in fact exist. The Board further found that the proposed structure, while larger than the existing garage, would be positioned in such a way that the distance from it to any sideline would be equal to or greater than the distances to the present garage. The Board found the proposals to be consist- ent with the intent of the Zoning By-Law and would, in fact, not be of any detriment to the community in general or the neighborhood in particular. On a motion by Mr. Noble and second by Mr. Leonard it was proposed to grant the variance subject to the following conditions: 1. the new structure be no closer than seven (7) feet to the rear lot line; 2. the existing garage be razed and its foundation covered over; 3. an eighteen (18) inch strip may be added to the north side of the existing drive- way from the street line to a point not closer than seven (7) feet to the rear lot line; no additional areas to be paved; 4. any new retaining walls shall not exceed fifteen (15) inches in height above the paved driveway surface; 5. the petitioner forfeits any and all rights he may have, explicit or otherwise, under Sec. 4.122 (4) of the North Andover Zoning By-Law in reference to Home Occupations. The motion was moved and the Board voted (4-0) unanimously to GRANT the variance requested subject to the five (5) conditions stated-.above. Very truly yours, B�aRn APPEALS 1a 14 S's Vr Frank Serio, Jr.", Cdrman o �a JDN:gb v TOWN CLERK ;fu . p K ANDUV'M 2L ��.e0 d0V13 a2 r Oversized Maps on file with the Town