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HomeMy WebLinkAboutPROULX, GERARD osr .o t F+ Avwa7+ Pb k '> CH y yy TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 23., 1957 John J. Lyons, Torn Clerk Town Building North Andover, Mass. Dear Sir: In re: Appeal of Gerard Proulx MISION The Board of Appeals held a Public Hearing on Monday evening, September 16,. 1957 on the appeal of Gerard Proulx from the action of the Building Inspector in revoking a permit for the erection of an Indoor Riding Hall on the premises located on the North side of Berry Street. This Public Hearing was advertised in the Lawrence Evening Tribune on .August 31, 1957 and the abutters were duly notified. The members present and voting on this appM1,,w6res Donald F. Smith, Chairman; Daniel O'Leary, Nicholas F. Nicetta, Kenneth Terroux and Associate Member John J. Willis. -After due consideration of the evidence presented, Mr. Willis made the motion, seconded by Mr. Terroux, all members being present and voting, it was unani— mously VOTEDs That the decision of the Building Inspector in revoking a building permit for the erection of an indoor riding hall be upheld. RUSONS FOR DOCISION The appellant, Gerard Proulx, after a full hearing before the Board of Appeals held on June 222 1956, was granted a variance from the requirements of the Zoning By-Law of the Town of North Andover for the erection of an indoor riding ring on appellautts premises on Berry Street, upon the condition that the said indoor riding ring be erected on the east side of the cemetery shoran on a plan presented to the Board of Appeals by the appellant at the time of the said hearing. The appellant in this proceeding was duly notified of the variance and of the aforesaid condition and at the hearing on the present appeal admitted receipt of notice of the same. The appellant in this proceeding was notified by the Building Inspector on three occasions that he was building contrary to the terms of the variance. J o4'OOR 9�°4 G Ee.� '�w�• 1555 �y'.�! s r tr t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -2- September 21, 1957 The appellant in this proceeding when so notified by the Building Inspector that he was building contrary to the terms of the variance, by his rnm admission in the open hearing on this appeal, on one occasion stated that be would continue and "take his ohances" since be had expended considerable money in building up to that point. The Board finds that the conditions under which the original variance was granted were clear, that the appellant in this proceeding had knowledge of the same, and that despite warnings of the Building Inspector that he was in violation of the terms of the variance, the appellant knowingly continued in violation. The Board therefore finds that, the conditions under which the variance was originally granted having been violated, the Building Inspector acted properly in revoking the Building Permit originally issued. Sincerely, TOWN OF NORTH ANDOVER BOARD OF APPULS Donald F. Smith, Chairman <� Daniel O'Leary Nicholas.F. Nicetta Kenneth Terroux John J. Willis, Associate fiber DFS:ad Awn 'Yfyr t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 2, 1956 The Board of Appeals held a Public Hearing on Friday evening, June 22, 1956. on the application of Gerard Proulx, requesing a variance of the Zoning By-Laws so as to permit the erection of an indoor riding hall on Berry Street, North Andover. A previous Hearing date was set for Wednesday evening, Juge 13, 1956, but was cancelled. This Public Hearing was advertised in the Evening Tribune on June 155, 1956, and the abbutters were duly notified. Members present and voting on this application were: Ralph E. Finck, Chairman, Alfred Boeglin, Secretary, Kenneth Terroux, Nicholas F. Nicetta and Associate Member,Benedict Perrone who was designated to sit in place of Mr. Lund who was absent. After considering this matter, it was agreed to grant the variance on the condition that he build the indoor riding hall on the east side of the cemetary as shown on the plan submitted by the petitioner on the north side of Berry Streets North Andover. On the same date as above, the Board held a Public Hearing on the application of Howard L. Gilman requesting a variance of the Zoning By-Law so as to permit a special permit for the erection of a gasoline filling station. This Public Hearing was advertised inthe Evening Tribune on June 15, 1956, and all abbutters duly notified. A previous Hearing date was also set for June 15, 1956 but was cancelled. Members present and voting on this application were the same as above. After due consideration of this application, it was decided to deny approval on this petition on the grounds that the topography of land is not suitable for use requested in the petition as it would be located on the side of a hill, and also present a problem of safety factor to Western Electric. Sincerely, NORTH ANDOVER BOARD OF APPEALS cc. to Board of Assessors file enc. 1 plan (Proulx) Oversized Maps on file with the Town