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Home My WebLink AboutPROVOST, LEONARD RECEIVED �� w4 . Any appeal shall be filed bAtfll:L k AIG E�c:�"` '�: r'r within (20) days after the IVQN £� R!� {�. 4V date of filing of this Notice NOT 'y'. 1855 ;C�j`• �►p�gCH6 4' in the Office of the Town 4 �►�TTV i r� Clerk TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . .April„ Petition No.. . . . . .. . . . . . . $5. . . . . . . . Date of Hearing. .? P x7 i.l. 8.,. . 19$5 Petition of . LEONARD AND MARY PROVOST Premises affected Lot . 26 , _ High . Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Z gIl.i n g, .BY. .10a.w, Section 7, Paragraphs 7. 1, 7. 2 , 7.3, 7. 8, and Table 2 or a variance to alldw. .the _ owners, of. an, adjoining. .Iot . to , convey. .a ,tzianciIA14 ' parcel so as to permit . relief from . the. .riideyard. .s.etback . reggiremen.t, . .frozitage. re- . . . . ,qui re.ment, . and .lo.t . area .requi.rement .to. .al.low .th.e . cons.tructi.on. of a single family dwelling After a public hearing given on the above date, the Board of Appeals voted to . . Grant. , the variance *. _ and hereby authorize the Building Inspector to issue a permit to construct a single, family. .dwelling. .on. .Lot . 26.8 . High .s:tveet. for the construction of the above work, based upon the following conditions: (see attached) * for Salach (Lot 26 ) and Lundquist (163 High Street) . The variance shall be as set forth on the plan of land for Lundquist; namely, the frontage for the Salach lot shall be 50. 88 feet; the frontage for the Lundquist lot shall be 70 feet, In addition, the Board grants a variance for the area on the Salach lot and a side line variance for the Salach lot to allow construction to 13 feet Signed on either side and denies the variance for the rear setback. . . . . . .Frank . Serio, . Jr.., .Chairman Alfred E. Fri.zel•le, Esq. . .Vice Chair . . . . .Augustine. W, - Nickerson•.. .Clerk . . . . .William .J.. .Sullivan. . . . . . . . Walter. F. . . Soule. . . . . . . . • . . . Board of Appeals Provost, Leonard and Mary Petition No. 21- 185 April 12, 1985 Conditions of Approval: 1. That the construction on Lot 26 be limited to a single family dwelling. 2 . That no fence be erected on the Salach lot between the street. and the front line of the dwelling abutting Powers on the lot line. 3. That two (2) additional plans be submitted to the Board to con- form with the variances as granted. RCfwEr Any appeal shall be filed +1 OWN !OYG "OR1" within (20) days after the LFRK NORI'H ANDOVER date of filing of this Notice In the Office of. the Town 0 )3 AM Ts Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 12, 1985 Mr . Daniel Long, Town Clerk Leonard and Mary Provost Town Office Building Lot 26, High Street North Andover , MA 01845 Petition No. 21- ' 85 Dear Mr . Long: The Board of Appeals held a public hearing on Monday evening April 8, 1985 upon the application of Leonard and Mary Provost. The hearing was advertised in the North Andover Citizen on March 21 and 28, 1985 and all abutters were notified by regular mail . The following members were present and voting: Frank Serio, Jr . , Chairman; Alfred E. Frizelle, Esq. , Vice 'Chairman; Augustine W. Nickerson, Clerk; William J. Sullivan; and Walter F. Soule. The petitioners seek a variance from Section 7, Paragraphs 7. 1, 7. 2, 7. 3, 7. 8, and Table 2 of the Zoning By Law so as to permit relief from the sideyard setback requirement , frontage requirement, and lot area requirement to allow the construction of a single family dwelling or a variance to allow the owners of an adjoining lot to convey a triangular parcel to allow said construction of a single family dwelling on premises located on the East side of High Street known as Lot 26, High Street . This petition was presented simultaneously with a petition of Norman and Ellen Lundquist of 163 High Street, being Petition No. 22- ' 85. ' Counsel for the petitioner testified that the proposed lot, which will not meet the required area, frontage, or setbacks , will be consistent with other lots in the neighborhood. The lot has been abandoned over the years and the construction of a dwelling would improve the area. He added that the proposed dwelling could' be relocated further on the lot than is shown on the plan so that the rear setback variance would be unnecessary. He further testified that a second proposal would be to convey a sliver of land at 163 High Street to Lot 26, High Street . This conveyance would render Lot 26 in compliance with Section 7. 8 of the Zoning By Law which addresses "exceptions" to current zoning laws . 4 Leonard and Mary Provost Lot 26 High Street Petition No. 21- ' 85 April 12, 1985 Page 2 No opposition was voiced at the hearing.g. A request by a direct abutter prohibitingthe owners of Lot 26 from placing a fence between Lot 26 and 153 High Street was presented to the Board. Upon a motion made by Mr. Frizelle and seconded by Mr . Sullivan, the Board voted unanimously to grant the variance for Salach (Lot 26) and Lundquist (163 High Street ) petitions . The variances shall be as set forth on the plan of land for Lundquist; namely, the frontage for the Salach lot shall be 50. 88 feet; the frontage for the Lundquist lot shall be 70 feet. In addition, the Board grants a variance for the area on the Salach lot and a side line variance for the Salach lot to allow construction to 13 feet on either side and to deny the variance for the rear setback . Said variance is subject to the following conditions: 1. That the construction on Lot 26 be limited to a single family dweling. 2. That no fence be erected on the Salach lot between the street and the front line of the dwelling abutting Powers on the lot line . 3. That two ( 2) additional plans be submitted to the Board to con- form with the variances as granted. In granting', the variances , the Board finds that Section 10. 4 of the Zoning By Law has been satisfied. In particular , the Board finds that the proposed building lot is similar in size to other lots in the neighborhood and therefore, will not cause an adverse affect to the neighborhood in general . Further , the Board finds that a literal enforcement of the provisions of the Zoning By Law would create a hardship to the petitioners since the lot in its current state would be useless without the variances . Sincerely, BOARD OF APPEALS Frank Serio, Jr . , Chairman jw (plan to follow)