HomeMy WebLinkAboutQUARTARONIS, JOSEPH N0
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TOWN OF NORTH ANDOVER JUN IS 1974
MASSACHUSETTS 1QHN JL Lion �
BOARD OF APPEALS °o a
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June 17, 1974
Joseph & Marilyn Quartarone
Middlesex St. at Chapin &
Herrick Rds.
Johan J. Lyons, Town Clerk Petition #9-174
Town Office Building
North Andover, Mass.
Beat Sir:
A public hearing was held by the Board of Appeals on June 10, 1974 upon the
application of Joseph and Marilyn Quartarone who requested a Special Permit and
variation under Sec. 4.122 (14) of the Zoning By-Law so as to permit the conversion
of an existing structure into a three-family dwelling on the premises located at
the corner of Middlesex St., Herrick Road and Chapin Road and known as 150
Middlesex Street. The following members were present and voting: Frank Serio, Jr. ,
Chairman; Dr. Eugene Beliveau, Clerk; Louis DiFruscio; and James D. Noble, Jr. and
Alfred E. Frizelle, Esq., Associate Members.
The hearing was advertised in the Lawrence Eagle Tribune on May 25 and June 1, 1974.
All abutters were duly notified by regular mail.
On a motion by Mr. DiFruscio which was seconded by Dr. Beliveau it was voted to
grant the variance and Special Permit.
The Petitioner is seeking a Special Permit under Sec. 4.122 (14) initially refused
with the obstacle of the language in the By-Law which states in part "...the right
to convert any existing dwelling...". The word "dwelling" is defined in Sec. 2.31
of the By-Law as a building ... "used as the residence or sleeping place of one or
more persons...". The problem of the Petitioner is that the building he proposed to
convert was erected in 1905 and was used as a young men's club for many years and
thereafter it was used as a home for the American Legion. The most recent use of
the building was as a private school until there was a fire in the structure in 1973.
Apparently, the building has never been used as a "dwelling" under the definition
of 2.31 of the By-Law.
The Petitioner testified that it is his intent to convert the building into a three-
family dwelling which he feels is the most feasible and economical use of the
structure. He also testified that his alternative would be to demolish the structure
and divide the land into two lots which would be permitted under the By-Law. The
building is large and it would not be economically justified to use it as a single
family home. Accordingly, the Petitioner has applied for a variance from the word
Joseph & Marilyn Quartarone -2- June 17, 1974
"dwelling" in Sec. ¢122 (14).
The Board feels that a variance under the provisions of Sec. 9.5 of the By-Law
from the word "dwelling" in Sec. 4.122 (14) is warranted.
The zoning district is Residence 4 which permits the type of use proposed by the
Petitioner. The neighborhood would not be generally affected since the Petitioner
proposes no exterior changes, except for new windows and doors. The Board notes
that the building has been there some 69 years and its design conforms to the other
buildings.
,The By-Law Sec. 4.122 (14) originally read "building" until it was amended by
"Special Town Meeting on December 18, 1972. The intent of this change was apparently
to prevent conversion of old mills and factories into apartments and, hence, the
intent or purpose of the By-Law would not be nullified nor substantially derogated.
The Board further finds that in so granting this variance that there will be no
detriment to the public good. Further, that if the variance was not granted the
Petitioner would be faced with an economic and finanotal hardship in that his only
recourse would be to demolish the building and construct a new one in conformity
with the By-Law. Accordingly, the variance from Sec. 4.122 (14) "dwelling" is
granted.
With regard to the Special Permit, the Board pursuant to Sec. 9.5 (1 ) grants the
Special Permit and finds that the conditions stated therein have been met. The
Special Permit is granted with the condition that the building be converted in
accordance with the plans submitted by the Petitioner which includes the
requirement that no exterior changes, other than new doors and windows, be made.
Further, that all applicable.provisions of the Zoning By-Law, other than the
variance granted hereunder, and of the applicable building codes be met.
Very truly yours,
ARD OF APP LS
Frio, Jr. , hairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . ./.
Petition No.. . 9-!74. . . . . . . . . . . . . .
Date of Hearing. .June. IOr .1974. . .
Petition of . .Joseph. & Marilyn. .QuartAroAq . . . . . . . . . .
Premises affected . 15Q .Middlesex .St.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
& Special Permit
Referring to the above petition for a variatioVfrom the requirements of the . . . . . . . . . . . . . . . . .
. . . . .North .Andover. 2oning. By—haw.Sec. . .4.122. (.1.4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the conversion of-an. existing. structure. .into.a. three-family . . . . . . .
dwelling.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . grant. . . . . the
Variance. .& .Special .Permit and hereby authorize the Building Inspector to issue a
permit to Joseph & Marilyn Quartarone
for the construction of the above work, based upon the following conditions:
Signed
Frank _Serio,,. Jr., .Chairman. . . . . . . . . . . . .
Dr. Eugene Beliveau, Clerk
. . . . . . . . . . . . . . .
Louis DiFruscio
William N. Salemme
Alfred E. Frizelle, Esq., Asso. Member
Board of Appeals
Oversized Maps on file with the Town