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Home My WebLink AboutTURCOTTE, RAY ��yoxTy� • O 1a55 g 16 17 1g 7y c46 TOWN OF NORTH ANDOVER MASSACHUSETTS Ir 0 BOARD OF APPEALS ti July 2, 1974 R-Vmond G. Turcotte Berry Street Petition No. ll-'74 John J, Lyons, Town Clerk TornTn• Office Building North AAdover, Nassaohusetts Dear Sit': A public hearing was held by the Board of Appeals on June 10, 1974 upon applioation of Rago"d G. Turcotte who requested a variation of Section 4.129, 8.1 and 8.3 of the Zoning By-Law so as to permit the construction of a 3 bedroom residence to replace an axisti.ng residence as shown on a plan of laud, owned by Raymond 0. Turcotte, located on Berry Street. The following members were present and voting: Frank Serio, Jr., Chairman; Dr. EuWene A. Beliveau, Clerk; William N. Salome; Louie DiFruscio and Alfred E. Frizelle, Esq. The hearing was advertised in the Lawrence Eagle Tribune on ley 25 and June 11 19T4 and all abutters were duly notified by regular mail. The Petitioner is seeking a variation from the By-Law pursuant to the provisions of Sec. 8.1 and 8.3 of the Zoning By-Law to enable him to construct a new dwelling on land owned by him located at Berry St. The land is located in an Industrial 1 District, (Section 4.129 of the By-Law). At present the Petitioner occupies a dwelling on the land in question and the present use is a non-oonforming use per sec. 8.1. The d3;emma of the Petitioner is that he has discovered that his home is infested with termites. The termites have caused damage to the extent that it is not economically feasible for the Petitioner to rehabilitate the structure and in lieu of this he proposers to construct a new dwelling adjacent to the existing structure. The land in question was rezoned after the Petitioner had purchased his property. The Petitioner has made considerable improvements on the property including the development of a conservation pond. Across the street from the Petitioner, the land is zoned R-2 Residential and along the same side of Berry St. are several other resi- dential dwellings. At the request of the Board, the Building Inspector viewed the dwelling and ,gave a report, According to the report, the termites have indeed infested the premises. The basement of the property in a crawl space which is damp and the original owner -2- Raymond G. Turootte Petition Bo. 11-174 placed sawdust between the floor joists for insulation. These combined factors led to a breeding ground for the termites which later spread to the walls. The sill around the foundation has been eaten away and in the upstairs section the knotty pine panels have been eaters away. The Inspector viewed the dwelling from the outside and reported that the house is sway back which indicates to him that the wall is going down. It was the opinion of the Building Inspector that the dwelling has been damaged to the extent of 65%r or more of its reproduction cost. The Board, in making its decision, has taken into consideration the neighborhood and the present use of the land. It has also taken into consideration the extreme hard- ship which faces this Petitioner. In weighing the evidenoe, the Board decided to allow the Petitioner to construct a new dwelling on the property. The reason the new dwelling is being permitted is that termites infest not only the structure but, also, the ground beneath and surrounding it. In this case there is no basement, but a orawl space and it is not desirable to rebuild on this base. Therefore, the Board pursuant to Section 8.1 and 8.3 of the By—Law GRANTS the variance to permit construction of a residence on land zoned pursuant to section 4.129 with the condition that within 30 days after completion of the new dwelling, the existing dwelling,including foundation, which is infested be razed and removed from the premises, and further, that the land be filled and graded. Vggeepr�ryy��truly yours, %�.�OF APPB9L�R¢� Frank�S ri, Jr., C an gb 1g 11 CU oda` s�8o`0 9 a�O •,,D�N0RT/19�Q 17 18 t h• Avnn7n �m ►y�ACHuS� a `� p1. TOWN OF NORTH ANDOVER N MASSACHUSETTS BOARD OF APPEALS o o� NOTICE OF DECISION Date . . Julyt r •f 974 . . . . . . . . . . . . . Petition No..11-174 . . . . . . . . . . . . . . Date of Hearing. .June .14,. 19!7.4 . . Petition of Raymond. a.. Turcotte. . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .10erry' .S1t. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . forth.Andover,Zoning.8y ,air . .Sec,,. .4...129 4 8.1. 4.013. . . . . . . . . . . . . . . . . . : ... . . . . . . . so as to permit oonstruotion of. a 3 .bedroom .residonae .to. replace.an. existing. residence.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . After a public hearing given on the above date, the Board of Appeals voted to . ! . . . . . the Variance . . . . . . and hereby authorize the Building Inspector to issue a permit to Ttaymond.G.. T-arootte. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: that within 30 days after oompletion of the new dwelling, the existing dwelling, inoluding foundation, which is infested be rased and removed from the premises and that the land be filled and graded. Signed Oro., ,Chairam. . . . . . . Dr.. ..A.. Beliveau,. Clerk. . . . . . William.]f.. Salemme. . . . . . . . . . . . . . . . . Louis DiFruscio . . . . . . . . . . . . . . . . . Alfred E.. Fri zelle, Esq. . . . . : . . . Board of Appeals Oversized Maps on file with the Town