HomeMy WebLinkAboutHADDOW, MARY Na�'M
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NOTICE OF DECISION
Date . . . . February .'9, 1981. . . . .
Petition No.. . . -91 . . . . . . . . . . .
Date of Hearing. . February. 9.,. .19$1
Petition of . . . . . . . . .Mary. .W.49W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .34. 32 Marblehead Street . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . :Zoning. �y.:J,e.>!r
Section. 7.,. .Paragrap4s .7p 1.,. .T•.?, .7•.3.,. .and. Table ,2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit the.division.of. a .paroel. of.land. without. the. .require4 .area.,. frontage,
and. .set:back, requirements. . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT . . . the
.variance . . . . . . . . . . . . . . . . . . . .
p0mit4@ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
Frank. Serio, .Jr.;, Chairman . . . . . . . . . . . . .
Alfred E.. .Frizelle,. _Esq,,. Vice-Chairman
Richard. J.. .Trepa4er7. .Esq..,. Clerk. . . . ,
Augustine Nickerson . . . . . . . . . . . . . . . . . .
Walter. F. .Soule. . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
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TOWN OF NORTH ANDOVER
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BOARD OF APPEALS
February 19, 1981
Mary Haddow
32 Marblehead Street
Petition No. 1 - 181
Daniel Long, Town Clerk
Town Office Building
North Andover, Mass. 01845
Dear Sir:
The Board of Appeals held a public hearing on Monday evening, February 9,
1981 upon the application of Mary Haddow. The hearing was duly advertised
in the Lawrence Eagle Tribune on January 26 and February 2, 1981 and all
abutters were notified by regular mail. The following members were present
and voting at the public hearing: Frank Serio, Jr., Chairman; Alfred E.
Frizelle, Esq., Vice-Chairman; Richard J. Trepanier, Esq., Clerk; Augustine
Nickerson; and Walter F. Soule.
The petitioner seeks a variance of Section 7, Paragraphs 7.1, 7.2, 7.3, and
Table 2 of the Zoning By-Law to enable the division of a parcel of land located
on Marblehead Street and known as 30 and 32 Marblehead Street.
The petitioner was represented by Attorney Stephen Duly who presented testimony
to the Board showing that the property was acquired by the petitioner in 1946.
There are two dwellings on the premises and the petitioner proposes to divide
the parcel so as to have a dwelling on each parcel. According to testimony, the
parcel at one time consisted of two parcels, and has been and is currently assessed
as two parcels of land. The petitioner claims that the unusual shape and size
of the parcel, coupled with the fact that there are two dwellings located thereon,
which were constructed prior to the enactment of the Zoning By-Law, creates a
hardship, including a financial hardship to the petitioner who desires to convey
each dwelling to two of her children.
Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, it was voted
unanimously to grant the variances requested by the petitioner.
R
Mary Haddow
32 Marblehead Street
Petition No. 1 — '81
Page 2
The Board finds that the unusual shape and size of the parcel and the two
dwellings (structures) located thereon have an effect solely upon the land
in question and does not affect the zoning district in general. The Board
further finds that due to the fact that the zoning district generally consists
of similar sized parcels, that the granting of the variance as requested is
without detriment to the public good and does not nullify nor derogate from the
intent and purpose of the By—Law.
Specifically, the Board finds that the unusual size and topography with structures
thereon would impose an undue hardship upon the petitioner if there was a literal
enforcement of the provisions of the I!y—Law.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr., Chairman
AEF/jw
FORM A
APPLICATION FOR ENDORSEMENT OF PLAN .
BELIEVED NOT TO REQUIRE APPROVAL
February 10
To the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination
by said Board that approval by it under the Subdivision Control Law is not required.
The undersigned believes that such approval is not required for the following reasons:
1. The division of land shown on the accompanying plan is not a subdivision because
every lot shown thereon has the amount of frontage required by the North Andover
Zoning By—Law and is on a public way, namely, Marblehead Street
or a private way, namely,
being land bounded as follows:
Northerly by land NJF Nicholas Nicetta
Easterly by land NIP Melillo Family Trust
Westerly bV land NIF Joseph Medolo
Southerly by Marblehead Street
2. The division of land shown on the accompanying plan is not a subdivision for the
t following reasons:
The plan shows a�a ted varianoe which was ted by the North Andover
Board of Appeals on February 9, 1981, allowing the division of one parcel into
1
two, there being two dwellings on the one lot, for the purpose of division by
( deed by the applicant.
( 3. Title reference North Essex Deeds, Book 1184 ; Page 359 ; or Certificate
of Title No. , Registration Book ; Page
CReceived by Town Clerk:
Date: s 09 10 17 Applicant's signatuee:
I� Time: Applicant's address 32 Marb ehead Street
Signature: o FEB 1 0 i981 '� North Andover, Mass. 01845
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Owner's signature and address if not the.applicant:
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Notice to APPLICANT/TOWN CLERK of Aotion of Planning Board on Accompanying'Plan.
1. The North Andover Planning Board has determined that said plan does not require
approval under-the Subdivision Control Law, and the appropriate endorsement has
been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a
subdivision, as defined by G.L. o. 41, s. 81-L, and must therefore be
re-submitted to it for approval under the Subdivision Control Law.
Very truly yours,
NORTH ANDOVER PLANNING BOARD
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By.
Date: e,
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a 1' FORM A
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APPLICATION FOR ENDORSEMENT OF PLAN
BELIEVED NOT TO REQUIRE APPROVAL
February 10
TO the Planning Board of the Town of North Andover:
The undersigned wishes to record the accompanying plan and requests a determination
by said Board that approval by it under the Subdivision Control Law is not required.
The undersigned believes that such approval is not required for the`following reasons:
lo The division of land shown on the accompanying plan is not a subdivision because
every lot shown thereon has the amount of frontage required by the North Andover
Zoning By—Law and is on a public way, namely, Marblehead Street
or a private way, namely,
being land bounded as follows:
Northerly by land N/F Nicholas Nicetta
Easterly by land N,& Melillo Family Trust
Westerly by land N& Joserh Nedolo
Southerly by Marblehead Street
2. The division of land shown on the accompanying plan is not a subdivision for the
following reasons:
The plan shows a reauested variance which was Wanted by the North Andover
Board of Appeals on February 9, 1981, allowing the division of one parcel into
two, there being two dwellings on the one lot, for the purpose of division by
deed by the applicant.
3. Title reference North Essex Deeds, Book 1184 ; Page 359 ; or Certificate
of Title No. , Registration Book ; Page
Received by Town Clerk:
Date: 6 0910 11 r2 Applicant's signatuee: {t
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Time: o u v Applicant's address 32 Marti ahead Street
Signature: FEB 1 0 198j North Andover, fuss. 01845
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° 0 Owner's signature and address if not the applicant:
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Notice to APPLICCLERK of Action of Planning Board on Accompanying'Plan.
1. The North Andover Planning Board has determined that said plan does not require
approval under the Subdivision Control Law, and the appropriate endorsement has
been made upon the same.
i
2.
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Very truly yours,
NORTH ANDOVER PLANNING BOARD
By:
Date: d r r
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Oversized Maps on file with the Town