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RECEIVED � ' uarHAny appeal shall be filed
D+4N►Et� LONG
TTOWN within (20) days after the
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IypR�.hit.R,K ;jL 1855 r%� date of filing of this Notice
AhdOVER " ' �` In the Office of the. Town
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APR 18 2 26 Pk #fir '`•vgrvl • Clerk.
OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . .Ap41 18 r„19 85
Petition No.. . . . .2.3.-18.5 . . . . . . . . .
Date of Hearing. . .?fid?ri.l. 8:, . 19.$5
Petition of . . . . . . J. .J. .& .E. .REALT.X .TRUST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected .Lot. 3, Turnpike . S.treet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . ?oni ng. By. Law
Section 7 , Paragraph 7. 3 and Table 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit veli e.t . from .the . t.ron.t. setaGk. .re.qui.rement .to. .alloyz
con.tin.ued .const.ruc.tio.n. of . a .single . f.ami.ly. .dwe.fling.. . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . G,rant. . . the
variance. . and hereby authorize the Building Inspector to issue a
permit to . .commence. .con$tXuc.tion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, dl � i
Signed
Frank Serio,. .Jr..., . Chai.rman. . . . . . . .
Alfred. E.. F'ra.zeIle.,. .Es.q. .,. .Vi.ce. Chairman
Augustine. .W.. .Nicker.son, .Clerk . .
William .J..-Sul liman. . . . . . . . . . .
Walter. .F.. .So.ule. . . . . . . . . . . . . . . : . . . .
Board of Appeals
f
� CEtV� Any appeal shall be filed
QANIs-I °•"°"'" within (20) days after the
Tiowki V I..
rq ' �15K3 + date of filing of this Notice
OR
czYR in the Office of the Town
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2 • ° Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
April 18, 1985
Mr . Daniel Long, Town Clerk J J & E Realty Trust
Town Office Building Lot 3 Turnpike Street
North) Andover , MA 01845 Petition No. 23-'85
Dear Mr. Long:
The Board of Appeals held a public hearing on Monday evening,
April 8, 1985 upon the application of J J & E Realty Trust. 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. Fri .-,Ale, Esq. , Vice Chairman; Augustine W.
Nickerson, Clerk; William J. Sullivan; and Walter F. Soule.
The petitioner seeks a variance from the provisions of Section 7,
Paragraph 7. 3 and Table 2 of the Zoning By Law so as to permit
relief from the front setback requiremnt to allow the continued
construction of a single family dwelling on premises located on
the West side of Turnpike Street, known as Lot 3 Turnpike Street.
Counsel for the petitioner testified that through an engineering
error, a dwelling has been partially constructed in violation of
the Zoning By Law. Specifically, the dwelling violates the 100.
foot 'front setback requirement on Turnpike Street, also known as
Route 114.
Further testimony revealed that according to a corrected plan the
front setback of the dwelling is 89 feet and only a corner of the
dwelling is in violation of the By Law. A hardship would be
suffered by the petitioner if the variance were denied since it
would be extremely costly to reconstruct the dwelling.
No opposition was voiced at the hearing.
.R.
J J & E Realty Trust
Lot 3 Turnpike Street
Petition No. 23- 185
April 18, 1985
Page 2
Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson,
the Board voted unanimously to grant the variance as requested.
In granting the variance, the Board finds that Section 10.4 of the
Zoning By Law has been satisfied. In particular, the Board finds
that a substantial hardship would be placed on the petitioner if
he were forced to reconstruct a dwelling which was built upon
reliance of an engineer' s plan.
Further, the Board finds that the dwelling as constructed is
situated further away from Route 114 than many structures on the
road so that this slight deviation from the 100 foot setback
requirement will not cause a detriment to the neighborhood nor
will it substantialy derogate from the intent and purpose of the
Zoning By Law.
Sincerely,
/fB�OARD O(F� "PEALS
Frank Serio, Jr. ,
Chairman
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