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HomeMy WebLinkAboutMARINO, CARMELO rraa� ��•NORTy� r �}'yrrr'*'g1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 211, 1964 John''J. Lyons, Town Clerk Toho Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, December 11., 1964 at the Town Office Building. Members present and voting dere: Daniel T. 0►Leary, Chairman; William Morton, Secretary; Henry B. Lund, John J. Shields, and Arthur Drummond. ANTRONT J. PTARINO requested a variation of Sec. 6, Para. 6.3 of the Zoning By-Law so as to permit two lots on the premises, located at the north & south side of Harwood & Glenwood Street; 100 feet distant from the corner of Mablin Ave. & known as Lot #90, Harwood Street R• Lot #84, Glenwood Street. This public hearibg was advertised in the Eagle Tribune on November 23 & 30, 1964. All abutters were duly notified by certified mail of this hearing. There were six people present. The application of Anthony J. Marino, 42 Cambridge St. , Lawrence, who was represented by Atty. John J. Willis, petitioned the Board under, See. 6, Para. 6.3, for a variance to allow lot #90 shown on a certain plan of land accompanying the petition which is indicated as 100 feet from Mablin Ave, for the purpose of qualifying it as a buildable lot. Atty. Willis made a lengthy dissertation as to the present ownership of the land and that the title currently has been by deed, of lot 8/+ and lot 90, and the present title holder, which now by reason of death has many heirs with rights. He pointed out that lot 84 and lot 90 on the plan submitted, were adjoining lots each of 5,000 sq. ft. , with lot 84 bounded by Glenwood Street, 50 ft. frontage and lot 90 bounded by Harwood Street, with 0 ft fronts It was Atty. Willis' lea that the etitioner, Anthony J. Marino, wi 5 frontage. Y P p � should be granted permissive use of each lot as an individual building lot. There were no other individuals who spoke for the petition. Speaking against the petition was Angelo DePietro, owner of lot 85, who advised the Board that his land was for sale and an examination of his land indicates that it is lot 85 bounded by Glenwood Street containing 5,000 sq. ft. with 50 ft. frontage. (Cont. ,age 2) • y�a+uw " �yORTy q o. {to Avait7ro :af► gssACNU9F�w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS -2- December 21, 1964 Speaking against the petition was an abutter, Salvatore Minardi, who indicated his objections since he built on a 10,000 sq. ft. lot. Speaking against the petition was another abutter who objected to a foundation that was already installed on lot 84 and a house being built on lot 90. As a result of the objections, Mr. Anthony Marino, the petitioner, injected himself into a lengthy discourse trying to appease the abutting owners and it developed that the petitioner had a permit to build a house on lot 90, issued by the Building In- spector, and that he did not have a permit to start the construction of a second dwelling on lot 84 and stated to the Board that he was trying to beat the weather and proceeded to install a foundation without a permit. The Board took the petition under advisement and in executive session all elements were considered and based upon the argent by Atty. Willis, it is found that the following appear to be factual. a. That the land in question, lot 90, is jointly and commonly owned by persons other than the petitioner, with lot 84. b. That the total land commonly owned is 10,000 sq. ft. with 50 ft. frontage on Harwood Street and 50 ft. frontage on Glenwood Street. c. That the land has been in common ownership since the adoption of the Zoning By-Law. d. That under the provisions of Sec. 6, Para. 6.3 and the reference Sec. 6.6, the Board finds no authority for sub-dividing a parcel of land which conforms with the permissive of lots in the Village-residence districts as defined in Sec. 6.2 of the Zoning By-law. In connection with this petition, the Board contacted the Building Inspector, Charles H. Foster, who recites that Anthony J. Marino did apply under date of October 26, 1964 for a permit to erect a dwelling on lot #90, Harwood Street; that he did present himself as the owner of said lot; that he did warrant to the Building Inspector that this was the only contingent land which be owned and under the provisions of the General Laws, the Building Inspector issued the permit. It now appears to the Board that the petitioner did not own the land and that on the evening of December 14, through his attorney, it was stipulated that he had at that time, not taken title to the land and that the installation of a foundation on lot #84 bounded by Glenwood Street, is without a permit and appears to be a flagrant violation of the regulations controlling the building in the town of North Andover. (Dont, page 3.) • }i4 " ;ORT 2, ppprogl�••gyp ,y �F� APRRTCI "'•�w +l',. 1835 •• •►rre TOWN OF NORTH ANDOVER MASSACHUSETTS BOARDF A O APPEALS -3- December 210 19610 F The Board finds that they are without legal grounds in which to grant a variance covering lot 90, Harwood Street, since it is currently in common ownership with lot 84 and an abutting 5,000 sq. ft. lot; the total of which two lots when combined, more fully conforms with the provisions as contained in Sec. 6.62 of the Zoning By-Laws. On motion of John J. Shields, and seconded by Arthur Drummond to 3M the petition, it was so voted unanimously. Very truly yours, BOARD OF APPEALS Daniel T. OlLeary, Chairdan JJS:ad •� ted_ "Fp F; Mnu.7ry :ry CHU°��' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .December 21,.l%4 . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing.December .14.,.1961+ Petition of. . .,Axithony..J. Marino . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected. . . .North '_ south side of Harwood 131enwood. Sts, .Lot, #.9.0 .Harwood St. Lot #84 Glenwood. St. Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . North Andover_ Zoning.BY 4V . . . . . . . . . . . . . . . . . . so as to permit. . ,theprovision of two lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . 1W . . . . . . .the . . . . . . . . . .Variance. . . . . . . . . . . . .. . . . . . . . and hereby authorize the Building Inspector to issue a permitto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: Signe aniel T. OiL ary,. Chani n. . . . . . . William.Mortol�, .Seo�stezy. . . . . . . . . Henry. .]$..Lund . . . . . . . . . . . . . . . . . . . . . . Tohn.J. .Sbields. . . . .. . . . . . . . . . . . . . . Ar ;hur.Drummond. . . . . . . . . . . . . . . . . . . . Board of Appeals . G ti?" t Fa APIVLTT : + AC U H 4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS October 19, 1959 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: A meeti,nS of the Board of Appeals was held on Monday, October 19, 1959 at 8:15 PM at the Town Building on- the application of Carmelo Marino requesting a Variance of Section 6, Paragraph 6.31 of the Zoning By Law so as to permit the construction of a new ranch type residence on the, premises located at 141 Beverly Street. Members present and voting were. " Daniel T. O'Leary, Chairman, Charles Foster Jr. , Secretary, Henry Lund, Robert Burke and Associate Member Alfred Boeglin, Attorney John Willis represented the petitioner and no one appeared in opposition. Upon motion duly made and seconded, it was voted 41-1 that the Variance be granted providing that the pending Petition in Equity against Mr. Marino is discontinued. Voting in favor were: Charles Foster Jr., Henry Lund, Robert Burke and Alfred Boeglin, opposing: Daniel T. O'Leary. Very truly yours, ,�3 1s 20 BOARD OF APP.i�ALS RECEIVEfI X. Daniel T. O'Leary, Chairman N JOIN J. LYONS ti; r LE �Iiy C ' RF( 9UR 0'`VTH A,YDOV&R JE'h Iq 0 �0 LD �� F: SLrn .� h,,r�'19CHlSg,�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .October 1%.1959 . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing October 19, .1959 Petition of. . . . . . . . . . .Parmelo .Marino. . . . . . . . . . . . . . . . .47. Beverly St. rMass.. . . Premises affected. . . . . . . 1. . . . . . . . . . . . . . . . .No. . . .th .Andover. . . . . . . .� . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .North Andover Zo . . . . . . . . . . . . ning.By Law. . . . . . . . . . . . . . . . . so as to permit. . .theerection_ of a ranch. type_ residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .�. . . . . . . .the . . . . . . . . . .VkPJANCE. . . . . . . . . . . . . . . . . . . . .and hereby authorize the Budding Inspector to issue a permit to. . . . . . Carmelo Marino . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: . Signed � . .cbairma-a. . . . . . . Charles.Foster.Jr.. Seeretery Henry.Lund . . . . . . . . .. . . . . . . . . . . . . . . . . Robert-Burke . . . . . . . . . . . . . . . . . . . . . . .Alfred.Boeglin .Assoc.• •Member. . . . 90d of AppButs ^h ,7 18 RECEIVED W AUG 241959 ra N JOHN 1. LYONS TOWN CLERK o p� NORTH ANDOVER o °<o so ° AUMASIS 26 1953 =:talph ?imk# Chairann wak�;l of 301e0tsm VQWn Building Barth ctnuovers ihties, War Xro 1, reeks I have r000ived a copy of a letter front TOM vauns"s AMM34 Ho Salijbb; ry .hated W%tst 4 1959 that h,,d won sent to tete BMIUAInC Ino` 1j,..otor ( actin Lavlorl In reL care to the up_ lication. of Carmlo In Paaraa,ryaph 2a it stated that if the Building 3Dspeoto! V"1*d to wait for sere kind of action tiaat the Hoard of Appeals Wish to state It ;was u.s to the But1ding Inspector to do so, It to o deoision of bale Sward (Board of Appeals) that we as a Bo.aa-,. o i two dif"gront hearlm,s# Lavo givers aufflolent reasons for c vu4 uoc a 7:.ans in one letter dated 1;ovo.ibor 24,.' 1%8 of the first %I la ir-�slding trap still beine.. erected all the tim front the first Lc.xi.: cu, until the aoc:lnd isear•InC of Jail 13s 1959 When the Wllcaatl= of iRavino was Wa n ,,enlo and Lo work on ts.3s building is still T'. la ;:] bowi in direct violation of our decis.ons wad of the Tossing By Latus of -North Andover* A180o It has L'.eaaaa known to both tUo Building Insdoctop Hasid to our -30arrd,. Town _ao'ari!,iol has clearly stated that.; raid authority to enforce t A Zoni.a )Qws in his letter of AtW_;ta st kg 1959 to the Building Imu +r e AB It al"-c; ac tela in two Zonlz E y La wa of Line Town of Uorth Arulover Therefore we bell*" that the" law should hM* hien 00 t to 0 �1 be no popotition to tho futwo off' dooiai LAO ,.A3fIVd Uf Apt)Qal 3* VVI ri jotLt L-jectionod in t .jo lob-er wo on AlA In tba to= w u: u W�4oW yxm t4 ontLo4on OyAd await YOuV Qation an ttAs m ttwe VWY truly yowes WAW OF A?.'hAW a� 44 NoerN FS Ama7TV m b 4,•, 1855 `9`4`rACNtl`���j •►ew.,,�.t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 24, 1958 Town Clerk North Andover, Mass. A meeting was held on Monday evening, November 10, 1958 at 7:30 FM on the application ofCarmelo Marino for a variance of the requirements of Section 6, Paragraph 6.31 of the Zoning By law so as to permit the erection of a ranch type residence on the premises on the West side of Beverly Street 03 feed misiant from -the corneA of Middlesex Street ,-and being shown as Lot 49 on a plan of land entitled "Plan of Land of Car- melo Marino North Andover, Mass. , krank A. Marino, C.B. , Dated Octo- ber 8, 1958' , made a part of this decision. Present and voting were: Daniel T. O'Leary, Chairman, Kenneth Terroux, Secretary, Donald 1', Smith, Robert Burke, and William Morton, Associate Member designated by the Chairman to sit in place of Henry Lund, regu- lar member who was absent. There was evidence and the Board finds that the petitioner purchased three lots of land in January 1958, subsequent to the effective date of the coning By Law. The Lot in question, Lot 49 , has a frontage of 72.5 feet on the westerly side of Beverly Street. The Petitioner owns two other unnumbered lots to the South of the premises in question, one of which has a frontage of 72.5 and the other, 50.52 feet. Lot 49 does not contain at least 12 ,500 square feet of land as required of a build- ing lot in a pillage Residence Zone. On motion duly made and seconded, it was unanimously VOTa: That the petition dor variance be denied. R,ASOhS ii0i_ DrCISIOIV : Petitioner purchased the lot in question in January 1958 subsequent to the effective date of the Zoning By Law. Petitioner owns vacant land adjacent to the lot for which the variance is sought which he can use in conjunction with Lot 49 to provide the nces area and frontage. There is no basis upon which a variance sary � can be grant, Very truly yours, BOARD W1 Al'!'IAL5 ani a/l/f T. O'Leary, Chairman 7 November 24a 1958 Town Ulerk Borth Andover, Mass. A meeting was held on Monday evening, November l0v 1958 at 7330 Ph on the application ofUarselo Marino for a variance of the requirements of Section 60 Paragraph 6.31 of the boning by Law so as to permit the erection of a ranch type residence on the premises on the Meet side of .beverly street 93 Zeev alatant from she cornea of Middlesex *%root, and being shown as Lot 49 on a plan of land entitled "plan of Land of Uar- melo Marin Borth Andover, Bass. , Vrank A. Marinas i3.Jr. , gated 4cto- bOr 8, 1958, made a part of this decision. Present and Voting were: yanisl T. O'Leary' Qom• Senueth terrout, becretary, Donald 9, hmith, Robert Burke, and Milliae Miortous Associate Member designated by the wbSirman to sit in place of Henry Lund, regu- lar member who was absent. There was evidence and the board finds that the petitioner purchased three lots of land in January 1958, subsequent to the effective date of the Coning By Dare. The TroV in question, Lot 49t has a frontage of 72.5 feet on the westerly side of Beverly Street. The Petitioner owns two other unnumbered lots to the douth of the premises in' question, one of which has a frontage of 12.5 and the other, 50.52 feet. Lot 49 , does not contain at least 12000 square feet of land as required of a build- ing lot in a It nage dssidenae Z*Ue. On motion duly made and seoonded, it was unaniftousl3v TWA&: that the petition for variance be denied; R UBS 1'UA L.utilI$I0x: Petitioner purchased the lot in question In' January 1958 subsequent to the effeotive date of the Zoning By 14we Petitioner owns vacant land adjacent to the lot for which the variance is souLht which he can use in conjunction with Lot 49 to provide the noessary area and frontage. 'There is no basis upon which a variance oan be grant, very trealy youres NUAtW UY Akk Daniel T. 00Leax7. 01a► November 241 1958 Taws 41erk North Andovers Nasse A meeting wag held on llonday evening, November 101 1958 at 7130 18 on the application ofUarselo Marine for a variance,sOfath� p9es oiets0A:s of waotion 60 Paragraph 6.31 of the coning y erection of a ranch type residence on the premises on the +Nest lido of Beverly btreat 93 feelk olntani tros Ste cornea of Middles" atre�etf, and boing shoum as Lot 49 on a plan of land entitled "Plan of 14" Of Jwr- solo sarins Earth Andover, Nasse , manic As Marine$ Q.&41 +)ated Ooto- bar a. 1958 , made a part of this decisions taresent gild WO%Ua were: maniel 2. OlLeary, Gbairsanr unmeth 'torrouzo boore%eryt Donald to bsith� Hobert Markey and W1111,610N0rtoe1 Associate Member designated Dy the �3bair &n to sit in place of Henry Lund• regu- lar mejnbE:r Aho eaa absents There was evidence and the Board finds that the petiti7nor purchased three lots of land in J&WAM 1958v subsequent to the sffactive data of the •coning yy Law. The Lot 1n Question, Lot 490 has a frontage of 72,5 feet on the westerly side of b®verly Street. the Petitioner o*na tho other unnumbered lots to the +south of the premises in question! ane of wi:ioh has a frontage of 92.5 and the other, 50.52 feet. Lot 49 doss not contain at least 12.50 square feet of land as required of a build- Ing lot in a IL llage etesidenoe none s On moiion duly made and 8000nd8d a it was unanismaly WQTArQ: that the ,petition for variance be denied. A4.AjjQ ;5 xu,c L_0141UA t Petitioner purchased the lot in question is aamwry 1958 subsequent to the effective date of the SO ing AJ Laws Petitioner owns vacant lend ad3soent to the lot for which the variance is soupbt vahioh he can use in oon,uunotion with Lot 49 to provide the noessary area and frontages There Is no basis upon which a variance can be grants very truly years, hUAA0 OX Ak-k a Daniel To �O'Lnea ry# Uhalrssn r a 4444 00 Y vO Fs A►RIL7" i2tl 1' ►wrr ` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date November 24 , 1958 Petition No. Date of Hearing November 10, 1958 Petition of Carmelo Marino Ptemises affected 141 Beverly Street , Forth Andover, Mass. Referring to the above petition for a variation from the requirements of the Zoning By Laws of North AndoiFer, Mass. so as to permit the erection of a ranch type res'L Bence After a public hearing given on the above date, the Board of Appeals voted to DENY the VT ui:LA,icE a Signed: C 1 an Kenneth rerroua, Secretary Donald F.Smit h Robert Burke William Morton, Assoc.-Membeii Board 4f Appeals O v X21 � i�tt� rrrryr.' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 23, 1959 John J. Lyons, Town Clerk Town Building North Andover, Mass . Dear Sir: A meeting of the Board of Appeals was held on February 9, 1959 gra the application of Carmelo Marino, 141 Beverly Street for a variance of 6.31 of the zoning By Law. Present and voting were : Daniel T. O'Leary, Chairman, Robert J. Burke, Donald F. Smith, William Morton Associate Member and Charles Foster Jr. Associate Member. The hearing was held on February 9 and was adjourned until March 9, 1959. The petitioner was represented by Anthony Raddazzo and no one appeared in opposition. There was evidence and the Board finds that the land was purchased by Mr. Marino after the effective date of the present zoning By Law. The land consisted originally of three separate lots which was shown as one parcel as evidence by the deed to the petitioner. It was further found that in April 1958 the petitioner completed a dwelling on the Southerly part of the lot as shown on a plan of land of Carmelo Marino, North Andover, Mass . , F. A. Marino CE dated December 23, 1958 which plata is annexed hereto and made a part thereof. The Board finds that although no permit was issued by the Building Inspector and although a previous application for variance filed by the pettioner had been denied by this Board under date of Novembov 249 19589 the petitioner proceeded to begin construction of another dwelling on the Northerly portion of the land in question, as shown on said plan. The petitioner proposes to sub-divide the property in question into two lots each frontage being 72.5 feet with a depth of 145 feet respectively. Upon motion duly made and seconded, it was unanimously voted that the application of the petitioner be denied. REASONS FOR DECISION. Although the land, if sub-divided in accordance with the petitioner's plan submitted, would consist of two lots of at least 10,000 square feet in area, the frontage on each lot would be 72.5 feet only. Under the provisions of 6.31 of the Zoning By Law under which this petition is brought, there is provided in a Village Residence District an area of 12,500 square feet and a frontage of not less than 100 feet is required in order that a building shall be erected thereon except as will be permitted by this Board as specified In Section 6.6. The afore going section is applicable to lots within a Village Residence District, and the lot in question is in a Village Residence District. Under the provisions of 6.62 this Board may allow two or more lots mutually adjacent and vacant to be combined into a single let containing no less than 10,000 square feet with a frontage of not less than 100 feet. In view of Section 6.62 it is obviously the intent of the By Law that in so far as practicable, lots created after the effective date efft By Law should contain at least 10,000 square feet and should have a frontage of at least 100 feet. The Board, therefore, denies the application of the petitioner for the reason that relief cannot be granted without substa3ttially derogating from the intent and purpose of the By Law. Very truly yours, BOARD OF APPEALS D niel T. O'Leary, Chairman aa NORTy • . #F� AONIlI17 :SOS aA,y;• 1855 ;p�'•�+ �CHU� ►►VVT TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date March 23, 1959 Petition No. Date of Hearing February 9 . 1 5 Petition of Carmalo Marino Premises affected W Beyorly S r a ,—N€zrth AMd4y*ry Kass. Referring to the above petition for a variation from the requirements of the North Asdovar Zoning By Law so as to permit the erection of a si Vii. family- dwai li g After a public hearing given on the above date, the Board of Appeals voted to DENY the VARIANCE Sighed: i Donald F. Smith C532rl as Faster.Td-. -Amoc�:.X&zbor William Morton Assoc. Mamber Board of Appeals ti y aaa 9 10 11 12 I's rr�NORTy r o0p RVQ© �Q t- AFRIL7" 1855 CD Ln ku vv� 01 J 2`g TOWN OF NORTH ANDOVER c^0 V0gttt AN Zv 0 MASSACHUSETTS 0 10 Ed ZZ e2 BOARD OF APPEALS July 21, 1959 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: A meeting of the Board of Appeals was held on Monday, July 13, 1959 at 8 :15 PM at the Town Building on the application of Carmelo Marino for a variance under Section 6, Paragraph 6.31 of the zoning By Law so as to permit the erection of a ranch type residence on the premises located on the Vilest side of Beverly Street 93 feet distance from the corner of Middlesex Street shown as Lot t9 on a plan of land of Carmelo Marino, North Andover, Frank A. Marino CE dated October 80 1958 made a part of tris decision. Present and voting were: Daniel T.. O'Leary., Chairman, Charles Foster Jr. Secretary, Henry E. Lund, HowardGilman and Robert Burke. F Attorney bntizony Randazzo appeared for the petitioner and no one ap- eared in opposition. There was evidence and the Board finds that the land was purcilased by heir. Marino after the effective date of the zoning By Law. The land consisted originally of three separate lots which was shown as two parcels as evidence by the deed to the petitioner. It was further found t ,..at in April 1958 the petitioner completed a dwelling on the Southerly part of this lot as shown on a plan of land of Carmelo Marino Nortia Andover, ':-.Mass. , F. A. Marino CE dated December 23, 1958 which plan is annexed hereto and made a part of t1is decision. The Board finds that although no permit vias issued by the Building Ins- e3tor and also a previous application had been filed by the petit',oner had been denied by this Board under date of November 21;, 1958 and anotrier on February 16, 1959, the petitioner proceded to begin con- struction of anotrier dwelling on the Northerly portion of the land in question as shown on said plan. The petitioner proposed to sub-divide the land in question into two lots, each having a frontage of 72.5 bet and a depth of 115 feet. A motion was made and seconded to grant the variance with a vote as folloWs : 3, members votin ; yes and 2 members voting no. The variance was thereby denied because of ruling requiring a 4-1 vote. REASON PCE DilTICISION. Although the land was sub-divided in accordance with the petitioner's plan submitted and consisted of two lots of at least 10, 000 square - feet, the frontafe of each lot had 72.5 feet only. Under the ,provisions of Paragraph 6.31 of the zoning By Law, under which this petztion is brought, there is required in a Village Residence District an area of 12,500 square feet and a frontage of not less than 100 feet. In order to have a building erected tYrreon, except as will be permitted by this Board under Section 6.6, the afore going Section is applicable to lots wit'nin a Village Resid ence district and the lot in question is in a VillaSe Residence district. Under the provisions of Paragraph 6.62 this Board may allow two or more lots mutually adjacent and vacant to be combined into a single lot con- taining no less than 10,000 square feet with a frontage of not less than 10' feet. In view of Section 6.62 it is obvious the intent of the By Law in so far as practicable lots created after the effective date of the By Law should contain. at least 100 foot frontarge, the Board therefore denies the application of the petitioner for the reason that relief cannot be granted v,ithout substantially derogating from the intent and purpose of the By Law. Very truly yours, BOARD OF APPEALS Daniel T. O'Leary, Chairman NA,A.LA4q f NORry 1 O. i N♦ /1PRiL7A - �ti'rrreii. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Jaly 21, 1959 Petition No. Date of Hearing July 3. 195? Petition of Carmelo Idarino Premises affected 1L5 Severly St.- ids th i)xiCty lgr Lias s Referring to the above petition for a variation from the requirements of the To-z, OVnr 20ni r- By Toa-",r so as to permit erection or a ranc'^ t--�,o resif en-le After a public hearing given on the above date, the Board of Appeals voted to DTA Y the , ; Tar .._ ce atfi lielveb 'afoi "RYOFfo WC mi$'to �u� he fol�oyping conditions: igned; ; � TT liP,�rt- ri' T:17 Tl f� Board of Appeals tis proposed �S'vbdiviSioir 40' lot 049."S`0' t Part Oro rl as S/ow s on 0/*.m dw.ted Xov, is9e :gy TVA R R .S' osTRaM. 7�• S 71.5 93 ' ,[ot o•Z 7 � ,,ot 28 0 �a�rtple�d .. h llndc� � April - /95p8 93' la' is 5' Z5' m r5' �a t x;29 a h � q y�. S 93' kq 23 .E VIE p C v: A A PLAN OF LAND rx 0 OF North Andover, Mass. � . By �"A• Maa^ino �,ce. . �,3, G9,5`B :. Appror,ed: orfh Andover' Date of' FLlinq: r .+ ' orLrd o Appeals .pAtc..of Nearing: ' ��� /✓ CAa rAtit• DaTh� Qt Apprrowsl .Srcr. tdrY Prop o,3 e v/ IVISl 00 Of Lot ""4-9f ,( � Pari D f SY as S,4*ea tjr on P/OL# doted 'Nov, /8-98 Jey R 0 rV R,: A 74�f 7Z. S' ga 0,2 7 446; Zl*C/4a 1.9S 8 Constxuctron APP 913 4 o hv 2,3 7r-� JV OF LOD 0 r C ax AV 0. of A ndaver", oaks. Scale -fo r 4r 4"p A Mo� Approve': l Fv;9 Ao 4 v 4sr Dole of rd of ApooxI4 J-�Mf4kff V ar 70 1 ------------ `t(Vk Props sCd' �S'uh a/ivi�io� d jr to t e 4 9� 5'4 part' of v as SAown ars Alma da 1e91 Nov. /s9e By _ TVA R R . foSTRQM. 7I, 5 72.5 93 ' .Lot 'x27 !� .Lot• ''`,e 8 0 4"oartp/c tad. Mader h App,! - /9.58 � Construtttan � 93' 42' o. 1S cj 15' /at 029 0 7.2. 72, S 93' 41 z z V.ER C Y -J~7 A I A PLAN 4F LAND a OF hlbrth Arad©vcr, Mass. Seate 40'= ! a By FA. Marino .V4c, X23, /5 rd5 App.-Pr—od: North p ndov er Date OFF/1103- _ $lot+d a APpee./s PAte of kcarly$'r CA�ara Dale at Approved . este. erg► Kara I , Cat 027 h Sao 'COt 18va 0 April - rjSf_ � Canar.vetiah z' o' -41- .fid t2� Q 72-Sti 74t. 77 ►� A Ok A PLAN OF LAND OF - C. 3, 119 546 / Apprar�d: J�oi�li A�ndoV er 9f5 y $n Ap�oedtd t'hatire" r- 1 t Oversized Maps on file with the Town