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RECEIVED
TOWN OF NORTH ANDOVER JUN 27 1972 0
MASSACHUSETTS n JOHN J. LYONS
TOWN CLERK �u
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BOARD OF APPEALS
NURTH ANDDYFR
so�o eu ao
June 21 1972
Silvio Martinoli
231 Middlesex Street
Petition No. 8-172
John J. Lyons, Town Clerk
'down Office Building
North Andover, Mass.
Dear Sir:
A public hearing was held by the Board of Appeals on May 8, 1972 upon application
of SILVIO MARTINOLI who requested a variation of Section 7.3 of the Zoning By-law
so as to permit an addition to an existing dwelling and a separate garage on the
premises located at the east side of Middlesex Street, approx. 150 feet from the
Corner of Waverly Road and known as 231-231A Middlesex Street. The following
members were present and voting: J. Philip Arsenault, Chairman; Kenneth E.
Pickard, Nice Chairman; Dr. Eugene A. Beliveau, Clerk; Arthur R. Drummond and
Frank Serio, Jr.
The hearing was advertised in the Lawrence Eagle-Tribune on April 22 & 29, 1972 and
all abutters were duly notified by regular mail.
Mr. Martinoli appeared in his own behalf and explained that they want to add to
their living quarters to provide a bedroom, living room and open porch and build
a separate garage to store their vehicles and his building materials which are
presentl•, on the open lot causing an unattractive appearance. Building Inspector
Charles Foster explained that he had requested Mr. Martinoli to improve the
appearance of his lot. The Planning Board letter pointed out that 100 feet back
from Middlesex Street is zoned Neighborhood Business and the remaining 96 feet of
the lot is residential. Section 4.03 of the Zoning By-law allows the zoning dis-
trict to extend another 30 feet.
Several abutters present complained about the pre-fab work Mr. Martinoli is doing,
their working from 6 and 7 o'clock in the morning, making alot of noise, hammering,
sawing, loading, etc. The Building Inspector said pre-fab work is not allowed and
should not be continued. It was also noted that the garage could be set back 20
feet and meet the zoning requirements and a variance would not be needed.
Dr. Beliveau made a motion to continue the hearing at the June 12th meeting; Mr.
Drummond seconded the motion and the vote was unanimous.
s
Silvio Martinoli —2— June 27, 1972
The Board met again on June 12, 1972 with the following members present and
voting: Kenneth E. Pickard, Acting Chairman; Dr. Eugene A. Beliveaut Clerk;
Arthur R. Drummond and Frank Serio, Jr. Chairman J. Philip Arsenault was unable
to attend. Mr. Martinoli was also present. Three abutters were also present.
Mr. Serio made a motion to GRANT the variance for the proposed addition to the
house; Dr. Beliveau seconded the motion and the vote was unanimous.
Mr. Serio also made a motion to DENY the erection of the garage as shown on the
plan; Mr. Drummond seconded the motion and the vote was unanimous. The Board feels
that a variance is not necessary for the garage since it can be placed on the lot
and properly meet the setback requirements in the residential portion of the lot.
The Board found no hardship, financial or otherwiset requiring the Board to grant
a variance with respect to the garage. The Board found that the residence was
unusually small and that a hardship would result to the owner if he were not
permitted to make the proposed addition to the house. The neighborhood would not
be adversely affected and the addition would not result in a substantial change
in the character of the lot.
Very truly yours,
BOARD OF APPEALS
J. Philip Arsenault, Esq.
Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . June.27 j. 1972. . . . . . . . . . . .
Petition No.. .$.-. .'.7.2. . . . . . . . . . . .
Date of Hearing. . MaxY. .91.1972 . . .
Petition of . . .Silvio Martinoli . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 231-231A Middlesex.Street
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
North. Andover. .$oning.By-law, .Section.70. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . . an addition to an existing dwelling and a separate garage.
. . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to .GRAW . . . . . the
addition to the dwellingand DENY the garage
. . . . . . . . . . . ..1. — . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . . .Silvio. Martinoli . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
See decision.
Signed
J. P . . . p Arsenault 1.Esct. Chairman
. . . . . . . . .
Kenneth E. Pickard.Vice. Chairman
Dr,. >yugene,A.. Beligeaur, Clerk. . • . . . . . . . . .
Arthur R. Drummond
Frank.Serior. Jr. . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
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