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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice:—This iapplication must be typewritten; filed in duplicate; and accompanied by
a plan of the affected premises, a copy of the refusal by the Building Inspector
or other authority.
APPLICATION FOR VARIATION FROM THE REQUIREMENTS
OF THE ZONING ORDINANCE
/� f' D���O , ST- o der
Applicant: #_/,D ! /Y C� C-I� / Address: o
TO THE BOARD OF APPEAI-S: Application is hereby made ir a variation from the
requirements of Section_4paragraph G (0 / of the Zoning Ordintance.
Premises affected are situated on the North -South East West
side of _ Street; -met distant from the corner of�,
Street and known as NUMBER — -- Street.
Description of (Proposed) (Existing) Building
1. Size of building:— feet front:— --feet deep.
Height: stories: ____feet.
2. Occupancy or Use: (of each floor) — --
3. Zoning District:&"A s odi*_d;sL D to of erection:-
5. Type of Construction: (check one) I
6. Has there been a previous appeal, under zoning, on these premises:--N-d-
7.
remises: Nd7. Description of proposed work or use:
VlkV'I AlXLie Tu #4110 U $ IrJ atj jyoU -S la uN
8. The principal points upon which I base my application are ias follows: .
T 1N e 0 i* e U1t11
Ae To Cer Li tJ e
3/r 4P 77 I iY Apt/ o I D L67 014
I agree to pay for advertising in newspaper and incidental expenses.
Signature of responsible applicant
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Notices sent to:
Names: _. Addresses: —_
I
RULES
BOARD OF APPEALS
1. MEETI%S:
Meetings of the Board of Appeals shall be held on the second Monday of
each month from September to June. No meetings shall be held during the
months of July and August. In addition to the regularly scheduled meetings,
the Board shall hold special meetings at the call of the Chairman.
In the event that the time of a regularly scheduled meeting shall fall on a •
legal holiday, the scheduled meeting shall be held on the first Monday thereafter
which is not a legal holiday.
2. HEARINGS:
All hearings of the Board of Appeals shall be open to the public and shall
be held only after notice given as provided by Statute and the Zoning By Law.
A detailed record shall be kept of all hearings and of the votes of each
member of the Board on all questions.
Parties may appear at hearings of the Board in person, by agent or by
attorney. The Chairman shall cause the name and address of the agent or attorney
appearing for a party to be entered in the record.
3. ME.�UERS:
The Chairman shall preside at all meetings of the Board. In the absence of
the Chairman, the Secretary shall preside. In the absence of both of the fore-
going, the senior member of the Board shall preside.
The Chairman, or the member acting as Chairman .of any meeting, shall make
all rulings concerning the conduct of the hearing and the introduction of evidence,
subject to objection by any member of the Board. In the event of such objection,
the vote of the majority of the members present and voting shall govern.
-2-
In the event of a vacancy of the Board, absence of a regular member or interest
on the part of a regular member, the Chairman shall appoint one of the associate
members to sit at a meeting of the Board.
The Secretary shall be responsible for the keeping of the minutes of meetings
and the records of proceedings of the Board.
4. PROCEDURE-z
Applications for Variances and Appeals to the Board shal]_ be made on forms
to be provided by the Board. Forms shall be available from the Clerk of the Board,
or the Town Clerk.
Applications for variances shall be completed by the applicant, and all
applicable items therein shall contain the information required. Each application
shall be accompanied by a refusal by the Building Inspector to issue the permit for
the use sought by the applicant.
Each application for a variance shall likewise be accompanied by five (5)
copies of a plot plan, an original and four copies, drawn to scale, showing the
distances from any proposed building to the front, side and rear lot lines, the
outline of each proposed building, and the dimensions of the lot or lots in
question by metes and bounds. The plan shall contain at the lower right corner a
legend substantially in accordance with that shown on the attached Annex "A".
NO APPLICATIONS will be considered by the Board until all the foregoing re-
quirements have been met by the applicant.
5. TIW FOR FILING AND PUBLICATION OF NOTICE:
Applications for variances or special permits (;where the same are required
by the Zoning By Law) shall be filed with the Clerk of the Board of Appeals or
with the Town Clerk not later than twenty-one (21) days prior to the date of the
meeting at which the applicant desires to be heard. Applications filed within
twenty-one days of a regularly scheduled meeting will be set down for hearing at
the second regularly scheduled meeting following the filing of the applications,
provided however., that the Chairman for good cause shown may allow the application
to be heard at the regularly scheduled meeting following the date of filing of
the application if the notice required by Statute or the Zoning Law may be given
prior to such meeting.
After the filing of the applications, the Board shall determine the persons
interested therein according to law and shall estimate the cost of the giving of
proper notice and notify the applicant. The applicant shall forthwith pay to the
Clerk of the Board the estimated cost of such notice. If the applicant fails to
pay the estimated cost as aforesaid., the Board shall not proceed with notice and
hearing until such time as the applicant shall pay the cost of the necessary notice.
6. EVIDENCE:
Whenever an applicant or appellant shall rely upon any deeds, plan or other
instrument in support of his application or appeals, such deeds, plan or other
instruments, or a copy thereof certified by the Register of Deeds., shall be offered
in evidence at the hearing on such application or appeal.
The Chairman shall, whenever he deems the same necessary or advisable, have
the right to summon witnesses, administer oaths and require the production of
Instruments.
7. VIM,
The Board shall view any building, lot, lots or land, the subject of any
application for variance or special permit or appeal, whenever., in the opinion
of a majority of the members sitting at the hearing thereon it will be advantageous
and helpful so to do.
8. DISQUALIFICATION OF IDEMEERS:
It shall be the duty of any member or associate ,ember of the Board to dis-
qualify himself whenever he has reason to believe that by reason of personal or
professional interest, or for any other reason, he cannot render an impartial
decision on any application or appeal.
The interested parties shall have the right to challenge any member of the
Board concerning whom they have evidence of interest or inability to render an
impartial decision. In the absence of voluntary disqualification by the challenged
member, the challenged member shall be excused and the remining members of the
Board shall hear the party or parties on the question of such interest. The Board
shall consider the evidence in closed session and the decision of the majority
of the Board shall determine the question of right of the challenged member to
sit at the hearing.
9. These Rules shall be effective June 2, 1958,
Daniel O'Leary, Chairman
Kenneth Terroux, Secretary
Donald F. Smith
Henry E. Lund
Robert J. Burke
Adopted May 12, 1958
#AN
PLAN OF LAND
OF
North Andover, Maas.
Soale .1=.
C.E. (Date)
APPROVED: NORTH ANDOVER
Date of Filing: BOARD OF APPEAIS
Date of Hearing: Chairmen
Date of Approval: Seoretary
vyt NORT�t '4,
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
Attguet 299 19
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover,on T3rinci�ry
evening _the 1-7 hday of_ Soptember
1962 , at$_30 o'clock, to all parties interested in the appeal of
Albite Cardello _
requesting a variation of Sec. 6 Para. x'•61 of the Zoning
By Law so as to permit--a SMS11 house m a lot
on the premises, located at the eonar !f I�asachusattg
Avenue and Bacon Street.
By Qrder of the Board of Appeals
,'Daniel T. OtLeary-, Chai
ET — Sept. 1 & 109 1,962
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August 299 1962
Eagle Tributes Publishing Compwq
285 Essex Street
Laurence, Mass,
Gentlemen t
Please publish the enclosed notices on September 1 & 10,
1962,
Please bill:
Albina Cardello
4.9 Perry street
North Andover, 24ass,
Kindly forward /• copies tot
Mrs, Anna DonaSae
16 Margate Road
North Andover, Mass,
very truly yours,
&3API OF APPEALS
Daniel T, QtLeary, Chairman
AD
August 29, 1962
Mrs. Albion Cardello
49 Perry Street
North Andover, Mass.
Dear Madams
With respect to your recent application, you are advised
that under our zoning Saw we are required to notify abutters within
200 feet of the premises involved, Notices must be sent by Certified
Mail, The cost of the same is " You must also file notice with
the Registry of Deeds, after the hearing, the filing fee being $4*00.
t Kindly forward your check or money order in the amount of
:. : . to cover the cost of certified mail so that may send out the
required notices. Make shed payable tot
Mrs, Anna Donahuer Clerk of Board of Appeals
16 Margate Road.
North Andover, Mase,
Very truly yours,
BOARD OF APPEALS
Daniel T. O'Leary, Chairman
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September 28, 3962
Bear Sirs
The following petition was bsard at a meting of the Board of Appeals on
Monday evenings September 17, 1962 at the Town Offisae . Meme
present and Ming wares Daniel T, O'Leary, Chairman; Robert J, Burks,
Secretary) Sward Gilmsn, William Mortals and Associate Member Arthur
Drumumd who swat in place of Henry L md, Wg+�ular Member,
Albim Cardello requested a variation of See, 6, Para, 6.62 of the Zoning By;,.
Law so as to permit a wean house on s lot on the premises, located at the
corner of Massachusetts Avenue and Batton Street,
This Public hearing was advertised in the Eagle-Tribume on September 1 and 10,
1962, All abutters were duly notified by certified mail of this hearing,
There were approxirmstely ten abutters present and "load opposition to the
petition, stating that the lot was too amell to locate a house on it,
sed and votedthen petit on. r at a special. meeting held on
pterra�r �, cause proper pans were not sur tted at the hearing. Mr,
Milman made a motion to GRANT the variance, Mr. Burke seconded the motion and
the *sate was unanimous,
This variance is granted for the following reascnss
1. Theme eidst certain conditiona, especially effecting the parcel in question,
which do not �rnerally affect the entire 'caning district in which the parcel is
located.
2. Unless the variance is granted, the applitant will suffer substantial hard.
ship, financial or otherwise.
3. she requested variance will not adversely affect the public good.
4. The requested variance will not be in substantial derogation from the intent
or n-pose of the Zoning 8y-Uv.
Very truly yours,
HGARD OF APTILI- ,S
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AD
l T, O'Leary, Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date iR
Petition No.
Date of Hearing
Petition of MOM —
Premises affected_ Ot l
Referring to the above petition for a variation from the requirements of the
so as to permit
After a public hearing given on the above date, the Board of Appeals voted to MW the
i snd hereby authorize the Building Inspector to issue a
permit to— AI,1fdM 0
for the construction of the above work, based upon the following conditions:
Signed:
To 0 i absulft
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Board of Appeals
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
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NOTICE
August 29, 7962
Notice is hereby given that the Board
of Appeals will give a hearing at the
Town Building, North Andover, on Man-
day evening the 17th day of September
1962, at 8:30 o'clock, to all parties in-
terested in the appeal of Albino Cordello
reauesting a variation of Sec.6 Para.6.61
of small house Zoning
o a lot ony Low sthesto it
premses, lo-
coted at the corner of Massachusetts Ave-
nue and Bacon Street.
By Order of the Board of Appeals.
Daniel T. O'Leary, Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
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(NOTICE
August 39, 1962
Notice is hereby given that the Board
Of APPeals will give a hearing at the
Town Building, North Andover, on Men-
day evening the 17th cloy of SeDlembef
1962, at 8:30 o'clock, to all porties in-
terested in the appeal of Albino Cardelle
requesting a variation of Sec. 6 Para. 6.61
of the Zoning By Law so as to PermR a
small house on a lot on the premises, lo-
cated at the corner of Massachusetts Ave-
nue and Bacon Sireel.
By Order of the Board of APPeols.
Daniel T. O'Leary, Chairman[
E-T—Sept. 1-10, 1962
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TOWNMAFSNORTH S CH SETTSOVER
BOARD OF APPEALS
�CIIU'
NOTICE August 29, 1962
Notice is hereby given that the Boats
Of APPeals will give a hearing at the
Town Building, North Andover, an Man-
day evening the 17th day of September
1962, at 8:30 O'clock, to all Parties In-
terested in the appeal of Albino CardellO –
requesting a variation of Sec.6 Para. 6.61
of the Zoning By Law so as to Permit a
small house on a lot on the premises, 10-
rated
o-rated at the corner of Massachusetts Ave• _
nue and Bacon Street.
8Y Order of thDan eel T. Or'LearY,pBoad of Chairman
E-T—Sept- 1-10, 1962
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TOWN MASSACHUSE TSOVER
BOARD OF APPEALS .
fz Arow1,
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C11O'�
NOTICE
August 24, 1462
Notice is hereby given that the.Board
Of Appeals Will give a hearing at the
Town Building, North Andover, on Mon-
day evening the 17th day of September
1962, at 8:30 o'clock, to all parties in-
terested in the appeal of Albino Cardello
requesting a variation of Sec. 6 Para. 6.61
of the Zoning By Law sa as to Permit a
small house on a lot on the premises, lo-
cated at the corner of Massachusetts.Ave-
nue and Bacon Street.
By Order of the Board of Appeals.
Daniel T. O'Leary, Chairman
E-T—Sept. 1-10, 1962
All
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