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Home My WebLink AboutKAUFMAN, CORZO ' E AMILM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 11, 1969 Main St, corner Chickering Ed, North Andover, Mass. Ernest Kaufman at Yx Sebastian Corso et-ux John J. Tryon, Town Clerk Town Office Building North Andover, Mass. Dear Sir: Vpon application of Ernest Kaufman and Sebastian Corso to the North Andover Board of Appeals for a variance under Sections 6.31 and 7.23 of the North Andover Zoning By-,laws so as to make legal a transfer of land effected in the past, a public hearing was held on February 1$, 1969. The hearing was hold in the Town Hall facilities after having been advertised in the Lawrence Eagle-Tribune on the dates James 25 and February 1, 1969 and with all abutters duly hotified by certified mail. The hearing was originally scheduled for February 10, 1969, however due to inclement weather and a legal holiday it was deferred with both radio and newspaper public notice until the 18th of February. The members of the Board present and voting were: James A. Deyo, Chairman; Arthur Drtmm:ond* Secretary; Daniel T. O'Leary and J. Philip Arsenault, Esq. Member Donald J. Scott was unable to attend. The petitioner was represented by Atty. Harold Morley, Jr. who was appearing in place of Atty. Charles W. Trembly, the attorney of record. The arguments presented were basically that the small strip of land had been sold to the easterly abutter so as to allow for the construction of a driveway. The land strip, 1p034 Square feet in itself was not particularly significant ex— cept that the lot from whence it eases was zoned General Business and the lot to which it was sold and attached is Residential. There was to be no physical change made as a result of the variance should it be granted and for all normal purposes there would be no notice of said variance should it be granted. The principal reason for the variance request was to clarify the title to the land so that subsequent sales or transfers of either lot would not be jeopardised by questionable title. There were no objections to the proposed variance and after some questions by members of the Board the petition was taken under advisement. 1uarah ]l, 1969 -2.• Eagan & Corse Subsequent discussion by the Board members disclosed no cause as to vhy the petition should not be granted. Upon motion by Mr. O'Leary, seconded by Mr. Drummond and -voted unanimously for approval. Itvas further discussed PP and decided that changes to the wording of the Zoning By-Laws so as to note the change in use of the land would be unfeasible and probably unnecessary as conditions on the variance would be sufficient. The principal reasons for granting the variance under Sections 5.31 and 7.23 are as fonowss 1. Denial of the petition would cause hardship, financial or otherwise, to the petitioner in denying his clear title to his property. 2. There would be no visibls effects on granting the variance. 3. Granting the variance would not deviate from the intent and purpose of the Zoning By-Laws. 4. It is understood that the strip of land conveyed will not be considered useable for General Business even though it is so recorded in the Zoning By- Laws. The condition of this approval is that the strip of land convoyed shall be used in the same manner as the lot to which it is attached, who at the present writing is Rita L. Minicucci. Very truly yours, OF APMFIALS J s A. Dayo, Chairman JADsad u +AOR4yA� +F� Avpui�+ !y�, 1855 ►yy�ACHUg • wrr TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . 4s. 1969. . . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing.Feb. lOs 1969, , Petition of . E. . . . . . . . . ...est taufmsn & Sebastian Gorse . . . . . . . . . . . . . . . . Premises affected .North.side, of Main. St., at.northwester].y corner. of Maim St.. &.Cbicskering Rd. Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning By—Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . so as to permit .theratification of a transfer of a parcel of land containing . . . . . . . . . . . . . . .404.square feet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . G . . . . 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 dazise . . A. Deyo, Ghairmaa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arthur 8 .iacmdx Secretary . . . . . . . . . . . . . . . . Daniel.T.. G.� Lear . . . . . . . . . . . . . . . . . . . . . . d. Philip Arsanaa7ts $sq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals rP7', 177777 l ~- Form 81 P a (1963) North Andover Planning B0ar4 NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN' DESC=ED`BELOW Name and Address of Applicant: Date of Submission of Plan: Ernest Kaufman et ux April 22, 1&d9 Sebastian Corzo et ux c p Atty.Charles W. Trombly,Sr. +0s , 301 Essex Street Lawrence, �riass. 01840 Town Clerk, Town of, North Andover c ,1UN 24 i969 N Town Office Building m ) LYONS N North Andover Massachusetts 10F1� m� TOWN raRK wti r NOR7N ANDOVER p,` Dear Sir: o We forward to you herewith the original and new copy ofpS 2 / described below, heretofore submitted to this Board under:.-G.L. c. 41, s. 81"P, which you may deliver, upon request, to the applicant above named. EXACT 'TITLE OF PLAN, with date and name of Surveyor: Mita L. Minteucci and others Property the Descriptionoflandd "sufficient for identification": riser of Main Street and Chickering toad, North nctover, ivtassachusetts L� Title reference: North Essex Deeds, Book 1100, page 19 Attorney for Applicant: Charles YV. Trombly; Sr. , 301 Essex Street.Lawrence The action taken by this Board upon said plan is indicated upon the reverse hereof. , r (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. Vbdivi dover Planning Board has detezmineEthat said plan shows a as de a by G.L c. 41, s. 1 L, m heref a be \to t for app val un a he subdin_c 1 1 (3 Nort dover Hing d has. er 'ne o t a upon Isa lana _ Very truly yours, NORTH ANDOVER PLANNING BOARD By WJ� Date: I F- rr Qv, 4 Form 81 P - 4 (1963) North Andover Plsauing.Board NOTICE TO;TOWN,CLERK OF SUBMISSION TO PLANNING` BOARD OF. PLAN DESCRIBED,BELOW BELIEVED NOT TO REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and,Address of Applicant: Date of Submission of Plan: k ill*st Kauir.riniet uxA r►t 9t Y#8� ebt'ztian Z. orxo,et um _ c/pAtty i. rlci� . "i"rGs,E�Iy` r.*Al . awrencs, -4$8. 015401, Town'Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: ' Pursuant to the provisions of G.L. c. 41, ss. 81-P and 81 T, you are hereby notified that the plan described below has this day been submitted 'to the North Andover planning Hoard for a determination that approval of the same is not required by the subdivision control law. EXACT TITLE,OF PLAN, with date and name of Surveyor: pita ytuicuect and othtre Description of 'land ttsufficient for identification": F`roperty at the, r orner of ,.gin wast and ; hicsertt►g *&d,r Noitin Aadov'er. h�assachuattt:e Title reference: North Essex Deeds, Book , page; 1100 1 Attorney for Applicant: `AWA Very ,truly yours, Applicant This-As a plan merely of a dividing line between two lots and in no way constitutes a subdivision, as defined in Gen. Laws, Chap. 41, Section 81 P. This plan was approved by the Board of Appeals on March ll., 1969* i i ` Attorney for � 1 1 Oversized Maps on file with the Town