HomeMy WebLinkAboutEATON, EDWARD y., lass
MAY 20 +j)76
TOWN OF NORTH ANDOVER o JOHN 1. LYONS
TOWN CLERK
MASSACHUSETTS �� NUR1�1 UUMER
BOARD OF APPEALS ?
May 20, 1976
Edward & Olga Eaton
297 Andover St.
Petition No. 7-176
Mr. John J. Lyons, Town Clerk
Town 0ffice Building
North Andover, Ma.
Dear Mph. Lyons:
A public hearing was held by the Board of Appeals on April 12, 1976 upon application
of Edward and Olga Eaton who requested a variation of Section 4.121 (1) of the Zoning
By-Law so as to permit a 3 room apartment for in-laws on a plan of land located at
297 Andover St. The following members were present and voting: Frank Serio, Jr.,
Chairman.; Louis DiFrusoio, Clerk; James D. Noble, Jr.; Walter Jamitkowski and Ralph
R. Joyce, Assoc. Members.
The hearing was advertised in the Lawrence Eagle-Tribune on March 27 & April 3, 1976
and all abutters were duly notified by regular mail.
The petitioner testified that he was refused a building permit to construct an apart-
ment over his garage because he is in an R-3 District which is limited to one dwelling
unit per lot. He testified that the lot is abutted on two sides by multi-family
dwellings and on the third side by�a general business zone. Further, there was in the
immediate area, two two-family homes and he, therefore, maintained that the granting
of the ,variance would not deter from the immediate area or the community at large.
He further testified that the apartment was to be used by his wife's parents, an elderly
couple, presently residing in a local apartment complex. He testified that thAir re-
tirement income was not capable of supporting themselves and that he, the petitioner,
was not able to subsidize their income. He, therefore, maintained that he was under
a substantial financial hardship. Finally, the petitioner argued that the intent of
the By-Law defining the uses of an R-3 District would not be violated because although
there would be, by the adopted definition, two units on a single lot, it is effectively
still a. single family dwelling, as it is his in-laws that would be using the Wrtment.
He had,no objection to the variance, if granted, being limited for the purpose of pro-
viding an apartment for members of his family.
x
May 20, 1976 2-
Edw, Eaton Decision
Several persons present at the hearing, none of them abutters, stated that the efforts
of the petitioner were commendable and that they, as members of the community, had no
objection to the granting of the variance. There was no objection voiced at the hear-
ing to the granting of the variance.
Upon motion of Mr. DiFruscio and second by Mr. Jamitkowski, the Board voted unanimously
to GRANT the variance with the restriction that the apartment shall be used only by
the parents of the petitioners. The Board found that the area was dotted with non-
conforming uses and that this use would not deter from the area or the community at
large. Further, the Board agreed with the petitioner's argument that the intent of
the By-Law was not violated and found that not to grant the variance would cause a
substantial financial burden to the petitioners.
Very truly yours,
BOARD�y OF APPEALS
,
Frank Serio, Jr.,
Chairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . .May. 2Q .1976. . . . . . . . . . . .
Petition No.. .7!7'76. . . . . . . . . . . . . . .
Date of Hearing. April. .1.2, .1976. .
Petition of . . .EDWARD A.OLGfA. EATON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . ?97 .Andover .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . .
. . . .North Andover. Zoning. By-Law.section .4.12.1. .(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit .a. 1—room.apartment.for. .in-laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . the
Variance and hereby authorize the Building Inspector to issue a
permit to . Edward. &. .Olga.Eaton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1) the apartment shall be used only the parents of the petitioners.
Signed
Frank Serio, ;Jr..,, Chairman . . . . . .
. . . . . I . .Louis. D Frus*,. C.].erlk. . . . . . . . . . .
. James. D.. Noble,. !Tr.. . . . . . . . . . . . .
. . . . . —Walter. Jamitkcowskij.. .Assoc... .Member
Ralph. R.. .Joyce,. Assoc,. Member
Board of Appeals
Oversized Maps on file with the Town