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Home My WebLink AboutFARKAS, GEORGE y.. 16bS eHu TOWN OF NORTH ANDOVER t3 MASSACHUSETTS BOARD OF APPEALS February 24, 1976 �� S p�IER nj 1 George Parkas Z` 1615 Osgood St. Petition No. 16-175 Mr. John J. Lyons, Town Clerk Town Building North Andover, Ma. Dear Sir: A public hearing was held by the Board of Appeals on January 12, 1976 upon application of George Parkas who requested an appeal of a decision of the Zoning Enforcement Officer regarding the use of a commercial outdoor parking area. The following members were present and voting: Alfred E. Frizelle, Vice-Chairman; Louis DiFruscio, Clerk; James D, Noble, Jr.; and Assoc. Members Walter Jamitkowski and Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle-Tribune on Nov. 22 & 29, 1975 and all abutters were duly notified by regular mail. The land in question is located at the North side of Osgood St., WOO feet from the corner of Bradford St. and known as 1615 Osgood St. The petitioner desires to park automobiles on the premises. The presentation of the above petition imposes upon the Board the duty to examine three distinct issues: 1) the propiety of the Board of Selectmen's Licensing Commission in their decision not to grant a license to Mr. Parkas for Outdoor Parking on the above described premises, [only that part of the Licensing Commission's decision that denied the license on the basis that the use is not allowed under the provisions of the North Andover Zoning By-Law is examined, and the denial on any other grounds is not questioned; 2) the determination of whether Mr. Parkas possesses a legally existing non-conforming use so as to permit the use which was the subject matter of the applied for license, and 3) in the event that the use is not found to be a legally existing non-conforming use, then the Board will examine the merits of granting a variance for such use. As to the merits of the Licensing Commission's decision, the land in question 4 s found to lie in an industrial "S" zone, the uses for which are found in Section 4.131 of the 1972 Zoning By-Law of the Town of North Andover, as amended. Nowhere in the said r Page -2- George Farkas section, is the use of Outdoor Parking provided for and therefore, the use is "expressly prohibited" by virtue of Section 4.11 of the said by-law. We do therefore, affirm the Licensing Commission's decision not to grant the license applied for by Mr. Farkas, but only to the extent that the denial is based upon the use not being an allowed use under the provisions of the Zoning By-Law. Notwithstanding thecprovisions of the said Zoning By-Law, Mr. Farkas may apply to this Board to allow such use as a legally existing non-conforming use. With regard to this matter, evidence was presented to this Board and we have founds 1) that Mr. Farkas obtained' a license for such use in 1955, and 2) that such use has continued uninterrupted, since 1955, and 3) that the applicable zoning law at the time that such use was begun was the 1943 Zoning By-Lax of the Town of North Andover, and 4) that the map defining the zones described in said 1943 By-Law had not been filed with the Town Clerk as re- quired by the provisions of the said 1943 By-Law, and 5) that the said map did not exist or was not to be found at this time. Therefore, this. Board has determined that the use Dor. Farkas begun, and now continues, was, and is, a legally existing non- conforming use, and as such, is therefore an allowed use under our present Zoning By- Laws. This contention is based on the reasoning that since the zones were not properly defined by the failure to file a map with the Town Clerk then the uses w ere not properly determined and we therefore cannot ascertain that Mr. Farkas' use was not legally existing as a conforming use in 1955• The above determination having been made, the question of granting a variance becomes moot. This Board realizes that it is not within its authority to grant a license for the operation of Outdoor Parking and therefore the matter is referred .to the Licensing Com- mission with the finding that Mr. Farkas possesses a legally existing non-conforming use. The above determination was made upon the motion of Mr. Joyce and seconded by Mr. Di- Fruscio and voted unanimously by the Board. Very truly yours, BOARD OF APPEALS Ir Alfred B. Frizelle, Vice-Chairman RRJ;gb rr 04.NoRTy%LL l o.� . . {r. AvML7ro A ',;"•. 1835 : '• CHU ♦ YV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .February. 2¢,. .1.976. . . . . . . . Petition No.. .16-f 75 Date of Hearing. .Jan... .U 1 . 197.6 . PetitioiX of . . . . GEORGE.FhRIf S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected 1.415. 9$go.Q4.Sts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . finding on Referring to the above petition fora JIMIMUMM the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning By—Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . so as to permit an. .Outdoor, Parking. Area. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . . . .permission.. . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Alfred E. Frizelle,. Vice.Ch*rman. . Louis DiFruscio, Clerk . . . . . . . . . . . . . James D. Noble, Jr. . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . Walter Jamitkowski, Assoo. Member Ralph R. Joyce, Assoc. Member Board of Appeals ♦RR4.� ��'NORTM FAvxIL RyrSACHU9F'�x' TOWN OF NORTH ANDOVER RECEIVE9 p MASSACHUSETTS u, s AUL 27 1962 BOARD OF APPEALS JOHN J. LYONS p TOWN CLERK �.. NORTH ANDOVER August 25, 1962 �a b2 sa zz �z oz John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear Sir: The following petition was heard at a meeting of the Board of Appeals on Monday evening, August 13, 1962 at the Town Office Building. Members present and voting were: ',Daniel T. O'Leary, Chairman; Harold Morley, Jr., Secretary; Benny E. Lund, HowardlL. Gilman and Arthur Drummond, Associate Member, who sat in place of Robert J. Burke. George;Farkas requested a Special Permit under Para. 4.41 of the Zoning By-Law so as to permit the sale of used cars as an accessory use to the present Auto— mobile Service & Filling Station on the premises, located at 1615 Osgood Street. This public hearing was advertised in the Eagle Tribune on July 23 and August 3, 1962. All abutters were duly notified by certified mail of this hearing. There were no abutters present and there was no opposition to the petition. The Board discussed and voted on the petition. Mr. Gilman made a motion to GRANT the Special Permit to allow the outdoor sale of used cars as an accessory use to an existing filling station, with the condition that no cars be parked, for sale, within 25 feet from the street side line. Mr. Morley seconded the motion and the vote was unanimous. This special Permit is granted for the following reasons 1. There exist certain conditions, especially affecting the parcel in question, which do not generally affect the entire zonihg district in which the parcel is located. 2. Unless the Special Permit is granted, the applicant will suffer substantial hardship, financial or otherwise. 3. The requested Special Permit will not adversely affect the public good. 4. The requested Special Permit will not be in substantial derogation from the intent or purpose of the Zoning By-Law. Very truly yours, BOABD OF APPEALS ,pyo Daniel T. O�Leary, Cha µ4i NORTry o-: APR#L7M 4:S��IS$5 4A TOWN OF NORTH ANDOVER MASSACHUSETTS II orow iiBOARD OF APPEALS `o� NpgtN Zo D L0 bZ £Z ZZ NOTICE OF DECISION Date . Au gust. . . . . . . . . . . Petition No.. . . . . . . . : . . . . . . . . . . . . . Date of Hearing. August. 23r .1962 Petition of. . . Georgm .Far)MA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Promises affected. 2615. 0690«4.Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . .North. . . . . . . . . . . . . . . . . . . . .. . �idgver . ora3�g. By-�v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. the. sale of.used, .we.as. an. accessory. use .to.the. present. . . . . . . Automobile Seraice & Fi113ng.Statioa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . . . . . .the Special Permit . . .and hereby authorize the Building Inspector to issue a permitto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . for the construction of the above work, based upon the following conditions: 1 Signe Daniel .T. _0!ieary,.C,hair n. . . . . . . Harold .Morley,. Jx.,.Secretary. . . . . llanry �. .Lup�d. . . . . . . . . . . . . . . . . . . . . . . .G . . . . . . . . . . . . . . . . . . . . . . Ar.tb=.Pruwxwd.. .Associate .Member. Board of APPeals_