HomeMy WebLinkAboutFERGUSON, HAROLD r
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sa Ea BOARD OF APPEALS
February 27, 1975
Harold G. Ferguson
586 Salem Street
Petition No. 1-175
Mr. John J. Lyons, Town Clerk
Town Building
North Andover, Massachusetts
Dear Sir:
A public hearing was held by the Board of Appeals on February 10, 1975 upon
application of Harold G. Ferguson who requested a variation of Sec. 6.3 Table II of
the Zoning By-Law, particularly the side setback, so as to permit an existing dwelling
which was constructed 18 feet, more or lees, from the property line to remain; on the
premises located at 586 Salem Street. The following members were present and voting:
Alfred E. Frizelle, Acting Chairman; Dr, Eugene A. Beliveau, Clerk; William N. Salemme
and Asso. Member James D. Noble, Jr.
The hearing was duly advertised in the Lawrence Eagle-Tribune on January 25 and
February 1, 1975 and all abutters were duly notified by regular mail.
Table 11 of the Zoning ByLaw requires that in R-3 Districts, wherein the Petitioner's
land is located, side setbacks be a minimum of 20 feet.
According tothe Petitioner he purchased the land with the dwelling already constructed
thereon from the builder. After several months he was notified by an abutter that there
was some question as to the lot lines of their property. A surveyor was engaged and he
determined that the original plan was in error and the lot lines were redefined. As a
consequence, the Petitioner's dwelling now has a side setback of 18 feet, and a portion
of his driveway is located on his neighbor's property. The petitioner also detailed a
number of other problems he has, including drainage and flooding of his basement.
The provisions of Section 9.5 of the By-Law sets forth the basis on which a variance
from this By-Law may be granted. The condition especially must affect the parcel of land
or building, but must not affect the zoning district in general and a literal enforcement
of this ,V-Law would impose a hardship, financial or otherwise, to the appellant and,
further, 'that the variance may be granted without a substantial detriment to the public
good or substantially derogating from the intent or purpose of the By-Law.
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Page 2
Harold 0. Ferguson
There was no opposition to the petition and after discussion of the facts a motion was
made by Dry Beliveau to MUM the variance. Mr. Salemme seconded the motion and the
vote was unanimous. There is no question that to require the Petitioner to move his
dwelling 2 feet to meet the minimum side setback would be a substantial hardship and
would cost a conbiderable amount of money. The Board is troubled by the fact that this
error occurred but is assured b the Building y Bui Inspector that the lot lines were staked
out and that the minimum side setback of 20 feet was met when construction began. The
problem resulted from an error made by the original surveyor which was beyond the scope
of his inspection. Certainly correcting this error by the granting of this variance
will not be a detriment to the public good and will not nullify nor derogate from the
intent or purpose of this By-Law. This variance deals only with the side setback and
not with the driveway problem outlined by the Petitioner.
Very truly yours,
BOARD �O,F� 'AP/PEALS
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Alfred E. Frizelle,
Vioe-0hairman
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date .YAroh .3, .1975. . . . . . . . . . . . .
Petition No.1-'75. . . . . . . . . . . . . . . .
Date of Hearing. .Fobrnex•y.10,. .1.975
Petition of . .Harold G. _FergQscn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . .
Premises affected . 5.86 .4%lem. Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of the .Horth Andover. .
Zoning 3%r_1&ra . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . .
so as to permit .an existingdwelling., whioh.w,s vonstruated.18. ft.l, more• or-loss,-
from.the. property .line.to. remain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .BAHT.'. . . . . the
Vaxcae . . . . . . . . . . . . :
Signed
Alfred E. Frizelle, Aoting Chairman
I>r..Eugene.A.. $..elivean.. Clerk. . . . . .
. . .
.William li'. .Salemme . . . . . I . . . . . . . . . . . . .
James,. D.. Noble,. Jr., .Asso. ]Member. .
Board of Appeals
Oversized Maps on file with the Town
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