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Home My WebLink AboutFIRST METHODIST CHURCH f�.•�pRr�`• i F, AHIIL711 ';0 �8 09 ' • I$55 ' ObO� � �) Ho a RfCEIVE� TOWN OF NORTH ANDOVER Oct to Jolm f 1 1969 u, MASSACHUSETTS TOWN' tY0 �a NpRTyASK V,, Nv� BOARD OF APPEALS '�Fz z� a 0T October 21, 1969 First United Methodist Church 158 Main Street, North Andover, Mass, John :;. Lyons, Town Clerk Town 'Office Building North Andover, Mass. Dear Sirs The Board of Appeals met on Tuesday evening, October 11., 1969 at 7230 P.M. in the Town Office Building with the following members presents Arthur R. Drumwnd, Chairman; Daniel T. O'Leary, Secretary; Donald J. Scott, Donald J. Leonard and Associate Member James A. Glynn, Jr. , Esq, A letter dated October 9, 1969 was received by the Board, signed by, Atty. Donald F. Smith, attorney for First United Methodist Church and Robert H. Minasian, attorney for Emil J. Cameo, Marg Camuso, Joseph M. Zappala and Philip J. Gallant, requesting that the Board of Appeals vacate its decision dated September 29, 1969 which granted a variance of Section 1+.1 of the Zoning By law and further requested that the petitioners' application for such a variance be dismissed. Upon notion of Member O'Leary, seconded by Member Scott, it was unanimously voted to vacate the decision of the Board of Appeals dated September 29, 1969 and to dismiss the petitioners' application for a variance. Very truly yours, BOARD OF APPEALS qoez4� Arthur R. Drummond,, Chairman AD Form 81 P - 2 (1963) North Andover Planning Board , NOTIaE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW Name and Address of Applicant: Date of Submission of Plan:. Truste" of DeaembW 7• P%rst thilted Methodist Chwmh of North *udover 57 Peters Street North fiver, Msssachu"tU Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: we forward to you herewith the original and new copy of the plan 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: "Plan of Land located its North Andovert Keenaohmette owned by First ftl%#A Methodist Churdh of North Andoverr" dated 0eaember, 1970* Charles N* Cyr, ftvt De ffon of land "sufficient for identification": NORTUEW . 662.00 Feet by land now or formerly of Lwa4moe Eagle"MPOUM! 14ealt Y 7cruat� WTEy 431.00 feet by lends now or formerly of Kimball and Donavan; SONY 506.30 feet by Peters Streets SOUTiUr.bTf MY by a curved Line 1213.83 feet by Salem TM%P1k9 and Peters ft, fto and wEsmy 354.uo feet by Route W, Title reference: North Essex Deeds, Book ,page Attorney for Applicant: 1.125 17+6 Donald Fe Smith, aq• 316 Easem 5trent, Laaorsneeo Xwws 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. The Nor Andover ing Board has determined that said plan shows a di is on, def ed G. . c. 4 s 81 L an mus th fo submitted to it for ',approva der the ivis n control laws ( ) e N th ver P g rd as d tot no ac u d pl Very truly yours, NORTH ANDOVER PLANNING BOARD By Date: 7 X�,, /. 72) Form. 84 P - 4 (1963) North Andover Planning 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: I1 ftr:at vftud t;1oliest (.tAwqh of 4 5 f4eW�a 'tireet �� tis �s 20 z 4 ro ,nom REcEiv�Q �� Town Clerk, Town of North Andover a a Town Office Building m.. 1970 0 North Andover, Massachusetts N .JOHN J. LYONS � NO TOW I V CLERK oN Dear Sir: TH ANDpyw Pursuant to the provisions of G.L. ce 41, ss. 81 P`sC 9 u are hereby', notified that the plan described below has this day been submitted to the North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law. EXACT yyTIT�LEy��O�F�PLAN, with date and nyaym,e yopof Surveyor:yy Lr MA 9. ow"d by ryieth*''imt Crwy e t of rtd', dated + '* M011 Ql1lt to wo CitKl De on of land "sufficient for identification": *,!,r° � rax 6600m root by lama tmw or #'e►"rly of Lowrones Awl wTIPVXM1 ft"11W Tru=t' ¢!� 1 r ALX 431.00 feet by Imnle s v or lbr arly of Kk,,-ball md l V*fts 3iE f 1"Ly # ,#p-�o)D feet by $eft ��yrp't; g gy� �...�u�,� r. r'_ �N4,LYi by a 4ury-`,d 1:?n.€#� r00% a'tim.n0w ■etaft a1f"L W04000 r"t by 'cute U40 Title reference: North Essex Deeds, Book , page Attorney for Applicant: U115 176 Donald P. ;a t%4 ,* G ''etc "trO t MOW2 Verytrulyyours, t/ i G Appel " ant ' O$ 09 10 >> • euo 9A vED oQ TOWN OF NORTH ANDOVER o SEP 29 1,969 L�n MASSACHUSETTS JOHN 1. LYONS a SEp 1969 o TOWN CLERK BOARD OF APPEALS )ON�i 3.1.Y RAS v NORTH AIVDDVER �� as September 29, 1969 First Methodist Church and others 158 Main Street John J. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: On September 15, 1969, in the Town Office Building, the North Andover Board of Appeals ,hetd a hearing on the application of the First united Methodist Church, Emil J. Camusa, Mary Camuso, Joseph M. Zappala and Philip J. Ballant requesting a variance of Section /+.l of the Zoning By-Law so as to permit a beauty culture business, boutique shop and retail wearing apparel and accessory shop and to rent the hall for private social functions; to erect two advertising signs and allow customer parking for cars on the property; at 158 Main Street. The public hearing was advertised in the Eagle Tribune on August 30 and September 6, 1969 and all abutters were duly notified by certified mail. The members present and voting were, Arthur R. Drummond, Chairman; Daniel T4,011eazy, Secretary; Donald J. Scott, Donald J. Leonard and Associate Member James A. Glgnn, Jr., Esquire, Atty. Donald F. Smith appeared on behalf of the First Methodist Church and Atty. Robert Minasian represented the other applicants. Atty. Smith noted that the building presently is solely suitable for a church. The present owners have been unable to find a church group to purchase the same, for about two years. Zoning for a church constitutes a financial hardship and the allowance of the variances would permit sale of the property and return the building to a useful purpose. The structural changes on the exterior would be minimal and allowance of said variances would not derogate from the spirit and intent of the Zoning By-law. Speaking for the other applicants, Atty. Minasian noted the reliability of his group in other locations, in all ways, and the fact that he did not specify which sub-section of paragraph 4.1 he was seeking to vary but needed the entire paragraph because the premises are located on the fringe of a residential district and is unique inasmuch as it can be used only for a church and no other parcel in the area at present, experiences the same problem. No variance would be granted which would be detrimental or injurious to adjoining property and this locus is on the fringe of a business and industrial area. This is a case that falls squarely within the guidelines set up by the Massachusetts legislature. �$ p9 10 77 r2` Do First Methodist Church and others _ RECEI EU ��' ber 29 1969 SEP 291569 rn JOHN J. LYONS 0 T N CLERK v No opposition presented itself and after conside to was the feeling of the Board that the chairman should contact To n2 �s a 02 f2 ' opinion and them call a special meeting to act on the application. The special session was held on Monday, September 22, 1969 with the same Board members present. Town Counsel Arnold H. Salisbury noted that the petitioner's reference to Section 4.1 of the By-Law had no choice but to refer to all the.. Sections 4.22 through L19 since none of these sub-sections specifically prohibits the proposed business uses for the subject parcel and if the Board finds from the petitioners that the following requirements have been met, it may properly grant the requested variance. 1. Are there conditions especially affecting the subject parcel which do not affect generally the zoning district in which it is located? 2. Would a literal enforcement of the provisions of the By-Law involve substantial hardship, financial or otherwise, to the petitioner? 3. May desirable relief be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and/or purpose of the By-law? If the Board finds from the petitioner's evidence that these requirements have been met, it may properly grant the requested variance. The petitioner could not properly ask a Town Meeting to re-zone the subject area for business purposes. Such a re-zoning proposal which obviously would be for the benefit of the petitioner and not for the Town Mould fall within the ban against Rspot zoning" as established and defined by various decisions. The Board, following an extensive discussion, on motion of Donald J. Scott, seconded by James A Glynn, Jr. , voted unanimously to Brant the variance with the following restrictions. A. Due to the traffic and parking problems in that area, there is to be no renting of the hall for any functions of any description. B. The requested signs and canopy mast comply with the requirements prescribed by the Building Inspector. The reasons for granting this variance are thLt the requirements as outlined bT the Town Counsel, and noted above, have been met. Very truly yours, BOARD OF .APFFALS t Arthur R. Drummond ARD:ad • NOR?y �.•APPILY" OM ''... 1 y. assn S ac U o ry RFc�rvEO '� TOWN OF NORTH ANDOVER a SEP1969 29 a MASSACHUSETTS a 10HN 1,. LYONS C-3 �T�� ANDOVER JERK � BOARD OF APPEALS °n�, ��dz lZ DZ NOTICE OF DECISION Date . . . . . . . Petition No.. . . . . . . . . . — Date of Hearing. .44p` :k?er .1:5,.j%9. Petition of . . . . UaiteI Methodist. Ghuresh,, ) 7 .J..Csmx q, .).1a7. ?appaia.4 Pkt31.3.p Ga77.axtt Premises affected . . . . . . . . . . .I.5$. . . . . . . . . . . . . . . . . . . . . . . . . . .Main Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . North Andover Zoning By-Iwo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . I . . . . . . . . . . . . . . so as to permit . a .Beauty Cultwv. Builaose..Boutique.Shop, .Retail Wearing. Apparel. . and Acsaeslsgx7 Sl?0p: .4ps. .pgr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . CAT. . . . the variance. . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permitto . . . t2 above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: See conditions on deaiaion attached. Signed Ar.t3nar..R..Ar=.nortd.,.Ch4x!nam. . . . . . . . . . . . Daniel.T,.O!Leary's.S�creta?,q. . . . . . . . . . . . r Ilonahcl.J,seott . . . . . . . . . . . . . . . . . . . . . . . . . . Dozisld . . .�+e4�►a . . . . . . . . . . . . . . I . . . . . . . . . Jala4es .A..Glynnct, .dr.,.meq., .Aasecaiat®.Meaber Board of Appeals Oversized Maps on file with the Town I i Oversized Maps on file with the Town