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47 VRWN OF NORTH ANDOVER in the Office of the Town
MASSACHUSETTS Clerk.
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . . . .May . l5 , ,
Petition No.. . . 2 9 r.'.8 5. . . . . . . . . . .
Date of Hearing. May , 13, , 19 M .
JAMES FITZGERALD
Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -
premises aflected 44 Sylvan Terrace. . .
Referring to the above petition for a variation from the requirements of the . . Zoning: ,By, ,Law
. . . Section. 7,, .Paragraph , 7...3, and, Table, .2. . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . .relief. from .the. front. and. .si.de. setback .requiremen.ts. to
. . . . a.11ow .the. .con.tinued. .existence .of .a. .single . family. dwelling. . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .Grant . , , the
variance. rk�len� oxiga ��dotiaoc�l�xa
fix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . .
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Signed
Frank Serio, Jr. , Chairman
Alfred E. Frizelle,. Esti. ,. Vice Chairman
Augustine. W. , N.ick,ers.on.,. .Clerk; , .
William J. Sullivan
Walter. F, . S.ogle. . . . . . . . . . . . . . . . . . . .
Board of Appeals
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AN14 I.ON; Noy*�, Any appeal shall be filed
Wf ANI V�N within (20) days after the
date of filing of this Notice
47 k in the Office of the Town
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''”s „„�•'`' Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
May 15, 1985
Mr . Daniel Long, Town Clerk James Fitzgerald
Town Office Building 44 Sylvan Terrace
North Andover , MA 01845 Petition No. 29-' 85
Dear Mr . Long:
The Board of Appeals held a public hearing on Monday evening, May
13, 1985 upon the application of James and Louise Fitzgerald. The
hearing was advertised in the North Andover Citizen on April 25
and May 2, 1985 and all abutters were notified by regular mail .
The following members were present and voting: Frank Serio, Jr . ,
Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Augustine W.
Nickerson, Clerk; William J. Sullivan; and Walter F. Soule.
The petitioner seeks a variance from the provisions of Section 7,
Paragraph 7.3 and Table 2 of the Zoning By Law so as to permit
relief from the front and side setback requirements to allow the
continued existence of a single family dwelling located at 44
Sylvan Terrace.
Mr . Fitzgerald testified that a plot plan recently drawn revealed
the violations and that a substantial hardship would be suffered
if he were to move the dwelling. No new construction is proposed.
No opposition was voiced at the hearing.
Upon a motion made by Mr. Frizelle and seconded by Mr . Nickerson,
the Board voted unanimously to grant the variance as requested.
In granting the variance, the Board finds that Section 10.4 of the
Zoning By Law has been satisfied. In particular, the Board finds
that a literal enforcementof the By Law would create a hardship
to the petitioner and that desirable relief may be granted without
nullifying or substantially derogating from the intent and purpose
of the Zoning By Law and without causing a detriment to the public
good.
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr . ,
Chairman