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August 19, 1968
40-42 Longwood Avenue
North Andover, Mass.
Joseph R. & Carol A. Lariviere
John J. Lyons, Town Clerk
Town Office Building
North Andover, Mass.
Dear Sir:
Upon application of Joseph R. & Carol A. Lariviere to the North Andover Board of
Appeals for a special permit under Section 4.7 and a variance under Section 4.73
of the North Andover Zoning By-Laws, a public hearing was held on June 10, 1968
and postponed until the meeting of July 81 1968, at which time complete plans were
presented. The hearing was held in the Town Hall facilities after having been
advertised in the Lawrence Eagle Tribune on the dates May 25 and June 1, 1968 and
with all abutters duly notified by certified mail. The following members
were present and voting: James A. Deyo, Chairman; Arthur Drummond, Secretary;
Daniel T. O'Leary, Donald J. Scott and John J. Shields.
The petitioner was represented by Attorney Robert Minasian and pleaded his case
by citing the increasing need in the Town for the type of apartment proposed. He
stated that the present building was in need of repair and that a practical method
of affecting repairs was by the conversion proposed. He stated a financial hard-
ship in that adequate financing could not be obtained to merely repair the building
if the present four four-room apartments were maintained. Financing was available
if the conversion to six four-room apartments could be made. It was also cited
that abutters would be screened from the parking lot of the building by a suitable
fence. Also the principal means of entrance would be via a walk leading to the
off-street parking lot, thus negating excess street parking.
There were several abutters present who objected to the proposal on the grounds
of added traffic, detrimental effect on the neighborhood and a potential precedent-
setting situation.
Upon motion duly made and seconded, the petition was taken under advisement. During
this period it was noted that a similar petition had been presented to the Board
slightly over a year ago, except that it was for an 8-1mit apartment. After con-
siderable discussion, Mr. O'Leary made a motion to DENY the petition, seconded by
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Lariviere -2- August 19, 1968
Mr. Shields and voted unanimously that it be denied.
The principal reasons for denying the petition are as follows:
1. Granting the petition would have resulted in a severe deviation from the
intent and purpose of the Zoning By-Laws.
2. The lot size available was substantially below that required for the six
apartments desired.
Very truly yoursp
BOARD OF AFMLS
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James A. Deyo.. Chairman
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NOTICE OF DECISION
Date .August .19. ,196$ . . . . . . . . . .
Petition No.. . . . . . . . . . . . . . . . . . . . .
Date of Hearing–. =e. 10, ,1968. . .
Petition of . . Joseph.R, & Csrol.A.. Lsrzviere . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . -4974. L91 9W994Aaenue
Referring to the abode petition for a variation from the requirements of the. . . . . . . . . . . . . . . .
. . . . North Andover.7oning By–Law . . . .
so as to permit. the changing,of_four .4–room, apartments. to .six, 47roma.apartments . . . .
After a public hearing given on the above date, the Board of Appeals voted to. . . . . . . . .the
Special Permit and Variance
. . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:.
1
Sign,,---")—)
James A. Dego, Chairman
Arthur Drummond. Secretary _ . . . _
. . .
Daniel T. OlLeary. . . . . . . . . . . . . . . .
Donald .J. .Scott
John J. Shields— . . . . . . . . . . . . . .
Board of Appeals
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TOWN OF NORTH ANDOVER
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April 24'1�1. 1%7
Petition No. 9-67
John J. Dons, Town Clerk 40-,42 Longwood Avenue
Town Office Building North Andover, Mass.
North Andover, Mass. Joseph R. & Carol A. Lariviere
Dear Sir:
Tipon application of Joseph R. and Carol A. Lariviere to the North Andover Board of
Appeals for a variance and a special permit under Section 4.7 of the North Andover
Zoning By-Laws so as to permit eight, three-room apartments, a public hearing was
held on April 10, 1967 by the North Andover Board of Appeals. The hearing was
held in the Town Hall facilities after having been advertised in the Lawrence
Eagle Tribune on the dates; March 25 and April 1, 1967 and with all abutters duly
notified by certified mail. The members of the Board present and voting were:
John J. Shields, Chairman; James A. Deyo, Secretary; Daniel T. O'Leary, Arthur
Drummond and Donald Scott. The applicants were represented by themselves.
The applicant pleaded that it was his intention to convert the present building
containing four, four-room apartments by enlargment and modification so as to
create eight, three-room apartments. Sufficient parking areas would also be
established.
There were several of the immediate abutters present at the hearing and all were
united in objecting to the proposal though for a variety of reasons, including;
traffic congestion and degrading of the neighborhood.
A motion was made and carried that the application be taken under advisement.
During this period it was noted that for an eight apartment building a lot of
28,000 square feet of land was required by the Zoning By-Law.
A motion made by Member John J. Shields, to deny the application was seconded by
Daniel T. O'Leary and voted unanimously by the Board.
The principle reasons for denying this application area
1. There was no apparent hardship, financial or otherwise.
2. The lot size available was substantially below that required for the eight
apartments desired.
3. Granting the application would severely aggravate an existing non-conforming use.
vBOA OOAPPEEAALLS�
JADsad Jasues A. Deyo, Chai:rlmn
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . .Ap .ril. . .�+a. 1967. . . . . . . . .
Petition No— 9- 67.
Date of Hearing. .APS .W. .1967 .
Petition of . Joph •. Carol �• I�ar3v3ere
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . .40-42 .Longw� Avenue. . . .
Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . .
North, Andover. Zoning By-L.aw
so as to permit. .eight, three-room apartments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to, . . . . .the
Variance &_Special Permiit_ gjjajill Big III W-4:9
for the construction of the above work, based upon the following conditions:
!
Signed7�=tt ' Ct•���"
/Faxes s G. . . . . . . . . . . . . . . . . . .
Arthur Drummond, Secretarw . .
Donald J. Scott
Daniel T. O'Leary . . . . . . . . . . . .
John. 4'.. Shield. . . . . . . . . . . . . . . . . .
Board of Appeals
Oversized Maps on file with the Town