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Home My WebLink AboutKELLEY, WARREN •'s iaas ;'• 9�+CHO TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 18 August, 1966 Town ,Clerk Town Hall North Andover, Massachusetts Ref: 39-41 Park Street No. Andover, Mass, Warren F. Kelley, et ua Dear Sir: Upon application of Warren F. Kelley to the North Andover Board of Appeals for a Special Permit from the requirements of Section 4. Paragraph 4.11, of the North Andover Zoning By-Law, the Zo- nin$g Board of Appeals heard subject application on the evening of S August at 7:30 P.M.. The hearing was heard in the Town Hall facilities. Members present and voting were John J. Shields, Chairman, James Deyo, Secretary, Daniel T. OTLeary, Arthur Drum- mond, and Donald Scott. Representing the applicant was Attorney Edward A. Gordon. The petition of the applicant was advertised in the Lawrence Eagle Tribune under date of 25 July and 1 August, 1966. All abutters were duly notified of this hearing by certified mail. Attorney Edward A. Gordon pleaded the application which provides for conversion of the third floor level of a two and one-half story, two family dwelling into a four room, one bath apartment. Very limited architectural plans were submitted as indicating the usable floor space of 748 square feet. The plans also indicated the installation of a new 60 square foot dormer window on the ex- terior of the roof line. The plans were explained by Attorney Gordon also pleading that a substantial hardship to the applicant would be involved by the enforcement of the By-Law. He further stated that the conversion would not be a detriment to the public good nor would it derogate from the intent and purpose of the By- Law, Speaking as an objector to the application was Mr. Joseph Cushing, an abutter to the subject property., who pleaded that if the petition were allowed, the neighborhood would suffer derogation. 4 DECISION Page II Kelley Mr. Cushing further indicated that there were several similar units of homes in the immediate area and questioned possibility of additional, similar applications for permits which in turn would possibly affect values of the area. No other objectors were registered. A motion was made and carried that the application be taken un- der advisement. During the period of advisement and review of the plans submitted, it was viewed that a proposed six foot ceiling height was indi- cated on the plans ; that a new dormer, which would materially affect the exterior appearance of the present property, was pro- posed; and that no plan or explanation as to two indicated stair- wells leading from the attic area, now existing, to the second floor level, as to where they would enter the second floor level with respect to the present second floor livable unit. The Board further questioned the architectural layout with respect to com- pliance with the State Sanitary Code affecting livable units from the standpoint of habitation standards. Member Arthur Drummond made a motion to deny, the application and the motion was seconded by Daniel T. OfLeary, and the vote was unanimous to deny the application. Reasons for denying this petition are: That no substantial hardship, financial or otherwise, can be construed since the applicant in recent years purchased the property with full knowledge that it was zoned as a two family dwelling; That the granting of this permit could adversely affect the neighborhood influences and values. Very truly yours, John J Shields Chairman JJS:aa fJ' ORTy� s. AML7" -PO -. 1855 assCM35 � rsrewwwt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Petition No.. . . . . Date of Hearing. .AuguP� $j, Petition of .i rx'e .. & jQ X011e7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .39!4 Pexk_u§ t'bret . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . North Andover Zoe - aw . . . . . so as to permit. the.eonver494.of A tW"Cami . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to- -PPY. . . . Ahe irari ewe & ,9ge for the construction of the above work, based upon the following conditions:. Signed Q Lam, s. sPegrPtS17. . . . . . . Daniel T. OlLear Artb!TC'Dry . . . Board Fi AML717 c„u TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 13, 1965 John J. Lyons Town Clerk Town Building North Andover, Mass. Dear Sir: The, fo]lowing petition was heard at a meeting of the Board of Appeals on Monday evening, August 9, 1965 at the Town Office Building. Members present and voting were: Daniel T. O'Leary, Chairman; William Morton, Secretary; Arthur Drummond, James Deyo, and Associate .Member Robert J. Burke who sat in place of regular member John J. Shields. WARREN F. & JOSEPH= 1MLLIT REQUESTED a variation of Seo. 6.31 of the Zoning By-law so as to perm�t the division of a parcel of land into two lots as shown on plan submitted on the premises, located at the south side of Park Street; 87.2 feet distant from the corner of Chickering Road and known as #39-41 Park Street. This public hearing was advertised in the Eagle Tribune on July 26 and August 2, 1965. All. abutters were duly notified by certified mail of this hearing. Atty. Edward Gordon represented the petitioner, who was also present. There were ten people present for this hearing. Atty. Gordon explained that the petitioner wanted to con- struct a single family home on the lot adjoining the present dwelling. There were four abutters recorded as opposed because the lots would be to small in comparison with the adjoining lots in the neighborhood. The lot with the existing house would contain approximately 10,500 sq. ft and the proposed vacant lot would contain approx. 99320 sq. ft.', In Executive session, after a thorough discussion, Mr. Drummond made a motion to ISI the variance. Mr. Deyo sedbnded the motion and the vote was unanimous. This petitions is denied because the applicant will suffer no substantial hardship, financial or otherwise, by its denial. Very truly yours, BOARD OF APPEALS 91T. O'Leatq, Cba AD Ahi NORTy i F: Mna7" :ne y •.,..• ACH6g M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date Attggr?;t . 3s . 19. 5. . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . . Date of Hearing. .A#94-1t. -15,. .1965 Petition of . . :Warrer .F... .F .,josephlrae Kelley . . . . . . . . . . . . . . . . . Premises affected .WUth. .410e. cf. 7* . f:� . distant .f r9m_ the .corner of Chi:cket!ing Road & known as 39-41 Park Street. Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Nat`th. :Andoycr. Zcmtng. Bynln'. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. . .the. .di.Y.is{.9n. :af. a. Parcel, of, T,and . 1Ato .twQ .tats. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to. . .DENY. . . . .the . . . . . . . . . . . Yar.i.ance. . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permitto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions:. Signed Dani e1 T.. .0 I Leary,, CklairMan W11.1:i am.Mor tott,. :Secrotpry . . . Arjt lour-Or`:PMoO4 . . . . . . . . . . . . . . . . James. .t eyo . . . . . . . . . . . . . . . . . . . . . . i RQbor1:. .4 k Pi rke.,, .Assoc1a:te.mer Board of Appeals Oversized Maps on file with the Town , �AIAd NoRry �_. c1.: Avaa71V '' ,•. CHUg TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . t .10:.1%6 . . . . . . . . . Petition No.. . . . . . . . . . . . . . . . . . . . . Date of Hearing. . . 8s .1966. . Petition of .WaTTOA.F.. & JQaspkliJ20. X041197. . . . . . . . . . . . . . . . . . . . I . . . . . . . . I . . . . . . . . . . . . . . . . Premises affected . .39-41 Park.Strmet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .North tndover. Zoning BYY�+aw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit. the.e0nper83 on,of: a two;family, dw. I ling .tQ.a.three4a mil y dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . After a public hearing given on the above date, the Board of Appeals voted to. . . . . . . . .the Variance. & Special. Fezldt. . . . . . . . . PRMWO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions:. Sagned Jams a'. . . . . . . . . . . . Daniel T. OfLeary. . . . . . . . . . . . . . . . j Arthur Drummond . . . . . . . . . . . . . . . . . . . . . . . . . Donald dt .9eott . . . . . . . . . . . . .. Board of Appeals