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HomeMy WebLinkAboutKENNEDY, THOMAS t NORTy A O. AYNIL7M i�1 �;�,•. 1855 ,Pj w�' ��y9sACHU9F'{.' w.+•a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September 22 , 1958 Town Clerk North Andover, Mass. This case came on to be heard on Monday, August 11, 1958. Present and voting were Daniel O'Leary, Chairman, Kenneth Terroux, Secretary, Donald r'. Smith, Robert Burke and Alfred Boeglin, Associate Member. The Petitioner appeared for himself and no one appeared in opposition. Upon motion duly madz and seconded, it was voted to take the matter under consideration. On Monday, September 15, 1958, the Board met to consider the matter of the application. Present were Daniel O'Leary, Chairman, Kenneth Terroux Secretary, Donald F. Smith and nobert Burke. Alfred Boeglin was not present and took no part in the deliberations. The board found the following facts that the Petitioner owned a lot of land since 1913 on Bay State Road being lot 94 as shown on the plan presented with the application for variance and made a part of the decision of the Board. This lot (94) ,was h Bated on the Northerly side of Bay State Road having a frontage of 50 feet, In 1958, following the effective date of the By Law now in force, the Petition-r purchased a strip of land adjoin- ing the vest boundry of lot 94 being one half of a lot duly laid out and recorded at the Northern Essex Registry of Deeds. This lot was 25 feet in width. The Board finds that the Petitioner now owns a par- cel of land on the Northerly side of Bay State Road having a frontage of 75 feet on said road. The Building Inspector denied the Petitioner's permit to erect a house on the premises as shown on the plan above re- ferred to. The total area of the premises for which the variance is sought is 6900 square feet, more or less. The Petitioner sought a variance from this Board to erect a single family dwelling 35 feet long and 24 feet in width. Upon motion duly made and seconded, it was unanimously voted that the application be denied. Under Paragraph 6.62 of the Zoning By-Law the Board. of Appeals has the power to permit to be combined into a new lot two or more vacant lots mutually adjoining provided that the new lot is not less than 10,000 square feet in area and no less than 100 feet on the frontage. The premises in question would have a frontage of 75 feet on Bay State Road, having a total area of 69UO square feet, thus this Board has no authority 2 to grant the Variance requested. However, by reason of the provisions of 6.61, it would appear the Petition--r may lawfully build upon lot 94 above referred to. Para- graph 6.61 provides that the lot area and lot width required in any Aesidence district shall not apply to lots of less area or less width than required if that lot was lawfully laid out and duly recorded by plan prior to the effective date of Paragraph 6.3 and provided it be not adjoined by any vacant land of the Petitioner which might be used in coinuination with or in connection with the lot in question, and pro- vided further that the front yard and rear yard shall not be less than 20 feet deep and the two side yards shall not be less than 12 feet in width. There is no provisision in the by-Law concerning the use of lots of the same owner mutually adjoining and vacant and provided the combination of two Lits of the same owner which taken together do not create a-new lot of 10,000 square feet. However, it would appear that by reasonable interpstation of the by-Law, it would indicate that tender Faragraph 6.61 the owner of a lot having a frontage of 75 feet and a lot area of some 6900 sonare feet more or less may lawfully build thereon provided the rear and front yard requirements and the side line requirements are met, it would appear that underParagraph 6.61 he may lawfully build ' on a lot having a frontage of 50 feet and an area of 4600 square feet, he should be allowed to build by using in connection with such a lot other vacant land mutually adjoining such lot so that the total of the new premises would result in a lot having a total of 6900 square feet. It is the opinion of the board that the Petition r may lawfully build on lot 94 and net,, ube aue vacant adjoining land recently purchased by him provided that the front and rear yards and the side yards meet the requirements set down in Paragraph 6.61. Very truly yours, BOAid) OF APFt�ALS TOWN OF NORTH AYDOVERs Daniel OtLeary, Chairman rr"A ��oxr�'tt• 32;�►wGn.'c� F` rr x C �•`•• 5 sRa-`*ACHUBF' rr►erg .p TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date September 22, 1958 Petition No. Date of Hearing August 11, 1958 Petition of Thomas Kennedy Premises affected B&y State Road, Korth Andover, Floss. Referring to the above petition for a variation from the requirements of the Zonirk By Law or North Andover, Mass. so as to permit the erection of a house After a public hearing given on the above date, the Board of Appeals voted to Dry Y the VAtilA iUB a Kf i i S' ed: Kenneth Terroux� SecretarY Donald F. Smith Robert Burke Board of Appeals X0.6 DoT 25' lob 95 _ Go/94E f , � � 0 4 0 �1 �`N 3S• 1 �. 0 a t CO PIS,0 0 VIA, itw s�die��•-mss• .,E��din9 iLlarr Qafe.' ,/ufsi t� 9,3 e3 S eot��ir2 �,00roveo!• /f/prJ�r.4rt4�over boo.-d ©!'oopeo%r 1104A IA;7,L Cficrii-�rtarn► ,.�,gap.rr/ JeCrerbry r � 11 NORTy 40 APIIIL777 ► `WCNU9F'♦ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 16, 1959 John J. Lyons, Town Clerk Town Building North Andover, Mass. Dear 'Sir: A meeting of the Board of Appeals was held on Monday, November 16, 1959 at the Town Building. Members present and voting were: Daniel T. O'Lea�f, Chairman, Charles Foster Jr. , Secretary, Henry F. Lund, Robert Burkeand Howard Gilman, Thomas V. Kennedy requested a variation of Section 6, Paragraph 6.31 of the zoninU By Law so as to per-alt a side line variance in order to allow the erection of a single family dwelling on the premises located at the Northerly side of Bay State Road 250 feet from the corner of Mass. Ave. The petitioner appeared for himself and no one appeared in opposition. Upon motion duly made and seconded, it was unanimously voted that the Variance be granted as this is a r�o foot lot and comes within the exceptions of Section 6 Paragraph 6.31 of the tonin` By Law. Very truly yours, BOARD 07 APPALS Daniel T. O'Leary, Chairman �Q 15 16 NOV o JOHN J. LYONS N o TOWN CLERK R, r NORTH AHDUVER O9d fl 1� $O Y® irSJ E 3?� cAUOMtb•�� �. A►RILM iA b' 1855 • i gsYACH103 �TVW TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . -November. -16, IC959� • • Petition No.. . . . . . . . . . . . . . . . . . . . . . November 16.,. 1959 Date of Hearing. . . . . . . . . . . . . . Thomas V. Kennedy Petitionof. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Northerly side of Bay State Rodd, 250 feet from the Premises affected. .corner of Mass-. Ave.. . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . North Andover Zoninp, By Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the erection of a single family dwelling - side lir'_e variance soas to permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . I . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .Gr ant. . . . . . .the . . . . . . . TJa r i an c e . . . . . . . . . . . . . . . . . . . . . .and hereby authorize the Building Inspector to issue a permit to. . . . . . . . . .T'iomas. _V.. .PerL?©.�U.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f6�'fi�8 �n�xrctmn'vft,�e-al ''v�cs`i��fia�d`-ttiion'Ilse-f"ollswla�`+etid�rt4c�s: 'geed 7_. G� Charles Foster Jr. Secretary ienry E. Lund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •Ropert Burke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ho ward G:i]gin an . . . . . . . . . . Board of Appy �3 �4 15 16 T) ^� � RECEIVED �'� /06 /0 0 108 SEP 22 ro CD JOHN J. LYDPdS v ' o 7'06'Vry CLERK �6 NURTH ANUUVER O 0t'osozo � L of 94 46009, Qj , 4 o Proposed N (v) L Locafi0r7 I I I O To PC. al 237 22 SO.00 IW47,5s. Avenue N W E 104.4AV ' 01, - L,411,0 ON . 0,40 //V Mae ,4ND o Sco% .Se f Reodin9 /Llvss. 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