The URL can be used to link to this page

Home My WebLink AboutMAHONEY, CORNELIUS �s>�0 r} O�•'' ''?y Yr <1` AvRILM �►assACHU5�'y'4 �sr wa TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building Inspector or other authority. APPLICATION FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING ORDINANCE ,state of c o Fredric S. O'Brien Applicant: Cornelius J. Mahoney Address: 509 Bay State Bldg., Lawrence TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements of Section 2 Paragraph---2—of the Zoning Ordinance. Premises affected are situated on the North South East West . side of Turnpike Street; at JWWQQtWMXt=the corner of Andover Street and known as NUMBER 451 Andover Street. i Description of XRdIONOW(Existing) Building 1. Size of building: 40 feet front: 5 feet deep. Height: 2 1 �2 stories: feet. 2. Occupancy or Use: (of each floor)lst. floor-candy preparation, sales and residence.,;" 3. Zoning District:General Re s rl e n c e 4. Date of erection 5. Type of Construction: (check one➢ xxwxx x3aT]X wood frame 6. Has there been a previous appeal, under zoning, on these premises: No 7. Description of proposed work or use- Buyer wishes to use premises as home for family and for the sale of sweets. The preparation of part of the sweets will be there. lr��x�acncafrxeemc _ o 8. The principal points upon which I base my application are as follows. The property is on two main highways and is adjacent to a restaurant and a furniture sales room. I agree to pay for advertising in newspaper and incidental expenses. Estate of Cornelius J. Mahoney By: A. �r� 5 .�� Signature of responsible applicant Attorney and Massachusetts agent Notices sent to: Names: Addresses: ._ S s ykykli4,{ 'Y NORTy • Q e 32o1��0.POR+1T�i�, e F� AMIL7rt ps h►�s`S'aCH09F't� }'VRVTV TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 19 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, An' i6nembew W _ 19 , at$—o'clock, to all parties interested in the appeal of "Ute at J. ahow requesting a variation of the Zoning Ordinance so as to permit 1SYte�mf�ti�r� anai aa�7g � on the premises, located at_ - - By Order of the Board of Appeals. Gre9ca7 Mwradkwdano Ghai man a, hol kalb 73 T1,p(1w�n Bitildingt� the ,a 1Wat 8k itAnfpgr' Noveatb A',�uW' aoirtyx nder IA..1852.at 8 o'a Novemba to all partite: f ergl ea Cpd In I. app I5 exp In E114�apps Estate n�qa_ one1. m ibaria ;4. �pp A'�"62, tb'rhey sdd�A�ed�Ge` :Notate of Co'rh`eYtua �. Il4'ahaney b questrog a yy Una eE.the toping Arai,�. 5, O'Brien,.Attorney.,a¢d Apent'r ttjj ante so a ta: 4 tae mmgafecture 8 ee 'a vartatibn of the Zonle Ordinz,I sale of aw er the premises, located• to, mi tile, manufacture artd 461 Andov r tkt, North Andover, ldae8i gp, 'of aweotg;on tife gremtasa• located ski 8 Or of the Board of Appeals. *1�Andover Stre¢t, North Andover, Mass. G EGORY MOORADEAN;•A•N. -By Order oY the Board of Appeals. ;Ch ]rman. BY M0OBAD1tAN'.AN, r� TO+ N n. fI�E6 ++ Nptfea vis ereby. gie,¢ that'the Board *6"CE � Appa5ls' Will give, a hearing at that' 3Wer 1. 1f{6A 'Town Butlding, Nnrtk' hereb': on yy �34tMhvat, given that the Board.. evda3 lV0 mbeh.. t or APPMheart a will give, `'SO' -at8 o'cloc I .hearing at the' r, r:�fb an Tow n the appea Town Building,NOrth - 'ectad in the, appeal Andover, on Mbpdalt Mate Ot C6rneliu8 J, M$honey by t evening, November, Sradria 8. O'Srl Attorne at qugetl� y aru9 gge¢t re. yi00 2052, at 8 o'cloc ; variat ba oY the'tonin Ord1n- toall parties in Be spas to IRMIt`dhs manhracture din est ed In the aD e$le'of stye@ts,IRM he promises, located at of Estate fnebua Jr. Mahoney bg1 461 over Street,North Andover, Mase. Fredric S. 'Brl Attorney aad Agent r>= By Order Of khe Board oP Agpeals, questing a a tion-of the Zoning Ordin. OREGORY MOORADBAN:AN, an so as to it the manufacture ail : CAafrman; Bale of awe@ta;. the premises, located at 451 Andove¢ St et, North Andover, Mass, - BY ,"t of the Board of Appeal&;. GR GORY MOORADRAN.AN, :Cfi man. -.if808!(8C 1 November 1, 19591 Notice to herbpyy TO OVER given that the Board LS of ADpeais will give .` 'NOTICB. s. hearing at kh& Novembet 1, 105$ - Town Bu ldmg, N Notice ie. herabqq Andover, On Monday. given that the BoarQ evening, November. w 'e,of Appeals will give{ IU,I954,.at80'otoait. a hearing at the W all parties tater- Town Building, Nord(. ad� •ested dart appeal Andover, on Wanday dF ric- . .df Ca;aeibra•J' -3fahesey hR evening, Novemb a questing variatio Akin the and Zoning gert tee" Y.. 10,1952,at 8 o•cloch�`'{ t questing s varFation oY Lhe nufact Or and to all.parties inter? nbe l4O''6a to-I*Wt the manufacture and r ested in the aPPeaf sale of sweats, on the premisgqs, located at tit Estate,•al COanel/us J. Mahoney by 451 Andover Street, North Andover, Masa. Fredric S. O'Brien{ Attorney and Agent re- By Order of the Board of Appppeeal. questing a variationof the Zoning Ordin- GREGORY MOORADISAN•:AN, 'ante so as to perit the ma°ufacture, and Chairman, sate of sweetp, on the premises, located at� 451 Andover Street, North Andover, Masa. Hy OII'�der of the BBgqaard of Appeals. gREt�ORY MObRAD%AN+,AN. Obalrfian. 3Y 1 t o. t 40 F- APnIL9rR „y� yi4S....•F+� s ACHU`� t'r y*>1rrr TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice:—This application must be typewritten; filed in duplicate; and accompanied by a plan of the affected premises, a copy of the refusal by the Building Inspector or other authority. APPLICATION FOR VARIATION FROM THE REQUIREMENTS OF THE ZONING ORDINANC :stag of c�o Fredric S. O'Brien Applicant: Corneiila t.% i,zhoney Address. 509 Bay State Bldg. Law ence TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements of Section_ 2 Paragraph 2 of the Zoning Ordinance. Premises affected are situated on the North South X East West . side of Turnpike Street; at he corner of Anr1nve7- _ Street and known as NUMBER 451 Andover Street. Description of Existing) Building 1. Size of building: 40 feet front: 3 fi feet deep. Height•-2-1/2---stories: feet. 2. Occupancy or Use: (of each floor) oors- r - lst. floor-candy preparation, sales and residence. 3. Zoning District:O eraJ__Regi f ence 4. Date of erection- 5. Type of Construction: (check one) X]QXxx xSxx wood frame 6. Has there been a previous appeal, under zoning, on these premises: No 7. Description of proposed work or use: Buyer wishes to use premises as home f family and for the sale of sweets. The preparation of part of the Sweets will be there. 8. The principal points upon which I base my application are as follows: The propel is on tv,o main highways and is adjacent to a restaurant and a furniture salas room. I agree to pay for advertising in newspaper and incidental expenses. Estate of Cornelius Jo Mahoney • -!S''fit Signature of responsible applicant Attorney and Massachusetts agent Notices sent to: Names: Addresses: , - ., --_ , r � A/- y ' - V � - � I {r/n/' // '�1 �> � � ,.� _ = - .. i -, .r �F�� k'.. f '� ♦� , , .. / I _ l /. �;,' � �`� � � R II� i i ' I � I I i i i I i I I I VY wb' olorfV VVV0/0 J • h e t I �I }yA&44 ✓ OR40 Tyty R F. APRILYTI ,. ��} i'. 1855 .. } w rrrrry" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date - X - Petition No. Date of Hearing-Te._ - Petition of Of OWNUM- 40 AbOW %y noftft to Premises affected MNrA�lM� Referring to the above petition for a variation from the requirements of the A1C t so as to permit > IIt A ' `MAI► After a public hearing given on the above date, the Board of Appeals voted to the and hereb JELME& the Building Inspector to issue a permit to - -for the construction of the above work, based upon the following conditions: ,Md laft "0 aid t11N!' M Signed: Go aw J6 ba X* AIVIM Board of Appeals I The Board of Appeals of the Town of North Andover held a public hearing on Monday evening, November 10, 1888 at eight o'clock P.M. on the petition of Frederic S* a'Brien, acting as attorney and agent for the estate of Cornelius J. Mahoney, to obtain from the Board a var- iance from the requirements of Article II, Section 1, ofYr the Zoning By-Law of the Town with respect to a certain property owned by said estate and located at 451 Andover Street in the Town, in order to enable the estate to sell said property to a prospective buyer, Ybo, if a variance were to be granted, would remodel and change extensively the present existing E} story frame building standing on the land, sa as to utilize the second and third floors as a home for himself and his family and to operate on the first floor the non-oonforming business of making and selling candy on the premises. Members of the Board of Appeals who were pre- sent at the hearing and took part in the proceedings and in a consideration of this case were the followings Chair mark Gregory Mooradkanian, secretary of the Board, Richard Whipple, and members Henry Lund, Andrew Alvino and Peter Ritchie. The property in question is located on the northwest corner of the intersection formed by the June- tion of Andover Street with the so-callsd"'Salem Turnpike" (also known as Route 114) and is in a"Oeneral Residence Distract" which is classified by the Zoning By-Law as one where buildings may used for two family dwellings as well as for all otherpurposes for which buildings may be used in a "Single Family nistroi". The proposed use of the Petitionerts building for the purposes requested if permitted, would become a non-oonforming use with respect to the zoning district in which it is located, The Board further concluded, from the great amount of testimony given by both those in favor of the petition and by' those opposed to It, as well as from Its own observations obtained from a personal inspec- tion of the premises that the house consists of a twelve room wooden frame structure built many years ago, and is not modern in its design; that it is in a general state of disrepair; kkaixitxta and requires a consider- able outlay of money to recondition the exterior and interior and modernize it for future use as a dwelling; that the present owners would be under a financial handicap if forced to recondition it for such use;that if the property were utilized in part for this non-con- forming business, there would be ample room for parking or driving around of cars in the area fronting the house both on Andover Street and on the Turnpike;that there are already two businesses being carried on on the opposite (northeast) corner of this intersection, one a restaurant and one a furniture establishment# although they were in existence at the time the Zoning W'7.v1r By-Law bodmimm adopted by North Andover in 1948; that beginning from the point of these businesses, and going along route 1216 in the direction of Haverhill and as far as the next traffio. lights, there are scattered roadside stands and structures on both sides of the road, used for the sale of vegetables, fruits, ioe-eream and other items of food; that starting from the property of the Petitioner, however, and travelling in the oppo- site direction along Andover Street, . towards Andover for a 'considerable distance the neighborhood in residential and there are no businesses nor buildings used for busi- nosses; that abutting the Petitioner's property in the rear is a large tract of land on the Turnpike which is zoned for educational purposes and is owned and used by Merrimac College in connection with its school work; Haat beginning on the southwest corner of the interseo- tion and extending for a great distance along the Turnw pikes it ct on dleton is a large traot of landj\on w c or of age has erected some of its main college buildings and has undertaken an extensive development of the area for the establishment and growth of this college. No testimony was brought out to indicate to the Board, aside from the circumstances set forth above, that there was a great need in this neighborhood for this type of business for which a variance was being asked by the petitioner. The petitioner did believe, however, that unless such a variance was allowed it would suffer financial hardship by reason of the great expenditure required to recondition the struoturd for dwelling purposes in the future. The members of the Board after due delibera- tion of this matter were polled individually and gave their several decisions and assigned the grounds for their several votes as followas Henry Lund, Andrew Alvino and Peter Ritchie each voted to grant the petition for variance and to permit the use of said property for a nonwoonforming use, each of said members stating the following as the grounds on which their several votes were baseds That there was a need for such a business at that loca- tion; that it would be a financial hardship to the owners not to grant this petition; and that the Appeal Board had authority under the provisions of the Zoning Law and of the State Enabling Act to grant the variance. The Chairman, Gregory Nooradkanian and the Secretary, Richard Whipple each voted to deny the peti- tion for variance and each based his vote on similar grounds as follows s�# That under all the circumstances surrounding this case, the Appeal Board had no authority under the law to grant a permit for a non-oonforming use of Petitioner's prop- erty for this type of business; that financial hardship of the Petitioner would not in itself be sufficient to warrant a variance being granted; that there is no great need at this location for such a business ; and that a variance such as this mould boffin effeotjan amendment of the Zoning ByLaw of the Town and in clear violation of that law and of the Stat* Enabling Act. Wherefore, in consideration of the failure of the Petitioner to obtain a favorable concurring vote of all its members, the petition for variance it denied by the Appeal Board. Chairman: Secretarys 1 i r i i l1 - �L Io AM wWAAMMMU- OW ....Ra✓:�i _tea., ',/�/s' � �...•�w.I vi i ._.a... �...bw.f2W Grlegory Mooradkanian, Chairman Board of Appeals x Torry} of North Andover North Andover!, Massachusetts Tear 3iri We,the undersigned taxpayers and citizens of the Town of Worth Andover and residents of that part of the town known and described as�Wilsonts Corner, hereby wish to register with you our ' unqualified opposition to the allowance of a petition .filed by the estate of Cornelius J. Mahoney by Frederic S. O'Brien, attorney an4 , agent, which petition we understand requests a variation of the zoning ordinances sous to permit the manufacture and sale of svisets on the premises located at 451 Andover Street, North Andover+, Massachusetts, NA14E ADDRESS � Jj LL 1744 JA i r r (7 � ` i J Ceti u + ` aA 4 { • " j f Gregory Mooradkanian, Chairman , Board of Appeals Town of North Andover Nprth Andover, Massachusetts Dear Sir; { We, the undersigned taxpayers and citizens of the Town of North Andover and residents of that part of the town known and described as Wilsonts Corner, hereby wish to register with you our unqualified opposition to the allowance of a petition filed by the estate of Cornelius J. Mahoney by Frederic S. O'Brien, attorney an agent, which petition we understand requests a variation of the zoning ordinances so as to permit the manufacture and sale of sweets on the premises located at 451 Andover Street, North Andove , Massachusetts. I NAME ADDRESS o e2 t ..p. Id- 1 al t_ ) 3 g2 ir.,` CZ, i } ZVI i` T.turl 6 i i