HomeMy WebLinkAboutDecision - 56 CHURCH STREET 6/27/2017 (2) Town of North Andover
ZONING BOARD OF APPEALS
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Notice of Decision
Year 2017
Property at: 56-58 Church Street (Map 041.0, Parcel 040), North Andover, MA 01845
NAME: Edward G. Kollen HEARINGS): April 11,2017,May-09, 2017,
June 13,2017
ADDRESS: 56-58 Church Street (Map PETITION: 2017-01
041.0, Parcel 040), North Andover,MA
01.845
The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street,
North Andover, MA on Tuesday, June 13, 2017 at 7:30 PM upon the appeal of Edward G.
Kollen located at 56-58 Church Street(Map 041.0, Parcel 040), North Andover,MA 01845.
This is an appeal of the Building Inspector's determination that the use of the property is in
violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to
cease operating a grounds keeping business at 56-58 Church Street.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,
Assessors Office, and were published in the Eagle-Tribune, a newspaper of general circulation in
the Town of North Andover, March 28, 2017, and April 04, 2017.
The applicant has requested from the Board to make a Finding as a party aggrieved from the
Inspector of Buildings also known as the Zoning Enforcement officer Cease and Desist Order of
the Inspector of Buildings dated February 15, 2017, to Edward Kollen (the "Aggrieved Party")
operating a grounds keeping business at 56-58 Church Street known as"Kollen's Grounds
keeping", within the General Business Zone, pursuant to Section 4.131 - 4.131 General Business
District
1. The Board held a public Hearing on April 11, 2017, and heard evidence presented by the
parties.
2. The Board held a Public hearing on May 09, 2017, and heard evidence presented by the
parties, and took the following action: The Board 'issued a temporary order dated
05/12/2017 over turning the Inspector of Buildings Cease and Desist Order dated
February 15, 2017.
3. The Board held a public Hearing on June 13, 2017, and heard evidence presented by the
parties, and subsequently closed the public hearing.
4. The Board received documented exhibits from the parties numbered 1-10 as noted on the
attached list labeled exhibit A.
PETITION;2015-003 Page I of 2 `-
The Board took the following action; upon a motion by D.Paul Koch, seconded by Doug Ludgin,
the Board voted unanimously to overturn the Inspector of Buildings Cease and Desist Order
dated February 15, 2017 with respect to operating a grounds keeping business at 56-58 Church
Street known as "Kollen's Grounds keeping", within the General Business Zone. The Chairman
declared the vote unanimously approved. The following regular voting members were present:
Albert P. Manzi III, Ellen McIntyre, Doug Ludgin, D. Paul Koch Jr., and Allan Cuscia. The
following Associate member was present Alexandria Jacobs.
North Andover Zoning Board of Appeals
Albert P. Manzi III,Esq., Chairman
Ellen McIntyre
D. Paul Koch Jr.,Esq.
Allan Cuscia
Douglas Ludgin
Alexandria Jacobs,Esq.
3
Page 2 of 2
Exhibit A
1. Law of Matthew Caffrey dated May 16, 2017 containing one (1) page.
2. Town of North Andover Building Department letter dated May 03, 2017 containing two
(2) pages.
3. Law of Matthew Caffrey dated May 19, 2017 containing six (6) pages.
4. ZBA meeting minutes dated July 19, 1971 containing five (5) pages.
5. D.B.A Zoning Compliance Form containing seven (7) pages.
6. Assessors Property Record containing four (4) pages.
7. Donald Elliott letter dated April, 10, 2017 containing twelve (12) pages.
8. Law of Matthew Caffrey dated March 22, 2017 containing three (3) pages.
9. Law of Matthew Caffrey dated March 10, 2017 containing ten (10) pages.
10. Temporary Decision /Order Zoning Board of Appeals dated May 12, 2017
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