HomeMy WebLinkAboutWaiver - 271 STEVENS STREET 10/28/2016 JOHNSON& Mark B.Johnson(MA,NH,DQ
BORENSTEIN, LLC Donald F.Borenstein(MA,ME,NH)
ATTORNEYS AT LAW Lorri S. Gill(MA)
Rachel Davis Baime(MA)
12 Chestnut Street Gregory R. Richard(MA)
Andover,MA 01810-3706 Kathleen M.Heyer(MA,NH)
Tel: 978-475-4488 Thomas D. Orr(MA)
Fax: 978-475-6703
www.jbllclaw.com Of Counsel
don@jbllclaw.com Robert W. Lavoie(MA,NH)
Paralegals
Karen L. Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M. Melvin
Tina M.Wilson
Via E-mail( chase(-ppnorthandoverma.gov)
& Federal Express Overnight Delivery
October 28, 2016
North Andover Zoning Board of Appeals
ATTN: Albert P. Manzi, 111, Chairman
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
Re: Applicant: Gerald 1. Brecher
Property:' 271 Stevens Street,North Andover
Dear Chairman Manzi:
The Applicant is requesting a further continuance of the Board's hearing in this matter,
from the upcoming meeting date of November 1, 2016,to the Board's next regularly
scheduled meeting of December 13, 2016.
As you may now be aware,the property owner's, William Melvin's, mental competency
is the subject of a guardianship proceeding currently pending in the Essex Probate and
Family Court. Although the Applicant is not a party to that action, I am informed that a
trial is scheduled in that matter for November 17, 2016. Regardless of the outcome of the
Probate Court proceeding, the Applicant's interest in the property and his right to
purchase the land should not be affected. The Applicant's purchase and sale agreement
was executed by Mr. Melvin's attorney-in-fact acting under a power of attorney. I am
also informed that the Applicant did not even learn of the dispute among the Melvin
family regarding Mr. Melvin's competency until many months after the execution of his
purchase and sale agreement.
October 28, 2016
Page 2
Nevertheless, it is my understanding that an owner's authorization letter will not be
provided to the ZBA by or on behalf of Mr. Melvin, until a ruling or order is issued by
the Probate Court. Accordingly, the Applicant now requests the further continuance of
the Board's hearing on its pending Application.
I apologize for any inconvenience this may cause the Board, Town staff, or others
interested in this Application, and very much appreciate the Board's cooperation with this
request.
I have enclosed a signed and completed time waiver continuation form.
Very truly yours,
JOHNSON &BORENSTEIN, LLC
Donald norenstein
DFB/mbf
Cc: Gerald I. Brecher, via e-mail
William Talis, Esq., via e-mail
Lisa Cukier, Esq., via e-mail
Richard Byers, Esq., via e-mail
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS
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Date: October 27, 2016
Town of North Andover
Zoning Board of,Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints* for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance
Special Permit
Comprehensive Permit (40B)
Finding
For property located at:
STREET: 271 Stevens Street
MAP: 95 PARCEL: 8
TOWN: North Andover, MA 01845
from November 1, 2016
TO MEETING DATE(S) December 13, 2016
NAME OF PETITIONER: Gerald Brecher
The Applicant hereby agrees to extend the deadline by which the Board must act
on the Applicant's variance petition under Mass.Gen.Laws c. 40A, s. 15, from 100
days to 190 days.
1-7
SIGNED:
Petitioner (or'petitioner's representative): Gerald Brecher by his attorney,
Donald F. Borenstein, Esq.
1600 Osgood Street,Building 20-Suite 2035,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-
www.townofnorthandover.com