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HomeMy WebLinkAboutMiscellaneous - 93 BRADFORD STREET Town of North Andover Town aerk Time Stamp Office of the Zoning Board of Appeals * Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 .,, C= c . rel Any appeal shall be filed within Notice of Decision a (20)days after the date of filing Year 2005 rq t_3 of this notice in the office of the ; Town Clerk,per Mass. Gen.L.ch. 40A, §17 at: 93(or 0)Bradford Street(Map 61,Parcel 2), NAME: Stephen J.Sarcia,215 Ellis Road,North HEARING(S): November 8&December Attleboro,MA 02760 13,2005 ADDRESS: 93(or 0)Bradford Street(Map 61, PETITION: 2005-032 Parcel 2), North Andover,MA 01845 TYPING DATE: December 27,2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 13,2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Stephen J.Sarcia,215 Ellis Road,North Attleboro,MA 02760,for premises at:93(or 0)Bradford Street(Map 61, Parcel 2),North Andover. The hearing began during the November 8,2005 meeting by reading the legal notice requesting a Finding by the Zoning Board of Appeals that the parcel is a buildable lot pursuant to Section 7,Paragraph 7.8 of the Zoning Bylaw. The Board voted to deny the application for the Finding on November 8,2005 and began the hearing for the Variance. The Board voted to continue the Variance application to the December 13,2005 meeting on the dimensional Variance from Section 7,Paragraphs 7.1,7.1.2,7.2,7.3,and Table 2 of the Zoning Bylaw for relief of lot area,lot width, street frontage,and front, side,and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's lists deemed by the Assessor's Offices of North Andover and Boxford to be affected,and were published in the Eagle-Tribune,a newspaper of general circulation in the Towns of North Andover and Boxford,on October 24&31,2005. The fallowing voting members were present during the November 8 and December 13,2005 hearings: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R.Webster,as were the following non-voting members: Thomas D.Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Richard J.Byers made the motion to grant dimensional Variance from Section 7,Paragraph 7.1 for relief of 36,160 sq.ft. from the R-2 requirement of 43,560 sq.ft.of area,Paragraph 7.1.2 for relief of 10'from the required 100'for lot width, Paragraph 7.2 for relief of 50'from the R-2 requirement of 150'of street frontage,and Paragraph 7.3 for relief of 5'for the front setback,for relief of 18'for the left side setback,and relief of 17'for the right side setback from the R-2 requirements of 30'setbacks from front,side,and rear lot lines,and Table 2 of the Zoning Bylaw in order to construct a single family dwelling. Albert P.Manzi,in,seconded the motion. Voting in favor: Albert P.Manzi,III. Voting for denial: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers,and David R-Webster. The Board finds that the 7,400 sq.ft.lot is less than 1/5 the Residential 2 required lot area. The Board finds that the abutters have expressed opposition in letters, petitions,and spoken testimony at both public hearings. The Board fords that the Variance petition did not achieve the required four(4)granting votes,and the petition is DENIED. Town of North Andover Board of Appeals, V ' Ellen P.McIntyre,Chair Decision2005-032 Variance. M61P2. Board of Appeals 978-688-9541 Building 978.688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Oct 03 05 10: 16a NORTH RNDOVER 9786889542 P. 2 M rM ►p.: ``wf ``• S RECEIVED TOWN CLERKS OFFICE TOWN OF NORTH ANDOVER VARIANAE I PM 2= 42 ZONING BOARD OF APPEALS TO rN OF NAME: Stephen J. Sarcia Nt1RTH ANDOVER ADDRESS OF APPEAL: 93 (or 0) Bradford Stteet MASSACHUSETTS Town Clerk Time Stamp Procedure & Requirements ' for an Application fora Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined I NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HEARING BEFORE THE ZONING Commissioner. BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of a Board of Appeals any appearance without due cause on behalf of the for a Variance. All information as required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Cleric's the Essex County, North Registry of Deeds, 381 Office tckbe certified by the Town Cleric with the time Common St., Lawrence MA,and shall complete the fifirlg. The original will be MR et the Town e � Certification of Recording form and forward it to the and the 1 o Xerox will be IeR d Zoning Boad,,411 is and to the Building Ing Board of Appeals sept iq Iiµ... peP � hri i.. .w..ww.•ww.•........w..•.....w..wwr...wrw..iu+wu.u.uwuuiw..w.•...w.w.+.w.w.�M"••'•"""�M� •"•�•• IMPORTANT PHONE NUMBERS: PAGE 1 of 4 978-688-9533 Office of Community Dev. &Services 27 Charles Street, North Andover,MA North Andover Town Hall 01845 120 Main Street 978-688-9542 fax for Community Development offices (Temporary Town Hall—400 Osgood Street) 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-68&9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office Oct 03 05 10: 16a NORTH RNDO(IER 9786889542 PAGE 2 4F 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for11 a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Stephen J. Sarcia, 215 Ellis Road, North At Massachusetts 02760 ` 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Stephen J. Sarcia215 Ellis Road North Attleboro, Massachusetts 02760 617-594-8283 Years Owned Land: since January 28 200'5 3. Location of Property: a. Street: 93 (or 0) Bradford Street Zoning District: R-2 b. Assessors: Map number: 61 Lot Number: 2 c. Registry of Deeds: Book Number: 9112 _Page Number: 117 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1 7.1.2, 7.2, 7.3 and Table 2 `Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Lot area, Sot width, Street frontage, Front, Side and Rear Yard Setbacks The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Hoard Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited W the request by the applicant and vAll not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A-36160 N/A N/A % -50 0 -5 -18 - _17 _ 0 B. % Oct 03 05 10: 16a NORTH ANDOVER 9786889542 p. 4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 N/A NIA N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7, 20 N/A N/A 100 2 25 12 13 +30 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43_560 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units" N/A "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units""` 1120 2 21' 7" 2,240 One family dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. ""State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with t pplication_ The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the pp cant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failuret co ply wit pplication requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal b t Zoning and of this application as incomplete. Signature: JCA 1&%6 Type above name(s) here: Peter S. Brooks Oct 03 05 10: 16a NORTH ANDOVER 9786889542 p. 5 PAGE 40F4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a i) size of plan: Ten (10)paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17",preferred scale of 1"=40- detail all facts relied upon. When requesting a Variance 111)One(1)Mylar. from the requirements of MGLA ch.40A,Sec. 10.4 and IIn Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F, are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or 1) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300'radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions n)Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant,owner or record,and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance_ F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: 'Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841'for the cost of first class,certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new constructioniconversion/and/or a (currently 37¢)xthe#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.13. Mailing labels:Applicant shall provide four(4) Major projects are those,which involve one of the sets of mailing labels no larger than 1"x2-5t8'(3 copies following whether existing or proposed: for the Legal,and one copy for the Decision mailing). 1)five(5)or more parking spaces, R)three(3)or more dwelling units, 11.C. See 2005 Revised Fee Schedule. EM 2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require,that in addition to the 10B& 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities, soils, be submitted.4 and topographic information. Stephen Sarcia 21.5 Ellis Road Attleboro,MA 02760 October 6,2005 To Whom It May Concern: Town of North Andover North Andover,MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane,Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours Jk—Z—L 17'e'L Stephen Sarcia B01 15740998.1/878134)00002 Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGt.40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppostson any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable . tax list,not withstanding that the land of any such owner is located in another city or tam,the planning board of the city or tam,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 35 8 1211 Osgood Street 61 Brentwood Circle North Andover,MA 01845 Abutters Properties MAP PARCEL Name Address 34 12 Dorothea Barker 1267 Osgood Street North Andover,MA 01845 34 49 Forgetta Development LLC 1049 Turnpike Street North Andover,MA 01845 35 2 David Yue PO Box 457 North Andover,MA 01845 35 10 David Yue Trustee 1250 Osgood Street North Andover,MA 01845 35 56 Norman Wheaton 30 Old Farm Road North Andover,MA 01845 35 71 Richard Wolinski 23 Old Farm Road North Andover,MA 01845 35 96 Christopher Maher 7 French Farm Road North Andover,MA 01845 35 97 Paul Aceto 11 Old Farm Road North Andover,MA 01845 35 105 Steven McManus 87 Barker Road North Andover,MA 01845 35 106 Frank Alfieri 75 Barker Road North Andover,MA 01845 35 107 Mark Bailey 63 Barker Street North Andover,MA 01845 page 1 of 1 This certifies that the names appearing on the records of the Assessors�Office as of Certifi d by: _Date ABUTTERS LISTING 5t BOXFORD, MA 01 01 15 DALY STEVEN M TE ANNE G DALY 162 BRADFORD ST NO ANDOVER MA' 01 01 16 SOUSA JAY A TE SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 140 BRADFORD ST NO ANDOVER MA 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA Parcel Count: 6 CER' 10/06/05 1:15:44PM TOWN OF NORTH ANDOVER Office of the.Building Department Community Devdopmart sand Services 400 Osgood stred North Ammar,Massadwsctta MUSS ,4" ,. • • MCNIel McGuire. (9n)688-9545 Jnrerim FAX(974)699,9542 13�+i1dixd C.�mm�sinner SepttamW 12,2005 GT%CUL4aa 15 Carrie Ave. Mcdmcz.MA 01844 RE: 0 Bradford Street Dear Mr.Carlson. Plewe be advised tat ager findwr t+et+w by the Town ofNodh Andover 190 council it bias been detertnioed that the above tefimced hot is not a buildble ICL Attached wide this leder i6 a copy of the tettw do dds dgwtM=A bas received from 210 town attorney W mprds to your pared of hand. in doamg it w81 be n quukW that a vwiance for lot area will be needed f m the Toning Board of Appeals in cruet to casfturx on,this site. Should you bave any 5udier gaestioas 1=Y be reached at 978-688-4545 bdwm the trouts of 8:30 to 10:00 AM and 1:00 m 2:00 PM Monday*vuo Friday. "A/�&� (J� 4 .,# Michael Mdiuira URBEUS&FIEl ASTEEL,UP 155 FEDERAL STREET Bosroly, Mw ssAcRusms 02110-1727 Telepbm 617-338-2200 Andover J.UIWILM Telephone 978-475.4552 e-mail dufoluf-law.com TC1CcapiEc 617-33$-0122 August 24,2005 RECEIVED AUG 2 5 2005 Raymond T. Santilli Assiswt Town Manager BUILDWO DEPT. 120 Main Street North Andover,MA 41845 RE: 0 BRADFORD STREET Dear Ray: As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above-referenced lot, which is in an R-2 zoning district and contains 7,400 square feet,is a buildable lot. The current odnimum lot size.in that district is 43,560 square feet. On April 26, 2005, we WOW to Heidi Griffin and expressed the view, based upon the i u`ocuaatior. -,ad toatecials submitted. b Ms. Griffin to us at that time, that Section '1.8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable let. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held in separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to say lot that was duly,recorded by deed Prior to January 9, 1957, provided that it*has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received addWoug info-. speCificaily, a Copy of an Assessors' record card which contained mferenee to structures on the lot reft'ed to as a "camp" and a"garage",with the notation that they had burned on Novembar 2, 1969. We have been unable to ascertain from the information provided to us waren these structures were built, but this opinion is based upon the assumption that the buildiugs were,on the lot prior to 1942, when the fust zoning bylaw.was criacted. If that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings an this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable.. While the fourth paragraph of G.L.Chapter 40A, Section 6,and Section 7.8 of the Bylaw apply to vacant non-conforming lots,.the reconstruction of a dwelling'on a nonconforming lot is URBELIS&FIBLDSTEEL,LLP August 24,2005 Page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first,paragraph of G.L.Chapter 40A,Section 6 provides in relevant part,that: Except as her=fter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or law&My begun, or to a buildimg or special permit issued before the &st publication of notice of the public hearing on such ordinance or by-law required by section five, but shall ply any reconstruction, mdension or s change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where c to a e or two-family alteration,reconstruction, extension or s� age �ature of said resideartial structure does not increase the aonconfonning structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw,which provides: 9.4 Building after Catastrophe Avy nonconforming building.or structure destroyed or damaged by fire, flood, _ lightning, earthquake or wind to the extent of sixty-fiive pmt(65°/v)or more of Its reproduction cost at the time of such damage shalt not be rebuilt, re reconstructed nor altered except for a purpose permitted in that zoning district M which such building is tocated,or except as may be permitted by a Special Permit or otherwise by the Board of Appeals S under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nag structure and reflects the desirability of eliminating noacottfononitiea recognized in Chapter 40A and applicable casco, ��. as an objective which acknowledge "`...the eveatuat elimination of nonconforming underlying zoning regulations.,,, Dial Awa v Co v �omna.Board of Avaeals of Aubut�41 Mass. App. Ct. 165, 170 (1996). See a28 Mass. lso Dowlin¢V. Board of Wear of 3C�m�. 694 697 App, Ct. 547, 551 (1990) and Stram-19-v Buxldsaa In ector .. —� (1970). Both G.L. Chapter,40A,Section 6 and Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and acre applicable to the present situ8U= , GJ- Chapter 40A,Section 6,Paragraph 4 provides: URBELIS&FIELDSTEEL,LLP August 24, 2005 Pagc 3 "A, zoning ordinance or by-law may define and regulate nonconforrning uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the North Andover Zoning By-law addresses the issue of abandonment as follows: 9.5 Abandonment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two years or more,.At shall thereafter continue to conform.... 1n the present sitaatiM the dwelling on*is lot was apparently destroyed by fire in 1969. Both Section 9A and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is conuste t with the bolding of the Massachusetts,Appeals Court in the case of Dial Away Co Inc vs Zoning Boatel of Ammeala of Auburn, cited above, which considered the question whether an wideriked lot remained a buildable lot twenty-thm years after the demolition of a nonconfvnonuag dwelling. The Appeals Court held that under the local by-law, the buildings were"abandoned".at the time of their demoUtiom and trat, therefore, they. lost their"grandfathered"states two years later. In so holding,the Court held that"...it would bd anomalous indeed to construe [the Auburn by-lawl to allow in perpetuity the rebuilding and demolition of dwclFtngs on the plaiDWs wxkrsized lot because of the happenstance that in 1944 a house was built that conformed to the then existing by-law." Dial Away Co., Inc., u.S a at 170. Nothing. in the recently decided case of Bransford v Zoning Board of Amoeals of (August 12,2005)would appear to alter this conclusion. Therefore, out further analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a"grandfattwee lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. Very truly yours, Thomas J ibelis TJUAkmp ' cc: Mark Rees Michael McGuire Nov 01 05 11 : 43a NORTH ANDOVER 9786889542 p. 1 Totem of North Andover Office of the Zoning Board of Appeals Community Development and Services Division « 4 �._ • 100 Osgood Street North Andover,Massachusetts 01845 Gerald A. Brown Telephone (978)698-9541 inspector of BuiEdings Fax (978)688-9542 FAX TRANSMISSION r I 'I TO: Or4elt C VC/ �1,� FAX NUMBER: — �r;qj C/ y � FROM: Town of North Andover - Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: rbler'- DATE: SUBJECT: �_1t�Y t d'1s1 - C c:) REMARKS: i:r') C) "rl Ln Board of Appals 978-G88-9541 Bui:&ig 978-688-9545 Conservation 978.688-9530 Health 978-688-9540 Ylirnuup 97S-688-9535 Nov 01 05 11 : 43a NORTH RNDOVER 9786889542 p. 2 November 1, 2005 From: The abutters of Plan 61 Lot 2 (also variously 93 or 0 Bradford Street) To: Members of the North Andover Zoning Board of Appeals Documents for the November 8 meeting Page 1 Petition signed by abutters protesting lot being designated "buildable". Page 2 Letter stating views of Mr. and Mrs. Heinze, who cannot attend. Page 3 and 4 description of official documents which follow. Documents are presented by paragraph: 1. Pages 5-11 2. Page 12 3. Pages 13-14 4. Page 15 5. Page 16 6. Pages 17-19 C:Nov 1 olddell Lvov - 5 � 'ZOO BOARD OF APPEALS Nov 01 05 11 : 43a NORTH RNDOVER 9786889542 P. 3 I-rom: I lie undersiLmed. All abutters of"0 Bradford `itrceC. Fo: Iloard of SCICC lt1C11 1lz►rk Iter,_ rown Manager h,i• Saiztilli. :\ssitant lu�an 14tana��c:r Tum t'rbelis_ l'O%%n Counsel Michael \,lc(iuire. Building inspector 1.111culn Daley. Town Planner 1\r ,ire 1011111% .ubmitting the attached documents. hL ati. tijr firl that the tu%%n s iuninz hrkicc,< 11CIN nut been proper1% li)Uowcd or enliwced. We believe the lot is not "buildable' 3.S ducumcnted in the package of material attached_ We request that the lot he desi_nated as ..nut buildable'" in accordance witli the to%Nn's zoning lav%s. IX yr _ 4K k�y 4 c��;v,C ' '/L�•9�:.. f LL!' � _yt'' ��;, t...�.:� ..:.; , {' rev-�+.� ��c rS�2T t,•.=, rpt i.ruZ/c ( � �I r C. _j v ...i 7- X�s� 1=elt x C Lciy�C14 V �y A Of NOV I - 2005 ..• D OF �. BOAR APPEALS � t Nov 01 05 11 : 44a (NORTH ANDOVER 9786889542 p, 4 140 Bradford St N. Andover, Ma 01845 October 28, 2005 To North Andover board of Appeals Rei Public hearing on Tuesday the a of November 20()5 at 7:)0 PM Since I wilt be out of tojvn for weeks beginning on this date,having made plans and purcliaszd non-refundable airfare in September, it would be a great hardship for me to attend this hearing. This subject is of particular concern to me. I therefore thank the board for allowing me to express my opinion at this time. l am highly concerned that the Board of Appeals would approve all the variances necessary to allow construction of a single family dwelling on this Ston-Conforming fot_ This would not be a good thing for the neighborhood nor for the town of North Andovcr. I Ihati a lit cd Dere since 1971. f began walking in the area,during my lunch period at AT&T, several i,ears prior to that,before most of the homes on the street were built. In tact, at that time theretcas still a barn on the property where my house is located today. There teas also a farmhouse and other outbuildings on the current location of the home at 1=8 Bradford St. AIso, across the street,on the property in question, was another abandoned building. This btulding was apparently torched at some time before I moved in. This must have been great sport around that time,as a house in construction on the property I purchased was also torched. I liked the area so much that I purchased the burned out cellar anyway and had my house built on it. I am sorry if l have rambled on too long. I did this to establish the fact that there Novas indeed a house on the lot in question at one time. It burned and%vas not rebuilt. This lot has been in question for a long tune_ it is a eery small lot, not in keeping with the neighborhood(I acre requirement)and almost as small as the smallest building requirements of the to«n_ A tiny house crowded into that%ery small tot would be out of character with the neighborhood and would certainly not enhance the value of other hom,�s on the street. I feel that the tiA Board of appeals crust find that 93(or 0)Bradford St is IUT a buridabie lot. shank you for hearing my arguments, RY119 W. Ileinze c' - Catherine wt- I-leinze l � N O V 1 — 2005 !_if Page 2 RrleDr)nC A00Cn1 0 Nov 01 05 11 : 44a NORTH ANDOVER 9786889542 p. 5 November 1,2005 To: Zoning Board of Appeals, Town of North Andover From: Abutters of Assessor's Plan 61 Lot ) Subject: Bradford Street Lot Review of Documents and Decision Process We are making the case that the opinion that this Bradford Street location is a"buildable lot"is incorrect based on the documents that are currently available in the files. The Town lost all the file documents in a flood about 10 years ago and,as a result, when this lot was listed for sale in early fall 2004 there was no history available to the Building Commissioner. The documents below are reviewed in chronological order. Mr. Hansen had all the records going back to 1978 which were offered to,but overlooked, by Mr. Nicetta while he was still employed by the Town. We have shown below that Mr. Nicetta rendered his opinion based solely on information provided by the developer's attorney. 1. December 16, 2004 letter from the developer's attorney,purporting to be a history of"all"transactions from 1942 to the present. Two transactions with a real estate speculator were left out. A sale—nullifying the family's "common" ownership—and a buy back by the family when required variances were not granted to the developer(partly because the Board of Health objected to the undeclared "change of ownership") These appear to void the grandfather clause being invoked by the parties involved. 2. February 4, 2005 letter from Mr.Nicetta to developer(Sarcia)stating lot is, in his opinion "buildable". Only information Mr. Nicetta had in his possession when he arrived at this "opinion"were the December 16,2004 inaccurate letter from the developer. THIS SINGLE LETTER ISSUED BY MR. NICETTA, WHICH WAS NOT RESEARCHED AND CONTAINS NO CONDITIONS, WOULD APPEAR TO SET THE PRECEDENT OF MAKING EVERY NON- CONFORMING LOT IN NORTH ANDOVER WITH DIMENSIONS GREATER THAN 5000 SQUARE FEET "BUILDABLE'. 3. Two copies of records about Plan 61 Lot 2 from the assessor's office; one showing a picture of the house and garage,the second shows data and a floor plan. Both are notated that the structure burned down on 11/2/1969. 4. May 13 letter from Town Counsel Urbelis, who has finally been given the historical documents, showing the actual speculative history of the lot. As indicated before, Mr. Nicetta never had any of this information, because he turned down all the efforts to have it provided to him. Town Counsel Urbelis asks the developer's attorney to "review the enclosed and address as to whether or not (and whv)-your conclusion that the `subiect locus may be considered a buildable lot' is changed particularly with regard to "abandonment' as well as to loss of grandfathering exemption". Page 3 Nov 01 05 11 : 44a NORTH RNDOVER 9786889542 p. 6 5. May 25 letter from developer's attorney which acknowledges the trade to and from a speculator but comments that "I do not believe that the transfer makes a difference''. Since when do we allow developers to interpret our zoning regulations? 6. Town Counsel Urbelis letter to Assistant Town Manager Ray Santilli stating"lot is not `grandfathered"'. C:N ov l floppyk:correspondance Page 4 Nov 01 05 11 : 44a NORTH RNDOVER 9786889542 p. 7 DEC-21-2W4 TUE 12:42 Pf! FAX Na P. 03/06 Dee 18 04 02s26p Charles Hereat 3v- JAW OFF=OV v-JAWOFF=OV VMCKM Z. 44 M%= I m ASIIOMM i8►belle wyy 47i-1618 ►M:iMii(l7�i710-itis M:fm S.Ltmm"p,=I& 1LRt0�T.DOaWw MAMM as:MG=k=Ilk. MW K."WM hTri(♦Ballet Deaerabet 16,2004 To Whacu it IUW au,m-c Rc 93 Bradford Samek Garth A.Ukyw,MA T2m will C=tdry that I haat cnnomed the deeds to the above-refermced prgmv as wrA as w the abutila6 pngmtres sad fiord that the three prcpecties wens awt held in conucon ownership, Asscssot%Pa=el m- 21WM61 A-0002-Ob00A Titk was--,,mired tram Alert Aaronian to Aiioe Kedershiml by virtu of a deed dated April 13, 1940.zmwm&a with F.sstu N r&DEsbict Oext3a io Book 630.PIRM 314. The subject lodes in parc d thr=in lbc flood. Affim Kcdmd=n m bw quen*the=&rtsd the property to Kwhadoor Ku&rlhiaa by deed daeed Nevvembw 1. 1940,recorded with said iteg stry in BaoY Paw Keehedoor Ku&wsbioa bandmed.the Iwap sty,to MmVp Kedwshiia by i,*Uw of a deed dated April 7. 1942.recnrdo I is Hook 644.PAW SSR Hagop-.cdctahum era wkrmd the property to Start Ebmbetb Kadislrum by deed dowel August 14. 1973.r wded in Hook 1229, Pa`s 87. Marr Etuabc*Xadmbmm usnakrred the property,to Bichat((A. Panelist and Mugavet J.Parclisi by dried dated January, 17. 1477, by deed recorded at Book 1301.PsW 471. 'O'd Zs:tt 7641 a uo tftto[tiot6'21a1 PJIgM7 r••4396 «►r Page� z 'd 1292-rFE-til46 ato�oa Quan of r • r r �.. .�.* Nov 01 05 11 : 44a NORTH ANDOVER 9786889542 p. 8 DEC-21-2004 IE 12:42 Al FAX II(1. P. 09!06 Lire 18 04 02.29r Charles Ser-:+at 3r 6Q99717360 P.3 lbcamd A.PW4smi aad Mwpn t J.PUDIM LLE pcope tty to UM7 E- Kadc�tistt byr aio.of a deed dated i4ft;j/ I% L978.zwwded wi&said 24abY it7 Boole Macy Eb=belb VAdiehim trued the j- to Haag Xwfishian by deed dated Oember 6,3962.r+eoocde14 iR 8001271b,ftP L7. Harry KWUMIioac trwaft ind the papetty m thectwwx ewnm,Mrano Jaen Kwfiiabizkn and ChuY.Atter Weaa by deed dated Docar bw 17. 1990,romdad with said Registry in IMok 2116.Pa/a 12 NJ-d cs:IL plot etjadBt�S6[•pCi:rej o«q�l ts�ya�� e�ir Page 6 e•d lasa-vee-10b W10jQS aua0 6i1 %11 V0 22 map Nov 01 05 11 : 44a NORTH RNDOVER 9786889542 p. 9 aK-21-2004 7,% 12:42 ?M FAX W P. 04i06 Dec 18 04 02:29* Charles Bernet Jr 6059717380 P-3 Riichmrd A-Paralvi ansa 1laspzct.J.PWOEMi tranVfi=td*C PMP=tf W UWY E. K�d9hian by siresve t deal al-tad Wtr 1% 1978,reawded with saidRgfmby is Book Mur damed Octabm 6 1951 =cwded in Book M6,Page L2- Haurtl Kadssivaa csnouknvd the pmpeM to the cmrear owners,Francis Jstacs Kadmd3faa end Cbmfry Assn Detmn bgdeed daftd Doombes 17,I990,seooaded wah said BegprtcS►in Hod[2716.Page 12 640 ealLid t The following four pages show copies of two deeds (first two pages) *%-hich were omitted from the list of transactions assembled by the current prospective developer's lawyer. These involved a Prior sale to a developer who intended to construct a "spec" house on the lot. The third following page shows the North Andover Board of Health rejected the variance application due to "the change of ownership". The fourth following page is a copy of an affidavit (one of two filed) showing a prospective owners discussion of the proposed dwelling. W-d LS!#L Vaot [L »d pi"vol 1aey31p A;LV Page 7 Eelores euau a;T =11 tin 22 Dalt Nov 01 05 11 : 45a NORTH ANDOVER 9786889542 P. 10 Roper Hoses Co-. Inc, a corporation organised under the law of the Coaaonwealth of. Hacsachusetts . having a usual place of business at ak Andover. Essex C,nnntl• Alass�cbtrtetts bong UnMarritd for eonsidtTation paid• grate to the ANDOVER SAVINGS BANK. a rorroration dull estAGsbed by the laws of the Glia ttounweatth 01 Alasocht"eus aorl looted at Assdever, in the t mmtl ' of Esex. in said C,nuunonweilth• with ttiORTGAGE COVENANTS. to sonsre the paYntcnt of Thirty Six Thousand Seven l8atdred ($36.700.00) Donau •� in one ycm4witb inteten payable as provided in a now of assess data Tk Land+rich the biukl rs therviiiM dmxmted 3n l4orth mdovnr, Munty .,f Essex and the - fat�otsttealth of Hassechusetts, and described as follows: Uginning at a stone bound on the Westerly side of Bradford Strrxt te•. sstA Borth Andover, about opposite the reaid-•nce of the late- Mat.haniel Cakr: chcuae ^4 -_Umin scutherly one hundred (100) feet to the land formerly of the said ' R&thsnial, gage; then turning at an angle of ninety (90) degrees forty three (43) mitnttem and running south 65 degrees IJ., 746 feet 3ltebonE, 19 5/10 d; and cfeetrning a.f. u as amee of 33 degrees and 67 mittutes and rump-Ingdegrees ;;o . to tba. point firat mentioned. ;� gaRta parcel of land contains 7600 square feet, more or less- $ql the same preedses conveyed to Roper Domes Co.. Inc-by deed of Mary E_ Kadishlan X. r � p*��+eoprded herewith. = t: CU=see deed of RIcberd A. and Margaret J_ Parolisi recorded with Essex Korth t gagistra of Deeds at Book 1338, Page 139, dated Nay 12, 1978_ T. Yr 0'- ; -t`"- t_„aa/Vie•' + f �e%{ r c� � _ 7NT�'�- a -��~•.li 4"rtJ.:.t •�r-Y� • r 1+: wr 41 Page 8 _ _ . . y=fir c'. .', 3c�[S .:'s+ac G' "..'. Nov 01 05 11 : 45a NORTH RNDOVER 9786889542 p. 11 .6 Roper Homes Co. Inc. a corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 31 North Main Street- Andover, Essex County, A-lassachusetts, for consideration paid, grants to EIGHT TIiOUSAND ($8,000,00) Marl= E. Kadishian of 90 Haverhill Street, Methuen, Essex County, MA with Wildstm Muf2gullits the land in North Andover, Essex County, Massachusetts and described as follows: {Dem;ption and eneumbrnnees, if any) Beginning at a stone bound on the westerly side of Bradford Street in said North Andover, about opposite the residence .of the late Nathaniel Gage; thence running southerly one hundred (100) feet to land formerly of said Nathaniel Gage; then turning at an angle of 90 degrees forty-three (43) minutes and running south 65 degrees West, 148 feet to a stone bound; and thence turning at an angle of 33 degrees East .79 5/'•0 feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being A the same premises conveyed to me by deed from Mary E. Kadishian, dated ti September '6, '1978 and recorded at the Essex North Registry of Deeds at Book '1350, Page 195• CG;. .. ^:V, tR.�,. .. . .ttt ,!'JTip In nift ess —Wq 'rrraf, the said Roper Homes Co. , Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged end delivered in its name and behalf by Richard D. Roper its President - Te") hereto duly authorized. this 30th clay of November in the year one thousand nine hundred and severity nine Stgricd ant scaled in Presence jPale9 ......................................................... ..... .................... Nov 01 05 11 : 46a NORTH ANDOVER 9786889542 P, 1 Torn of North Andover of A TFt 1y Office of the Zoning Board of Appeals �p Community Development and Services Division 4,00 Osgood Strut 'fit M�ro r�'q9 North Andover, Massachusetts 0184.E SsiCHusE` Gerald A. Brown Teleplionc (978)688-9541 Inspector of Buildings Fax (978)688-9542 FAX TRANSMISSION r l J TO: � . �� , � c C Ve> FAX NUMBER: L1 S cS FROM: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: ` ✓05 DATE.- SUBJECT: ATE:SUBJECT: REMARKS: cws c� C4 — tea -17 :7 Cn r v'x Soare..of Appeals 978-688-9541 Builduig 978-688-9545 Coosenation 978-688-9536 Health 978-688-9540 Planning 97S-688-9535 Nov 01 05 11 : 46a NORTH ANDOVER 9786889542 P- 2 Regular Meeting September lo, 1979 Called ,.o order at 6:30 P.M. All members present. Minutes of preci.as meet] Wrtpted. Ct>`rrent bills signed. 1�M VARIANCE REMST: Bearing was held for a variance request on Lot 2 Bradford S Tor �3oenea Inc. Abutters were prestat and their tstered engius ' ~`4 Dana Perkins Corporation. He felt that the Board sbui ld not act on this variex anc z'.il the proper tests and data Were submitte cL He specifically mentioned the letter r1ce►ived from the State Eggineers wherein t.her stated the variance request was in C*&W but additonal test pits should be deuce first. y, + plans and test data on file with the Hoard were the ones presented bywhoKadish '=s former awner of the lot wsold the lot to Roper Bows only a few days "U tics for a variance was to be heard in 1978. This variance was denieddes before he "`• Scanlon felt that because of the change of ownership and because oft da -a , new tests and na by the of boa Previous plans and tests plans should be presented before this kL"'d could consider a variance. Mr. Murphy stated that the now deep Vater test pits '=fid not be dome until the spring of 1980. Mr. Scanlon made a `motion, seconded by �'. Kay, not to grant this variance until near data was submitted. Hansen, an abutter, requested that a representative of the abutters be .notified the ne v testing dates when arranged Eby the owner- so that they could have their W-Fineer present. ?4r. Scanlon said he Mould see that they vers notified Shen neer - '-oats were scheduled, and he state that,so far as the Board was concerned, it would $+ Perndssable .for their engUseer to be present along %i.th the Board's inspector and t`.e ovx*rla engineer. '=. Honer the Present osmQx of the Iot, did not appear at the hearing. 'When he cried an hour after the hearing van scheduled, he was informed of the vote of the hoard. 71i7M LAWRENCE SANITARY DISTRICT MSPOSAL SITE: Greater Lawrence Sanitary District 'neer, Erie Teittinm, presented Board With State approved plans for a landfill sit �► the grounds of the Sanitary District, Charles St., in wbi.cht they Planned to deposit .be sludge in the ground to provote revegetation and restabilization in the area. It Is to be an experimental procedure to improve surrounding land. After a lengthy 'iacussion a motion was made by .int•.Osr+on, acrid seconded by Ilr. fay. to declare the rite as a land fill site on a temporary basis. Made unanimous by Mr. Scanlon. 10tices to be sera to State and published in local paper. ZTYU PERMIT 503 DALE ST: Letter was received from law firm of 'sale and Dorr :'mr'esenti.ng Michael and Stephen Smolak, requesting: goad to issue a cease and '"fist order to tars. Sandra Kulpinski who is stabl.ins- horses at 503 Dale St ij ,^, t1t'nnr•t't.v fhAst rel-.i... i w n..n ria t..•. �{...1,... �!._._. — - Page 10 Nov 01 05 11 : 46a NORTH ANDOVER 9786889542 p. 3 AFFADAVIT Re: Mary E. Kadishiau variance application before the North Andover Board of Health I, E. William Hansen, abutter to Lot 02 (of 7,400 square feet approximately) on Bradford Street in North Andover, for which a variance is being sought by Mary Kadishian, hereby depose and say: (1) As background, I would like to point out that at a discussion at the July 10 meeting of the Board of Health, my wife and I overheard the members discussing the one variance then being requested. The members indicated they leaned towards granting it provided that Mrs. Kadishian owned the land and was building a house for her own use. (2) At approximately 7:30 p.m. on August 2, 1978, I was standing in front of Lot #2 engaged in neighborly conversation with my wife and Robert W. Heine, whose affadavit is also being submitted, when a brown Ford pick-up truck came to a stop near us. The truck had the words "Colonial Carpentry" stencilled on both doors and had a black and silver "Ford" plate on the front. There were four people in the truck as they introduced themselves; one, about 5'10" tall with brown hair and mod plastic-rim glasses was Tota Goldzick (sp ?); his wife and son, Eric; as well as a blond fellow with a mustache, whose name I did not catch. He told us he worked as a "framer" for Rick Roper and said how lucky he was to run into neighbors, since Roper was the owner of the lot (Lot #2) and was offering to sell it to him. (3) He wanted to know if there were any water problems on the lot and if there were any other problems in the area. I pointed out to him that the lot needed a variance for a septic system and he indicated surprise and appreciatif (4) I asked him if he'd mind telling me what Rick Roper wanted for the land. He told me the price was to be $12,000. I pointed out that this was -*ot of money for 1/6 of an acre but he observed that Roper had told him he would ensure all clearances were met and the lot would be "buildable" and further, that Roper through his connections as a developer, would get him financing. (5) He informed me that he was going to build a rustic cape colonial. He further observed that the house he intended to build had been drawn up on the lot plan and that it would fit on this small lot. Signed this `1 day of August, 1978 under the pains and penalties of perjury. i-IA�1> Nov 01 05 11 : 47a NORTH ANDOVER 9786889542 p. 4 TOWN OF 140KTB ANDOVER OFFKN OF 4w 0qpwd 9b" Nia�A:,doMer,himmudkeeft 01345 Td�oee(97>0 6iL9S43s D. Robert N-- dM Pax (9n)6W9342 . 8+uidin6,Ca,,Gerona Februlcy 04, 2005 mw, Stcves sarcis P.U. Pox 1 1 S 1 ISku agaa, MA 0 t 843 Rc: 4 Bradford Sven "-d 1. PtnxPO2 Dcar Mr. Sarcia; pursuant to ce-up i dance of AGciad E.LoMW4 F-SWAX said the s uba iKW Ac plan. 1 am of the opkies d.9 th.Aew Pmcd is a bwWWWs tat Yours ttjW D_ Raben Nic c to RUM"Coea�wastooa LuAia6 Eafarcemieot Offen= AN Pale 12 rxsuo of�►pr�►ts an ps++ CONSEl VATP ti 69sa3lo rrEwt tpr aasA n�•r..rrK:va.�sis I 1 J�� CgQ 1'ut A"Y�rM t�,.Y!{r.•( Z Adrlrt•-s 1'!un No. (•cel. Nu. Dat �l tllNi. �G. owner: ! ', I {„ -tQh LAND VAI.UATICIN �(/ { h''�.1�,►.4�ila.N 1Y11���{_ ,uZA�'L`.TIk ! _ �.,Z��.�: _Z Area t:71• Vnlu�' o 7Lr�GO. +� ��'S.1.t +C�1�.S.t>w.A_•�"C�_IAL�s1lf. _�t�13GL• 10•1ir O .l.�uf.-I?nhanr•t•n:oil � I_ UUIL.UING DU5CIUP'1'tUN_ •!'idol Arvu �•{t'ue `• ul LIJI nul,r. :� =-- ;'"-'''=`� V.l Laub 1'uluu O , Lund tion.• I,wN, Anxt Atld t'n� }•atcriur Uvrr:rir,tiort Interirir Descri ptiun IiIJILDING VALUATION •j z ►• f� �i�Vtr �( I:,earl„r Wail. 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Q Q "Wemd Fra IUp linuk rltnaat 11 loll, COMPUTATIONS Sturl Fnttma F'h,t Wuud { 8{coot lk Inn,•) .1 se /• y %• eL 1)rluk tLunbrel 11utwistw •,ruv,I .:r/iI fj sf Z :rlcl.Yuuuur Mansard Fluuri ttut WYtvrtulro► .fr/./1�J��* �=� tr /.y`�.I tz 0 ltvlul.Cunoreta Durnlurr Couunun Cori F'Irrtd _- f•%✓r t bn,111,.,•k Ilurd Woad Oil F'ir,•d r/.�'� / 'r/N % ' O u Im Mill Cuuwt. Ruuf Cuvettnd HOW,Glia. pat Mlrvd C \tout)Nhin{{ttl,. Cuncn.tuahi Fnuntlatlonr M>huh Hhlitghw ' LIm,mluumNlb Stoker C,u+ur,•tu Aalwu+r 9binnba Ae►+halt Tilt rl,. L.K • •M Id . llL,uk Nlatu itaahttnr ` ,,;j f --rit,n,u 'Pura(travel Attio Rooms h iuotrlm Hrlck \latY1 Numbrf f.frlre hurt hull Asphalt Wul1e 1'urtr F•tuutr IribrelUneous M.10 M,l,Iwt w Atruereary Bldve, Aram Cutlet. IWuf Floor q• •, r' -� ypt•In+uluuou her,,. `� J ti'i l w — rliud Lathe / try Wuud Hurh _ Ikewl amrlt REMAttK8 POP? i L� :� / I t j� }� � ri' Wit• •. i . m m m .• fn IV (n (itl.+....wwr.� '...a.•: .�_._. . , a�4 rr �-__,._��w''-••^-...,_ �':....ti-...:-.-•�•---1� .,..i;� , 6r RUILOING AREA COMPUTATIONS „a r w�ffl.�'•-�r�.a�+.9"_�J� /�� �y Ci_�� J7•Y�+}/� _I T +, � � �1 � t -r«..rt�..� N✓. /�_ L �1� / /�'i /y '. ad�O f� i /L�� VM . �� ' ;! 1 r_f cAt f�WT Z AT mf. .._._........._. ... I i STR %—elk EXT a co m to m m CO Ul ' O Nov 01 05 11 : 47a NORTH ANDOVER 9786889542 P. 7 URBELiS& FIELDSTELL,LLP 155 FEDERAL STREET BOSTON,IVIASSACHUsl -rs 02110-1727 Telephone617-338-2200 Arauvcr e inrd qu-,atf-taw wm Teleeopier 6t7-338-0122 Teleplmc yi81Yj�.;_ May 13,2005 Rachel Anne Xdorin, Esq. Latin Office of.'Vichael E. Lombard 44 Park Street Andover. A 018!0 RE- 9)_i BRADFORD STREET, NORTH ANDOVER Dear Attorney %lorin: I ani writing in regard to your letter dated December 16, 2004. It appears from your letter that you omitted the; Roper Homes Deed dated November 30, 1979 conveying fond to tNfary E. Kadishian for S8,000 and the Roper Homes Mortgage enclosed herewith. :also enclosed:are Board of Health Minutes from September 10, 1979 and an Affidavit of E. Williarn Hansen dated August 4, 1978 and a timeline provides] by Mr. Hansen. Could you please review the enclosed and address as to whether or not (and why) ,your conclusion that :he"subject locus may be considered a buildable lot"is changed particularly evith regard to "abandonment-as well as to loss of grandfathering exemption_ I look farm-ard to hearing from you. Very truly yours, , Thomas L Lrbehs North Andover Town Counsel l'1U:kmp F. b1 dliam H:L,rsc,1 Heidi Griffin (w!enc) [3. Robert tiicetta(wlenc) Nov 01 05 11 : 47a NORTH ANDOVER 9786889542 P. 8 LAW OFFYCE OF �aeH�E� E. r oM A R—D 44 PARR SYRFJ r ANDOVER,MA 01810 (978) 475-1518 FACSIilIEl X(978)470-3448 MIC RAEL E. LONMARD. ESQ- PARAL GALS MARY T. DUGGAN RACHEL AHA MORM.ESQ. LYIIN I[.LAMA AL.AIU BONDBIDGE GrTA BRATS May 25, 2005 Thomas J. Urbelis Urbelis&Fieldsteel. LLP 155 Federal Street Boston, .MA 02110- 1727 Re: Bradford Street Lot Dear Attorney Urbelis: This will advise you that t researched the records at the Registry of Deeds in order to determine wbether the abutting lots were held in common ownership with the Kadishian lot. Although the subject lot was deeded out to Roper Homes and back again,I do not believe that the transfer makes a difference since the abutting Iots were not held in common ownership_ Again, l rescarcFcd only the Registry of Deeds records and not Board of Health records. My research at the Assessor's Office was solely to determine who the abutters were, so that 1 could perform the research at the Registry_ My conclusion was based on the Registry records , only- Sincerely R no Morin. Esq. page 16 Lvov U1 U5 11 : 47a NORTH ANDOVER 9786889542 p. 9 URBELIS&FIELDSTEEL,LLP U L% 155 FEDERAL.STREET BOSTON,MASSACHUSETTS 02110-1727 AUG 2 5 2:05 TWWAs J.URBELIS Tekphaw 6t7-338-2200pF N��i R t-mail t2uta:vEtaW-00 Telecopier 617-33&8122 i�s� c� August 24,2005 Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 RE: O BRADFORD STREET Dear Ray- As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above-referenced lot, which is in an R-2 zoning district and contains 7,400 square feet, is a buildable lot. The current minimum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the information and materials submitted by Ms. Griffin to us at that time, that Section 7-8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable lot. As we stated in our letter of April 26, 2005,Section 7.8 applies to vacant lots which have been held in separate ownership and provides that the residential lot atlas and frontage in Table 2 of the Bylaw do not apply to any lot that was duly recorded by deed prior to January 9, 1957, provided that it has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received additional information, specifically, a copy of an Assessors' record card which contained reference to structures on the lot referred to as a "camp" and a"garage', with the notation that they had burned on November 2, 1969. We have been unable to ascertain from the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings were on the lot prior to 1942, when the first zoning bylaw was enacted If that assumption is incorrect, please let us know- With that assumption, the fact that there were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable. While the fourth paragraph of G.I.. Chapter 40A,Section 6,and Section 7.8 of the Bylaw apply to vacant non-conforming lots, the reconstruction of a dwelling on a nonconforming lot is Page 17 .lapS1'a.rkla•sdareluriaplwaidi b-0t atlxa&c Nov 01 05 11 : 48a NORTH RNDOVER 9786889542 p. 10 URmus&FIELDSTEEL,LLP August 24,2005 Page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A, Section 6 provides in relevant part,that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by section five, but shall apply to any reconstruction, extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw,which provides: 9.4 Building after Catastrophe Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, earthquake or wind to the extent of sixty-five percent(65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as may be permitted by a Special.Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the desirability of eliminating nonconformities recognized in Chapter 40A and applicable cases, which acknowledge "`...the eventual elimination of nonconforming uses as an objective underlying zoning regulations."' Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn.41 Mass. App. Ct. 165, 170 (1996). See also Dowling v. Board of Health of Chilmark, 28 Mass. App. Ct. 547, 551 (1990)and Strazzulla v. Building Inspector of Wellesley, 357 Mass. 694, 697 (1970). Both G.L. Chapter,40A, Section 6 and Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and are applicable to the present situation. G.L. Chapter 40A, Section 6,Paragraph 4 provides: Page Is Nov 01 05 11 : 48a NORTH RNDOVER 9786889542 p. 11 URBELIS&RELDSTEEL,LLP August 24,2005 Page 3 "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the North Andover Zoning By-law addresses the issue of abandonment as follows: 9.5 Abandonment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two years or more,...it shall thereafter continue to conform.... In the present situation, the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9.4 and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the holding of the Massachusetts Appeals Court in the case of Dial Away Co Inc. vs Zoning Board of Appeals of Auburn, cited above, which considered the question whether an undersized lot remained a buildable lot twenty-three years after the demolition of a nonconforming dwelling. The Appeals Court held that under the local by-law, the buildings were "abandoned" at the time of their demolition and that, therefore, they lost their"grandfathered"status two years later. In so holding,the Court held that"...it would be anomalous indeed to construe [the Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintiff s undersized lot because of the happenstance that in 1944 a house was built that conformed to the then existing by-law." Dial Away Co., Inc.. supra, at 170. Nothing in the recently decided case of Bransford v. Zoning Board of Appeals of Edaartown(August 12, 2005)would appear to alter this conclusion. Therefore, our further analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a "grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. Very truly yours, I f+�4waf F Thomas Vjrbelis TJU1kmp cc: Mark Rees Michael McGuire Pzge 19 SEYEAKI:H LLP �;Ec�fivEo A T T O R N E Y S World Trade Center East T 0 W 81E-R%K'S !,- tr'•v r Two seaport Lane ZOOS OCT 28 AM 10' 24 Suite 300 Writer's direct phone Boston,MA 02210-2028 TMJ" ice 617-946-4973 617-946-4800 NORTH A, - Writer's e-mail MASS AE+ + fax 617-946-4801 dbarone@seyfarth.com www.seyfoAh.com October 27,2005 V W N N m VIA FEDERAL EXPRESS Ms. Michel Glennon Town of North Andover o Office of the Zoning Board of Appeals 400 Osgood Street 3 North Andover, MA 01845 0 Re: 93 Bradford Street, also known as 0 Bradford Street U Application for Finding and Application for Variance LL Z Dear Michel: N I am enclosing 22 copies of the following documentation,with reference to the above Z captioned matter: Q V Q 1. Letter of authorization; 10 2. Deed for property; ,4 3. North Andover Abutters List; o 4. Boxford Abutters List; 5. Narratives for each application. Z N W I will be hand delivering the Mylar's with paper copies early on Tuesday,if I can get the z cooperation I need. As always thank you for your time and assistance and please do not hesitate to N call me with any questions. Cordially, SEYFARTH SHAW LLP o O Donna M. Barone 0 Paralegal V dmb enclosures Z 0 cc: North Andover Town Clerk(w/enclosures) 0 Q Z Q BO 15744805.1/87813-000002 a 93 (or 0) Bradford Street (Finding) The proposed use is as a single family dwelling, a use allowed as-of-right in the zoning district . The lot is currently vacant and I submit has been vacant since at least 1940. Since enactment of zoning in north Andover, the lot has always been intended to be used as a single family dwelling. Thus, the use will not be substantially more detrimental . Under Section 7. 8 of the Bylaw, the lot can have built upon I as-of-right a single family dwelling of the size and with the setbacks proposed by my application for a building permit . Thus, the proposed structure cannot be substantially more detrimental than any other single family structure allowed to be built on the lot as-of-right . The lot of land in question, know as and numbered 93 , but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13 , 1940 . At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2, in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors, record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2, 1969. There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7 . 8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7 . 8, and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2, 1969, Section 7 . 8 of the Bylaw is still applicable.pp Unlike the bylaw in Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn, 41 Mass.App. Ct . 165 (1996) , the provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c. 40A, §6, and thus one can not conclude, as did the court in Dial Away, that Section 7 . 8 applies only to vacant lots . BO1 15741427.1 / 87813-000002 { BK 9332 PG 117 QUITCLAIM DEED e We, Francis James Kadishlan and Ch ryi Ann DeJean of the State of Florida For consideration paid of One Hundred Twenty-Five Thousand and 001100 ($125,000.00) Dollars Grant to Stephen J. Sarcla Of 19 Abbott Run Valley, Cumberland, RI 02854 CA With QU17-CLAIM C4 W-S zx m A certain parcel of land, situated in North Andover, County of Essex and the =Z r Commonwealth of Massachusetts, and described as follows: N ``' �o D Beginning at a stone bound on the westerly side of Bradford Street in said Norio .p Andover, about opposite the residence of the late Nathaniel Gage; rn N o Thence running Southerly one hundred (100)feet to the land formerly of the said n Nathaniel Gage; Thence turning at an angle of ninety (90°) degrees forty-three (43') minutes and c running south sixty-five(65°) degrees W. one hundred forty-eight(148)feet to a W stone bound; co �(1 Thence turning at an angle of thirty-three (33")degrees and forty-seven (47") 4+ minutes and running north thirty-one (310)degrees E, one hundred seventy-nine and 5/10 (179.5)feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being all and the same premises conveyed to us by deed of Harry Kadishian dated December 17, 1990, recorded with Essex North District deeds in Book 3200, Page 235. V. ' r BK 9332 EAG 118 Witness our hands and seals thisvTaay of . 2005. �tness Kadishian 0AX Cheryl n DeJean STATE OF FLORIDA County: On this day of , 2005, before me, the undersigned notary public, rsonally ap ared Francis James Kadishian, proved to me through sati doryeviden a of identification, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpo ( ficial signature n seal of notary) 00 eab.utauwor,r�POundr�,wa y Commission expires STATE OF FLORIDA County: OGII On this ay of 44 2005, before me, the undersigned notary public, p onally app d Cheryl Ann DeJean, proved to me through satisfactory avid ce of identifl 'on,which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. w lVia6aZ& ).-/- ha 69ftial signature seal of notary) My Commission expires toupees Abutter to Abutter( ) Btaldng Dept ( ) Conservation ( ) ZWAV ( ) Town of North Andover Abutters Ustina REQUIREMENT: MrA.40A,Section t 1 states in put'P fbs In as used in tick draper Ow mean Vie pos orrer, abusers,owners of taro!d recly oppasthson any pubic or private way.and abrrmrs b abutters wgtrsr mm hundred(wo)feet of to property Ne of be petitioner as they appear on the most recent Womble tax w not wshsbrrdlrq scat the land of any such owner is lopbd in MMOW dty or town,the pbnnkv board of the city or lown,and the pbnnkV beard of every abuftV csy or WML' SubIW Pruner , MAP PARCEL Name reams 61 2 James Francis Kadishian 93 Bradford Stream North Andover,MA 01645 do Stephen Sarna Abutters Pravenffas Mao Parcel Nam Address 61 1 William Hansen 103 Bradford Street North Andover,MA 01645 61 3 Timothy Gaudette 145 Bradford Street North Andover,MA 01645 61 4 Robert Heinze 140 Bradford Street Nath Andover,MA 01845 61 51 Steven Daly 162 Bradford Street Nath Andover,MA 01645 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01645 61 53 Joan Gitlin 116 Bradford Street North Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 60 Felix Layne 128 Bradford Street North Andover,MA 01845 61 65 William Hansen 103 Bradford Street North Andover,MA 01845 61 103 Town of North Andover 120 Main Street North Andover,MA 01845 Date 10/5/2005 Page 1 of 1 This certifies that the names appearing on the records . of the Assessors office as of rears� j Certified Date ' /�`� Ul 0,0113lO J 1 V ,� _ _ $OXFORD, Q�,cj-� 2 01 01 15 DALY STEVEN M TE ANNE G DALY 01 01 16 SOUSA JAY A TE SOUSA MARIE C 01 01 17 EEIME ROBERT W JT CATEERINS ESINZE 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 01 01 19 GITLIN JOAN I 01 01 20 HALL JEREMY W Y T8 HALL DEBORAH H Parcel Counts 6 10/06/05 1:15:44PM Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman,Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours I .13'nZ-Wj-6---ja"Ze'-Q, Stephen Sarcla BOl 15740998.1/87813-000002 93 (or O) Bradford Street (Variance) The proposed use is as a single family dwelling, a use allowed as-of-right in the zoning district . The variance request is solely related to the dimensions of the lot and the setbacks of the proposed single family dwelling. The variances include one for lot area, lot width, street frontage, and front and side yard setbacks. The particular circumstances of my lot relating to shape is that it is triangular in shape and thus, inter alia, a single family dwelling cannot be located on the lot without intruding into both the front yard setback and each of the side yard setbacks. I purchased the lot in 2005 in reliance upon a letter from the former building inspector that stated the lot was buildable. Because of that letter I paid the fair market value of a buildable lot . If I cannot build on the lot, I will suffer a financial hardship because I will not be able to recover my investment . The relief sought is desirable and without substantial detriment to the public good because the proposed single family dwelling is of a modest size and compatible with other homes in the neighborhood and has no negative impact on any immediate neighbor. The relief sought my be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw because the proposed single family dwelling could be constructed on the lot as-of-right but for the claim that a "camp" was on the lot more than 35 years ago. S01 15742337.1 / 87813-000002 Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6,2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman,Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours I �/�{✓ Step en Sarcia B01 15740998.1/87813-000002 BK 9332 PG 117 Y QUITCLAIM DEED James Kadishian and Ch We, Francis Ja aryl Ann DeJean of the State of Florida For consideration paid of One Hundred Twenty-Five Thousand and OOt100 ($125,000.00) Dollars Grant to Stephen J. Sarcia Of 19 Abbott Run Valley, Cumberland, Ri 02854 N v Wkh QUIMLAIM COVENANT'Szx o� A certain parcel of land, situated in North Andover, County of Essex and the o w Commonwealth of Massachusetts, and described as follows: �o D Beginning at a stone bound on the westerly side of Bradford Street in said Norfio .9 Andover, about opposite the residence of the late Nathaniel Gage; N c U Thence running Southerly one hundred (100)feet to the land formerly of the said Nathaniel Gage; Thence turning at an angle of ninety(900) degrees forty-three (43") minutes and v running south sixty-five (65°) degrees W. one hundred forty-eight(148)feet to a W stone bound; —j co Thence turning at an angle of thirty-three (33°)degrees and forty-seven (47") �+ minutes and running north thirty-one(31°)degrees E, one hundred seventy-nine l_A and 5110 (179.5)feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being all and the same premises conveyed to us by deed of Harry Kadishian dated December 17, 1990, recorded with Essex North District deeds in Book 3200, Page 235. 7. ' i r` BK 9332 PG 118 Witness our hands and seals thisag ay of , 2005. fitness Kadishian Cheryl P#n DeJean STATE OF FLORIDA County: _ On this day of , 2005, before me, the undersigned notary public, rsonally app red Francis James Kadishian, proved to me through sati story evideniVe of identification, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpo WW ��oZ ( ficial sigMFWM- nature n seal of notary) y Commission expires STATE OF FLORIDA County: DGC/r On this�ay of , 2005, before me, the undersigned notary public, p onally app Cheryl Ann DeJean, proved to me through satisfactory evid ce of identifi tion, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. w ( 'al signature seal of notary) My Commission expires !ad'°71p'"eYy'PWO-kn n Abutter to Abutter( ) B"Ing Dept ( ) Conservahm f ) Zwft f ) Town of North And Abutters Ustino RE2VggMENT; MGL 4K section t t stabs in part warms in as used to nds c apW"rrrean ttre prom. abutters,owners of toad&wW oppomibon ow pwk or p&ab ww wW abufbrs to abutbrs%*i n three hundred 0300)teat of ere property Wre of#0 petitiaror as they MVM on 6a most record Vocable tax fist not wMaWaV tial the UM of any mich mw Is lord in K#Ww city or tmm,tia plwm" board of the dry or brn,and the ptarmkV board of every abuUM city or loam.' SubW Proosr_t►r MAP PARCEL Name g——r 61 2 James Francis Kadishian 93 Bradford street North Andover.MA 01845 c/o Stephen Sarcia Abutters Procertles map Parcel Nares 61 1 William Hansen 103 Bradford StreetNath Andover,MA 01845 61 3 Timothy Gaudette 145 Bradford street North Andover,MA 01545 61 4 Robert Heinze 140 Bradford Street North Andover,MA 01845 61 51 Steven Daly 162 Bradford Street North Andover,MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01845 61 53 Joan Gitlin 116 Bradford Street Nath Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 6o Felix Layne 128 Bradford Street North Andover,MA 01845 61 65 William Hansen 103 Bradford Street North Andover,MA 01845 61 103 Town of North Andover 120 Main Street Nath Andover,MA 01845 Date 10!512005 Pap 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified Date 1, l W-3 1 C)LC ) i.1 BOXFORD, MA 006��-U 2- 01 01 15 DALY STEVEN X TE ANNE G DALY 01 01 16 SOUSA JAY A TE SOUSA MARIE C 01 01 17 SEINZB ROBERT N JT CATHERINE BEINZE 01 01 18 LAYNE FELIX C TE LAYHE SUSAN F 01 01 19 GITLIN JOAN I 01 01 20 BALL JEREMY W Y T8 HALL DEBORAH H Parcel Count: 6 10/06/05 1:15:44PM Oct 04 05 0210p NORTH ANDOVER 9786889542 p. 2 ` mo Clerk Time Stamp µORTi� atr �• RECEIVE/} w OWN CLERKS OFFICE FINDING ' 205 OCT I 1 PM 2: 41 TOWN OF NORTH ANDOVER TOWN OF ZONING BOARD OF APPEALS NORTM t K0GVEF NAME: Stephen J. Sarcia MASSACHI USET ADDRESS OF APPEAL: 93 (or 0) Bradford Street Procedure & Requirements for, an Application for a Finding Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty 30 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Partyin Interest fee. petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper publication. STEP 2: FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Finding. All information as The petitioner should appear in his/her behalf,or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the p petitioner, the Board shall decide on the matter by using STEP 3• PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required pian information as STEP 9• DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts The petitioner requests the Assessor's Office to compile General Law ch.40A§ 17,within twenty(20)days after a certified list of Parties in Interest(abutters). the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: STEP 10• RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and ten(10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time County, North Registry of Deeds, 381 Common St., and date of filing. The original will be left at the Town Lawrence MA,and shall complete the Certification of Clerk's Office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. wuuupau.uwwn.i.uru.wwuuuruurwwuwiuwuu.+uwwwawuuisuwuwuwwwu+uwuw.uwu,uu.ax W nwwwouauunuw.uuuua.uwunuuuud IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-686-9541 Zoning Board of Appeals Office PAGE 1 of 4 Oct 04 05 02: 10p NORTH ANDOVER 9786889542 p. 3 PAGE 2 OF 4 �± NORTH ANDOVER ZONING BOARD OF APPEALS application for a rc N����.7 Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Stephen J Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this Ownership: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617- 594-8283 Years Owned Land: since January 28 2005 3. Location of Property: a. Street: _ 93 (or 0) Bradford Street Zoning District: R-2 b. Assessors: Map number: 61 Lot Number. 117 c. Registry of Deeds: Book Number: 9332 Page Number: 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1, 7.1.2, 7.2, 7.3 and Table 2 `Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: Ruling that pursuant to Section 7.8 the lot is a buildable lot. See Attachment. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parkins Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet Space A.-36,169--N-LA- N/A % -50 B. % I ' Oct 04 05 02`: 10p NORTH ANDOVER 9786889542 . p. 4 Page 3 of 4 i NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D1PIG 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 2 25 12 13 +30 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43,560 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** N/A *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). , 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" 1,120 2 21' 7" 2,240 One family dwelling 1 .Reference Uses from the Zoning Bylaw&Table 1. "*State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shat(be the responsibility of the petitioner to furnish all supporting documentation with this ap " tion. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the app nt om this res risibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to co ply "th appli n requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by a Zo ing ani this application as incomplete. Signature: Type above name(s) here: Peter S Brooks - Oct 04 05 02: 11p NORTH ANDOVER 9786889542 p- 5 PAGE 4 of FINDING 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon.All dimensional requirements shall be clearly identified and factually supported when *113. C. *Features To Be Included On Plan: requesting a Finding from the requirements of MGLA ch. 1) Site Orientation shall include: 40A, and the North Andover Zoning Bylaws. All points, 1. north point A-C,are required to be addressed with this 2. zoning district(s) application. 3, names of streets 4. wetlands(if applicable) A. The particular use proposed for the land or 5. abutters of property,within 300'radius structure. 6. locations of buildings on adjacent properties B. Fact(s) relied upon to support a Finding that the within 50'from applicants proposed structure proposed extension or alteration shall not be more 7. deed restrictions, easements. substantially detrimental than the existing non- H)Legend& Graphic Aids: conforming use. 1. Proposed features in solid lines&outlined in red C. Address all appropriate details of the Building 2. Existing features to be removed in dashed lines Commissioner's denial. 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names,addresses, and phone numbers of the 10. PLAN OF LAND applicant, owner of record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans must be submitted with this application to the Town 10, D. Minor Projects Clerk's Office and ZBA secretary at least thirty(30)days Minor projects,such as decks,sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an asterisk('). In some cases further information may A set of building elevation plans by a Registered be required Architect may be required when the application involves new construction/conversion/and/or a 11. APPLICATION FILING FEES proposed change in use. 11.A. Notification fees:Applicant shall provide a check or money order to: `Town of North Andover- 10, A. Major Projects #022-1760-4841"for the cost of first class, certified, Major projects are those which involve one of the return receipt ($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the 1) five (5) or more parking spaces, abutter's list for the legal notice check. Also, the 11)three (3) or more dwelling units, applicant shall supply first class postage stamps 111)2,000 square feet of building area. (currently 370)x the#of parties of interest on the Major Projects shall require, in addition to the 10B. & 10 abutter's list for the decision mailing. C. features,that the plans show detailed utilities, soils, and topographic information. 11. B. Mailing labels:Applicant shalt provide four(4) sets of mailing labels no larger than 1"x2-5/8"(3 copies *10. B. "Plan Specifications: for the Legal mailing and one copy for the Decision 1) size of plan: Ten (10 ) paper copies of a mailing). plan not to exceed 11"x17", preferred scale of 1„=`0' 11.C. See 2005 Revised Fee Schedule. I[) one (1) Mylar. 111) The plan must be prepared by a Registered Professional Engineer and/or Land Surveyor, with a and date indicated on r five 5 ZB Asignatures b lock fo the Mylar. 93 (or O) Bradford Street The lot of land in question, know as and numbered 93, but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13, 1940 . At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2, in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors' record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2, 1969 . There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7 . 8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7 . 8 , and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2, 1969, Section 7 . 8 of the Bylaw is still applicable. Unlike the bylaw in Dial Away Co. Inc . v. Zoning Board of Appeals of Auburn, 41 Mass .App.Ct . 165 (1996) , the provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c. 40A, §6, and thus one can not conclude, as did the court in Dial Away, that Section 7 . 8 applies only to vacant lots . B01 15741427.1 / 87813-000002 Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover w Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours Stephen Sarcia BOl 15740998.1/87813-000002 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQutREMENT: MGL 4M,section t t states in part'Parties in interest as used in this dopier snarl mean the petwiorher. abutters,owners of land dwectty opposkeon any pubic or pate way,and abutters to abutters within three hundred(300)feet of the property Ine of the petiioner as they air on the most recent appieabfe tax W,not withstandng that the land Of any SUCh Owner is bcatsd in another crty or town.the piannrho board of the city or town,and the plannn0 board of every abutinp ciy or town.' subbed Pronerhr: MAP PARCEL Name Address B1 2 James Francis Kadishan 93 Bradford Street North Andover,MA 01845 c/o Stephen Sarcia Abutters Prouerties MaD A ss 61 Parcel W�am Hansen 10 Bradford rera ford Street North Andover,MA 01845 61 3 Timothy Gaudette 145 Bradford Street North Andover,MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover,MA 01845 61 51 Steven Daly 162 Bradford Street North Andover,MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01845 61 53 Joan Gitlin 116 Bradford Street North Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 60 Felix Layne 128 Bradford Street North Andover,MA 01845 61 65 William Hansen 103 Bradford Street North Andover,MA 01845 61 103 Town of North Andover 120 Main Street North Andover,MA 01845 Date 10/512005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors_ Office as of Date Certified ifL v a a wa.r Nc"iU6 J � I /� BOXFO. 0L/L,cj--k, 2. 01 01 15 DALY STEVEN M TE ANNE Q DALY 01 01 16 SOVSA JAY A TE SOUSA MARIE C 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 01 01 19 GITLIN JOAN I 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H Parcel Count: 6 10/06/05 1:15:44PM TOWN OF NORTH A.NDOWR Office of the Building Department Community Developmeet a3nd Services 41 .400 Os V +� ► t�S" d F North/Nitryl"!RJassachusLi'OI Michhel MCCmim Tcicpjimtc(9n)ti9li-9545 In(erim FAX(974)M-9542 �ildrng Cnnrsescsinner September 12,2005 Cm8 CwL9os 11 Carne Ave. Mcdocrr.MA 01844 Il£:4 Bradford Street Dear Mr.Ca dsoo. Pieame be advised dial alter f ndier amiew by the Town ofNorih Amk"w kgal muncl it Las bees determined dist the above referenced lot is sot a bmidoble lot. Auached with this law ffi a copy of the Idler do dds depactm"has received from the town attarney in,rcpws to your pared of bw. In closing it will be aqu red that a vwiam for tat area will be nomf ed fibra the Zoo*Board of Appeals in orft to owand an this site. Should you have any 5uther gpe mtioam I way be mdwd at 978-688-9345 bet"=the broods of 8.30 to 10:00 AM and 1:00 to 2:00)?M Monday dW000 FrW&Y. Respectfiully: Acbed Mcdsire 1oserim Bmlftg C URSELIS&FW DSTM.,1.1.P 155 FEDERAL STREET a2 � 01727 cz�us>:Trs 1 Bos MAssw TMMASLIJIMILM Telepbow 617-338-2200 Andover e-mail gu—&f-LimTcj=Wier 617-338-0122 Td ane 978-475.45iZ August 24,2005 RECEIVED Raymond T. Santilli AUG 2 5 2005 Assistant Town Manager WILDING DEPT. 120 Main Street North Andover,NlA 01845 RE: 0 BRADFORD S'TRBET Dear Ray: As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above-referenced lot, which is in an R-2 zoning district and contains 7,400 square feet,is a buildable lot. 'The current minimum lot size.in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffm and expressed the view, based upon the i_L,ocrt.-Wore -,ad ioatc�als submitted by MS- Griffin t* 14 at that timer that Section :'.S of the North Andover Zoning By-law was appheabic to this situation, and that the lot was a buildable let. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held iia separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to any lot that was day retarded by deed prior to January 9, 1957, provided that it'bas a miWmum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received add-tional imfo aeration, spcc&cally. a copy of as Assessors' record card which contained rcfe=ce to structures on the lot referred to as a "'camp" and a"garage",with the notation that they had burned on November 2, 1969. We have been unable to ascertain fivm the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings were on the lot prior to 1942, when the first zoning bylaw.was enacted. if that assumption is incon=4 please let us lmow. With that assumption, the fact that there were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable.. While the fourth paragraph of G.L.Chapter 40A, Section 6,and Section 7.8 of the Bylaw apply to vacant non-,conforming lots,.the reeorm action of a dwelling on a=mcanimxming lot is ,��,,s��, gbwa&.b-0 6ndfaddoe UP,BELIS&REL.DSTEEL,UP August 24, 2005 page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L.Chapter 40A,Section 6 provides in relevant part,that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by sactiozi five, but shqLl ply to my reconstructioiL extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration,reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning ng By18W,which provides: 9.4 Building aft Catastrophe Any nonconforming building.or stricture destroyed or damaged by fire, flood, lightning, earthquake or wind to the extent of sixty-five not nt nt(650K)�� rep t Of its reproduction cost at the time of such damag reconstructed nor altered except for a purpose permitted in that zoning district in which such building is kwated,or except as may be permitted by a Special.Pemait or otherwise by the Board of Appeals acting under Massachusetts General Laws Cl aptcr 40A. Section 9.4 prohibits the reconstruction of a monconfi ming structure and reflects the desirability of eliminating nonconformities T'ecognized in Chapter 40A and applicable cases, which acknowledge "'...the eventual elimimfion► of nonconforming uses' as an objective underlying zoning regulations.'" Dial Away Co nc.v ;gMjMg Board ofAvoeals�41 Mass. App. Ct. 165, 170 (1996). See also Dowling v. Board of Wellesley,of hi lmarM. 694L 28 Ma s, App. Ct. 547, 551 (1990) and a V. BTuldin (1970). Both G.L. Chter, 40A,Section 6 and Section 9.5 of do North Andover Zoning By-law t address the issue of abandonment and we applicable to the present situation. G.L. Chapter 40A, Section,6,Paragraph 4 provides: URBELts&FMUff EEL,LLP August 24, 2005 Pagc 3 "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the Nort Andover Zoning BY-law addresses the issue of abandonment as follows: 9.5 Abandanment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two yews or more,..-it shall thercafter continue to conform.... In the present situation,the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9:4 and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is=AItZGt with the holding of the Massachusetts.Appeals Court m the case of Dial Away Co honc vs Z SE Boned of A.*oeals of Auburn, cited above, which considered the question whether an undersized lot rexnained a buildable lot twenty-three years after the demolition of a nonconfvmiug dwelling. 'litre Appeals Court held that under the local by-Iaw, the building. were"abandoned".at the tine of their dernolitin and tbst, tharef wc, they. lost their"grandfathered"status two yew Luff. lm so holding,the Court held that ,...It would be anomalous indeed to construe (the Auburn by-law] to allow in perpetuity the rebuilding and d.Mlition of dwellings on the plaiuogff s undersized lot because of the happenstance that iu 1944 a house was built that confomed to the then existing by-law." - . Co., x c. s�� at eals 170. Nothing, in the rMMUY decided case of Bransford v. Zoa*►_i<s Board of App of Fd (August 12,2005)would appear to atter this conclusion. Therefore, our fTu*w analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a..pmftflwee lot under the provisions of Section 7.8 of the Zoning BY-law, and that a building pmt may not issue without action by the Board of AppealL Very truly yours, r 1 Wov�ss' Thomas J rbelis T]UAkmp cc: Mark Rees Michael.McGuire �' '•'1e Town of North Andover Town Clerk Time Stamp Community Development and Services Division, �. Office of the Zoning Board of Appeals , ' RECEIVED -..,�. g Pp i G` lei U"R 0 OFPCE '°axe 400 Osgood Street Curt T.Bellavanee. North Andover, Massachusetts 02845 2005 OCT 14 PM 1; 53 Director of Communitv Telephone (978)688-9541 Development Fax ,"N 0) p (978)688-9542 �� �►� :l NORTH ANON i 'R MASS Af'�1I.1SP7 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 8i1' of November 2005 at 7:30 PM to all parties interested in the appeal of Stephen J. Sarcia, 215 Ellis Road, North Attleboro,MA 02760, for premises at: 93 (or 0) Bradford Street (Map 61, Parcel 2), North Andover requesting a Finding by the Zoning Board of Appeals that the parcel is a buildable lot pursuant to Section 7, Paragraph 7.8 of the Zoning Bylaw; and a dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief of lot area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R-2 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on October 24 &31, 2005. Legalnotice 2005-032. M61P2. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Oct 04 05 0210p NORTH ANDOVER 9786889542 p, 2 Tatem CWk Time Stamp tORTN Otl�tiaa�a�MO RECEIVED FINDING IBM OCT 1 ! PIM 2: 4l TOWN OF NORTH ANDOVkR TOWN OFSE �, ZONING BOARD OF APP LS NORTH ANDOVEPN NAME: Stephen Sarcia MASSACHUT; ADDRESS OF APPEAL: 93 (mor 0) Bradford Street Procedure & Requirements for an Application for al Finding Ten(10)copies of the following informaion must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the fiat public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete.___ notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board''Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee. petitioner will com tete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper publication. STEP 2 FINDING APPLICATION FORM: 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Finding. All information as required in items 1 through and includin� 11 shalt be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9• DECISION: cited in section 10, page 4 of this form. After the hearing,a copy of the Board's decision will be STEP 4. OBTAIN LIST OF PARTIES 1jN INTEREST: cent to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessor's Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A§ 17,within twenty(20)days after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1) original and lien(10)Xerox The petitioner is responsible for recording certification of copies of all the required information to,the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk',with the time County, North Registry of Deeds, 381 Common St., and date of filing. The original wilt be{eft at the Town Lawrence MA,and shall complete the Certification of Clerk's Office, and the 10 Xerox copies',will be left with Recording form and forward it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. i rWutuaMtluimuwau�wgltwwu4u11uuwiwMwiuwuYYWwaYwMiWpwauuNauYYuflWiYauwuubiWaulauaWauufwaiMuuluuuwuaNixuuwunnwuaN IMPORTANT PHONE NUMBERS: 978-6 Community Dev. &Services North Andover Town Hall 88-9533 Office of tY 400 Osgood Street120 Main Street North Andover, MA 01045 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 878-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appealls Office PAGE 1 of 4 Oct 04 05 02: 10p NORTH ANDOVER 9786889542 p. 3 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a Ft N D1 N G Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Stephen J Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617- 594-8283 Years Owned Land: since January 28p 2005 3. Location of Property: a. Street: 93 (or 0) Bradford Street Zoning District: R-2 b. Assessors: Map number: 61 Lot Number. 2 c. Registry of Deeds: Book Number: 9332 Page Number: 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1, 7.1.2, 7.2, 7.3 and Table 2 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Comm issioner. 5, Describe the Finding request: Ruling that pursuant to Section 7.8 the lot is a buildable lot. See Attachment. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations a$cited on page 4,section 9 of this application.Failure by the applicant to desdes� he request will rlY may result in a decision that does not address the intent of the applicant The decision will be limited to the request by not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area open Space Percentage Lot Frontage Parking Front gide A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet Spaces A.-36,160 N/A _ N/A % -50 B. % Oct 04 05 02': 10p NORTH RNDOVER 9786889542 p. 4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 2 25 12 13 +30 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking IUrmimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43,560 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" N/A *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building($): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units"* 1,120 2 21' 7" 2,240 One family dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. `*State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this ap tion. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the app nt om this res risibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to co ply 'th appli n requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by a Zo ing Board is application as Incomplete. Si nature: Type above names here: peter S. Brooks Oct 04 05 02: 11p NORTH ANDOVER 9786889542 P. 5 PAGE 4 of FINDING 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon.All dimensional requirements shall be clearly identified and factually supported when *10. C. *Features To Be Included On Plan: requesting a Finding from the requirements of MGLA ch. 1) Site Orientation shall include: 40A, and the North Andover Zoning Bylaws. All points, 1. north point A-C,are required to be addressed with this 2. zoning district(s) application. 3. names of streets 4. wetlands(if applicable) A, The particular use proposed for the land or 5. abutters of property,within 300'radius structure. 6. locations of buildings on adjacent properties B. Factwithin 50'from applicants proposed structures) relied upon to support a Finding that the 7. deed restrictions, easements. proposed extension or alteration shall not be more ll)Legend t Graphic Aids: substantially detrimental than the existing non- conforming use. 1. Proposed features in solid lines&outlined in red C. Address all appropriate details of the Building 2• Existing features to be removed in dashed lines Commissioner's denial 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names, addresses, and phone numbers of the 10. PLAN OF LAND applicant, owner of record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans must be submitted with this application to the Town 10, D. Minor Projects Clerk's Office and ZBA secretary at least thirty(30)days Minor projects,such as decks,sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an asterisk(*). In some cases further information may A set of building elevation plans by a Registered be required Architect may be required when the application involves new construction/conversion/and/or a 11. APPLICATION FILING FEES proposed change in use. 11.A. Notification fees:Applicant shall provide a check or money order to: `Town of North Andover- 10. A. Major Projects #022-1760-4841"for the cost of first class, certified.. Major projects are those which involve one of the return receipt ($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch.40A§11 on the t) five(5)or more parking spaces, abutter's list for the legal notice check. Also,the 11)three (3) or more dwelling units, applicant shall supply first class postage stamps Ili)2,000 square feet of building area. (currently 37¢)xthe#of parties of interest on the Major Projects shall require, in addition to the 106. & 10 abutter's list for the decision mailing. C. features,that the plans shote detailed utilities, soils, and topographic information. 11. B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-518"(3 copies *10. B. "Plan Specifications: for the Legal mailing and one copy for the Decision 1) size of pian: Ten (10 )paper copies of a mailing). plan not to exceed 11"x17", preferred scale of 11 C. See 2005 Revised Fee Schedule. 1 '=40'. Il) one(1)Mylar. 111) The plan must be prepared by a Registered Professional Engineer and/or Land Surveyor,with a block for five (5)ZBA signatures and date indicated on the Mylar. 93 (or O) Bradford Street The lot of land in question, know as and numbered 93, but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13, 1940 . At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2, in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors' record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2 , 1969 . There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7 . 8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7 . 8 , and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2, 1969, Section 7 . 8 of the Bylaw is still applicable. Unlike the bylaw in Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn, 41 Mass.App.Ct . 165 (1996) , the provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c. 40A, §6, and thus one can not conclude, as did the court in Dial Away, that Section 7 . 8 applies only to vacant lots. B01 15741427.1 / 87813-000002 Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6,2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance, including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours L-j j - Step en Sarcia BOl 15740998.1/87813-000002 Abutter to Abutter( ) Building Dept ( ) Conservetlon ( ) Zoning ( ) Town of North Andover Abutters Listing REQtif EMENT: MGL 40/1 Section ii states in part Tara"in Interest as used in this chaps ahs mean the petitioner, abutters,owners of land directly opposition any pub or private xray.and abutters to abutters within three hundred(300)feet of the property Ine of the petitioner as they appear on the most recent appkabfe tax fist.not withstanding that the land of any such owner is boated in another dty or town.the planing board of the city or fawn,and the panning board of every abutting city or mama Subtest Property: MAP PARCEL Nagle Address 61 2 James Francis Kadishian 93 Bradford Street North Andover,AAA 01845 do Stephen Sarcia Abutters Properties Man Parcel Name Address 61 1 William Hansen 103 Bradford Street North Andover,MA 01645 61 3 Timothy Gaudette 145 Bradford Street North Andover,MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover,MA 01845 61 51 Steven Day 162 Bradford Street North Andover,MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01845 61 53 Joan Gitlin 116 Bradford Street North Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 60 Felix Layne 128 Bradford Street North Andover,MA 01645 61 65 William Hansen 103 Bradford Street North Andover,MA 01845 61 103 Town of North Andover 120 Main Street North Andover,MA 01845 Date 1015/2005 Page 1 of 1 This certifies that the names appearing on the Office as of records of the Assessors Off Certified Date LfLv a�.ar..r UC6 l V BOXFO 01 01 15 DALY STEVEN M TE ANNE G DALY 01 01 16 SOUSA JAY A TE SOUSA MARIE C 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 01 01 19 GITLIN JOAN I 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H Parcel Count: 6 10/06/05 1:15:44PM TOWN OF NORTH ANDOVER Office of the Building Department Community Devdopmemt wW Services 400 Osgood Stred Norm Andover,Mamchasetta 01 �.'�.•. M Roel McCmite_ T.cicp}ic+ a(978)63ft 4545 I»ferim FAX(974)688-9 S42 73niidnrg CnnmeRcsioner Sept=bcr 12,2005 Gmgcwbm 11 Cansic Ave. MdhaaL MA 01844 RE: 0 Bradfwd Street Dear Mr.Carlson. Please be advisee!that after furt>ost ramw by the Town ofNadh Aabva kgal"nnxiI it has been determined that tbo abaft refereaood lot is sot a k lot. Attached wits this leer is a copy of the letter'that flue dgatrtmaot bas received from the town attanfeY in reprds to your passed of bead. 1st clming it will be regpbW that a variance for lot sees wa'lt be needed from the Zoning Hoard of Appeals in order W cuouva on this SRe i Shm you bane avy 5nthes queebm I may be maclad at 97&1 8-4545 betwoea the lroucs of 8:30 w Md 10:00 Alli and 1:00 to 2:00 PN Ma ft tiuv*Friday. Rape : w%ftel McGuire bsterim Bwldm�g C,a iooar URSBUS&FMLDSTEEL,LLP 155 FEDERAL STR r Bos-roN,MAssAcRusEm 02110-1727 Txr ws J.Uneaus Tckpbow 617-338-2200 Andover e-mail ju of law.com Tel=*cr 617-338-0122 Td ne 978-475-4552 August 24,2005 RECEIVER Raymond T. Santilli AUG 2 5 2005 Assistant Town Manager BUILDING DEPT. 120 Main Street North Andover,MA 01845 RE: 0 BRADFORD STREET Dear Ray: As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above-referenced lot, which is in an R-2 zoning district and contains 7,400 square feet,is a buildable lot. The current rniniinum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi GrifSn and expressed the view, based upon the itu-ba oatiou -ad ware ials submitted b-;Ms. Griffin to us at that tune, that Section '#I- of the North Andover Zoning By-law was applicablc to this situation, and that the lot was a buildable let. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held w separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to nay lot that was duly recorded by deed prior to January 9, 1957, provided that it'has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received addWottal info xaation, specifically, a copy Of an Assessors' record card which contained reference to suucb res on the lot referred to as a "',camp" and a"garage",with the notation that they had burned on November 2, 1969. We have been unable to ascertain from the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings were on the lot prior to 1942, when the first zoning bylaw.was enacted. If that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now- buildable.. Whsle the fourth paragraph of G.L. Chapter 40A, Section 6,and Section 7.8 of the Bylaw apply to vacant non-conforming lots,.the reconstmction of a dwelling'on a a lot is URBELSS&Ft 9L.D=L,LLP August 24,2005 Page 2 governed by the first paragraph of G.L. Chapter 40A,, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A,Section 6 provides in relevant part,that: Except as hereiaafteer provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public heating on such ordinance or by-law required by section five, but shall atroly to any reconstruction• extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration,reconstruction, eateaansnon or sauctural change to a single or two-family nsidezntial structure does not increase the noncol*rrning nature of said structure.... (Ennphasis supplied) Ilse reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw,which Provides: 9.4 Building after Catastrophe A.uy nonconforming building.or structure dmtroyed or danMed by fue, flood, lightning, earthquake or wind to the extent of sixty-five percent(65°/v)or more of its reproductiozn cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a ptupofe permitted in that zoning district in which such building u located,or except as inay be permitted by a Special Penoait or otherwise by the Board of Appeals acting under Massachusetts General Laws C�aptcr 40A. Section 9.4 prohibits the reconstruction of a noncmdom°g structure and reflects the desirability of eliminating nonconforno cities recognized in Chapter 40A and applicable cases, which acknowledge "`...the: eventual elimination of noacon,fonning uses' as an objective underlying zoning regulations.' Dial Away Co Lt+s.Y. ZI""n¢Board of Avaeals of Auburn 41 Mass. App. Ct. 165, 170 (1996). See also PQ, v Board of HCa1d of Chilmark.. 28 Mass. App. Ct. 547, 551 (1990) and StEAZZOR v Builciina Tasflector of Wellesley 357 Mass. 694, 697 (1970). Both G.L. Chapter,40A,Section 6 and Section 9.5 of the North Andover Zoning By-law address the issue of abandornnent and are applicable tQ the present situation. G.L_ Chapter 40A, Section 6,Paragraph 4 provides: URBFL.ItS&FMIDSIML,LLP August 24 2005 Page 3 "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two Yom or more." Section 9.5 of the Noxtb.Andover Zoning BY-law addresses the issue of abandonment as follows: 9.5 Abandonment If any lawfully mon-coafonning building or use of a building or land be at any time discontinued for a period of two years or more-..it shall emcafter continue to confozm.... In the present situation,the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9A and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not Conform to the provisions of the Bylaw without either' a Special Permit or variance from the Zoning Board of Appeals- This ppealsThis de"nMation is cOndstent with the bolding of.the Massachusetts.Appeals Court in the case of Dial Away Co lac vs Zoning Bow ^f Anneals of Auburn, cited above, which s considered the question whether an undersized lot remained a buildable lot twenty-three year after the d=olition of a none0`nibIn2W8 dwelling. TM Appeals Court held that under the local by-law, the bujI&V were"abandoned' at the time of their demnliti=and t.b3t, theref ft, thcY, lost their"grandfalbercd"stems two Y�later. lm so holding,the Court held that,,...it would be anomalous indeed to construe (the Auburn by-lawl to allow in perpetuity the rebuilding and demolition of dwellings on the plsWffs undusized lot baus of the happenstance that in 1944 a house was built that confomaed to ft then existing Y " PW Away Co.._kc, at 170. Nothing. in the recently decided case of Bransford_v. Zoning Bead of pflveals of E (August 12,2005)would appear to alter this conclusion. Therefore, out further analysis of the additional facts concerning the existence and demolition of a residence on this tat lead to the opinion that the lot is vat a`•grandfathered" lot ecmit maynot under the provisions of Section 7.8 of the Zoning By-law, and that a building p issue without action by the Board of Appeals. very truly yourss . e Thomas J rbelis TJUlkmp ' cc: Mark Rees Michael McGuire N TN Town of North Andover Town Clerk Time Stamp hr sy' v••O� Community Development and Services Division, - RcCCtYED Office of the Zoning Board of Appeals 3 304 t�4- = =ct 400 Osgood Street CE Curt T.Bellavance, North Andover, Massachusetts 01845 2005 OCT 14 PM 1: 53 Director of Community Telephone (978)688-9541 Development Fax �'_. o ent ax 978 68 - TOWN, OF 8 9542 (1 p ( } j NORTH A14`00%#'1 1' k' MASSAU11 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 8t1i of November 2005 at 7:30 PM to all parties interested in the appeal of Stephen J. Sarcia, 215 Ellis Road, North Attleboro, MA 02760, for premises at: 93 (or 0) Bradford Street (Map 61, Parcel 2), North Andover requesting a Finding by the Zoning Board of Appeals that the parcel is a buildable lot pursuant to Section 7, Paragraph 7.8 of the Zoning Bylaw; and a dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief of lot area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R-2 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on October 24 & 31, 2005. Legalnotice 2005-032. M61 P2. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9534 Health 978-688-9540 Planning 978-688-9535 Oct 03 05 10: 16a NORTH RNDOVER 9786889542 p. 2 N rH O: •`f ` •t A RECEIVED . T0W)q CIERK 5 OFFICE F°ems • 7 TOWN OF NORTH ANDOVER VARIAWt 1 PM Z° 42 ZONING BOARD OF APPEALS TOWN OF NAME' Stephen J. Sarcia NOR Tl1 ANDOVER ADDRESS OF APPEAL: 93 (or 0) Bradford Street MASSACHUSET tS Town Gierk Tune Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(30)days priorto the first public hearing. PREPARATION OF LEGAL.NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to oast of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7' DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10)Xerox the decision,the Mylar,and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds,381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. -------------------- IMPORTANT W--W--WMW---W NNa WNNat+IMPORTANT PHONE NUMBERS: PAGE 1 of 4 97"88-9533 Office of Community Dev. &Services 27 Charles Street,North Andover,MA North Andover Town Hall 01845 120 Main Street 978-688-9542 fax for Community Development offices (Temporary Town Hall—400 Osgood Street) 978-688-9545 Building Department 978-688-9501 Town Cleric's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office Oct 03 05 10: 16a NORTH ANDOVER 9786889542 p. 3 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner. *Name, *Address and telephone number: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: S rcia 215 Ellis Road North Attleboro, Massachusetts 02760 617-594-8283 Years Owned Land: since January 28, 2005 3. Location of Property: a. Street: 93 (or 0) Bradford Street Zoning District: R-2 b. Assessors: Map number: 61 Lot Number: 2 C. Registry of Deeds: Book Number: q-1-j? Page Number: 117 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1 7.1.2, 7.2, 7.3 and Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Lot area, Lot width, Street frontage, Front, Side and Rear Yard Setbacks The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 8 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be gmited to the request by the applicant and wBl not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A-36160 N/A N/A % -50 0 -5 -18- —17 _.Q_ B. % Oct 03 05 10: 16a NORTH ANDOVER 9786889542 P, 4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 N/A NIA N/A N/A NIA 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft, Sq.Ft. Coverage Feet Spaces f=ront Side A Side 13 Rear 71 20 N/A N/A 100 2 25 12 13 +30 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43.560 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units" N/A "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor {Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units' 1120 2 21' 7" 2,240 One family dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with t plication_ The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve thejp ! cant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure t co ply wit pptication requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal b th Zoning rd of this application as incomplete. Signature: �Q it I Type above name(s) here: Peter S. Brooks Oct 03 05 10: 16a NORTH ANDOVER 9786889542 p. 5 PAGE40F4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a n Size of plan; Ten (10)paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance n)One(1)Mylar. from the requirements of MGLA ch.40A,Sec. 10.4 and Ell) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F, are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300'radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions In Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. S. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant,owner or record,and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk('). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: 'Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class,certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new constructioniconversion/and/or a (currently 37¢)xthe#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.B. Mailing labels:Applicant shall provide four(4) Major projects are those,which involve one of the sets of mailing labels no larger than 1'x2-5/8"(3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). I)five(5)or more parking spaces, II)three(3) or more dwelling units, 11.C. See 2005 Revised Fee Schedule. III)2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require,that in addition to the 10B& 1 (one)year if not exercised and a new petition must 10C features,that the plans show detailed utilities, soils, be submitted./ and topographic information. Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys, Jeffrey Musman,Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours IL I j J J .46 Step en Sarcia BOI 15740998.1/87813-000002 Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part-parties in Interest as used in this chapter std mean the petitioner, abutters,owners of land directly opposes any public or private way,and abutters to abutters within three hundred(380)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting car or town." Subject Property: MAP PARCEL Name Address 35 8 1211 Osgood Street 61 Brentwood Circle North Andover,MA 01845 Abutters Properties MAP PARCEL Name Address 34 12 Dorothea Barker 1267 Osgood Street North Andover,MA 01845 34 49 Forgetta Development LLC 1049 Turnpike Street North Andover,MA 01845 35 2 David Yue PO Box 457 North Andover,MA 01845 35 10 David Yue Trustee 1250 Osgood Street North Andover,MA 01845 35 56 Norman Wheaton 30 Old Farm Road North Andover,MA 01845 35 71 Richard Wolinsid 23 Old Farm Road North Andover,MA 01845 35 96 Christopher Maher 7 French Farm Road North Andover,MA 01845 35 97 Paul Aceto 11 Old Farm Road North Andover,MA 01845 35 105 Steven McManus 87 Barker Road North Andover,MA 01845 35 106 Frank Allied 75 Barker Road North Andover,MA 01845 35 107 Mark Bailey 63 Barker Street North Andover,MA 01845 page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of / / oA CertifiEdby: _Date bABUTTERS`n� LISTING r fft6 BOXFORD, MA OA:�� 2- 01 01 15 DALY STEVEN M TE ANNE G DALY 162 BRADFORD ST NO ANDOVER MA: 01 01 16 SOUSA JAY A TE SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 140 BRADFORD ST NO ANDOVER MA 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA Parcel Count: 6 CERT 10/06/05 1:15:44PM TOWN'OF NORTH ANDOVER Office of the Building DepArtment Community Development and Services "s 400 OspW Sure[ *- - North Andover,Mata(n � ".'�.•. r �sstt M cNael McCmire. Te]cp a(9n)698-4545 ]nlerim FAX(97S)6919,9542 I3siw"g CMM"imi mer Sepb=O=12,2005 GMg Carlson 15 Cafric Ave. Mctlmm.MA 01844 RE:0 Brgdford Street Dear W.Carlson. Plewa be advised frac ager findw romw by*A Town cfNordh Andow legal eoa uff it bas been determined that tic above w&reaood lot is act a bwIdable hit. Attached with this low is a copy of the letter that this dqtart=M bw received from the two attorney► in mprds to your pamd of laud. : in clwing it will be raWbW that a varianoo for lot seas will be needed fim tie Zoni*Board of Appeals in order to camtr ad ea this site. ' Should you ba ve any 5niha gaestim t racy be reached at 97"94545 4545 betvpM do hav a of 8:30 to I0:00 AM and 1:00 to M PM Mooday*900 Friday Respw&9Y bftbW McCh ire bdtarim Btialdmg C.am ar U1tS US&FIELOSTEEL,LLP 155 FEDERAL STREET BOSrox,MASSACHUSETTS 02110-1727 Tekphone 617-338-2200 Andover TF ws J.UaeIrs e-�� u-taw Com Telecopier 617-338-0122 Telephone 973 475-4552 August 24,2005 RECEIVED Raymond T. Santilli AUG 2 5 2005 Assistant Town Manager BUILDMI'B DEW. 120 Main Street North Andover,MA 01845 RE: 0 BRADFORD STREET Dear Ray: A,s you know, we have been asked for an opinion as to whether we concur with the _ determination by the Building Commissioner that the above-referenced lot, winch is in an R-2 zoning district and contains 7,400 square feet,is a buildable lot The current minimum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the i_6otnoation -,md tuateriais submitted b-;Ms. Griffin W us at dW bane* that Section :'.8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable lot. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held W separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to aay lot that was duly recorded by deed prior to January 9, 1957, provided that it'has a mina M=street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received Additional mformaton, specifically, a coptoy Of an Assessors' record card which contained reference to structures on the lot referred "camp" and a"garage", with the notation that tbey had burned on November 2, 1969. We have been unable to ascertain from the information provided to us wben these structures were built, but this opinion is based upon the assumption that the buildings were om the lot prior to 1942, when the fust zoning bylaw.was enacted. If that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings on this lot until. 1969 requires that a dift'erent analysis from that contained in tho April 26 letter be made as to whether the lot is now buildable.. ; While the fourth paragraph of G.L.Chapter 40A, Section 6,and Section 7.8 of the Bylaw apply to vacant non-conforming lots,.the reconstruction of a dwelling'on a nonconforming lot is `1�,� 4-0 6radfw{dx URBELIS&FffiL.DSTEEL,LLP August 24, 2005 Page 2 governed by the first para"h of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L.Chapter 40A,Section 6 provides in relevant part,that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by secti(m five, but shall alroly to anv reconstzuch extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a subs=tially greater =tag except where alteration,reconstruction, extensirnn or SUUctorsl change to a single or two-family residen=tial structure does not increase the nonconfomiung nature of said structure.... (Emphasis supplied) 'Ilse reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning BYIXw `Which provides: 9.4 Building after Catastrophe A.cv nonconforrraing building.or structure destroyed or damaged by fire, flood, - lightning, earthquake or wind to the extent of sixty-five percent(65/o)or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located,or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a noacouforming structure and reflem the desirability of eliminatingnonconforaities recognizedin Chapter 40A and applicable cases, uses' as an objective Which acknowledge "`...the eventual elimination of noneonfomung 41 underlying zoning regulations."' Dial Awav Co. v Zosrina Board of Auneal�o A Klass. App. Ct. 165, 170 (1996). See also v Board Inspector of wollesl of Igmart 28 v. M. 694, os. App. Ct. 547, 551 (1990) and S6rar�ulla v BuiUfina 697 (1970). Both G.L. Chapter,40A,Section 6 old Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and are applicable to the present situation. GJ, Chapter 40A,Section 6,Paragraph 4 provides: URBELTS&FIELDSTEEL,LLP August 24, 2005 Page 3 "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or wt used for a period of two years or more." Section 9.5 of the North Andover Zoning BY-law addresses the issue of abandonment as follows: 9.5 Abandonment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two years or more,.At shall daft continue to conform.... In the present situation,the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9:4 and Section 9.5 of the Bylaw,prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is cm4stem with the holding of the Massachusetts.Appeals Court in the case of Dial Away Co Inc vs Zoning Board of AwSah ofuA� bur cited above, which considered the question wbe&a an undersized lot remained a buildable lot twenty-thy Years after the demolition of a n0ncaaf0MWg dweUing. The Appeals Court held that under the local by-law, the buildin&M were ,jbandMe&,..at the time of their demolition and that, therefore, they. lost their"grandfathered"status two years later. Iu so bolding,the Court held that"...it would bd anomalous indeed to construe [the Auburn by=law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintiff's au dmized lot bec=ause of'the happenstance that in 1944 a house was built that conformed to the then existing bylaw." Dial Away Co..,IUc., su at 170. Nothing in the recently decided case of Bransford.v. Zoning Board of Appeals of down(August 12,2005)would appear to alter this conchision. Therefore, our further analysis of the additional facts concerning the existence and demolition of a residence on this tot lead to the opinion that the lot is not a"81231dfathered's lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeal& Very truly yourss to 1"4b: Thomas JoJrbelis TJUAmip cc: Mark Rees Michael McGuire Nov 09 05 10: 11a NORTH ANDOVER 9786889542 p. 14 rJRT1Y�• 'Town of North A.lulover r� �(T�l�stullp t�•.r.o r..Y� ommu.nity Developnieirt and Services Divisie la'j€ 1 } -, Te . Office of the Zoning;Board of r1 ppeals �4(h)Osgood Strrel 2005 NOV 15 l;` North AlldOvvr, ?VTJS5il('hU%('lts O"L'i45 (icrll(1 A. Bl'0�1'Fl Telcphom (978)688-9541 g 1 �r Z 4. Fax 1978)t88-9i42 NORTH IllSpC%101'OP 1311tldulpMASSACH Date TO: Town of North Andover Zoning Board of Appeals 400 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 peci Permit Comprehensive Permit (40B) Finding for property located at: nnj STREET. MAP: �p PARCEL: TOWN: TO MEETING DATE(S): Dec I �er- ee, � 3 NAME OF PETITIONER: �e he-n V r Signed: �' J Peter Brooks, Esq. Petitioner(or petitioner's representative) it W N NOV 15 2006 aRR-9�=11 L'uil.linl;9?:+-tr>1R�lS.}� (;.,u..:natinn•'7:,.�:,t.ry,3(i IL::YIth'.7;:_Y•:;�) ,I) I'lannin. ,• BOARD OF APPEAL -- �T"+ Town of North Andover Town Clerk Time Stamp Community Development and Services Division RECEIED Office of the Zoning Board of Appeal11 s - ;; ; .`ERKv 400 Osgood Street North Andover,Massachusetts 01845 2805 NOV 21 PH fit 25 Gcra ld A.Brom i rt Telephone (978)688-9541 h spector ofBididisli s Fax (978)688-9542 ;f,' t Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Property at: 93(or 0)Bradford Street(Map 61,Parcel 2), NAME: Stephen J.Sarcia,215 Ellis Road,North HEARING(S): November 8,2005 Attleboro,MA 62760 ADDRESS: for premises at: 93(or 0)Bradford PETITION: 2005-032 Street(Map 61,Parcel 2), North Andover,MA 01845 TYPING DATE: November 18,2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,November 8, 2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street;North Andover,Massachusetts upon the application of Stephen J.Sarcia,215 Ellis Road,North Attleboro,MA 02760,for premises at:93 (or 0)Bradford Street(Map 61,Parcel 2),North Andover requesting a Finding by the Zoning Board of Appeals that the parcel is a buildable lot pursuant to Section 7,Paragraph 7.8 of the Zoning Bylaw;and a dimensional Variance from Section 71 Paragraphs 7.1,7.1.2,7.2,7.3,and Table 2 of the Zoning Bylaw for relief of lot area,lot width,street frontage,and front,side,and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune on October 24&31,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R Webster. The following non-voting members were present: Thomas D.Ippolito,Richard M. Vaillancourt,and Daniel S. Braese, Upon a motion by Richard J.Byers and 2nd by Albert P.Manzi,111,the Board voted to uphold the Building Inspector's letter of September 12,2005 and DENY the Finding of the party aggrieved. The Board finds that Section 7,Paragraph 7.8 does not apply to this parcel because the Bradford Street parcel,Map 61,Lot 2 was not a vacant lot. The Board finds that the Board of Assessors'property record card for Bradford Street,Ass'rs Plan No.61,Ass'rs Lot No.2,Total Area 7400,notes"camp"or"main house"and garage "burned 11/2/69". The Board finds that the structures were not rebuilt by November 2, 1971 therefore the non-conforming use and non-conforming buildings were abandoned per Section 9,9.5 of the Zoning Bylaw and Mass. Gen.L.40A, §6,¶3. Voting against the Finding appeal: Ellen P.McIntyre,Joseph D.LaGrasse, Richard J.Byers,Albert P.Manzi,III,and David R.Webster. Upon a motion by David R Webster and 2nd by Albert P.Manzi,111,the Board voted to continue the Public Hearing for the Variance. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,ITI,and David R Webster. Town of North Andover Board of Appeals, Ellen P.Mclntyr ,Chair Decision2005-032. M61P2. Oct - 03 05 10: 16a NORTH ANDOVER 9786889542 p. 2 N Ara RECEIVED K"S OFFICE TOWN CLER *ss Fr TOWN OF NORTH ANDOVER VARIAWuEI I Phi 2: 42 ZONING BOARD OF APPEALS TOWN OF NAME Stephen J Sarcia N ANOOVItI ADDRESS OF APPEAL: 93 (or 0) Bradford Stteet MASSACM)t c Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days priorto the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zonin2 Board of an ap2lication as incomplete, notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the STEP 8• PUBLIC HEARING BEFORE THE ZONING Building Commissioner. BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4,section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND.PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten (10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA,and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Clerk's Office,and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. .x.t.YYaNa,YaNMauu...a..aYu.wN...i...uNW.uMua.Y..aYY.NaMwu..u.uW..a.iY,.V.YYM+.....W W•Y..uuulf{p+M.MMWYM.YW.Y.N.a...WMM.W.M.'...'WM� IMPORTANT PHONE NUMBERS: PAGE 1 of 4 978-688-9533 Office of Community Dev. &Services 27 Charles Street,North Andover,MA North Andover Town Hall 01845 120 Main Street 978-688-9542 fax for Community Development offices (Temporary Town Hall—400 Osgood Street) 978-688-9545 Building Department 978-688-9501 Town Cleric's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office Oct , 03 05 10: 16a NORTH ANDOVER 9786889542 p. 3 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: St"he J Sar is 215 Ellis Road North Attleboro, Massachusetts 02760 617-594-8283 Years Owned Land: since January 28 2005 3. Location of Property: a. Street: 93 (or 0) Bradford Street Zoning District: R-2 b. Assessors: Map number: 61 Lot Number: 2 C. Registry of Deeds: Book Number. 9'11 _ Page Number: 117 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1 7.1.2, 7.2, 7.3 and Table 2 ;Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Lot area, Lot width, Street frontage, Front, Side and Rear Yard Setbacks The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A-36160 N/A N/A % -50 0 -5 -18 _17 0 - B. % Oct , 03 05 10: 16a NORTH ANDOVER 9786889542 p. 4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 N/A NLA N/A N/A N/A 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq, Ft, Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7,., R�0 N/A N/A 100 2 25 12 13 +30 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43,560 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** N/A *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in buildings). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units' 1120 2 21' 7" 2,240 One family dwelling 1 *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with th' pplication. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the pp cant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure t co ply wit pplication requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal b th Zoning and of this application as incomplete. Signature: Type above name(s) here: Peter s Brooks I� Oct .03 05 10: 113a NORTH FINDOVER 9786889542 P. 5 PACE a of 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: paper copies of a plan Size of {an: Ten (1D)pap p P Application for a Variance must be supported by a n p „_ , PP legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1 .-4D detail all facts relied upon. When requesting a Variance H)One(1)Mylar. from the requirements of MGIA ch. 40A,Sec. 10.4 and EM Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F, are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300'radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions lb Legend & Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant,owner or record,and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance_ F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk('). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: 'Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841°for the cost of first class,certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch.40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x.the#of parties of interest on the proposed change in use. abutter's list forthe decision mailing. 10. A. Major Projects 11.B. Mailing labels:Applicant shall provide four(4) Major projects are those,which involve one of the sets of mailing labels no larger than IW-5/8' (3 copies following whether existing or proposed: for the Legal,and one copy for the Decision mailing). I)five(5)or more parking spaces, 11.C. See 2005 Revised Fee Schedule. II)three(3) or more dwelling units, III)2,000 square feet of building area. ► A Variance once granted by the ZBA will lapse in Major Projects shall require,that in addition to the 10B& 1 (one)year if not exercised and a new petition must I OC features,that the plans show detailed utilities,soils, be submitted./ and topographic information. Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys, Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance, including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours LJ j Step en Sarcia BO1 15740998.1/87813-000002 Abutter to Abutter( x ) Building Dept, ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 35 8 1211 Osgood Street 61 Brentwood Circle North Andover,MA 01845 Abutters Properties MAP PARCEL Name Address 34 12 Dorothea Barker 1267 Osgood Street North Andover,MA 01845 34 49 Forgetta Development LLC 1049 Turnpike Street North Andover,MA 01845 35 2 David Yue PO Box 457 North Andover,MA 01845 35 10 David Yue Trustee 1250 Osgood Street North Andover,MA 01845 35 56 Norman Wheaton 30 Old Farm Road North Andover,MA 01845 35 71 Richard Wolinski 23 Old Farm Road North Andover,MA 01845 35 96 Christopher Maher 7 French Farm Road North Andover,MA 01845 35 97 Paul Aceto 11 Old Farm Road North Andover,MA 01845 35 105 Steven McManus 87 Barker Road North Andover,MA 01845 35 106 Frank Altied 75 Barker Road North Andover,MA 01845 35 107 Mark Bailey 63 Barker Street North Andover,MA 01845 page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Certifi d by: f' Date ABUTTERS LISTING �-Q t BOXFORD, MA 01 01 IS DALY STEVEN M TE ANNE G DALY 162 BRADFORD ST NO ANDOVER MA 01 01 16 SOUSA JAY A TE SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 140 BRADFORD ST NO ANDOVER MA 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA Parcel Count: 6 CER• 10/06/05 1:15:44PM 01845 162 BRADFORD ST 01845 150 BRADFORD ST 01845 140 BRADFORD ST 01845 128 BRADFORD ST 01845 114 BRADFORD ST 01845 102 BRADFORD ST rlFIED- COPY Page 1 ABUTTERS LISTING 5t (�L BOXFORD, MA 01 01 15 DALY STEVEN M TE ANNE G DALY 162 BRADFORD ST NO ANDOVER MA 01845 162 BRADFORD ST 01 01 16 SOUSA JAY A TE SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01845 150 BRADFORD ST 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 140 BRADFORD ST NO ANDOVER MA 01845 140 BRADFORD ST 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01845 128 BRADFORD ST 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01845 114 BRADFORD ST 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA 01845 102 BRADFORD ST Parcel Count: 6 t CEI OFIFIEDCOP'S 10/06/05 1:15:44PM Page 1 TOWN OF NORTH ANDOVER o�*+►o�m�+ Office of the Building Department o•�� �`-`�� Community Development and Services 400 Osgood Stmt " t Worth A"dmr,Mamachasctba 018IS - �a�cNa�` M�cikfei MCCnirc. TcJcpl qnc(979)08-4545 Interim FAX(973)[9Q-9542 f7aaWrIg Comminioner Sepftibcr 12,2005 Gm Carwa 15 Citric Ave. Mcthaeo.MA 01844 R£:0 Bmdfvrd Sheet Dear Mr.Carlsoc. Please be advised that aster fnrtber mview by the Town ofNa*Andlove r legal wand it has been dd mined that the above rehirenced JPt is rut a bwfidlable lot. Attached with tbas kw is a salty of the letter that this departUwA bass received from the trowa attorney► in r pWo toyour paved ofbod. In dositsg it will be that a varbace for lot am will be needled fix=the&wing Board of Appeals iu order to construct on this site. Should you bane any firdw gaesdoes 1 may be readad at 97& It-9545 bdv=the hours of 8:30 to 10:00 AM and 1:00 to 2:00 PM Monday thTomb Fviday- RespoctdlY Michael.McGuire kwim Bmlding Coronet• URSEUS&.FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACRUSEWS 02110-1727 'Fel hone 617-338-2200 Andover 7 fa WAS J.URULTS _ Tel hone M-475-4552 ail 'u -aw.com Telecapier 617-338-0122 e-mail ti&atL—_ August 24,2005 RECEIVED AUG 2 5 2005 Raymond T. Santilli Assistant Town Manager BUILDING DEPT. 120 Main Street Nortb Andover,MA 01845 RE; 0 BRADFORD STREET Dear Ray: As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above-referenced lot, which is in an R-2 zoning district and contains 7,400 square feet,is a buildable lot. The current manimum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffm and expressed the view, based upon the i_ifoanatior, -ad materials submitted by Ms. Griffin t* US at that time, that Section ':.8 of the Nortb Andover Zoning By-law was applacablc to this situation, and that the lot was a buildable lot. As we stated in our letter of Apri) 26, 2005, Section 7.8 applies to vacant lots which have been held w separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to any lot that was duly recorded by deed prior to January 9, 1957, provided that it'has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received additional info nation, spc6ficauY,a copy of an Assessors' record card which contained reference to strwb= on the lot referred to as a -,camp" and a"garage",with the notation that tbey had burned on November 2, 1969. We have been unable to ascertain from the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings >n= Oxtt, a lot prior let t know- with when the first zoning bylaw,was enacted. if that assumptionwires that a With that assumption, the fact that there were buildings on tkrits lot until 1969 req different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable.. ; While the fourth paragraph of G.L.Chapter 40A, Section 6,and Section 7.8 of the Bylaw apply to vacant non-conforming lots,.the reconstruction of a dwelling•on a nonconforming lot is aW.araaax i UnELIS&RELDSTEEL,LLP August 24,2005 page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L.Chapter 40A,Section 6 provides in relevant part,that: Except as bereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfWly begun, or to a building or special permit issued before the fxtst publication of notice of the public hearing on such ordinance or by-law required by section five, but shall a 1 tv an reconstruction extension or structural change of such structure begun after the fust notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration,reconstruction, extension or structural change to a single or two-family residential structure does not increase the noncoafonning nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or anther catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw,which provides: 9.4 Building after Catastrophe Any nonconforming building.or structure dewoyed or damaged by fire, flood, lightning, earthquake or wind to the exterit of sixty-five percent(65°/a) or more of its reproduction cost at the time of such damage shall not be rebuilt, aired, reconstructed nor altered except for a purpose permitted in that zoning district which such building is located,or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Claaptcr 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflecls the desirability of eliminating nonconformities recognized in Chapter 40A and applicable cases, which acknowledge "'...the eventual elimination of nonconforming uses as an objective underlying zoning regulations.°„ Dial Awav Co nc v ZWW Board of A eals o Auburn 41 Mass. App. Ct. t65, 170 (1996). See also p w m v. Board of Heal of Chrlm 28 Mass. App. Ct. 547, 551 (1990) and Strazzu a v. Buildin ctor of Wellesl 357 Mass. 694, 697 (1970). Both G.L. Chapter, 40A,Section 6 and Section 9.5 of the North Andover Zoning By--law address the issue of abandonment and am applicable to the present situatim , G.L. Chapter 40A, Section 6,Paragraph 4 provides: i F U$.BELIS&FIJELDSTEEL,LLP August 24, 2005 Pagc 3 "A. zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more:' Section 9.5 of the Nor% Andover Zoning By-law addresses the issue of abandonment as .fellows: 9.5 Abandonment If any lawfully non-confonning building or use of a building or land be at any time discontinued for a period of two years or more,...it shall thercafter continue to conform.... In the present situation,the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9:4 and Section 9.5 of the Bylaw prohibit the issuance of a building permit fora building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the molding of the Massachusetts.Appeals Court in the case of Dial Away Co vs Zoning Boan'd of Armeals of Auburn, cited above, wbich considered the question whether an nndersixed lot remained a buildable lot twenty-three years after the demolition of a nonconforming dwelling. The Appeals Court held that under the local by-law, the buitidings were "abandoned".at the time of thel*dernnlitiom and tbat, thereftwe, they, lost their"grandfathered"status two years later. In so holding,the Court held that"...it would be anomalous indeed to construe (the Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintiff's undersized lot because of the happenstance that in 1944 a house was built that conformed to the then existing by-law•" Dial Away Co-._Inc•, st at 170. Nothing, in the recently decided case of Bransford v. Zoning Board of AMeals of Ed_�own(August 12,2005)would appear to alter this conclusion. Therefore, our further analysis of the additional facts concerning the existence and demolition of a residence an this lot lead to the opinion that the lot is not a"grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. very truly yours, � e Thomas J tbelis TJIJllanp cc: Mark Rees Michael McGuire Oot 04 ,05 02: 10p NORTH ANDOVER 9786889542 p. 2 Town Clerk Time SUMP yOfiTff RECEN IF oFFICE eq 't7 +ns FINDING 1ss 1 £ 2005 OCT t i PPi � TOWN OF NORTH ANDOVER TOWN OF ZONING BOARD OF APPEALS NORTIi tNZ V=` NAME: Stephen J. Sarcia MASSAcHUSE RESS ADDOF APPEAL: 93 (or 0) Bradford Street Procedure & Requirements for. an Application for a Finding Ten(10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cast of the Party in Interest fee. petitioner will complete items that are_underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPERThe petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: FINDING APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Finding. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's STEP Q: OBTAIN LIST OF PARTIES IN INTEREST: decision may made pursuant to Massachusetts The petitioner requests the Assessor's Office to compile General Law ch. 40A§ 17,within twenty(20)days after a certified list of Parties in Interest(abutters). the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: REGORDING THE DECISION AND PLANS. Petitioner submits one(1) original and ten(10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time County, North Registry of Deeds, 381 Common St., and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Certification of Clerk's Office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. Y{t1Y/ILIYLILY1YluYYfilltl/{Yf44/LLLLYLYIYfYWLLLYLLLLLLY{tYYL1YYLYY1LfLWLLY4WLL+YYIYLYYYYYYINLLYLYYIYYYLY1YY11 W LIILYLW L{YIYILYLLYYILLYIYfL1Y1YtYLYLitLILL� IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-688-9533 Office of Community Dev. &Services 120 Main Street 400 Osgood Street 978..688-9501 Town Clerk's Office North Andover, MA 01845 ent of 978-688-9542 fax for Community Developmfices 978-688-9566 Assessor's Office li 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Oct 04 +05 02: 10p NORTH RNDOVER 9786889542 p. 3 PAGE 20F4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING Please comp tete al! items 1 -10 below: • *Address and tele 1. Petitioner. Name, Addr hone number:s p is Road North Attleboro Massachusetts 02760 Ste hen J. Sarcia, 215 Ell 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: North Attleboro, Massachusetts 02760 Ste hen J. Sarcia, 215 Ellis Road, 617- 594-8283 Years Owned Land: since January 282 2005 3. Location of Property: a. Street: 93 oro Bradford Street Zoning District: R-2 Lot Number: 2 b. Assessors: Map number: 61 9332 Page Number: 11 c. Registry of Deeds: Book Number: g 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7,1, 7,1,2, 7.2, 7.3 and Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building commissioner. 5. Describe the Finding request: Ruling that pursuant to Section 7.8 the lot is a buildable lot. See A tachment. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure:by the apPlicant to describe the request �Y may result in a decision that does not address the intent of the applicant The decision will be limited to the request by the app not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet Spaces N/A % -50 A.-36;160 N A — Oct 04 ,05 02': 10p NORTH RNDOVER 9786889542 p. 4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N DI N G 6 B. Existing Lot: Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A _—EL— 100 N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 2 25 12 13 _+30 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Front Side A Side B Rear Sq.Ft. Sq. Ft. Coverage Feet Spaces 43,560 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Use of Number U Ground Floor Number of Height Total Use of * of l NW' Square feet Floors Sq.feet 9 N/A *Reference Uses from the Zoning Bylaw&Table 1. —State number of units in building(s). 7B. Proposed Building(s): number Ground Floor Number of Height Total Use of g* of Units" Square feet Floors Sq.feet Building* 1,120 2 21' 7" 2,240 One family dwelling 1 -Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this ap - tion. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals he appli nt rom this responsibility. The petities and Regulations may oner shall be responsible for all expenses for filing and legal does not absolve t notification. Failure to co ply ith applic n requirements,as cited herein and in the Zoning Board Rut result in a dismissal by t e Zo ing Board this application as Incomplete. Signature: T e above names here: Peter s. Brooks Oct 04 05 02: I1p NORTH ANDOVER 9786889542 p, 5 PAGE 4 of 4 FINDING 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon.All dimensional requirements shall be *10. C. *Features To Be Included Can Plan: clearly identified and factually supported when requesting a Finding from the requirements of MGLA ch. i) Site Orientation shall include: 40A, and the North Andover Zoning Bylaws. All points, 1. north point A-C,are required to be addressed with this 2. zoning district(s) application. 3. names of streets 4. wetlands(if applicable) 5. abutters of property,within 300'radius A. The particular use proposed for the land or 6, locations of buildings on adjacent properties structure. within 50'from applicants proposed structure B. Fact(s) relied upon to support a Finding that the 7. deed restrictions, easements. proposed extension or alteration shall not be more 1.1)Legend& Graphic Aids: substantially detrimental than the existing non- 1, Proposed features in solid lines&outlined in red conforming use. 2. Existing features to be removed in dashed lines C. Address all appropriate details of the Building 3. Graphic Scales Commissioner's denial. 4. Date of Plan 5. Title of Plan 6. Names,addresses, and phone numbers of the 10. PLAN OF LAND applicant, owner of record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans must be submitted with this application to the Town 10. D. Minor Projects Clerk's Office and ZBA secretary at least thirty(30) days Minor projects,such as decks,sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an asterisk("). In some cases further information may A set of building elevation plans by a Registered be required Architect may be required when the application involves new construction/conversion/and/or a 41. APPLICATION FILING FEES proposed change in use. 11.A. Notification fees:Applicant shall provide a check or money order to Town of North Andover- 10. A. Major Projects #022-1760-4841"for the cost of first class,certified, Major projects are those which involve one of the return receipt ($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGIA ch. 40A§11 on the 1)five (5) or more parking spaces, abutter's list for the legal notice check. Also,the 11)three (3) or more dwelling units, applicant shall supply first class postage stamps 111)2,000 square feet of building area. (currently 37�)x the#of parties of interest on the Major Projects shall require, in addition to the 10B. & 10 abutter's list for the decision mailing. C. features,that the plans show detailed utilities, soils. 11 B Mallin labels:Applicant shall provide four(4) and topographic information. sets of mailing labels no larger than 1"x2-518"(3 copies *10. B. *Plan Specifications: for the Legal mailing and one copy for the Decision t) size of pian: Ten (10 ) paper copies of a mailing). ed scale of ed 1 1 x17 preferred plan not to exceed � p 11.C. See 2005 Revised Fee Schedule. 1 '=40� it) one (1) Mylar. 111) The plan must be prepared by a Registered Professional Engineer and/or Land Surveyor,with a block for five (5)ZBA signatures and date indicated on the Mylar. 93 (or O) Bradford Street The lot of land in question, know as and numbered 93, but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13, 1940 . At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2 , in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors' record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2, 1969. There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7 . 8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7 . 8, and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2 , 1969, Section 7 . 8 of the Bylaw is still applicable. Unlike the bylaw in Dial Away Co. Inc . v. Zoning Board of Appeals of Auburn, 41 Mass .App.Ct . 165 (1996) , the provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c. 40A, §6, and thus one can not conclude, as did the court in Dial Away, that Section 7 . 8 applies only to vacant lots . B01 15741427.1 / 87813-000002 Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6,2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys, Jeffrey Musman,Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours -1470�1 4 IWX4 L Stephen Sarcia BOi 15740998.1/87813-000002 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section t 1 states in part Tarties in Interest as used in this chapter shag mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town.' Subiect Property: MAP PARCEL Name Address 61 2 James Francis Kadishian 93 Bradford Street North Andover,MA 01845 c/o Stephen Sarcia Abutters Properties Mao Parcel Name Address 61 1 William Hansen 103 Bradford Street North Andover,MA 01845 61 3 Timothy Gaudette 145 Bradford Street North Andover,MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover,MA 01845 61 51 Steven Daly 162 Bradford Street North Andover,MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01845 61 53 Joan Gitlin 116 Bradford Street North Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 60 Felix Layne 128 Bradford Street North Andover,MA 01845 61 65 William Hansen 103 Bradford Street North Andover,MA 01845 61 103 Town of North Andover 120 Main Street North Andover,MA 01845 Date 10/5/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of r reap 1, Certified Date 'c ���� ABUTTERS LISTING BOXFORD, MA 01 01 15 DALY STEVEN M TE ANNE G DALY 162 BRADFORD ST NO ANDOVER MA 01845 162 BRADFORD ST 01 01 16 SOUSA JAY A TE SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01845 150 BRADFORD ST 01 01 17 HEINZE ROBERT W JT CATHERINE HEINZE 140 BRADFORD ST NO ANDOVER MA 01845 140 BRADFORD ST 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01845 128 BRADFORD ST 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01845 114 BRADFORD ST 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA 01845 102 BRADFORD ST Parcel Count: 6 CER. -T. IFIED, COPY 10/06/05 1:15:44PM Page 1 TOWN OF NORTH ANDOVER Office of the Building Department •?��_ . -abs Community Development and Services41 "* 400 0sped street P; •+ North Andover.Ma%9wtmsetts 0180 • �, say.,. i M.iclk�el McCn�ire. Zckplicmc(9'Ti3)688-95115 Interim PAX(974)644-9542 8'a"ng Commmone, September 12,2005 GM Carlson 11 Care Ave. Mme.MA 01844 RE:0 Bedford Street Dear W.Carbon, Please be advised that ager fntther review by the Town ofNoOb A WaM lepl wand it has been deh:rn imd deet the:above referenood tat is not a bmMabk lot. Attached with this letter is a Copy of the letter'drat this dMartmmt lw received fmm the town attorney in regards toy=paned Mead. In clog it will be Mpiped tW a variance for lot am will be needed from the Zoning Huard Of Appeals in order to cvostruct are this site. Should you have any fuathe r goesuaw 1 may be te�od at 978-09-9345 betwem the hours of 8:30 to 10.00 AM and 1:00 to 2:00 PM may Respeeffully, A w P t� Michael MCLivire frim Btnlding Cana URHEi..1s&FIELDSTEEL,LLP 155 FEDERAL STREET Bos-roN,MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Andover TxmmmAs J.UR6ELT3 'telephone 978-475-4552 e-mail clu&-aw.com Telecopic[617 33$-0122 August 24,2005 RECEIVED AUG 2 5 2005 Raymond T. Santilli Assistant Town Manager BUILDING DEPT. 120 Main Street North Andover,MA 01845 RE: 0 BRADFORD STREET Dear Ray: As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above-referenced lot, which is in as R-2 zoning district and contains 7,400 square feet,is a buildable lot. The current minimum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the i_ifoanatiort -,md tuatmials submitted by Ms. Griffin to us at that times that Section '7.8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable let. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have provides that the residential lot areas and frontage in'Table been held w separate ownership and 2 of the Bylaw do not apply to aay lot that was duly recorded by deed prior to January 9, 1957, provided that it'has a mivaimum street frontage of 50 feat and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received addwWoual inf ,dation, specifically, a copy of an Assessors' record card which contained reference to structures on the lot referred to as a °lcampp" and a"garage", with the notation that they had burned on November 2, 1969. We have been unable to ascertain firm the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings were ora the lot prior to 1942, when the first zoning bylaw.was enacted. if that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now... buildable. . . While the fourth paragraph of G.L.Chapter 40A,Section 6,and Section 7.8 of the Bylaw i apply to vacant non-conforming lots,.the reconstruction of a dwelling on a nonconforming lot is UUELIS&FI.BLDSTEEL,LLP August 24, 2005 page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A,Section 6 provides in relevant part,that: Except as hereinafter provided, a Zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by section five, but shall lv to env recon4tructian extjendon or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration,reconstruction, extension or stmctiu-al change to a single or two-family residential structure does not increase the nonconforn ing nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw,which provides: 9.4 Building after Catastrophe A.ny nonconforming building.or structure destroyed or damaged. by fire, flood., lightning, earthquake or wind to the extent of sixty-five percent(650/9)or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning distract m which such building is located,or except as may be permitted by a Special-Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the desirability of eliminating nonconfornmities recognized in Chapter 40A and applicable cases, which acknowledge "'...the eventual elimination of nancorrfaRming uses' as an Objective ly�g zoning regulations,'» Dial Away Cn Lnc v Zoning Bounderard of A eels o Aub 41 Mass. App. Ct. 165, 170 (1996). See also Dowlin¢v Board jug r o f Welle f Chamar& 215 mass. 357 Mass. 694, 697 App. Ct. 547, 551 (1990) and Strazzulla v But (1970). Both G.L. Chapter, 40A,Section 6 and Section 9.5 of the North Andover Zoning By-lav' address the issue of abandoranent and are applicable to the present situatim G.L. Chapter 40A,Section.6,Paragraph 4 provides: I U.RBELis&FIELDS-MEL,LLP August 24, 2005 Page 3 "A. zoning ordinance or by-law may define and regulate nouconfonniug uses and structures abandoned or not used for a period of two years or more:' Section 9.5 of the Nordi Andover Zoning By-law addresses the issue of abandonment as .follows: 9.5 Abandonment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two years or more,...it shall thereafter continue to conform.... In the present situation,the dwelling on this lot was apparently destroyed by fire in 1969. Both Section, 9A and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the holding of the Massachusetts Appeals Court in the case of Dial Away Co. Zoning Baud of eats of Auburn, cited above, which considered the question whether an undersized 10t remained a buildable lot twenty-three years after the demolition of a nonconforming dweUing. The Appeals Court held that under the local by-law. the buildings were"abandoned at the time of their demolition and that, therefore, they, .lost their"grandfathered"status two years later. In so holding,the Court held that"...it would bd anomalous .indeed to construe (the Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintif rs undersized lot because of the happenstance that in 1944 a house was built that confomed to the then existing by-law." Ihal Awav Co. c. at of 170. Nothing, in the recently decided case of Bransford v Zoning Board of Agp_�___ E (August 12,2005)would appear to alter this conclusion. Therefore, our further analysis of the additional facts concerning the existence and demolition of a residenceon this lot lead to the opinion that ft lot is not a"grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. Very truly yours, . J"44&c:t(�tC Thomas J rbelis TJU/kmp cc: Mark Rees Michael McGuire „ORT” , ,�tio Town of North Andover Town Clerk Time Stamp Community Development and Services Division, L CEIVED o f:. Office of the Zoning Board of Appeals O ' . CHU5 400 Osgood Streets" r;kY } Curt T. Bellavance, North Andover,Massachusetts 01845 2005 OCT 14 Pt 1: 53 Director of Community Telephone (978)688-9541 Development Fax (978)688-9542 TO W11 Or' NORTH Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 8`' of November 2005 at 7:30 PM to all parties interested in the appeal of Stephen J. Sarcia, 215 Ellis Road, North Attleboro, MA 02760, for premises at: 93 (or 0) Bradford Street (Map 61, Parcel 2), North Andover requesting a Finding by the Zoning Board of Appeals that the parcel is buildable lot pursuant to Section 7, Paragraph 7.8 of the Zoning Bylaw; and a dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief of lot area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R-2 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on October 24 & 31,2005. Legalnotice 2005-032. M61P2. r3oard of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9534 Health 978-688-9540 Planning 978-688-9535 t 7 SEYFAl�TH AT TO R N E Y SJAW World Trade Center East LLP r 1ClVEt t 0 W;'; r R K'S C F kr!v E Two Seaport Lane 2005 OCT 28 AM 10: 2+j; Suite 300 Writers direct phone Boston,MA 07110-2028 �,�er , pa 617-946-4973 �°` }� 9 617 946 4800 NOR-1 HN . Writer's e-mail {` AoSS SOC b;_r: fax 617-946-4801 dbarone@seyfarth.com wwwseyfartti.com October 27, 2005 w m VIA FEDERAL EXPRESS v d Ms. Michel Glennon 7 Town of North Andover ° Office of the Zoning Board of Appeals N 400 Osgood Street 3 North Andover,MA 01845 0 U Re: 93 Bradford Street, also known as 0 Bradford Street U Application for Finding and Application for Variance Z Z a Dear Michel: I am enclosing 22 copies of the following documentation,with reference to the above o captioned matter: U Q N 1. Letter of authorization; 2. Deed for property; 3. North Andover Abutters List; ° 0 4. Boxford Abutters List; Z 5. Narratives for each application. W I will be hand delivering the Mylar's with paper copies early on Tuesday,if I can get the Z cooperation I need. As always thank you for your time and assistance and please do not hesitate to N call me with any questions. 2 Cordially, Z SEYFARTH SHAW LLP ° N Donna M.Barone o Paralegal dmb enclosures Z 0 cc: North' " dover Town Cl Q Z Q Q BO 15744805.1/87813-000002 T Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6,2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman,Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours oz.. I j Stephen Sarcia BOl 15740998.1/87813-000002 BK 9332 PG 117 QUITCLAIM DEED We, Francis James Kadishfan and Cheryl Ann DeJean of the State of Florida For consideration paid of One Hundred Twenty-Five Thousand and 0014 00 ($125,000.00) Dollars Grant to Stephen J. Sarcia Of 19 Abbott Run Valley, Cumberland, RI 02854 rn CA ti With qurrCLAIM COVENANTS rnwrnzrn A certain parcel of land, situated in North Andover, County of Essex and the sU Commonwealth of Massachusetts, and described as follows: vi= �o D Beginning at a stone bound on the westerly side of Bradford Street in said Nor%=rn Andover, about opposite the residence of the late Nathaniel Gage; N o Thence running Southerly one hundred (100)feet to the land formerly of the said Nathaniel Gage; Thence turning at an angle of ninety(90") degrees forty-three (43") minutes and o running south sixty-five (650) degrees W. one hundred forty-eight (148)feet to a w stone bound; —? co Thence turning at an angle of thirty-three (33")degrees and forty-seven (47") w minutes and running north thirty-one (310)degrees E, one hundred seventy-nine t_A and 5110 (179.5)feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being all and the same premises conveyed to us by deed of Harry Kadishian dated December 17, 1990, recorded with Essex North District deeds in Book 3200, Page 235. s_ r` Sir 7— q eri� r,- 1 `.5�ro, r« BK 9332 PG 118 Witness our hands and seals thiuq tay of A ', 2005. itnesses Kadishian 0AA.jeanCheryl n De STATE OF FLORIDA County: On this day of , 2005, before me, the undersigned notary public, rsonally ap red Francis James Kadishian, proved to me through sati dory eviden of identification, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpo 71 a • MY COWNdIS310N t DD 18M tcial signature n seal of notary) OPM.Aln'f0,W J y Commission expires STATE OF FLORIDA County: OGI� On this ay of 4W dbd4 2005, before me, the undersigned notary public, p onally app d Cheryl Ann DeJean, proved to me through satisfactory avid ce of identific5tion, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ew,& /T' /Z 4Y-j� 611"i al signature seal of notary) My Commission expires ua . Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT; MGL 40A,Section 11 states In part'Parfies in interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppcetteon any public or private xray,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that Bre land of any such owner is located in another city or town,the planning board of the Gly or town,and the planning board of every abutting city or town.' Subiect PrOREII; MAP PARCEL Name Address B1 2 James Francis Kadishian 93 Bradford Street North Andover,MA 01845 clo Stephen Sarcia Abutters Prooertfes Man Parcel Name Address 61 1 William Hansen 103 Bradford Street North Andover,MA 01845 61 3 Timothy Gaudette 145 Bradford Street North Andover,MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover,MA 01845 61 51 Steven Daly 162 Bradford Street North Andover,MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01845 61 53 Joan Giffin 116 Bradford Street North Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 60 Felix Layne 128 Bradford Street North Andover,MA 01845 61 65 William Hansen 103 Bradford Street North Andover,MA 01645 61 103 Town of North Andover 120 Main Street North Andover,MA 01845 Date 1015!2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Date Certified �� )T .� ABIITTLRS LISTING BOXFORD, MA 01 01 15 DALY STEVEN N TE ANNE G DALY 162 BRADFORD ST NO ANDOVER NA 01845 162 BRADFORD ST 01 01 16 SOUSA JAY A T8 SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01845 150 BRADFORD ST 01 01 17 HSINZE ROBERT W JT CATHERINE Hl3INZE 140 BRADFORD ST NO ANDOVER MA 01845 140 BRADFORD ST 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01845 128 BRADFORD ST 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01845 114 BRADFORD ST 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA 01845 102 BRADFORD ST Parcel Count: 6 RTIFIE R 10/06/05 1:15:44PM Page 1 i 93 (or 0) Bradford Street (Finding) The proposed use is as a single family dwelling, a use allowed as-of-right in the zoning district . The lot is currently vacant and I submit has been vacant since at least 1940 . Since enactment of zoning in north Andover, the lot has always been intended to be used as a single family dwelling. Thus, the use will not be substantially more detrimental . Under Section 7 . 8 of the Bylaw, the lot can have built upon I as-of-right a single family dwelling of the size and with the setbacks proposed by my application for a building permit . Thus, the proposed structure cannot be substantially more detrimental than any other single family structure allowed to be built on the lot as-of-right . The lot of land in question, know as and numbered 93 , but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13 , 1940 . At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2, in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors' record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2 , 1969 . There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7 . 8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7 . 8, and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2, 1969, Section 7 . 8 of the Bylaw is still applicable. Unlike the bylaw in Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn, 41 Mass .A .Ct . 165 P 1996 t P ( ) , he provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c . 40A, §6, and thus one can not conclude, as did the court in Dial Away, that Section 7 . 8 applies only to vacant lots . B01 15741427.1 / 87813-000002 93 (or O) Bradford Street (Variance) The proposed use is as a single family dwelling, a use allowed as-of-right in the zoning district . The variance request is solely related to the dimensions of the lot and the setbacks of the proposed single family dwelling. The variances include one for lot area, lot width, street frontage, and front and side yard setbacks . The particular circumstances of my lot relating to shape is that it is triangular in shape and thus, inter alia, a single family dwelling cannot be located on the lot without intruding into both the front yard setback and each of the side yard setbacks . I purchased the lot in 2005 in reliance upon a letter from the former building inspector that stated the lot was buildable. Because of that letter I paid the fair market value of a buildable lot . If I cannot build on the lot, I will suffer a financial hardship because I will not be able to recover my investment . The relief sought is desirable and without substantial detriment to the public good because the proposed single family dwelling is of a modest size and compatible with other homes in the neighborhood and has no negative impact on any immediate neighbor. The relief sought my be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw because the proposed single family dwelling could be constructed on the lot as-of-right but for the claim that a "camp" was on the lot more than 35 years ago. BO1 15742337.1 / 87813-000002 Stephen Sarcia 215 Ellis Road Attleboro,MA 02760 October 6,2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street,North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys,Jeffrey Musman,Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston,MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance,including but not limited to the applications. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- 4800. Very truly yours V/ i j - Stephen Sarcia B01 15740998.1/87813-000002 w t f� BK 9332 PG 117 QUITCLAIM DEED Francis James Kadishian and We, Fra Cheryl Ann DeJean of the State of Florida For consideration paid of One Hundred Twenty-Five Thousand and 00/100 ($125,000.00) Dollars Grant to Stephen J. Sarcla Of 19 Abbott Run Valley, Cumberland, RI 02854 N o With QUIT-CLAIJM COVENANTS XX �"' w A certain parcel of land, situated in North Andover, County of Essex and the yr w Commonwealth of Massachusetts, and described as follows: o _ D Beginning at a stone bound on the westerly side of Bradford Street in said NorfRrn 11 Andover, about opposite the residence of the late Nathaniel Gage; H c Thence running Southerly one hundred (100)feet to the land formerly of the said n Nathaniel Gage; SGI Thence turning at an angle of ninety(90°) degrees forty-three (43') minutes and o running south sixty-five (65°) degrees W. one hundred forty-eight(148)feet to a W stone bound; co �) Thence turning at an angle of thirty-three (33")degrees and forty-seven (47") w minutes and running north thirty-one(31°)degrees E, one hundred seventy-nine and 5110 (179.5)feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being all and the same premises conveyed to us by deed of Harry Kadishian dated December 17, 1990, recorded with Essex North District deeds in Book 3200, Page 235. q, grit n BK 9332 PG 118 Witness our hands and seals thiscg ay of , 2005. fitness r TnDeJean Kadishian dAiL Cheryl STATE OF FLORIDA County: On this day of ku 2008, before me, the undersigned notary public, rsonally ap red Francis James Kadishian, proved to me through sati ctory evideAe of identification, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpo 7* uw�n Wc;OwssON oaISM ( licioaLllsiginature n seal of notary) am"WAM 1VUN*jyPiftL%m y Cmmssion expires STATE OF FLORIDA County: ��OGII On this-SiMlay of , 2005, before me, the undersigned notary public, p onally app d Cheryl Ann DeJean, proved to me through satisfactory avid ce of identifidlition, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. 69mal signature n seal of notary) My Commission expires WMOVNNp &WWL� Abutter to Abutter( ) Building DePt ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part*Parties in interest as used in this chapter shah mean the petitioner, abutters,owners of land d'rnediy oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property We of the petitioner as a"appear on the most recent applicable tart list,not withstanding that the land of any such owner is located In another city or town,the planning board of the Gly or town,and the planning board of every abutting city or town' Subject ProaertV MAP PARCEL Name Address B1 2 James Francis Kadishian 93 Bradford Street North Andover,MA 01845 clo Stephen Sarcia Abutters ProcerOw MaD Pam Name Address 61 1 William Hansen 103 Bradford Street North Andover,MA 01845 61 3 Timothy Gaudette 145 Bradford Street North Andover,MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover,MA 01845 61 51 Steven Daly 162 Bradford Street North Andover,MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover,MA 01845 61 53 Joan Gitlin 116 Bradford Street North Andover,MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover,MA 01845 61 60 Felix Layne 128 Bradford Street North Andover,MA 01845 61 65 William Hansen 103 Bradford Street North Andover,MA 01845 61 103 Town of North Andover 120 Main Street North Andover,MA 01845 Date IO/W2005 Page 1 of 1 This certifies that the names appearing on the records . of the Assessors Office as of Jew. led Date Certlf �s,Q� � 3,`� ABUTTERS LISTING U i 1 f BOXFORD, MA 2- 01 01 15 DALY STEVEN M T8 ANNE G DALY 162 BRADFORD ST NO ANDOVER MA 01845 162 BRADFORD ST 01 01 16 SOUSA JAY A TE SOUSA MARIE C 150 BRADFORD ST NO ANDOVER MA 01845 150 BRADFORD ST 01 01 17 HEINZE ROBERT N .7T CATHERINE HEINZE 140 BRADFORD ST NO ANDOVER MA 01845 140 BRADFORD ST 01 01 18 LAYNE FELIX C TE LAYNE SUSAN F 128 BRADFORD ST NORTH ANDOVER MA 01845 128 BRADFORD ST 01 01 19 GITLIN JOAN I 114-116 BRADFORD ST NO ANDOVER MA 01845 114 BRADFORD ST 01 01 20 HALL JEREMY W Y TE HALL DEBORAH H 102 BRADFORD ST NO ANDOVER MA 01845 102 BRADFORD ST Parcel Count: 6 E offr I F I E 10/06/05 1:15:44PM Page 1 r-a+4 r-.� • e } I } r I Mtn All ( I Itj 4� l 3 in 1 � » I } I 1 -_ LIh _ ® _J s e r �'�+r 1 ac O t N II i a 03 m LLI CD 110 ) I e t ;r 3 OE IL AJ CL- Li �► ham€-^tta &M 4: Wit!) r S y CL + � 3 i Boom r 3 r-e i _ • re, ++w+ gr IN rIt # � � qIr IL 91 1 It + 1 a i s� ate t$4 a « `*`$ r� +� o _ x$ � � g R o IL .. rip r all it IL Carlson FamilyHome AESTHETIC IMAGES " qt. 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CHERISE FOR SITE REFERENCE SEE TOWN OF NORTH ANDOVER MAP #61 PARCEL #2. 0 Ld o (-'IRCL J 2 LONE DISTRICT: R2 w � j ui SITE >w BRADFORD STREET a LOCUS FOR REGISTRY USE N. T.S. APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS FTi -- -- -- - DATE N/F - WILLIAM AND ELIZABETH —`�1, DATE OF APPLICATION DATE HANSEN r� X_ DATE OF HEARING DATE DATE OF DECISION DATE LOT 2 AREA=7,389 S.F. gyp, ,92 =0. 17 AC. "I HEREBY CERTIFY THAT THE PROPERTY LINES 00 PROP. 1 STORY �F`], SHOWN ON THIS PLAN ARE THE LINES DIVIDING N/r --------- -� Gj� WOOD FRAME 'S- EXISTING OWNERSHIPS, AND THE LINES OF THE TIMOTHY AND MARJORIE r 12.5' STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC GAUDETTE STORY ORY OR PRIVATE STREETS OR WAYS ALREADY �� ' � 28 ,� ESTABLISHED, AND THAT NO NEW LINES FOR �. --- ��' DIVISION OF EXISTING OWNERSHIP OR FOR NEW 1 WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE o S RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." N :} #93 �. 00.00' PROP. 12' WIDE S24'30'00"E 1: BIT. CONC. DRIVEWAY ; . ,> 10/31 /05 STEPHEN E. R.L.S. DATE s' BRADFORD STREET (PUBLIC--VARIABLE WIDTH) PLAN 0 FLAND IN NORTH ANDO VEF , NIA. SITE PLAN I ^ N PREPARED FOR OWNER/AP UCAN T 1 "= 40' STEPHEN SARCIIA P.O. BOX 1151 BURLINGTON, MA. 01803 TEL. (611) 594-8283 to f ! SCALE: I "=40' DATE: OCTOBERli 31 , 2005 OzIt ( �(;;�� GFZ 40 0 40 80 -- ;�ERWCES 11lERRIMACK ENGINEERING 56 PARK STREET' ' ' `` "�L IIANDOVER, !IIASSACHUSE'TTS 0 810 nl � i i i NOTES : 1. FOR PROPERTY LINES SEE BOOK #9332, PAGE #117 AND PLAN #6669 RECORDED IN ESSEX NORTH DISTRICT REGISTRY OF DEEDS. FOR SITE REFERENCE SEE TOWN OF NORTH ANDOVER MAP #61 PARCEL #2. C1R�RISE 2. ZONE DISTRICT: R2Lu -LE wW 0 LLJ � SITE 3 BRADFORD STREET - a LOCUS FOR REGISTRY USE N.T.S. APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS tyF�ST 0 DATE N/F WILLIAM AND ELIZABETH �- -�1 DATE OF APPLICATION HANSEN _ �� DATE -T DATE OF HEARING o _{ DATE DATE OF DECISION DATE LOT 2 AREA=7,389 S.F. =0.17 AC. �o y��� AN Oz "1 HEREBY CERTIFY THAT THE PROPERTY LINES F _�_____ ^; -`� PROP. 1 STORY �1\ SHOWN ON THIS PLAN ARE THE LINES DIVIDING N / 1--- WOOD FRAME 'S- EXISTING OWNERSHIPS, AND THE LINES OF THE TIMOTHY AND MARJORIE , STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC GAUDETTE 1 STORY 1 I 12 5 ' OR PRIVATE STREETS OR WAYS ALREADY W.F.D. - �28'i � ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW p 41 19 WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE N `Sp, RULES AND REGULATIONS OF THE REGISTRY OF NEEDS." #�3 co ti 100.00' PROP. 12' WIDE 524'30'00"E � BIT. CONIC. ,sg '.� .• DRIVEWAY ` 10/31/05 BRADFORD STREET �'AR STEPHEN E. ' SI,qsR.L.S. DATE (PUBLIC-VARIABLE WIDTH) PLAN OF' LAND IN NORTH ANDOVER, MA. SI TCCC PLAN PREPARED FOR OWNER/APPLICANT 1 "-40' S'T'EPHEN SARCIA; P.O. BOX 1151 BURLINGTON, MA. 01808 r' EII�q TEL (617) 594-8283 0 Ew.!t! SCALE: I "=40' DATE: OCTOBER il , 2005 OZ I _ �o SUEZ 40 0 40 80 _u "Ad flViol J1 MERRIMACK ENGINEERING S�'RVICES 0 3 i11 J: 66 PARK STREET ANDOVER WSACNUSETTS 018'0