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Miscellaneous - 109 SUTTON STREET
on a 0.6006 �h its, APMIM Any appeal shall be filed iys iBSS{ © I APi(;iiY�� within (20) days after the ;;tom;;sir : t date of filing of this TOWN OF NORTH ANDOVER Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION Date . .Karch . 1.h, . .199.5 . . . . . . . Petition No. 4 0 0.4-95 . . . . . . . . . . . January 10, 1995 Date of Hearing. . March- -14-,- -19.95 Petition of . Sebastian. .C, -Di.S.alvo,. .Trustee. c/.o. .Ra1ph. .Joyce.,. .Esq.. . . . . . . . . Premises affected 10.9 . Sutton. Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements OTINK. . . . ander. . . . . . Section 9. 2 , Paragraph 1_ of- .the . Zoning: Bylaw. . . . . . . . . . . . . . . . . . . . . so as to permit extension. .of, ,a ,legally. existing, non-confgrmiTkg. .structure in order to raise the roofline over the existing office space to allow the present storage -space to- be utilized- -as- -office -space ,at -1'09- -Sutton St. After a public hearing given on the above date, the Board of Appeals voted to . Grant. . . . the . Spe c i a 1 Permit and hereby authorize the Building Inspector to issue a permit to Sebastian C. Di Salvo, Trustee, . DiSalvo .Realty. Trust. . for the construction of the above work, based upon the following conditions: The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9. 1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. Signed , . .Walter . Soule,. .Acting .Chai.rman William Sullivan Scott Karpinski . .. . . ... . . . . . . . . . . Joseph Faris Robert. F.ord . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals OF NORTH q { yV/ G.?F\ fy ':�AN s29tt`E +6t6�OA �ppTL/��i". �fl�'✓M40 �" g O 140 4AR lb �SSACHU`�E� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Sebastian C. DiSalvo, Trustee DiSalvo Realty Trust * Petition#004-95 c/o Ralph Joyce 95 Main Street North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, Januaryl0, 1995 and continued to March 14, 1995 upon application of Sebastion DiSalvo, Trustee of DiSalvo Realty Trust requesting a Special Permit under Section 9.2 Paragraph 1 of the Zoning Bvlaw so as to permit the extension of a legally existing non-conforming structure in order to =aise the roof line over the existing office space to allow the present storage space to be utilized as office space on the premises of 109 Sutton Street. The following members were present and voting: Walter Soule, William Sullivan, Robert Ford, Scott Karpinski and Joe Faris. The hearing was advertised in the North Andover Citizen on December 21 st and 28, 1994 and all abutters were notified by regular mail. Upon a motion by William Sullivan and seconded by Scott Karpinski, the Board voted unanimously to Grant the Special Permit so as to permit the extension of a legally existing non-conforming structure in order to raise the roof line over the existing office space to allow the present storage space to be utililzed as additional office space. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension of alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. Dated this 16th day of March, 1995. Board of Appeals Walter Soule, Acting Chairman i PRINT CLEARLY AND USE BLACK INK. TOWN CURK NORTH ANDOVER " ? Received by Town Clerk: i a TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE t i 1 Applicant Sebastian C. DiSalvo, Trustee Address c_0 Ralph R. Joyce __ DiSalvo Realty Trust Tel. No. 95 main Street North Andover, NA 01845 1. Application is hereby made; 508-685-4555 \ FOS-3 `t'��'�3�'#9 G frrom the ro-qu!rs;Ra t— of Q&c 1[SP1 =a�--T -- b) For a special Permit under Section_2.2 h Paragrap _ of the Zoning Bylaws. As & Party Aggrieved, fer review ef --a-499ir-4 -made 2. a) Premises affected are land no- and building(s) _yPG numbered 109 Suttcn Street. b) Premises affected are - property with frontage on the North ( ) South (A East ( } West ( } side of Sutton Street. Street, and known as No. 109 SuttCn Street. I-.S andlor c) Premises affected are in Zoning District R-4 , and the premises affected have an area of 3248_ square feet and frontage of 851 feet. 3 . ownership: a) Name and address of owner (if joint ownership, give all names) DiSalvo Realty Trust, Sebastian D I7iSalvo Tnistee Date of Purchase 12-30-93 Previous Owner SP�j,an & CanTelina DiSalvo -{ appl-lea y is—Ret C S G in the rrem!B : Prospective Purchaser Lessee Other ,2. better of ft"therjeatie" ferm 't 4 . Size of proposed building: 84' front; 37,5D— ,feet deep; Height 2 stories; 33 feet. a) Approximate date of erection: _ 1847 b) Occupancy or use of each floor: wood shcp C) Type of construction: wood ram 5. Has there been a previous appeal, under zoning, on these premises? yes If so, when? July 1994 6. Description of relief sought on this petition extend a legally existing nonconfonning use 7 . Deed recorded in the Registry of Deeds in Book 3947 page 16 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) Raise the roof Line over the existing office space so as to allow the Present Storage space to be utiiizedas o ice space. I agree to pay the filing fee, advertising in spa er, and incidental exp es* igna ure 4 Petitioner ) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of hand directly opposite on any public ;or private street or way, and abutters to the abutters within three hundred feet (3001 ) of the property line of the petitioner as they ,appear on the most recent applicable flax list, notwithstanding 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. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding pians are attached hereto or are available from the Board of ,Appeals upon request. 1 ST OF PARTIES OF INTEREST PAGE-i--OF---L- SUBJECT ACEiOFzSUBJECT PROPERTY NtAP PARCEL :NAME 1ADDFE5S / f �'7v- ©�g�s ABUTTERS i ;NAME -ADDRESS /z- .W M .� North And v r y ! John J. Callahan, Jr.cla Sharon Tuttle ! 133 Greene Street y Nort An over, MA= 42845 { Douglas F. & Beverl M f ' ! I Bicknell & Catherine ! 15 Ma Street MacDonald i'= I -North Andaver, MA 42845 ! I o� a-m Tr Ir Lisa Bahra Trustee 155 Main Street I 1North Andover MA 01845 I I I = N j John J. & Agnes Fara ► 51 May Street Z' INorth Andover, MA 01$45 ! William I ! D ermond ; 53 Mav Street iNorth Andover, MA 01845 s I th- 7 1 l ; At;tho _ ,� i North A d v I Trombly Bus Realt ; Corporation 147 Sutton Street North Andover, MA 01845 i t I 1 Pettic a J iclo Robert Biresak 1p.0. Box 360 ! No. Billerica MA 01862 t +.20 s . i 1 4 ! I S yros Nomir ee Trust C. ' Mazarakis Spyros . Tr- 110 Sutton Street North Andaver, N!A 01845 1 ; a LIST OF PARTfES OF INTEREST PAGE--L-OF--!-- SUBJECT AGE2OF2SUBJECT PROPERTY ,MAP PARCEL NAME - !ADDRESS ABUTTERS NAME 'ADDRESS 7-7Z - 15 Bestway Realty Trust c/a r i f AnthonyZimbone, Tr. t 15 North Beacon Street i ; i Allston, .MA 02134 j — I B & M Rail ' 1 Edmond E. LeBlanc I Ir horse Park ( ► Property Tax. Commission No. Billerica, MA 10862-1685 1-7 s / ( A:L. .& P_I. Rosenfield a ( j ( Wakefield MA 01880 t I 1 ( ( Ho r n 71 Worth Mail Street- Middleton , MA 01949 ` !• A a 8 Ap 10 j f , - 1 i i � 1 I + i r H.P.kEL SON •i, I20 Main Strtet1B45 Tov��n of NORTH ANIDOVER isoa�682-6493 CONSERVATION Dt WON OF HEALTH PLANNING PLANNING & COMMUNITY DEVEI.OPMMT November 30, 1994 � a v � i Mark DiSalvo Pridecraft Woodworking '109 Sutton Street North Andover, MA 0 j 1 . Dear Mr. DiSalvo: After conferring with Town Counsel on =this date, 'you ar8 hereby notified that your permit application to reconstruct'� e roof structure on existing office at 109 Sutton Street e refused. You will have to apply to the Zoning Board of Appealsifara special permit to, alter and expand anon-conforming structure,' s specified under Section 9 of the North Andover Zoning By-Law.;; •• Yours truly, a qty , D. Robert Nieetta, Building Inspector DRN:gb clia.mes P. Gordon, "Town Kgr. ._noel Bard, Esq. �--* t a 7 t x x` r Q Certif ied mailing/P290 099 239 t two •r . r., `- f_ COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX, SS CIVIL ACTION SEBASTIAN C . DISALVO, TRUSTEE OF DISALVO REALTY TRUST PLAINNTIFF WITHDRAWAL OF APPEAL : SOWN OF NORTH ANDOVER, -40RTH ANDOVER BOARD OF APPEALS J and WALTER SOULE, ROBERT FORD 0HN PALLONE, SCOTT KARPINSKI RAYMOND VIVENZIO, WILLIAM ULLIVAN AND LOUIS RESSIN DEFENDANTS Now comes Sebastian C. DiSalvo, Trustee of DiSalvo Realty Trust , and does hereby give notice of his Withdrawal of Appeal pursuant to a Notice of Decision filed with the Town Clerk on September 9, 1994 regading the North Andover Board of Appeals Petition #040-94 . DISA REA R T by i t n DATED: 11-01-94 ALP R. JO BBQ #25500 95 Main eet North Andover , MA 01845 ( 508) 685-4555 LAW OFFICES OF RALPH R. JOYCE 95 MAIN STREET NORTH ANDOVER,MA 01845 (508)685-4555 FAX:(508)685-3148 .Any aapeal shall be filed within (90; :;a- s after the date of ihing d' i .is Notice ••-- in the Office of the Town . i•., leas �'•� Clerk. 'sq ti HU _ TOWN OF NORTH ANDOM -34 MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date , . September. 9,. .1:994. . . . . . Petition NO.. . . .039-94 . . . . . . . . . . . Date of Hearing. .August .9= . 1994, August 30, 1994 Petition of . . . . DiSalvo.Realty.Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . .1.09.Sutton .Street. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit under Referring to the above petition fora mai 5ect,ion,9,. . , , Paragraph.9,2.(1.). .Qf. the. .Zoning. Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the .extension.of. a .non-conforming. structure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . the Special Permit. as .reques.ted. . . . . . . and hereby authorize the Building Inspector to issue a permit to . DiSalvo .Realty .Trust.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )Mdm&U The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. Signed ���� . . . .Walter .Sou1e.,. .Ac—ng:-.chairman. . . . . . . . . . .Rob.ert .Ford.,. .Clerk. . . .•. . . . . . . . . . . . . . . . .John .Pallone. . . . . . . . . . . . . . . . . . . . . . . . . . Sco•tt .Karpnski . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Any appeal shall be filed 10 jy 70it v- within (20) day, after the %ORTH �,ED L! s Nlotice 6 date of fling of — 0 0 in the Office of the Town f- IK Clerk.. CHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS DiSalvo Realty Trust DECISION 109 Sutton Street North Andover, MA 01845 Petition #039-94 The Board of Appeals held a regular meeting on Tuesday evening, August 9, 1994 and then a special meeting on August 30, 1994 upon the application of DiSalvo Realty Trust requesting a Special Permit under Section 9, Paragraph 9.2 (1) of the Zoning Bylaw so as to permit extension of a non-conforming structure on the premises located at 109 Sutton Street. The following members were present and voting: Walter Soule, Vice-chairman, Robert Ford, Clerk, John Pallone and Scott Karpinski. , The hearing was published in the North Andover Citizen on July 20 and 27, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Ford and seconded by Mr. Pallone, the Board voted unanimously to GRANT the Special Permit. The Board finds that the applicant has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. Dated this 9th day of September 1994 BOARD OF APPEALS Walter oule Acting Chairman FORM 49A - SUMMONS WITH 0FFICEPS RETUR'!V MOOSS & 'WAR.4EN., INC PU8l15MERS OUCES TEGt,1 - REVISED OFC. 1271 BOSTON, MASS, a,� r_w Tom-mome ESSEX ........................................................ KEEPER OF THE RECORDS -- ..... TOWN OF NORTH ANDOVER, DEPARTMENT. , OF PLANNING & DEVELOPMENT ...............................................................--------------------------------------------------------------------.-------. AND ROBERT NICETTA BUILDING INSPECTOR -------------•------------------------------....--------•-----_.......------....------------.....---- ............................................. ...........................................................................----•-•-••-------•-••--------•--•------------------•----...._..........greeting- Vutt are 4xrzbg ratumanbeb, in the rzame of The Comrtzonu-ealth of Afassachuretts, to appear before the.............SUPERIQR. .._...._...Court..--- AP-PIY-TON--WA•----------------------------------•--- holden at_.......__ I and for the county of.....ESSEX on the.. $ " - ----------------------•-----•-----•=•dad' of........_....�7t1IYE at 2:00 o'clock in the. AFTPI noon, and f rom day to day therea f ter, until the action herein fter named is heard by said Court, to give evidence of what you know relating to an action CIVIL) W of.__REAL ESTATE ..............then and there to be heard and tried between................................. co ° Lisa Bahrawy, Trustee Pyramid Realty Trust , and .............. --------- --------- _-_.------------.-.-._--.._--.-.-------•--------.------.--------. Plaintiif w Sebastian G DiSalvo w .._ ........ ..--•--•----------- ------------------•--------.........._..........--- ............Defendant , and w you are further required to bring u'ith,you__ANY AND ALL PAPERS, DOCUMENTS AND THINGS ................................................................._... RELATIVE TO AN APPLICATION FOR A BUILDING PERMIT TO CONSTRUCT an z ADDITION...QN- PREMI'SES''-LOCATED--AT"1-094--Sutton- Street-,..NOl._.ANDOVER',.--MA--- H AND OWNED BY SEBASTIAN- DISALV0,_ .INCLUaINS..BU'I'_.NOT...LIM�TED TO APPLI— CATIO�T FOR BJILDING PERMIT,- APPLICATION FOR SPECIAL PERMIT OR VARIANCE, o BUILDING...PLAN S-,-.-PLA14S. �'-OR-.-ADD-ITION-I---ZGrNING--C-F---PAEMIS-ES-t BUILD-ING--PERM IT, EXTENSION OF BUILDING PERMIT, FORM U-2, CHECK IN PAYMENT FOR BUILDING PERMIT f- M_ TE'S-"DF---BUTLDT'NG"_INSPECTOR-'AND"HIS...ASTSTANfi --DOCrJMEN`I°S SUB_MI T"T ED BY APPLICANT, ANY_OTHER DOCUMENT, _.PAPER.OR- THING-RE�IIEWED OR CONSIDERED BY' THE DEPt1RTMENT OF PLANNING & DEVELOPMENT RELATIVE TO THE--.PRGp CIS F.3--CON S-TRUCTIQN=-AT---1-09---St-ttota--&treet-j...NORTH--ANDOVER-,---MA._-.-- lierettf fail not. as you will a)zswer your default under the pains and penalties in the lain in that behalf made and,.provided. I 1e g 1-"-A -/ - ;1 %'` -----the.----•----..._... � 2 -• ....day o A. D. 19 �f ........r,f... r-•-- . Norlrj Public—Iuec r f :hc Pcau I COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT C) CIVIL ACTION , NO. : 94-1394 C = ' LISA BAHRAWY, TRUSTTE, ) PYRAMID REALTY TRUST and ) Plaintiff, ) V. ) AMENDED COMPLAINT AND JURY DEMAND SEBASTIAN G. DISALVO, ) ROBERT NICETTA, JAMES ) GORDON AND THE TOWN OF ) NORTH ANDOVER ) Defendants. ) PARTIES 1. The Plaintiff, Lisa Bahrawy, Trustee of the Pyramid Realty Trust under Declaration of Trust dated May 17, 1985, recorded North Essex Registry of Deeds Book 7160, Page 199 is the 1 record owner of real estate located at Lots 2 & 3 , May Street North Andover, Massachusetts. 2 . The Defendant, Sebastian G. DiSalvo, (hereafter Disalvo) is an individual residing in North Andover, Essex County, Massachusetts. 3 . The defendant, The Town of North Andover, has been duly established under the charter of the State of Massachusetts with a principal mailing address of 120 Main Street, North Andover, Essex County, Massachusetts. 4. Robert Nicetta is an individual residing in North Anover, Essex, County, Massachusetts and employed by the Town of North Andover as Building Inspector. I w I I I 5. James Gordon is an individual resing in Derry, New Hampshire and employed by the Town of North Andover as •Town ,Manager. i I COUNT I Lisa Bahrawy, Trustee Pyramid Realty v. Sebastia DiSalvo I 6. On or about October 1, 1993 the plaintiff is informed and, believes that the defendant, Disalvo, owner of. premises located at 109 Sutton Street, North Andover, Essex County, Massachusetts, (hereafter the "premises") applied for a building permit for the construction of an extesion to an existing wood shop at 109 sutton Street, North Andover, Essex County, Massachusetts. (See attached Exhibit "A") 7 . On or about October 1, 1939, the. Plaintiff is informed and therefore believes that the defendant The Town of North Andover (heareafter the "Town") , issued a building permit to Sababtian G. DeSalvo for a "woodshop addition" (see attached exhibit "B") . 8 . The defendant's application for a building permit indicates that the proposed constructuion is an addition and alteration. 9. On or about October 1, 1993 the Plaintiff is informed and threfore believes tha the said premises were a , prior non conforming use subject to the terms of Massachusetts Genral Laws Chapter 40A (Massachusetts Zoning Act) . 10. On or about October 1, 1993 Defendant knew or in the exercise of reasonable care should have known that the said premises, did not conform to the side and back line requirements of the Zoning By-Law and constituted a prior non conforming use. 11. On or before October 1, 1993 the Defendant had not applied for a special permit or a variance with the Town to obtain approval for the proposed construction. 12. The defendant's application for a building permit states that the premises do conform to the requirements of the zoning code. 13 . The defendant's application for Building permit incorrectly stated that the premises conformed to the zoning by-law and therefore constituted a fraudulent misrepreentation. 14. That by reason of the aforesaid misrepresentations made by I 'I t defendant, DiSalvo, to the Town of North Andover, said Town issued a building permit thereby violating MGL c. 40A and causing monetary damages to the plaintiff. 15. As a direct and proximate result of the intentional failure, of the defendant, DiSalvo, to properly represent the zoning of the said premises in the application for a building permit, plaintiffs have sustained monetary damages represented by a dmihutiuon in the value of their real estate. i COUNT II Lisa Bahrawy, Trusttee Pyramid Realty v. Sebastian G. DiSalvo 16. The plaintiff realleges and incorporates by reference Count I, paragraphs 1-15 as if fully set forth herein.. 17 . The defendant's application for Building permit negilgently and incorrectly stated that the premises conformed to the zoning by-law. 18. That by reason of the aforesaid misrepresentations made by defendant, DiSalvo, to the Town of North Andover, said Town ' issued a building permit thereby violating MGL c. 40A and causing monetary damages to the plaintiff. 19. As a direct and proximate result of the negligent failure, of the defendant, Sabastian G. DiSalvo, to properly represent the zoning of the said premises in the application for a building permit, plaintiffs have sustained monetary damages represented by a diminutiuon in the value of their real estate. COUNT III Lisa Bahrawy, Trusttee Pyramid Realty v. Sebastian G. DiSalvo 20. The plaintiff realleges and incorporates by refernce Counts I & II paragraphs 1-19 as if fully set forth herein. 21. On or about October 1, 1993 the Plaintiff is informed and believes that the said premises were a prior non conforming use subject to the terms of Massachusetts General Laws Chapter 40A. , I 22. Massachusetts General Laws Chapter 40A Section 6requires that any reconstruction, extension or structural change of a prior non conforming use requires the property owner to apply for a special permit and/or variance and attend a public hearing to which all abutters must receive notice. 23 . The plaintiffs are abutters of the defendant DiSalvo and never received notice of a public hearing. 24 . The Town of North Andover records on June 22, 1994 °did not reflect that defendnat DiSalvo made, an application for a special permit. i 25. The defendant DiSalvo did not follow this procedure. 26. The defendant is in violation of the requirements of Massachusetts General Laws Cahpter 40A Section 6. 27 . As a direct and proximate result of the negligent failure, of the defendant, Sabastian G. DiSalvo, to properly represent the zoning of the said premises in the application for a building permit, his failure to apply for a special permit the plaintiffs have sustained monetary damages represented by a diminution in the value of their real estate. i s COUNT IV Negligence: LLisa Bahrawy, Trustee Pyramid Realty Tust v. Town of North Andover 28 . The plaintiff realleges and incorporates by reference Paragraphs 1-27 as if fully restated herein. 29. On or about October 1, 1993 the defendant The Town of North Andover operated and maintained a building department for toe purpose of reviewing applications for building permits and issuance or denial of building permits. 30. On or about October 1, 1993 Robert Nicetta was the chief Building Inspector responsible for the review of building permits and the issuance or denial of building permits. I� i 31. On or about Ocotober 1, 1993 James Gordon was the Town Manager responsible for the operation of the the government' of the Town of North Andover and responsible for the appointment of the Building Inspector. i 32 . On or about October 1, 1993 defendant DiSalvo made, an application for a Building permit for premises located at 109 ' Sutton Street, North Andover, Massachusetts, to construct an extension or addition to said premises. 33 . On or before October 1, 1993 , the defendants, the Town of ,, North Andover, Robert Nicetta and James` Gordon, knew or in the exercise of reasonable care should have known that the use of the premises located at 109 Sutton Street, North Andover, Massachusetts constituted a prior nonconforming use and that defendant's request for a building permit for the construction of an extension or addition was ,governed by MGL Chapter 40A I, Section 6. 34 . On or before October 1, 1993 the defendant Town of North Andover through its agent, Robert Nicetta, Building Inspector did not inform defendant DiSalvo that his application for a building permit could not be approved until an application . had been filed with the Zoning Board of Appeals for a Special Permit or Variance. 35. On or about Ocotober 1, 1993 the defendant Town of North , Andoverthrought is Building Inspector Robert Nicetta wrongfully and negligently authorized the issuance of a building permit to defendant DiSalvo, signed by Walter Cahill, assistant Building Inspector, employee and agent of Robert Nicetta. i 36. On or about June 22, 1994 the Town of Noth Andover's records did not contain a U-2 form, as required to be completed and in the possesion of Robert Nicetta, Building Inspector,prior to, I the issuance of the building permit. 37 . As a direct and proximate result of the failure of the defendant, the Town of North Andover, to exercise reasonable care in the review of the aforementioned application for Building Permit and negligently failing to complte a U-2 form, the Town, Robert Nicetta aand James Gordon negligently and wrongfully authorized the issuance of and did issue a Building Permit to the defendant DiSalvo. i i 38. As a direct and proximate result of the negligence of the defendant, the Town of North Andover, the plaintiff, Lisa Bahrawy, Trustee of Pyramid Realty Trust was caused to suffer monetary damage. WHEREFORE, the plaintiff demands judgment against the defendants follows: I 1. Counts 1, 2 , 3 against defendant Sebastian G. DiSalvo Order the defendant to cease construction at the premises located at 109 Sutton Street, North Andover, MAr i 2 . Count 1 against defendant Sebastian G. DiSalvo Order the defendant to remove the addition that has been constructed on the said premises based on a fraudulently procured and improperly issued and invalid Building Permit; 3 . Counts 2 , against defendant Sebastian G. DiSalvo - Order the defendant to remove the addition that has been constructed on the said premises based on a negligent failure to comply with the requirement of MGL c. 40A and an invalid Building Permit; 4 . Counts 1,2 , 3 against defendant Sebastian G. DiSalvo - Order the defendant to pay plaintiff monetary damamges in an amount as determined by this Honorable Court plus costs, interest and reasonable attorney's fees. 5. Count 4 against the defendants Town of North Andover, Robert Nicetta and James Gordon - Order the Town to rescind the Building permit; 6. Count 4 against the defendant Town of North Andover, Robert Nicetta and James Gordon - Order the Town to withhold an issuance of an occupancy permit for the addition in dispute; 8 . Count 4 against the defendant Town of North Andover, Robert Nicetta and James Gordon - order the Town Building Inspector to issue a cease and.' desist order to the defendant Sebastian Disalvo and his builder. 9. Count 4 against the defendant Town of North Andover, i • Robert Nicetta and James Gordon - Order the Town to pay monetary damages in an amount as , determined b this y court, plus costs, interest and I reasonable attorney's fees. 10. Such other relief as the Court may deem just. The plaintiff, demands trial by jury. The Plaintiff, Lisa Bahr wy Trustee Pyramid Re lty Tru b and (13a'its Att rn ys mse� At Ba aw- —BBO # 026280 55 Main Street North Andover, MA 01845 (508) 682-1141 I i , i I I I i (To PLAINTIFF'S ATTORNEY- Please Circle TYPe Of Acd011 Involved.—TORT— MOTOR VEHICLE TORT CONTRACT —EQUITABLE,RELIEF — OTHER.)I COMMONWEALTH OF. M-1 - ASSACHUSETTS SUPERIOR COURT ESSEX, ss. CIVIL ACTION No. 94-1394 C amid Realty..... Plaintiff(S) Lisa Bahrawy, Trustee Pyr......................... ......................... ........ ti o ust —4 > *MM —=MCI > U Sebastian DiSalvo. ET AL ............ ................. Defendant(s) 0r- ;o r-L" ------------ X r-- -< --------........ C2 fTl C.:)rr. C>;o Z 0 .< M SUMMONS .S To the above named Defendant: Ramsey A. Bahrawy, Esq ------ o ----- ........... ...... You are hereby summoned and required to serve up-on ............ ver, MA Q -r, ,an answer to the 55 Main Street, North Andover. ----_------ .5 plaintiffs attorney,whose address is --------------------------------------------------------------------- 'U service of this summons upon you,exclusive of the o co herewith served upon you,within 20 days after s mplaint which is he 15 n against you for the relief demanded in the 0 If You fail to do so,judgment by default w C. day of service ill be take complaint in the office of the C of this court at W complaint. You are also required to file your answer to the lerk a reasonable time there tor. Lawrence ...... either before service upon plaintiffs attorney or within .......... ..........------------------- -------- 8. answer must state as a counterclaim any claim which you may Unless otherwise provided by Rule 13(a),your occurrence that is the subject matter of the plaintiffs have against the plaintiff which arises out of the transaction of 0 Z claim or you will thereafter be barred from making such claim in any.other action. Esquire,at Salem,the >' �:,WITNESSI the in the year of our Lord one th >1 day of �- wnine hundred and ninety- z z JV E i T; ST Clerk U Z z NOTES. for each 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules Of Civil Procedure' the caption. if a separate summons is used r 2. def more than one defendant is involved,the names of all defendants should appear in defendant,each should be addressed to the particular defendant. Of #30 C I i 1 Robert Nicetta and James Gordon - Order the Town to pay monetary damages in an amount as determined by this court, plus costs, interest and reasonable attorney's fees. 10. Such other relief as the Court may deem just. The plaintiff, demands trial by jury. i The Plaintiff, Lisa Bahr wy Trustee Pyramid Re lty Trust and By 11 A rn ys amsey" A! Ba aw -BSO # 026280 55 Main Street North Andover, MA 01845 (508) 682-1141 i i I i (TO PLAINTIFF'S ATTORNEY: Please Circle Type of Acdon Involved.• —TORT— MOTOR VEHICLE TORT — CONTRACT—EQUITABLE RELIEF — OTHER.) COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION No. 94-1394 C Lisa---B.ahrawy......Trustee- . ---Pyramid....Re.alt.y........... , Plaintiff(s) Trus Trust cz Q O V. z > 2 U Sebastian G....DiSalvo,. .........------- ............ .................. ............ ............ Defendant(s) Er 4C. 0 SUMMONS ju To the above named Defendant: cRamsey A. Bahrawy, Esq O 0 You are hereby summoned and required to serve upon--------------------.......................................................................... 55 Main Street, North Andover, MA plaintiffs attorney,whose address is ............................---------------------------------------------------------------------------- - an answer to the to N 2 Cd complaint which is herewith served upon you,within 20 Jays after service of this summons upon you,exclusive of the tIG = 0 day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Lawrence ----------—1------- ---------------------- either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs ig claim or you will thereafter be barred from making such claim in any.other action. ITNESS, Maw, Esquire, at Salem,the >1 day of in the year of our Lord one thousand nine hundred and ninety- z U. 0 U U .................. ... Clerk NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant, Office#30 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION N0. 94-1394 C LISA ,__FT ID RELATY TRUST A TRUE OOPY N17r' --- ---------------_._---------------PlaintifF(s) EB-AS--TI-AN----G-.I..D.I..S-ALV---O-----&---THE-_TOWN.-..OF...N..ORTH-----&NMOVER ------- Defendant(s) SUMMONS AND ORDER OF NOTICE To the above-named Defendant: SEBASTIAN G. DISALVO You are hereby summoned and required to serve upon RAMSEY A. BARRAWY, ESQUIRE plaintiffs attorney, whose address is 55 Main Street, P.O.Box 455, North Andover, MA 01845 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also, required to file your answer to the complaint in the office of the Clerk of this court at Motion session either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. WE ALSO NOTIFY YOU that application has been made in said action, as appears in the complaint, for a preliminary injunction and that a hearing upon such application will be held at the court house at said Lawrence Superior Ct. in the motion session withoutjury of our said court on Tuesday the 28th day of June A. D. 19 94 at 2.00 p.m, o'clockXAX-11., at which you may appear and show cause why such application should not be granted, jot 4N J.IRWIN,JR C j-- 23 Witness, INOWNW., Esquire, at Salem, the day of June . in the year of our Lord__�7 one thousand nine hundred and Clerk. _14w. NOTES. 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. OFFICE#28 's yw i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION " NO. : 94-1394 C a LISA BAHRAWY, TRUSTEE, ) r- -- PYRAMID REALTY TRUST and ) Plaintiff, ) ' V. ) MOTION TO AMEND COMPLAINT AND JURY DEMAND SEBASTIAN G. DISALVO AND ) THE TOWN OF NORTH ANDOVER ) Defendants. ) MOTION TO AMEND THE COMPLAINT Pursuant to Rule 15 (a) of the Massachusetts Rules of Civil Procedure, plaintiff, Lisa Bahrawy, Trustee of Pyramid Realty Trust, hereby amends, as a matter of course, the Complaint. The attached "Amended Complaint" corrects certain technical errors in the Complaint. Specifically, the "Amended Complaint" which is attached hereto. corrects and/or adds the following: (a) It adds the North Andover Building Inspector, Robert i Nicetta and Town Manager, James Gordon, as party defendants. (b) It adds a negligence count against the Town manager and Building Inspector. (c) It adds in Paragraphs 6,7 & 32 the following language after the word 111993" and before the word "the" the Plaintiff is informed and therefore believes i I i I (d) It corrects a spelling error ,in Paragraph '13 by striking , the word "fraud" and inserting therefor fraudulent misrepresentation (e) It corrects a spelling error in Paragraph 32 by striking the word "and" appearing after the word construct and before the word extension and inserts therefor the word an. Massachusetts Rules of Civil Procedure 15 (a) permits this amendment be made as of course because no responsive pleading has . been filed by defendants Town of North Andover or Sebastian G. DiSalvo and no order of dismissal has been entered. WHEREFORE, the plaintiff moves that he be permitted to file i the "Amended Complaint", attached hereto. Respectfully Submitted, THE PLAINTIFF, By His Att rney, BAH WY LA OFF CES RAISE A. B HRA Y BBO#026280 55 Main Street P.O. Box 455 North Andover, MA 01845 '(508) 682-1141 Dated. Y f , 1994 . i i I i COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX , SS CIVIL ACTION SEBASTIAN C. DISALVO, TRUSTEE OF DISALVO REALTY TRUST PLAINNTIFF V NOTICE OF APPEAL —�T�OWN OF NORTH ANDOVER, y,. F VORTH ANDOVER BOARD OF APPEALS = h unci WALTER SOULE, ROBERT FORD dJOHN PALLONE, SCOTT KARPINSKI ' iAYMOND VIVENZIO, WILLIAM SULLIVAN AND LOUIS RESSIN DEFENDANTS Now comes Sebastian C. DiSalvo, Trustee of DiSalvo Realty Trust , and does hereby give Notice of Appeal pursuant to a Notice of Decision filed with the Town Clerk on September 9 , 1994 regading the North Andover Board of Appeals Petition #040-94. DISALVO LTY TRUST by i a 4'or ;DATED 09-23-94 PH R.�2R.BBO #2550 95 Main SLreet North Andover , MA 01845 -y ( 508) 685-4555 60 LAW OFFICES OF RALPH R. JOYCE { 95 MAIN STREET JORTH ANDOVER,MA 01845 (508)685-4555 q _ - M FAX:(508)685-3148 . 1 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT ESSEX, SS CIVIL ACTION SEBASTIAN C. DISALVO, TRUSTEE OF DISALVO REALTY TRUST PLAINNTIFF V NOTICE OF APPEAL -�-T�OWN OF NORTH ANDOVER, ' VORTH ANDOVER BOARD OF APPEALS WALTER SOULE, ROBERT FORD cD.1OHN PALLONE, SCOTT KARPINSKI " iAYMOND VIVENZIO, WILLIAM "SULLIVAN AND LOUIS RESSIN ` DEFENDANTS c�a Now comes Sebastian C. DiSalvo, Trustee of DiSalvo Realty Trust , and does hereby give Notice of Appeal pursuant to a Notice of Decision filed with the Town Clerk on September 9 , 1994 regading the North Andover Board of Appeals Petition # 040-94. DISALVO LTY TRUST by i a or DATED: 09-23-94 H R. Y BBO #255000 95 Main Street North Andover , MA 01845 (508) 685-4555 LAW OFFICES OF RALPH R. JOYCE 95 MAIN STREET NORTH ANDOVER,MA 01845 (508)685.4555 FAX:(508)685-3748 Any appeal shalt be filed AMILY" within (20) days after the �'s�••. <`' date of filing of thiis Notice '` HU t, 4 .10 in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . September. 9,,. .1994. . . . . Petition No.. . .040-94. . . . . . . . . . . . . Date of Hearing. .4ugust9 1994 August 30, 1994 Petition of . .DiSalvo .Realty ,Trust. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . ,109.Sutton .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition . . Inspector's. . . letter. .of .June. .29, . 199.4. .and.reins.tate. the. .building. .permit.. . . . . . . . . . . . . . . . . . . . . . . . �XKOMM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .DENY. . . . . . the on the grounds of insufficient evidence to request, . .The. petition. was .denied I it X1 0#ftKitXW. .demonstrate. any .error. on .the. part .of. the. -Building, .Inspecto.r... . . . . . . . . . . Signed Walter Soule, Acting-chairman . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert Ford, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ Scott Karpinski .. . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals i Any 'appeal shall be filedj OV within (20) after the � NOR7F{ date c 1f1ii6g of lliitj Notice 3�0et in the Office of the Town C erk. * Z r " SEF 4 10 � TEDWPP""cy �9SSACHUSE� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS DiSalvo Realty Trust * DECISION 109 Sutton Street North Andover, MA 01845 * Petition #040-94 * The Board of Appeals held a regular meeting on Tuesday evening, August 9, 1994 and then a special meeting on August 30, 1994 upon the application of DiSalvo Realty Trust as a Party Aggrieved of the Building Inspector's letter of June 29, 1994 and reinstate the building permit for the property located at 109 Sutton Street. The following members were present and voting: Walter Soule, Vice-chairman, Robert Ford, Clerk, John Pallone and Scott Karpinski. The hearing was published in the North Andover Citizen on July 20 and 27, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Ford and seconded by Mr. Pallone the Board voted unanimously to DENY the request. The petition was denied on the grounds of insufficient evidence to demonstrate any error on the part of the Building Inspector. Dated this 9th day of September 1994. BOARD OF APPEALS ��►t Walter Soule Acting Chairman I it i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. Ze LISA BAHRAWY, TRUSTEE, ) v PYRAMID REALTY TRUST ) , Plaintiff, ) v. ) AFFIDAVIT IN SUPPORT OF TEMPORARY RESTRAINING ORt SEBASTIAN G. D.ISALVO AND ) t THE TOWN OF NORTH ANDOVER ) Defendants. ) I, Joseph Giard, being duly sworn on oath hereby depose and say: 1. That I own real estate abutting 109 Sutton Street, North Andover, Massachusetts. 2 . That I attempted to purchase the real estate at 109 Sutton Street, North Andover, Massachusetts many years ago and was then informed that changes to the building would have to be by special permit or variance since the building had a prior non- conforming use. i 3 . That in the middle of May, 1994 , I- noticed the construction at 109 Sutton Street, North Andover, Massachusetts. i 4 . That in June, 1994 I noticed the building was becoming wider, deeper and taller. 5 . That I went to the North Andover Building Department to, , , obtain copies of the Building Permit and Application for the I Permit. I II 6. On June 22 , 1994 I received copies of the above documents. 7 . The allegations of Plaintiff's Complaint are true and are incorporated by reference. i 8 . Defendants are in possession of a Building Permit. 9 . That I spoke with the Building Inspector who said he would speak with the property owner and stop the construction. 10. Today, June 23 , 994 I had a telephone conversation with Mark DiSalvo, the Defendant's son who advised me that they would , is continue construction. 11. There is a crane on the premises for purposes of completing the roof. 12 . Defendants have not provided me with any assurances that they would voluntarily halt construction until the Town of North i Andover reconsidered the alterations. 13 . I have received complaints from my tenants about the neighboring construction. 14 . The Defendants building is now much closer to mine. 15. The Defendant does not have sufficient parking. 16. I am concerned about the additional odors and fumes that. i the Defendants proposed addition would cause. i 17 . The Defendant's addition detracts the value of my real i estate. SIGNED UNDER THE PAINS AND PENALTIES OF PERJUR THIS )'314 DAY OF JUNE, 1994 . - Clt_� FSSEP GIARD i COMMONWEALTH OF MASSACHUSETTS i ESSEX, SS. June 23 , 1994 Then personally appeared before me the above-named, Joseph Giard, and acknowledged the foregoing tat Ment,-to be his free act and deed, before me. NO ARY--PUBLIC My Commission Expires: i I I i I , i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 94-1394 C ) LISA BAHRAWY, TRUSTEE, ) PYRAMID REALTY TRUST ) Plaintiff, ) V. j APPLICATION FOR TEMPORARY, RESTRAINII SEBASTIAN G. DISALVO AND �- THE TOWN OF NORTH ANDOVER c,,c.M r►1arLS --�-C�f� Defendants. Re rz.�r n 6 3 Le-' -7"4ne_ 23 rctgY C,Ce51D► ( r en e p Pursuant to Rule 65 (a) of the Massachusetts Rules of Civil � Procedure Plaintiff, Lisa Bahrawy, trustee Pyramid Realty Trust Cti applies to this Court to grant a Temporary Restraining Order, without notice, requiring defendant, Sebastian G. DiSalvo and his, builder, to be temporarily restrained from constructing, building, �,� hoisting, digging in any way on the premises located at 109 Sutton Street, North Andover, MA 01845. 'C.C.. d3�4 In support of this Motion Plaintiff states that unless this R A , Court grants the temporary restraining order applied for, immediate and irreparable harm, injury, loss or damage will result to her in that she will be denied the use and enjoyment of her ,property rights. Plaintiff, Lisa Bahrawy, Trustee pyramid Realty Trust, will suffer the above-described immediate and irreparable harm, injury, ' loss or damage before the adverse parties or their attorney can be heard in opposition because defendants have acquired a permit to build, having been constructing and intend to continue with their construction. Accordingly, Plaintiff requests this court to grant a Temporary Restraining order ex parte. An affidavit in supportof this motion is attached. i COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. i LISA BAHRAWY, TRUSTEE, PYRAMID REALTY TRUST ) Plaintiff, j V. ) APPLICATION FOR TEMPORARY RESTRAINING ORDER SEBASTIAN G. DISALVO AND ) THE TOWN OF NORTH ANDOVER ) Defendants. ) i Pursuant to Rule 65 (a) of the Massachusetts Rules of Civil Procedure Plaintiff, Lisa Bahrawy, trustee Pyramid Realty Trust applies to this Court to grant a Temporary Restraining 'Order, without notice, requiring defendant, Sebastian G. DiSalvo and his builder, to be temporarily restrained from constructing, building, hoisting, digging in any way on the premises located at 109 Sutton Street, North Andover, MA 01845. , , In support of this Motion Plaintiff states that unless this Court grants the temporary restraining order applied for, immediate and irreparable harm, injury, loss or damage will result to her in ' ' that she will be denied the use and enjoyment of her property rights. Plaintiff , Lisa Bahrawy, Trustee pyramid Realty Trust, will suffer the above-described immediate and irreparable harm, injury, '' loss or damage before the adverse parties or their attorney can be heard in opposition because defendants have acquired a, permit to build, having been constructing and intend to continue with their construction. Accordingly, Plaintiff requests this court to grant a Temporary Restraining order ex parte. An affidavit in support of this motion is attached. I. 1 . fl I I 1 � I I COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. . i LISA BAHRAWY, TRUSTTE, ) I PYRAMID REALTY TRUST ) Plaintiff, ) V. ) COMPLAINT AND JURY DEMAND SEBASTIAN G. DISALVO AND ) THE TOWN OF NORTH ANDOVER ) Defendants. ) I 11 � PARTIES 1. The Plaintiff, Lisa Bahrawy, Trustee of the Pyramid Realty Trust under Declaration of Trust dated may 17 , 1985, recorded North Essex Registry of Deeds Book 7760, Page 199 is the record owner of real estate located at Lots 2 & 3 North Andover, Massachusetts. 2. The Defendant, Sebastian G. DiSalwo, (hereafter Disalvo) is an individual residing in North Andover, Essex .' County, Massachuasetts. 3 . The defendant, The Town of North Andover, has been duly I established under the charter of the State of Massachusetts with a principal mailing address of 120 Main Street, North ` Andover, Essex County, Massachusetts.' COUNT I Lisa Bahrawy, Trusttee Pyramid Realty v. Sebastia DiSalvo i ii i i 4 . On or about October 1, 1993 the defendant, Disalvo, owner of. premises located at 109 Sutton Street, North Andover, Essex County, Massachusetts, (hereafter the "premises") applie for. a building permit for the construction of an extesion to an. existing wood shop at 109 sutton Street, North Andover, Essex, County, Massachusetts. (See attached Exhibit "A") 5. On or about October 1, 1939, the defendant The Town of North I' Andover (heareafter the "Tgwn") , issued a building permit to Sababtian G. DeSalvo for a "woodshop addition" (see atta ched exhibit "B") . 6. The defendant's application for a building permit indicates that the proposed constructuion is an addition and alteration. 7 . on or about October 1, 1993 the said premises were a prior non conforming use subject to the terms of Massachusetts Genrai Laws Chapter 40A (Massachusetts Zoning Act) . 8. On or about October 1, 1993 Defendant knew or in the exercise of reasonable care should have known that the said premises, did not conform to the side and back line requirements of the Zoning By-Law and constituted a prior non conforming use. 9. On or before October 1, 1993 the Defendant had not applied' for''' ' a special permit or a variance with the Town to obtain approval for the proposed construction. , 10. The defendant's application for a building permit states that' the premises do conform to the requirements of the zoning , code. 11. The defendant's application for Building permit incorrectly stated that the premises conformed to the zoning by law and r therefore constituted a fraud. 12 . That by reason of the aforesaid misrepresentations made by, defendant, DiSalvo, to the Town of North Andover,, said Town issued a building permit thereby violating MGL C 40A and causing monetary damages to the plaintiff. 13 . As a direct and proximate result of the intentional failure,, 1 , of the defendant, DiSalvo, to properly represent the zoning ,of i the said premises in the application for a building permit, plaintiffs have sustained monetary damages represented by a diminutiuon in the value of their real estate. Y i I I I COUNT II Lisa Bahrawy, Trusttee Pyramid Realty v Sebastian G. DiSalvo 14. The plaintiff realleges and incorporates by reference count I paragraphs 1-10 as if fully set forth herein. 15. The defendant's application for Building permit negilgently and incorrectly stated that the premises conformed to the zoning by-law. 16. That by reason of the aforesaid misrepresentations made by defendant, DiSalvo, to the Town of North Andover, said Town issued a building permit thereby violating MGL C .40A and causing monetary damages to the plaintiff. 17. As a direct and proximate result of the negligent failure, of the defendant, Sabastian G. DiSalvo, to properly represent the zoning of the said premises in the application for a building permit, plaintiffs have sustained monetary damages represented, by a diminutiuon in the value of their real estate. COUNT III Lisa Bahrawy, Trusttee Pyramid Realty v Sebastian G. DiSalvo 18. The plaintiff realleges and incorporates by refernce Counts I; & II paragraphs 1-17 as if fully set forth herein. 19. On or about October 1, 1993 the said premises were a prior .non i conforming use subject to the terms of Massachusetts General Laws Chapter 40A. 20. Massachusetts General Laws Chapter 40A Section 6 requires that, any reconstruction, extension or structural change ,of a prior non conforming use requires the property owner to apply for a special permit and/or variance and attend a public hearing to which all abutters must receive notice. I 21. The plaintiffs are abutters of the defendant DiSalvo and neYer, received notice of a public hearing,. 22 . The Town of North Andover records on ' June 22, 1994 ,did not reflect that defendnat DiSalvo made an application for a a special permit. I i . . 1 ,i i i 23 . The defendant DiSalvo did not follow this procedure. i 24 . The defendnat is in violation of the requirements of Massachusetts General Laws Cahpter 40A Section 6. I i 25. As a direct and proximate result of the negligent failure, of the defendant, Sabastian G. DiSalvo, to properly represent the zoning of the said premises in the application for a building I permit, his fail;ure to apply for a special permit th,e plaintiffs have sustained monetary damages represented by a diminutiuon in the value of their real estate. i COUNT IV Negligence: i Lisa Bahrawy, Trustee Pyramid Realty Tust v Town of North Andover 25. The plaintiff realleges and incorporates by reference Paragraphs 1-24 as if fully restated herein. 26. On or about October 1, 1993 the defendant The Town of North �. Andover operated and maintained a building department for the purpose of reviewing applications for building permits and issuance or denial of building permits. 27 . On or about October 1 1993 Robert Nicetta was the chief Building Inspector responsible for the review of building, " permits and the issuance or denial of building permits. i i I �L ,.T i 28. On or about October 1, 1993 defendant DiSalvo made an application for a Building permit for premises located at 109 Sutton Street, North Andover, Massachusetts, to construct and extension or addition to said premises. 29. On or before October 1, 1993 , the defendant, the Town of North Andover, knew or in the exercise of reasonable care should have known that the use of the premises located at 109 Sutton Street, North Andover, Massachusetts constituted a prior, nonconforming use and that defendant's request for a building permit for the construction of an extension or addition was governed by MGL Chapter 40A Section 6. I . 30. On or before October 1, 1993 the defendant Town of North Andover did not inform defendnat DiSalvo that his application for a building permit could not be approved until an application had been filed with the I Zonong Board of Appeals for a Special Permit or Variance. 31. On or about Ocotober 1, 1993 the defendant Town of North Andover wrongfully issued a building permit to defendant DiSalvo signed by Walter Cahill. 32 . On or about June 22 , 1994 the Town of Noth Andover's records'' did not contain a U-2 form, as required prior to the issuance of the building permit. 33 . As a direct and proximate result of the failure of the defendant, the Town of North Andover, to exercise reasonable care in the review of the aforementioned application for Building Permit and negligently failing to complte.a U-2 form,' the Town negligently and wrongfully ; issued a Building Permit to the defendant Disalvo. 34 . As a direct and proximate result of the negligence of the' defendant, the Town of North Andover, the plaintiff, Lisa Bahrawy, Trustee of Pyramid Realty Trust was caused to suff6r monetary damage. WHEREFORE, the plaintiff demands judgment against the defendants follows: 1. Counts 1, 2 , 3 against defendant Sebastian G. DiSalvo Order the defendant to cease construction at the i I fl b- premises located at 109 Sutton Street, North Andover, MA 2 . Counts 1, 2 , 3 against defendant Sebastian G. DiSalvo remove the addition that has been constructed on the said premises based on a fraudulently procured and improperly issued Building Permit; 3 . Counts 1, 2 , 3 against defendant Sebastian G. DiSalvo Order the defendant to pay plaintiff monetary damamges f in an amount as determined by this Honorable Court plus costs, interest and reasonable attorney's fees. 4 . Count 4 against the defendant Town of North Andover 1 Order the Town to rescind the Building permit; , I i 5 . Count 4 against the defendant Town of North Andover Order •the Town Building Inspector to issue a cease and desist order to the defendant Sebastian Disalvo and his builder. i 6 . Count 4 against the defendant Town of North Andover Order the Town to pay monetary damages in an amount as determined by this court, plus costs, interest and reasonable attorney's fees. 7 . Such other relief as the Court may deem just. The plaintiff, demands trial by jury. II, I 1 I The Plaintiff, Lisa Bahrawy Trustee Pyramid'Re lty Trus and By ,its At or ys ame y A. Bahrawy BBO # 1026280 55 Main Street i North Andover, MA 01845 (508) ,682-1141 l ;�ORT!�' own ofdover /0 r,_ x Cr'n �`t"` y dover, Mass., l 19,� A0RAT E D "BUILD _ '-i Y BOARD OF HEALTH Food/Kitchen TO Septic System BUILDING INSPECTOR HIS CERTIFIES THAT......... 4#49*41107027h49.0.... .. .................................... Foundation is permission to erect./#404P/. .W00 buildings on Q.. .u..l..... .,i r........................... o 7777.. .. R ugh be occupied as..... .. ... ......#f. ..irr. .. .......... .......................... ............ Chimney vvided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final Is office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of illdings in the Town of North Andover. PLUMBING INSPECTOR ILATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final UNLESS CONSTRUCTJON 07ARTS ELECTRICAL INSPECTOR Rough Service BUILDING INSPECTOR Final Occupancy Per-init IZegw7-ed to Occyj)y Butilclirl9 GAS INSPECTOR Display in-a Conspicuous Place -on the Premises -- Do Not Remove Fi Ugh Final No Lathing or Dry Mall To Be Done TIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. _ -Burner - INING FINAL GQNSERVATION - FINAL street No. Smoke Det. RIWATER FINAL - - Y DRIVEWAY ENTRY PERMIT _ SEE INSTRUCTIONS ON BACK OF THIS FORM PLEASE TYPE OR PRINT EXCEPT WHERE SIGNATURE IS REQUIRED Trial Court of Massachusetts 3a DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT #94-1394 C Division LAINTIFF(S) DEFENDANT(S) l dPAQY G . S A-L V67C- FTORNEY(S)FIRM NAME,ADDRESS AND TEL.) ATTORNEY(S)(if known) s�7 n MAS 5'r, M-4 oard of Bar Overseers # (Required) ORIGIN CODE AND TRACK DESIGNATION Place an ® in one box only: - I 1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c 231, s. 102C (X) judg'ment/order (Mass. R Civ. P. 60 (X) i ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side). CODE NO. TYPE OF ACTION specify) TRACK IS THIS A-JURYCASE? -7A TG�9;;< ?mus Yes ElNo 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Addons) v4o-r--NIC A4J ,A (-to 0c,4-1-rf) 5'o7 CA-- 5 4,M/JD NG. VA/01!�-4 M 6 L , Lcc 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY; MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: G�� — �' pct, 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED'ACTION PENDING -7 . IN THE SUPERIOR COURT DEPARTMENT. NATU OF ATTORNEY RECORD OR PLA INTI DAA y^, z-L I f—� - - 1&/,-t- : / r I • ONLY • NOT WRITE BELOW DISPOSITION A. Judgment Entered B. No Judgment Entered ' ❑ 1. Before u trial or non-jury hearing ,'PER10 DOUBT jury 1 rY 9 ❑ 6. Transferred to Distritit TH ❑ 2. During jury trial or non-jury hearing Court under G.L. c.ff? TI! gxV)ITY OF ESSEX. ❑ 3. After jury verdict s 1 02CDISPOSMN RED IJ 4. After court finding Disnanitinn (tato `� � 2 i PERMIT NO. `-15'/ APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. ,�"� ? �L� �',' PAGE i MAP INO. LOT NO. 2 RECORD OF OWNERSHIP JDATE (BOOK PAGE ZONE 1 SUB DIV. LOT NO. r �� LOCATIONPURPOSE OF BUILDING t ZLC�C 4 S D I1 OWNER'S NAME 1r. o IV NO. OF STORIES SIZE T 1 44 OWNER'S ADDRESSq V BASEMENT OR SLAB N ARCHITECT'S NAM SIZE OF FLOOR TIMBERS IST _ 2ND 3RD .,.1 BUILDER'S NAME ).� �'C I 4 ��'�.� SPAN _fir= r nr12 �1►�� 41 DISTANCE TO NEAREST BUILDING - DIMENSIONS OF SILLS C' O DISTANCE FROM STREET " POSTS 41 O a 41 DISTANCE FROM LOT LINES—SIDES REAR �.--y GIRDERS V J ,U Gl AREA OF LOT /^� /� FRONTAGE HEIGHT OF FOUNDATION I i 1 S 10 �. _ s`7 En THICKNESS t to B GS IS BUILDING NEWi );O SIZE OF FOOTING X 1641"'1 IS BUILDING ADDITION 1'\► �f�' MATERIAL OF CHIMNEY 7 IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND S O Yrs di 0 G WILL BUILDING CONFORM TO REQUIREMENTS OF CODE /mss IS BUILDING CONNECTED TO TOWN WATER �/� , d, •rI BOARD OF APPEALS ACTION. IF ANY j IS BUILDING CONNECTED TO TOWN SEWER YC 4-1 18 BUILDING CONNECTED TO NATURAL GAS LINE Q Z s PROPERTY INFORMATION INSTRUCTIONS W 44 LAND COST O O SEE BOTH SIDES EST. BLDG. COS U Y.191 0 0 0 Aa EST. BLDG. COST PER SQ. FT. "t q H 4-1 Sj� W EST. BLDG. COST PER ROOM N O A / 4J N Loc tion SEPTIC PERMIT NO. 4 APPROVED BY o No. 1 Date .! :L'�' j w b -W o f •,I S of HOeT.1h TOWN OF NORTH ANDOVER 4 3� 0t I BOARD OF HEALTH U Certificate of Occupancy $ o Building/Frame Permit Fee $ �C A, c) -� 4 P ° .. �.. .. • -H A. AqcHusE< Foundation Permit Fee $ � o M < /- � PLANNING BOARD e 'ri Other Permit Fee 4J • r__ Sewer Connection fail $ po 3<�q w WatslggnneC ion Fee $ BOARD OF SELECTMEN ZI TOTA ��t $ �` Building Inspector J BUILDING INpECTOR Div. Public Works i