HomeMy WebLinkAboutMiscellaneous - 1939 GREAT POND ROAD COMMONWEALTH OF MASSACHUSETTS `DECEIVE
i I :.1,WS CFFItCE
SUFFOLK SS. LAND COURT DEPA AMOJ I AM 11: 5 I
DOCKET NO. T
NORTH A D"I"I ?
FRANK J. RAGONESE, )
Plaintiff )
V. )
ALBERT P. MANZI III, ELLEN P. MCINTYRE, )
JOSEPH D. LAGRASSE, RICHARD J. BYERS,AND )
THOMAS D. IPPOLITO, as they are members of the )
North Andover Board of Appeals, and GERALD A. BROWN, )
As Building Inspector,Defendants )
NOTICE OF APPF.AI
TO: Town Clerk's Office
Town of North Andover
Town Hall
400 Osgood Street
North Andover MA 01845
In accordance with M.G.L. c 40A, § 17,please be advised that the above-captioned
action has been filed on August 18, 2006 in the Land Court Department, appealing a decision of
the Board of Appeals of the Town of North Andover, in which the Board voted to deny the
Plaintiff's petition for an administrative appeal.
A copy of said Complaint is enclosed.
Respectfully submitted,
Frank J. Ragonese
By his attorney,
Y�2
nard F. Femoro
BO#162685
Alexander& Femino
One School Street
_EXANDER&FEMINO Beverly, MA 01915
ATTORNEYS AT LAW (978)921-1990
ONE SCHOOL STREET
BEVERLY,MA 01915
(978)921-1990
COMMONWEALTH OF MASSACHUSETTS - _ '-`` `
SUFFOLK SS. ' ` I 0
LAND COURT DEPARTA6ft
DOCKET NO.
06 MISC 328227
FRANK J. RAGONESE,
f�
Plaintiff
V. )
ALBERT P. MANZI III,ELLEN P.MCINTYRE, )
JOSEPH D. LAGRASSE,RICHARD J.BYERS,AND )
THOMAS D. IPPOLITO, as they are members of the )
North Andover Board of Appeals,and GERALD A. BROWN, )
As Building Inspector,Defendants )
COMPLAINT AND APPEAT PTTRSTTANTTO
M_C't T. C14APTRR AOA, SECTION 17
lyM ODT TCTION
1. This is an appeal from the July 18,2006 decision of the North Andover Board of
Appeals rejecting Plaintiff, Frank J. Ragonese's(hereinafter"Plaintiff'), application for
an administrative appeal pursuant to Massachusetts General Laws,Chapter 40A, §§15
and 17, as amended.
JT TR TSDTCTION
2. Jurisdiction over the subject matter of this action is conferred upon this Court by M.G.L.
Chapter 40A, Section 17.
PARTIES
3. The Plaintiff, Frank J. Ragonese, is the owner of property at 1939 Great Pond Road in
North Andover, Massachusetts,which is subject to North Andover Zoning By-Law. The
LLEXANDER&FEMINO
ATTORNEYS AT LAW Plaintiff is a person aggrieved by the decision.
ONE SCHOOL STREET
BEVERLY,MA 01915
(978)921-1990 1
4. The Defendants
Albert P. Manzi, of 1028 Salem Street,North Andover, Massachusetts
Ellen P. McIntyre,of 23 Tanglewood Lane,North Andover,Massachusetts
Joseph D. LaGrasse,of 40 Sugarcane Lane,North Andover,Massachusetts
Richard J. Byers,of 97 Forest Street,North Andover,Massachusetts
Thomas D. Ippolito, of 338 Abbott Street,North Andover, Massachusetts
constitute the North Andover Board of Appeals of the Town of North Andover(hereafter
"the Board") sitting and acting as the permit granting authority pursuant to the provisions
of M.G.L. Chapter 40A, authorized to decide administrative appeals.
Gerald A. Brown is named only in his capacity as Building Inspector and has a
usual place of business in 1600 Osgood Street,North Andover.
5. On or about April 14, 2006,the Plaintiff sought enforcement of the Town's zoning by-
law and requested the Building Inspector to take action,a copy of which is attached as
Exhibit 1.
6. On or about April 27, 2006,the Building Inspector refused the enforcement request and
rendered an opinion as such, a copy of which is attached as Exhibit 2.
7. The Plaintiff filed a timely appeal of the Building Inspector's opinion to the Defendant. A
copy of the application is attached as Exhibit 3.
8. On July 18,2006, a public hearing was held by the Board rendering a decision denying
Plaintiff's application.
EXANDER&FEMINO
ATTORNEYS AT LAW
)NE SCHOOL STREET
BEVERLY,MA 01915
(975)921-1990 2
9. On August 3, 2006, the Board filed its decision with the North Andover Town Clerk, a
certified copy of that decision is attached hereto as Exhibit 4.
10. The Board's decision exceeds its authority as a matter of law and fact and is arbitrary,
capricious and an abuse of discretion.
11. The Board's decision not to grant the Petitioner relief and reverse the Building
Inspector's order is based on errors of law and of fact.
12. The Plaintiff has been harmed by the Board's and the Building Inspector's decision to not
take action. A direct abutter has caused to place and operate refrigerator equipment
without permits in violation of various Town by-laws,as set forth in Exhibit C.
WHEREFORE, the Plaintiff demands that this Court:
1. Rule that the Board's decision is arbitrary, capricious and an abuse of discretion.
2. Enter an order annulling said decision of the Board and the Building Inspector.
3. Grant such other relief as the Court may deem proper and just.
Respectfully submitted,
Frank J.Ragonese
By
rBttorney,
nazd F. "no
O#162685
Alexander&Femino
One School Street
Beverly,MA 01915
(978)921-1990
MCANDER&FEMINO
ATTORNEYS AT LAW
DNE SaiOOL STREET .
BEVERLY,MA 01915
(978)921-1990 3
Mr. Gerald Brown,Inspector of Building
Town of North Andover
400 Osgood Street
North Andover,MA. 01845 .
Re: . Butcher Boy Man Q 1077 Osgood Street.Formal request for enforcement action.
:Dear Mr. Brown,
This is a formal request for enforcement action pursuant to Massachusetts General Law,
chapter 40A, section 7, as you.are the Zoning Enforcement Officer,and Inspector of Buildings
for the Town of North Andover.
As you know, the above referenced property is currently in violation of the North
Andover Zoning Bylaw [NABL]-and the Massachusetts Building Code[780 CMR]_because the
owner(s)has placed/constructed accessory structures in violation of the approved site plan and
failed to obtain any permits prior to action. These structures as you know are too close to the
property line and were installed without approval from the Conservation Commission and
without-re-applying to the Planning Board to amend.the Site Plan Review Decision.
In addition to what appear to be obvious violations,these also,in my-opinion,create an
undue safety hazard with respect to emergency vehicle access to the site and noise generated all .
dayand evening from the refrigeration compressors which clearly create a nuisance to me and
other nearby property owners.
Please,upon receipt of this request,take action necessary to bring the property and all
structures into compliance with the bylaw,Site Plan Review decision,and the Massachusetts
Building Code. I would also ask the Agent for the Conservation Commission to enforce the .
applicable state and local Wetland Protection Regulations and see if the North Andover Fire
Chief feels any enforcement action is necessary to insure the safety of the owner(s) and
occupants of these'structures and property due to these being obstructions of emergency
vehicles?As you see below,I have'also furnished copies-of this request to these other officials
and or'departments.
Ifyou have questions or need any information-from me,please call onytime and thank
you in.advance for assisting me with this problem. You may reach.me at 978-356-6603 days or
leaving a message on 978-794-4462:
Yours truly,
Frank J.Ragonese
cc;. Mark Rees Town-Manager
William Dolan Fire-Chief
Alison McKay Conservation
Curt T. Bellavance Director Community Development .
Lincoln Daley Town Planner
Tuivn of North Andover
wilding Department � .�.. _L•:`
Community Development and Services Division ;
400 Osgood street
Gerald A.Brown North Andover,Massachusetts 01845
Inspectorof Odin
Telephone.(978)68&9545
Fax(97.8)US-9541.
April 27,2006
Mr.Frank L Ragonese
1939 GzCat Fond Road
North.An&m.Massachusetts 01945
Dear Mr.Ragonm:
This letter is in response to your leer dated
April 14,2006 ftqu"tiW
bf E�uildings�ning E�t6or+oe�nt( r e�orcement ac4ion from the
order to. the to M General Law,c6.40A§7 in
with the p��and ally oft*ButcherBoyNW 10'17:osgOod Shea,iw
I am of the following opinion after it0ewoi*your complaint againg
• The North Andover $Bglaw►does the above rrefferenced basiness:
is on wheels is regist +ed;it is "1 a 'or"�1O�I'"• Since the trailer
temporary because it can be moved,
• The NorthAndover $BYE'does not addrci A018e levels is
The North Andb= � district.
BYaa�r does not address-ho�u =operon in any zoning dam.
if y0°have any questions;please feel free.to contact fie. If YOU would lice to
Weal the Nom�'�'Zoning Bylaw;Section 10.4 of the this interpretation of
(30)days before the North Andgver ' 'states that decisions may be.gdeved within
� �of Appeals.
YY,
Claw A.Brown,
Inspector of Buildings/ZoW�Bg
cc: Mark Rees,Town Manager
Ctut ' Development or
Alison McKay.C.OnsWiation Adminia,,,tw-
Lincoln Daky,.Town Plainer .
William Dolan,ch4 F.ne Dcpuunft
Board of Appeals 978-688-9541 1 BWIdiS-97"8.&9345-CQWWa tiM 979-R".530 Hahh 97 . 9340
Planning978688-9333-
RECEIVED
ALEXA ER&FEnxO TOWN CLERK'S OFFICE
ATTORNEYS AT LAw
CMSCHOMSTRW 1006 MAY 25 PM 12: 22
BEVERLY.MAMAC'HUSMS 01915
UXWARD F.MM40 EMAIL'LFI"AUDUNDMMUR O NBT {} T 0 W X 01 F
L
THOMASALEXANDER NORTH A;�N9O`�°m(`�)`M1 1990
i
JMMDA.PAMM . MASSAGHUSE"tn)a-+1553
May 24,2006
Zoning Board of Appeals
Town of North Andover
1600 Osgood Street Bld 20 Suite 2-36
North Andover, Massachusetts 01845
Notice of Appeal Under G.L.c.40A,§8 and
the North Andover Zoning Bylaw,Section 10A
Appellant: Frank J. Ragonese
1939 Great Pond Road
North Andover,Massachusetts 01845(Appellant)
Nature of Appeal: This is an appeal to the permit granting authority under the procedures of the
Massachusetts Zoning Act, G.L. c. 40A, § 8, and the North Andover Zoning Bylaw(Bylaw),
Section 10.4, taken by a person aggrieved by reason of his inability to obtain enforcement action
by the North Andover Building Inspector(Inspector).The appellant seeks action from the
Zoning Board of Appeals(Board)to effect termination of unlawful operation of
storage/refrigeration facilities located on the grounds of the Butcher Boy Mall, 1077 Osgood
Street.
Grounds for Appeal:
a. Appellant sought enforcement of the Bylaw by letter dated April 14, 2006, addressed to the
Inspector.A copy of that letter is attached hereto as Exhibit A,and incorporated by reference.
b. The Inspector refused the enforcement request and rendered an opinion, explaining his
refusal, in a letter dated April 27, 2006, a copy of which is attached hereto and marked
Exhibit B.That letter is incorporated by reference.
C. The public records of the North Andover Planning Department contains a letter dated
November 28, 2005 outlining the Town Planner's perceived violations of the Zoning Bylaw,
Code of Massachusetts Regulations and Wetlands Protection Bylaw. That letter is attached
hereto as Exhibit C and incorporated by reference.
d. The placement and operation of the refrigeration equipment without permits violates the
following provisions of the Town's Bylaws: Section 10.1.1 (requirement to obtain building
permit); Section 4.136 (Watershed Protection District requirements to obtain special permit
from the Planning Board); failure to conform to the Special Permit approving the
construction of the mall, see also the other violations as noted in the Town Planner's letter.
construction of the mall, see also the other violations as noted in the Town Planner's letter.
The applicant also contends that the noise emitting from the refrigeration units is a nuisance
and violates the provisions of 310 CMR 7.10, State Noise Regulation, which is enforceable
by the building inspector.
Relief Request: The Appellant requests that the board exercise powers pursuant to the
Massachusetts Zoning Act and the North Andover Zoning Bylaw,after public notice and ,
hearing,and reverse the decision of the Inspector,thereby to effect termination of illegal land use
and removal of unlawful structures at premises of 1077 Osgood Street(Butcher Boy Mall)and of
activity by the owners of said premises.
Respectfully submitted,
Frank J. Ragonese
By His Attorney,
/Teeonard F.Femino
EXHIBIT A
Mr. Gerald Brown,Inspector of Building
Town of North Andover
400 Osgood Street
North Andover,MA. 01845
Re: . Butcher Boy Mall @1079 Osgood Street.
_Formal request for enforc
en
ert action.
Dear Mr.Brown,
This is a formal request for enforcement action pursuant to Massachusetts General Law,
chapter ow section 7, as you are the Zoning Enforcement Officer and Inspector of Buildings
for the Town of North Andover.
As you know,the above referenced property is currently in violation of the North
Andover Zoning Bylaw[NABL] and.the Massachusetts Building Code [780 CMR]because the
owners)-has placed/constructed accessory structures in violation of the approved site plan and
failed to obtain any permits prior to action, These structures as you know are too close to the
property line and were installed without.approval from the Conservation Commission and
without re-applying to the Planning Board to amend the Site Plan Review Decision.
In addition to what appear t07 be obvious violations,these also;in my.opinion,create an
undue safety hazard with respect to emergency vehicle access to the site and noise generated all
day and evening from the refrigeration compressors which clearly create a nuisance to me and
other nearby property owners.
Please,upon receipt of this request,take action necessary to bring the property and all
structures into compliance with the bylaw, Site Plan Review decision,and the Massachusetts
Building Code.. Twould also ask the Agent for the Conservation Commission to enforce the .
applicable state and local Wetland Protection Regulations and see if the North Andover Fire
Chief feels any enforcement action is necessary to insure the safety of the owner(s)and
occupants of.these'structures and
Property due to these being obstructions of emergency
vehicles?As you see below,'I have-also furnished copies-of this request to these other officials
and or"departments.
If you have questions or need any.information from me,please call anytime and thank
you in advance for assisting me with this problem.You may reach me at 978-356-6603 days or
leaving a message on 978-794-4462:.
Yours truly,
Frahk J.Ragonese
cc;. Mark Rees' 'own Manager
William Dolan Fire.Chief
Alison McKay Conservation
Curt T. Beilavance Director Community Development .
Lincoln Daley Town Planner
EXiIBIT B
Town of.North Andover ;..•
&u Iding Department _:• -`• �,
Community Development and Services Division
400 Osgood Street '� ,'
Gerald A.Brown North Andover,Massachasetts QI845
1>VWtor of Buildings
Telephone.(978)688-9545
Fax(97.8)688-9542.
-*ff 27,2006
Mr.Frank J.Ragonese
1939 Great Fond Road
. North AWaver,Massachusetts,01845
.. .Dear Mi.Ragonese:
This.letter 1s m response to Your letter cid April 14,2006
Inspector of Buildin no action from the
gsl7ioning Eufo�+oe�nent Off oer p�sus Mchietts Geleral Law dt 44A
° tub S PMPCOy incl all o(Vie Boy Man,lorf:os od-Stteck.moo
with the bylaw. tbmpgam
I am of the following opinion after 1nveSt
• The North Andover 83' complaint against the above referenced business:
&Bylaw does not define"P 'ortenmoraly
. Since the trailer
is on wheels and is refired;it �Y because it can bt moved,
• The North Ando er Zoning BYE►does not address mise le:vela�a.
i
The North An t Zoning By-law does not addnm'houm-4
9PMItim,inanYzoWngdstdCL
If you have any moons;Please fed free to CODW Mt1f you would Ae to appeal this ifteMrejadop of
the North &m Zoning Bylaw;Section 10.4 of the Bylaw'states that decisions may be.grieved wi iin
( )daps before the North Andover Zon ag Board of-Appeak
Sincm*,
Iaspect�of Buildmgs/Zoning E , . .
cc: Mark Rees,Town Manager
curt aellavance;:C.o y Dm M
Alison McKay,Consetvation Adminisr
Lincom Dale9,.TOwn Plaines -
Williain nolaa, Mm Departmem
Board of Appeals 978-688-9541 BmIft 97$4$8-9343 Gonwvx"g724M9530 HeaM 97&6M590
PINVIins 978688-9S35
EXHIBIT C
µORT,
J '
9
tSS �
Town of North Andover
Community Development Division
400 Osgood street RECEIVED
North Andover,Massachusetts 01845
Angus Realty Corporation '"
APR 13 2006
1077 Osgood Street
North Andover,MA 01845 NORTH ANDOVER
CONSERVATION COMMS M
November 28,2005
Mr.Ken Yameen:
This letter is in response to a meeting with Mark Rees,Town Manager seeking a resolution to the
refrigeration units located behind the Butcher Boy Market Place. It is our understanding that an abutter,
Frank Rangonese filed a complaint against the Butcher Boy Market Place regarding the level of noise
produced by the structures. We further understand that discussions between Butcher Boy Market Place
and Mr.Rangonese were left unresolved.Mr.Rees asked the Community Development Division to
examine the historical records and remedy the situation.The statements below are based on information
of record within the Division of Community Development.
As defined by the North Andover Town Bylaw and as determined by the Inspector of Buildings,the
refrigeration units are categorized as a building and/or structure. Building Department records indicate
that the Butcher Boy Market Place did not obtain the necessary building permits to construct or locate the
refrigeration units on the property. As such,the Butcher Boy Market Place is currently in violation of 780
CMR 110.0 Application for Permit,Subsection 110.1 Permit Application which states:
"It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building
or structure; or to change the use or occupancy of a building or structure; or to install or
alter any equipment for which provision is made or the installation of which is regulated by
780 CAM with first filing a written application with the building of ficial and obtaining the
required permit therefore.
The Building Department would be required to issue a Cease and Desist order for those structures without
a building permit.
Upon examination of the Planning Department files,the Site Plan Special Permit in the 1988 Settlement
Decision and 1990 Planning Board Conditions of Settlement make no mention of structures utilized for
refrigeration. Further,the Final Approved Site Plans dated 10/15/86,Revised 10/22/91 do not contain
any reference or detail of structures used for refrigeration outside the footprint of the approved main
Town BYlaw Section 2.26 Building-A strums having a roof supportedby columns or walls for the shelter,support, or
enclosure of persons,animals,or property.
Town Bylaw Section 2.68 Structure - Means a combination of materials to form a construction that is safe and stable,
including, among others,buildings,stadiums,tents,reviewing stands,platforms,staging,observation towers,radio towers,
water tanks,towers, private and public swimming pools,trestles,piers and whary
display signs:the tern structure shall be construed as if followed the words �' �shelters, fences and wally and
by rds"or thereof~
P�
building. As determined by the Town Planner,the buildings and/or structures in question are considered
substantial and materially different to the approved site plan and require the applicant to file a
modification with the Planning Board in accordance with Section 8.3.8 of the Town Bylaw.
The Conservation Administrator recently conducted an onsite inspection and after reviewing
Conservation Department files,determined that the refrigeration structures are in violation to the 50'No
Build setback and 25'No-Disturbance setback as regulated in 3.4(Buffer Zones)of the North Andover
Wetlands Protection Bylaw,which reads:
"Where a proposed activity involves the removir►g,filling: dredging or at
of Buffer
Zone, the Commission shall presume that protection of the Buffer Zone of a resource area
identified in Section 1.3 is significant to the interests specked in Section 17$1 of the Bylaw.
This presumption is rebuttable and may be overcome upon a clear showing that the Buffer
Zone does not play a role in the protection of said interests In the event that the
Commission deems that the presumption has been overcome, the Commission shall make a
written determination to this effect setting forth its grounds The 100-foot Buffer Zones of
Bordering Vegetated all confain, at a minim
* a 2S foot No-Disturbance Zone and a 50-
foot No-Build Zone..."
Further,all activities performed(including, but not limited to the placement of a structure(s))within the
100'buffer zone to a protected wetland resource area shall be subject to review and approval by the
Conservation Commission. "The Commission shall not grant such permission without receiving written
notice of the intention to conduct such activity, and without issuing written permission to do so in
compliance with the provisions of the Bylaw"
We AmLn&encourage you to meet with the Staff of the Community Development Division to discuss an
appropriate course of action and alternatives to the current refrigeration units on site. The Town fully
appreciates the commercial and historical significance of the Butcher Boy Market Place. The Community
Development Division would be more than willing to work with Butcher Boy Market Place to resolve this
issue in the best interest of the parties involved. ffyou have any questions,please feel free to contact Curt
Bellavance,Community Development Division Director at 978-688-9533.
Sincerely,
Lincoln Daley, Town Planner
on behalf of the North Andover Community Development Division
CC: Mark Rees,Town Manager
Curt Bellavance,Community Development Director
Gerald Brown, Inspector of Buildings
Alison McKay, .
y,Conservation Administrator
Susan Sawyer, Health Director
Lincoln Daley, Town Planner
Frank Rangonese,Abutter
�ORTJy
0 S``eO '`,~o ��.i r f ir1omeStamp
tyIE C�� 4
"p A' 2066 AUG -3 pM 2: 55
/� iK.11Cf[iY r
�sswc TO'M Of
ZONING BOARD OF APPEALS
QH
(ommunity Development Division
MASSA;�rt#��
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2006
of this notice in the office of the
Town Clerk,per Mass.Gen.L.ch
40A,§17 Property at: 1977 Street
NAME: Frank J.Ragonese,1939 Creat Pond HEARMG(S): July 18,2006
Road
ADDRESS: re:property at: 1077 Street PET MON: 2006-023
North Andover,MA 01845 TYPING DATE: July28,2005
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 18,2006 at
7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Frank J.
Ragonese,1939 Great Pond Road,requesting a Finding from the Zoning Board of Appeals under Section 4,
Paragraph 4.136;Section 8,Paragraph 8.3.8,Section 10,Paragraphs 10.1.1,and 10.4 of the Zoning By-law in
order to appeal the Inspector of Building's failure to act upon petitioner's request for enforcement action of
alleged Zoning Bylaw violation by Angas Realty Trust d/b/a.Butcher Boy,1077 Osgood Street,(Map 35,
Parcel 27)North Andover,MA Legal notices were sent to all names on the abutter's list and were published in
the Eagle-Tri'bune,a newspaper of general circulation in the Town of North Andover,on July 3 8t 10,2006.
The following voting members were presents Ellen P.Mcdntyne,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,IIl,and Thomas D.Ippolito. The following non-voting members were print: Richard Ni Vaillancourt,
and Daniel S.Braese.
Upon a motion by Albert P.Manzi,III and 2nd by Richard J.Byers,the Board voted to uphold the Inspector of
Buildings/Zoning Enforce Officer's letter of April 27,2006 and DENY the Finding of the party aggrieved
Voting in favor of the motion to deny the Finding: Ellen P.Mdutyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and Thomas D.Ippolito
Town of North Andover
Board of Appeals,
3
t
Ellen P.Mclntyre,
Decision2006-023.
M35P27 ATTEST:
A True Copy
py"o
Town Clerk
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fox 978.688.9542 Web www.town0northandover.win
ja0 R Try
?0o. ,-CVL`D 0"*6 me Stam
c«wc..ew2906 AUG -3 PM 2: 55
� oy rt. 1A
�9SS�cHus��
T1 W1N OF
ZONING BOARD OF APPEALS
(ommunity Development Division M�S<s1 }�
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2006
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch.
40A, §17 Proat: 1077 Osgood Street
NAME: Frank J.Ragonese, 1939 Great Pond HEARING(S): July 18,2006
Road
ADDRESS: re:property at: 1077 Osgood Street PETITION: 2006-023
North Andover,MA 01845 TYPING DATE: July 28,2005
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 18,2006 at
7:30 PM in the Senior Center, 12OR Main Street,North Andover,Massachusetts upon the application of Frank J.
Ragonese,1939 Great Pond Road,requesting a Finding from the Zoning Board of Appeals under Section 4,
Paragraph 4.136, Section 8,Paragraph 8.3.8,Section 10,Paragraphs 10.1.1,and 10.4 of the Zoning By-law in
order to appeal the Inspector of Building's failure to act upon petitioner's request for enforcement action of
alleged Zoning Bylaw violation by Angus Realty Trust d/b/a Butcher Boy,1077 Osgood Street,(Map 35,
Parcel 27)North Andover,MA. Legal notices were sent to all names on the abutter's list and were published in
the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on July 3& 10,2006.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.
Manzi,III,and Thomas D.Ippolito. The following non-voting members were present: Richard M.Vaillancourt,
and Daniel S.Braese.
Upon a motion by Albert P.Manzi,III and 2nd by Richard J.Byers,the Board voted to uphold the Inspector of
Buildings/Zoning Enforcement Officer's letter of April 27,2006 and DENY the Finding of the party aggrieved.
Voting in favor of the motion to deny the Finding: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and Thomas D.Ippolito
Town of North Andover
Board of Appeals,
P
Ellen P.McIntyre,thiirmW
Decision2006-023.
M35P27
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com
og tO RT s Town Clerk Time Stamp
RECEIVED
2006 JUN -6 AM 9: 59 �*���A •���
-I,r c �sSACHUS
l z=
u's�.l 0�
HORT H / 1T0Vr.,`
iAtSSA1Fd,1?�4;s.,.i,.F 1 ZONING BOARD OF APPEALS
Community Development Division
Senior Center Legal Notice
120 R Main Street North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at e
in the to floor of Town Hall, 120 Main Street,North Andover, MA on
p
Tuesday the 11`t'of July, 2006 at 7:30 PM to all parties interested,in the application of
Frank J. Ragonese, 1939 Great'Pond Road, requ"a Finding from the Zoning
Board of Appeals under Section 4, Paragraph 4.136, Section 8, Paragraph 8.3.8, Section
10, Paragraphs 10.1.1, and 10.4 of the Zoning By-law in order to appeal the Inspector of
Building's failure to act upon petitioner's request for enforcement action of alleged
Zoning Bylaw violation by Angus Realty Trust d/b/a Butcher Boy, 1077 Osgood
Street, (Map,3 5, Parcel 27)North Andover, MA.
Said premise affected is property with frontage on the East side of Osgood Street within
the GB zoning district.
Plans are available for review at the office of the Board of Appeals office, 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 June 26&July 3, 2006.
Legalnotice 2006-023
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fax 978.688.9542 Web wwwjownotnorthandover.com
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,jr000 Osgood street,
,aviad`ng 2o,Suite 2-36
North Andover, MA 01845
7006 0100 0006 0844 2310
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Town of North Andover 2nd NOTICE o
Main Street
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North Andover MA 01845 Q 4.
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