HomeMy WebLinkAboutMiscellaneous - 105 MIDDLESEX STREET 4/30/2018 (3)0
January 20. 19919
Fax: 688-9556-- Town HaII
To: Ann Benedict, Selectman's Office
From: D. Robert Nicetta, Building Dommissioner
Re: ZBA Petition 037-98 - 105 Middlesex St.
The attached letter from me in response to correspondence from Ms.
.Veronica Tanner, 35-Mfton St. -regarding-the construction -of -a -garage by -John
& Gail Munro at 105 Middlesex St.
Please see that Selectman Keith Mitchell and John Leeman receive a
copy of my letter. T-hank--vola-#ar. c-attention-inAhis-matter.
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
(978)„688-9531
January 12, 1999
John J. & Gail E. Munro
105 Middlesex Street
North Andover MA 01845
Re: ZBA Petition 037-98
Dear Mr. & Mrs. Munro:
1 '4*- L4, e"
Fax(978)688-9542
The certified plot plan dated January 7, 1999 as submitted by your builder indicates that
the rear wall of the structure is in violation of the referred petition.
The rear wall has been reconstructed without permission of the Building Department and
now has a "jog" of approximately, 0.45 feet.
It is recommended that you file a new application with the Zoning Board of Appeals
(ZBA) requesting a modification of the original variance.
The Stop Work Order posted on the building is to remain in effect pending the ZBA
decision and is to be removed only by the Building Department.
If you have any questions please call me at 978-688-9545.
Very truly yours,
D. Robert Nicetta, Building Commissioner
DRN/j
cc: Robert J. Halpin Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
Joseph Mahoney, ESQ
Michael P. O'Connor
William J. Scott, Director CD&S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Robert J. Halpin
Town Manager
MEMO
TO: Robert Nicetta, Building Inspector
'nr,-
FROM: Karen A. Robertson, Adm. Asst. 4�
DATE: January 11, 1999
RE: Resident Concerns
Telephone (978) 688-9510
FAX (978) 688-9556
Enclosed please find correspondence from Ms. Veronica Tannert, 35 Milton St.,
North Andover, regarding the construction of a garage by John & Gail Munro at
105 Middlesex Street.
Please review and provide this office with an update. Thank you.
Enclosure
RECEIVED
JAN 1 1 1999
BUILDING DEPT
LAW OFFICES
127 TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS 01845-5095
VICTOR L. HATEM
ALSO ADMITTED IN N.H.
JOSEPH V. MAHONEY
PETER L. HATEM
ALSO ADMITTED IN FLORIDA AND N.H.
January 8, 1999
Mr. William J. Sullivan, Chairman
Zoning Board of Appeals
40.41 A. -A dever Street
North Andover, Mass. 01845
re: 105 Middlesex Street
Dear Mr. Sullivan:
(978) 685-3368
FAX: (978) 682-1712
I represent Mr. and Mrs. Michael P. O'Connor, 29 Milton Street, North Andover, abutters
of the above-cited property which was granted a variance, as you know, on September 9, 1998, to
accommodate a two -car garage.
As I understand it, construction of the garage ceased last week because the building
inspector issued a stop -work order in that the structure was not being built in conformity with the
plans approved by the Zoning Board of Appeals. It violates the variance with respect to the rear
setback.
Subsequently, the Munros (who benefit from the variance) have had their contractor
attempt to make the structure conform to the plan by chipping away at the footings and by
modifying the rear of the building. This, with the hope that the building will meet code and town
requirements, and that assurance of that can be given to the building inspector.
The result, it seems to me, will amount to a modification of the variance. The
modification, it seems to me, calls for a rehearing of the issue before the board of appeals.
Consequently, I would respectfully ask that you re -think your decision, and before any further
work is undertaken, to re -open the entire issue.
The O'Connors are aghast at the magnitude of the structure authorized by the board of
appeals. Its footprint is not only more than double the original garage, it's also now two stories
rather than one. With an overhanging roof. And practically in their back yard.
DECEIVED
JAN 1 1 1999
BUILDING DEPT.
They acknowledge that they did not appear to the original hearing. They did not oppose
the variance; they were not told that the garage would be two stories and not one. They did not
appeal the variance within the statutory period. They were ignorant of the law; it turned on there
and bit them..
I've viewed the garage. My own opinion is that it's in a neighborhood of older, smallish
lots, and it dwarfs some of the nearby houses. In my opinion, it certainly is a detriment to the
public good and it adversely affects its neighbors. In hindsight, it is hard to see how the variance
meets the statutory criteria—which you are well aware of.
You, Mr. Sullivan, have always been more than fair with me. As for others, I have
observed over the years that you and Walter Soule and the members of the board bend over
backwards to be accommodating and reasonable and fair with all parties. I would ask you to be in
this case, too.
Given all of the foregoing, given that the building does not conform to plan, given that
the builder is tinkering with what he put in the ground to try to make it conform, and given that
the building inspector has shut things down, I would respectfully request that you consider either
rescinding the variance or reopening the issue :or further consideration.
Thank you for your consideration, and I look forward to your response.
Very truly yours,
ly�Eff
Jos V. Mahoney
cc: Robert Nicetta
Michael P. O'Connor
HAG6953\ltr to Mr Sullivan 1-9-99.doc
LEGAL,NOTI
� "t _q Date
Article , Section of the Zoning Ordinance
WHEREAS, violations ofArticle , Section of the Building Code have been found on
[Article , Section — of the Code
these premises, IT IS HEREBY ORDERED in accordance with the above Code that all persons cease, desist
from, and
10
STOP WORK
at once pertaining to c natM o Arrii
201 repairs on
known as ,
All persons acting contrary to this order or removing or mutilating this notice are liable to ary t
unless such action Is authorized by the Department.
%t '
-D
r
k -4
. BUILDING OFFICIAL
xa
a r
�WP IM
N.
fi* i' yea b�s.
r i`� �
i.ysb n1" �f ^'"''. Y" s4Y"'I,��f�4•1rq"4�, i
� � t�4 Ft t o r t a i u 'yAy� } I �✓ `it ' y,..::P•; Wy
„*: a..� *;k 'y,« 7Fe �iy k{' dr ��� m �� ?i1jr���' V� ;g ii�s F�..i "�.Sa,�• Mr dL� msaS��6.ir`-.
t4 �
-W
+a.t = C 4 1` t . 'S F � / ( Y+i' F''.. K y k ��i� P. R^ F M•(ri`•y�'Pirt!
t
X
t & Y � ! l • M A .2 il .Y SY J .fir 9.. .� 1 ..d'L
ri'S r
'3µ
'f4 fir,
' b�f{.t�i r � � O�"s• - p ra 3F' '
� .� r �✓ 'r r,� , �+t � 4• Gr��� Ea's �! �'
G df�,�yE,tt.f i ✓ � R._ r: {t _.� . riY F .3,:
t 4-�s I)'` ,yt t "`Id^{ y✓c �` y v jI r � "'r}•Y �,sf aa�a �°�t'�b •t v g�s �.7� �'•�• �Y{'�¢ t ' r
,� s '♦tom Fb k 1X � � J; t �.
a)
..� �=lra;•t•tll�bt•
dnr_a�ar��,uaw�ar
4
i
Vv
AL, MA
dnr_a�ar��,uaw�ar
Town of North Andover F NORTN
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES p
27 Charles Street
WILLIAM J. SCOTT North Andover, Massachusetts 01845 s..Arlo E��y
Director
(978) 688-9531 Fax (978) 688-9542
January 21, 1999
MEMORANDUM
TO: D. Robert Nicetta, Building Commissioner
FROM: Donna Mae D'Agata
RE: Complaint
Attached is a memo from the Town Manager's Office requesting Bill to respond
to Mrs. Tannert's concerns of a garage constructed by Mr. & Mrs. Munro at 105
Middlesex St.
Please provide Bill with information to respond to the Town Manager.
RECEIVED
JAN 21 1999
BUILDING DEPT.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Robert J. Hal in ''<��' -: ��
Halpin � Telephone (978) 688-9510
Town Manager 0'� oA FAX (978) 688-9556
TO:
FROM
DATE:
RE:
MEMO
William Scott, Director of Community Development & Services
Karen A. Robertson, Administrative Assistant \cq
January 14, 1999
Resident Concerns
Enclosed please find correspondence from Ms. Veronica Tannert,
35 Milton Street, North Andover, regarding the construction of a garage by
John & Gail Munro at 105 Middlesex Street. Also enclosed is a response
from Robert Nicetta, Building Inspector.
Please review and provide the Town Manager with additional information
regarding Ms. Tannert's concerns. Thank you.
Enclosure
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
VIU11AM J. SCOTT
Director
(978) 688-9531
January 12, 1999
John J. & Gail E. Munro
105 Middlesex Street
North Andover MA 01845
Re: ZBA Petition 037-98
Dear Mr. & Mrs. Munro:
to
Fax (978) 688-9542
The certified plot plan dated January 7, 1999 as submitted by your builder indicates that
the rear wail of the structure is in violation of the referred petition.
The rear wall has been reconstructed without permission of the Building Department and
now has a "jog" of approximately, 0.45 feet.
It is recommended that you file a new application with the Zoning Board of Appeals
(ZBA) requesting a modification of the original variance.
The Stop Work Order posted on the building is to remain in effect pending the ZBA
decision and is to be removed only by the Building Department.
If you have any questions please call me at 978-688-9545.
Very truly yours,
D. Robert Nicetta, Building Commissioner
DRIB
cc: Robert J. Halpin Town Manager
Keith Mitchell, Chai7n SOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
Joseph Mahoney, ESQ
Michael P. O'Connor
William J. Scott, Director CD&S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
[RECENCDD
---------------
January 28, 1999
Town of North Andover
Community Development and Services
27 Charles Street
North Andover, MA 01845
Attn: Members of Community Development and Services
My name is Fran DiNuccio and I live at 39 Milton Street in
North Andover. Recently a large structure was built on 105 Middlesex
Street that over looks my kitchen picture window. My concern is that I
was not informed about this building being constructed since it is
approximately 175 feet from my land line. My other concern is that this
building does not conform with this neighborhood. I would have no
complaints at all if truly a two car garage was to be there, but I feel
this building is a far cry from a two car garage.
Sincerely,
Fran DiNuccio
39 Milton Street
North Andover, MA 01845
cc: Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
William J. Scott, Director CD&S
Towler
40 Third Street
North Andover, MA 01845
January 28, 1999
Mr. William Sullivan
Chairman
Zoning Board of Appeals
Town of North Andover
North-Andov��� ----- r _- - _
RE: 103 Middlesex Street, North Andover, MA
Dear Mr. Sullivan:
It is our hope that the Board of Appeals will rule in favor of preserving the
traditional appeal of the neighborhood and propose a compromise so that the
builder on 105 Middlesex Street's needs for expansion do not infringe on the
privacy and comfort of the abutters.
We are writing to you as residents of 40 Third Street, North Andover, MA to
express our objection to the Town's approval of the structure being built on 103
Middlesex Street. The approval of such a two-story structure as seen from Milton
Street detracts from the aesthetics of this conventionally quaint neighborhood.
Respectfully submitted,
David R. Towler Karen L. Towler
/kt
cc: Robert Nicetta North Andover Building Inspector
Keith Mitchell North Andover, Chairman, Board of Selectman
William Duffy: Selectman
John Leeman Selectman
Donald Stewart Selectman
David Torrisi Selectman17
' .-•--� ._._____
�5 ...
FEB 2 1998
L �_� ;
�� S�c►+ug ��
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
February 3, 1999
Mr. Fran DiNuccio
39 Milton Street
North Andover, MA 01845
Dear Mr. DiNuccio,
FAX (978) 688-9542
I am in receipt of your letter dated January 28, 1999 regarding the Munro garage at 105 Middlesex Street.
Please be advised that I will address your concern regarding the notification of the legal notice as follows:
At the time of the filing of the application, Mr. Munro submitted a certified Assessor's abutters list
containing the map and parcel and the corresponding names and addresses of abutters. This is the list
we use to mail the legal notices to. The normal requirement is abutter to abutter within 300 feet of Mr.
Munro's property.
The legal notice was then advertised in the Lawrence Tribune on 8/25/98 and again on 9/1/98.
The legal notice was posted on the Town Hall bulletin board 2 weeks prior to the meeting date of 9/8/98.
We followed the guidelines and procedure according the our standard process.
If you wish to pursue the matter with the Assessor's office as to why your name was not listed on the
certified abutters list then by all means: feel free to do so.
Best regards,
Walter F. Soule
Acting Chairman
Zoning Board of Appeals
cc: Garrett Boles, Assessor
Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
Willliam J. Sullivan, ZBA
William J. Scott, CD&S
ml/DiNuccio
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
TO
DATE
TIME AM
p
PM
x
FROM
AREA CODE
NO.
OF
L0ryry
,
All
EXT.
L'
M
E
sV11
`S
r
— /
/�l(�
S
(�C 1
i
A
oD
G
0
E
SIGNED
PHONED 0
BACK
RNED
ALL ❑
WAS IN
URGENT
CALL
SEE YOU AGAIN
0:!05/99 15:13 FAX 508 6889556 NORTH ANDOVER
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
1 6
,n x o kr r rRE=
13 1V1E'111`E � L itGE. 3
w1I"1r�TtT 1.TTf1l rrn Ad.(1 f1 I TW TC—Y S \I
NORTM Il A%1 N VQ V r �l, 1Vj1vi a'Kt.-L1lr JL t L U l "i
Rober[ J. Halpin 0_ 0
1 awn manager
TO: William Scott, Director of Community Development & Services
FFr1TV: K,..nvp-n. :l. R:^E` rtg:`," A���«fs�'au r� A +—# (17'
_ L rsss^::.::1�
1.0 a LZ1. I—mn , uy r AAA
1JL11t�. i`�ut ua[7
RE: 105 Middlesex Street
0001
"telephone (978) 688.9510
FAX (978) 688-9556
Enclosed are five letters this office received regarding the construction of a garage by
Jon & Gail MUM0 at 105 Middlesex Street.
As we discussed today, please review with the Chairman of the ZBA and provide this
Ofi lCG W1Ul Ail uFlu6t.0 ulL UUb LINALLCI CUL Mout d�ijr. Inank yo u.
Enclosure
Post -it" Fax Note 7671
Pham a
Fax ff r
10.
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Robert J. Halpin �og TLED bgC
Town Manager
MEMO
TO: Robert Nicetta, Building Inspector
FROM: Karen A. Robertson, Adm. Asst. 0911,
DATE: January 11, 1999
RE: Resident Concerns
Telephone (978) 688-9510
FAX (978) 688-9556
Enclosed please find correspondence from Ms. Veronica Tannert, 35 Milton St.,
North Andover, regarding the construction of a garage by John & Gail Munro at
105 Middlesex Street.
Please review and provide this office with an update. Thank you.
Enclosure
RECEIVED
JAN 1 1 1999
BUILDING DEPT.
URBELIS, FIEL.DSTEEL & BAILIN, LLP
155 FEDERAL, STREET
BOSTON, MASSACHUSETTS 02110-1727
THOMAS I URBELIS
E-MAIL: tju@ufb.com
D. Robert Nicetta
Building Commissioner
27 Charles Street
North Andover, MA 01845
Telephone 617-338-2200
Telecopier 617-338-0122
February 17, 1999
Re: John and Gail Monro, 105 Middlesex Street, N. Andover
Dear Bob:
R c.,00'r,
Andover Office
26 Chestnut Street
Andover, MA 01810-3600
Telephone 9784754552
Please Send Correspondence
To Boston Address
Enclosed is a copy of a letter dated February 12, 1999 from Attorney Little
together with the referenced enclosures.
Please call me if you have any questions.
Very truly yours,
Thomas J. Urbelis
TJU: j eh
Enclosures
cc: Robert J. Halpin
William J. Scott
John R. Leeman, Jr.
s:\wp5l \work\n-andove\m=o\nicetta.ltr
�-- c
L`� '! 1
e
' FEB 8
Law Offices of Jack Bryan Little, P.C.
401 Andover Street
North Andover, MA 01845
(978) 682-9985 FAX (978) 682-9935
February 12, 1999
Thomas J. Urbelis, Esquire
Urbelis, Fieldsteel & Bailin, .LLP
15 5 Federal Street
Boston, MA 02110
RE: John and Gail Munro - 105 Middlesex Street, North Andover
Dear Tom:
Enclosed please find plans of Evergreen Engineering Associates, Inc. for the modification.
o F the garage foundation at the above -referenced 105 Middlesex Street.
It is my understanding that the builder has delivered a set of these plans to the Building
Inspector for appropriate action.
Please advise if there is anything else that you will require in order to lift the stop work
order issued by the North Andover Building Inspector.
Thank you for your assistance in resolving this matter.
JBLng
CC: J. Munro
Sincerely,
EYRORM
P . a . BGX 6'b8
AS.
E. - HAMPSTEAQ , NH a3 a2s
(603) 329-�40
AX (503)329-6406
RESIOEN7AL • COMMERCIAL • INDUS7AIAL
MC. PROFESSIONAL
�ds %N-Vp L4.L. —li 3T STRUCTURAL ENGINEERING
V \ DESIGN SERVICES
1V v. ��va�� ,C`�fa.
:Z -.LZ �, . �Av e -P K' -t Lo TWL-r I a"
=S' t w). 'S�2ltal�5/�
„OB
SciE'— V0.
Dr1= I� 9 '-a D 3'_' DA
DEc—iG T -D 3�' _Z7
Exrf.)�v
T -x 1 -,TI I,G
,Fk-r � k�-�
ORM umimmff
P.O. HSC A�. IMC. 1bS N\�T��L���. ST PROF=SSICNAL
51 RUC 7URAL ENGINEERING
E. HAMPSTEAC, NH 03825 :)EEIGN SEFMCSS
( 603) 329-=-540
FAX (00)329-640E
RESIDENTIAL - COMMERCIAL - INDUSTRIAL
----
C_ �Y1`� �L7t1JC.7rr
`1 -Li' �I
� �os�Tro u
I1 �LD ET A l l _S
11
— # rz Q��A2 iiOu�E _S
Q 12" CG P �1l.L�t�J C,cc►� r E�
lIJ `y.tSTi VG FDu�'D�1'Tl rJl�
U11ALL- iT'CP�.A�l
i
L��W
^ y
1✓ 1
le, F��nA-rrau t au.
I W li1RLL_ 10
S 1LL ST'P�Q�
(-i' Y P i (-a LD
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
February 3, 1999
Mr. Fran DiNuccio
39 Milton Street
North Andover, MA 01845
Dear Mr. DiNuccio,
FAX (978) 688-9542
I am in receipt of your letter dated January 28, 1999 regarding the Munro garage at 105 Middlesex Street.
Please be advised that I will address your concern regarding the notification of the legal notice as follows:
At the time of the filing of the application, Mr. Munro submitted a certified Assessor's abutters list
containing the map and parcel and the corresponding names and addresses of abutters. This is the list
we use to mail the legal notices to. The normal requirement is abutter to abutter within 300 feet of Mr.
Munro's property.
The legal notice was then advertised in the Lawrence Tribune on 8/25/98 and again on 9/1/98.
The legal notice was posted on the Town Hall bulletin board 2 weeks prior to the meeting date of 9/8/98.
We followed the guidelines and procedure according the our standard process.
If you wish to pursue the matter with the Assessor's office as to why your name was not listed on the
certified abutters list then by all means feel free to do so.
Best regards,
Walter F. Soule
Acting Chairman
Zoning Board of Appeals
cc: Garrett Boles, Assessor
Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
Willham J. Sullivan, ZBA
William J. Scott, CD&S
ml/DiNuccio
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Z r"
January 28, 1999
Town of North Andover
Community Development and Services
27 Charles Street
North Andover, MA 01845
FEB 2l�
Attn: Members of Community Development and Services
My name is Fran DiNuccio and I live at 39 Milton Street in
North Andover. Recently a large structure was built on 105 Middlesex
Street that over looks my kitchen picture window. My concern is that I
was not informed about this building being constructed since it is
approximately 175 feet from my land line. My other concern is that this
building does not conform with this neighborhood. I would have no
complaints at all if truly a two car garage was to be there, but I feel
this building is a far cry from a two car garage.
Sincerely,
��'e z),
Fran DiNuccio
39 Milton Street
North Andover, MA 01845
cc: Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
William J. Scott, Director CD&S
'
area
U
January 28, 1999
Town of North Andover
Community Development and Services
27 Charles Street
North Andover, MA 01845
FEB 2l�
Attn: Members of Community Development and Services
My name is Fran DiNuccio and I live at 39 Milton Street in
North Andover. Recently a large structure was built on 105 Middlesex
Street that over looks my kitchen picture window. My concern is that I
was not informed about this building being constructed since it is
approximately 175 feet from my land line. My other concern is that this
building does not conform with this neighborhood. I would have no
complaints at all if truly a two car garage was to be there, but I feel
this building is a far cry from a two car garage.
Sincerely,
��'e z),
Fran DiNuccio
39 Milton Street
North Andover, MA 01845
cc: Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
William J. Scott, Director CD&S
05
MA 0l61
0 -
Town of North Andover
NORTh
OFFICE OF
f 1
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
WII LIAM J. SCOTT
SgCMUS�t��
Director
(978) 688-9531
Fax (978) 688-9542
February 25, 1999
Memorandum
To: Robert Halpin, Town Manager �—
From: D. Robert Nicetta, Building Commissione
Re: ZBA Petition
Munro —105 Middlesex Street
Please be advised that the following is a chronology of the events that transpired as a
result of an application to the Zoning Board of Appeals for a variance on 105 Middlesex Street.
8/25/98 — 9/1/98 ZBA hearing published in the Eagle Tribune.
9/3/98 Letter from Mr. Munro to Mr. William Sullivan, ZBA Chairman,
stating that the square feet of proposed garage will be 576 s.f.
(Should be 576 s.f. x 2=1052 s.f.)
9/8/98 Petition: 037-98 ZBA hearing for special permit and dimensional variance to
construct two (2) stall garage.
10/20/98 Decision recorded North Essex Registry of Deeds.
11/12/98 Building permit application received in the Building Department with approved
ZBA site plan.
11/16/98 Building permit issued by Michael McGuire
12/29/98 As -Built foundation plan received, rear lot line violation noted. Stop work
issued by Michael McGuire.
1/4/99 Letter from William Sullivan, ZBA Chairman, to Building Commissioner on
meeting held with Mr. & Mrs. John Munro and Mr. Michael O'Connor, abutter.
1/8/99 Letter from Attorney Joseph Mahoney to ZBA Chairman on behalf of Michael
O'Connor, abutter.
1/8/99 Certified plot plan revealing a jog of approximately 0.45 feet placed in rear wall
of garage (without permission of Building Department, nor was stop work order
removed.)
1/12/99 Letter of Building Commissioner to Mr. & Mrs. Munro recommendation filing of
a new application to the ZBA requesting a modification of original variance.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
2
1/19/99 Letter from ZBA Chairman to Attorney Josephn Mahoney with copy of 12/31/98
discussion with Mr. & Mrs. Munro and Mr. Michael O'Connor attached.
1/26/99 Letter of opinion from Town Counsel to Attorney Jack Little who represents Mr.
j& Mrs. Munro.
2/12/99 New Building permit application with drawing of proposed modification to rear
foundation wall received in Building Department.
2/18/99 Letter from Town Counsel to Bob Nicetta with enclosures from Attorney Jack
,Little.
2/3/99 Letter from ZBA, Acting Chairman, to Mr. Fran DiNuccio, 39 Milton Street,
abutter.
Minutes of the ZBA meeting.
Copies of various letters of compla9nt.
cc: William Scott
File
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 8th day of
September, 1998, at 7:30 PM to all parties interested in the appeal of John J. & Gail
E. Munro, 105 Middlesex Street, North Andover, MA., requesting a Variance from
the requirements of Section 7, paragraph 7.1, 7.2, 7.3, of Table 2, of the Zoning
Bylaws for relief of lot area, street frontage, front setback, side setback, and rear
setback, and for a Special Permit from the requirements of Section 9, paragraph 9.2,
to construct a garage on a non -conforming lot.
Said premises affected is property with frontage on the North side of 105 Middlesex St.
which is in the R-4 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1: PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 8/25/98 & 9/1/98.
gm oSNWm �m03 �m�m jet � .Zod�- "D3s.
N m p Nam A m Um 4 c O "R O o_O
=-1 C a A -� 5. i. _
Nc am�piaZ��.a°�G r�w0°"$ o�a�'� o>DO
JP 'n 's�S oxoiO a. w.�
w t0 � ymp7
to Rw,��m�a'a% tgo or7o» ^catb7P a 06 r- ELZI `a�
07 yam oOOAgt
�1&m H aam gr'n�-. dtiw m -. jm co.m ,na �Dmn G 'nx 1
3R -o m �• �•Ti� m M 0'�—me 4�LCZ�
`~O.6- n o p o o o �ra�ty m ®v m x m:�IV5_2a-�U)
P =r
a=m 3mec'
GLa 3mQ o tip1lvo.w 3 a a s
no
[ 0 FSEEPP3
3 September 1998
Mr. William J. Sullivan, Chairman
Zoning Board of Appeals
Town of North Andover,
120 Main Street
North Andover, Massachusetts 01845
Dear Mr. Sullivan,
Thank you for your telephone call of 1 September 1998 regarding the lot coverage of our current and
proposed garage. These values are:
Current Garage: 178.6 square feet (9.5 ft. x 18.8 ft.)
Proposed Garage: 576 square feet (24 ft. x 24 ft.)
We have asked our engineer to update the drawings to include this information.
We hope that this provides the information you require. We thank you for your assistance.
Sincerely,
Jo J. Munro III & Gail E. Munro
5 Middlesex Street
North Andover, Massachusetts 01845
Tel: 978-687-8091
5 of 8
Rev. 06.05.96
f
ROM A0Q)ViQ-R
AUG 6 ht 53 AR 'k
Received
by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF,FROM THE ZONING ORDINANCE
Applicant Jo►+N J MuNU--a- A! -o CA -E Murit4 Address 10S MIoousc-,LSrQE -
Nazr►+ /�NDo✓�- MA 0,2gS Tel. No. `1? -2' 68-7 Fo9i
1. Application is hereby made:
a)
For a variance from the requirements of Section_
ParagraphLaAIL" .3 and Table a- of the Zoning Bylaws.
b)
For a special Permit under Section q Paragraph
of the Zoning Bylaws.
c)
As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
✓
2. a)
Premises affected are land and building(s)
numbered IDS M i ON-6-5c—t Street.
b)
Premises affected are property with frontage on the
North (J) South ( ) East ( ) West ( ) side of
M tDDLe scY Street.
Street, and known as No. I �S Ni�DOc c-SFc
Street.
c)
Premises affected are in Zoning District �'`i, and the
premises affected have an area of M6 square feet
and frontage of feet.
5 of 8
Rev. 06.05.96
gg d
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
JOHN J M UN" Z A,.D CA IL C MUNQo
Date of Purchase 3t j,, --i 14,7-9 Previous Owner AAM 4rQ2FAu4-er
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
r
2. Letter of authorization for variance/Special Permit
required.
4. Size of proposed building: Z� front; ? feet deep;
� Height z stories; Z 2
feet.
a) Approximate date of erection: ASA P
b) Occupancy or use of each floor: I sTGA"44
c) Type of construction:
5. Has there been a previous appeal, under zoning, on these
premises? If so, when?
6. Description of relief sought on this petition S,oF SETigAtc, 2tA,-
5EFi2.rA4, Lin��McwSiov eFf&A
7. Deed recorded in the Registry of Deeds in Book 1380 Page 7-58
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
T6 CaAe-^rr BUIt-D/NS Is 1.4 01SR.0-PA12 , 601-,-W T -M& Orn2FAc.4,. 4 are,, e-Je Alec- A61,4
-e
S<5cwAc- PoS.5E'55Io—S, WE AJ -r-6-0 A•OAI rto,.,,p- GAfLALE SPACL� 7Mt ,Se--AdE 7'ZJo
V N I cLe-S A vO NEEfi Ad01 TONAL SrO4,A4E SPAe,-. WE 864.iE✓d TART CO.-+S72aGT..�
GAA•AGC /ti 71,40 SAME- t_ocAn0" A5 'r� 6 4e-A%S7*7e- w,c.L HAJF
��E L.GAS – IMPACT ON 7-d- A-UJA6E--7' /-J6-ICH604,A'�0 IMP�YE SNF /iPP��11A,.rG6,
I agree to pay the filing fee, advertising in newspaper, and
ina dentall's=enses* I
J Signature cf Petitioner(s)
6 of 8
Rev. 06.05.96
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT:
i
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area {
12,500 �r2 �8q0 r,z 36
2
:.e
.i
Street Frontage
/00 FT 17
Front
0,21 Fr
1
Front Setback p
30 F.r
Side Setback(s)
r S F7 3.2-
Rear
.ZRear Setback
3 o r•T .D �� Z� FT
Special Permit Request:
p c-'Fx1STi/`JC' /JO,NCQe+JPC7N4
7 of 8
Rev 06.03.96
a
LIST OF PARTIES OF INTEREST PAGE 1 PF 2 1
SUBJECT PROPERTY
MAP
3 1
PARCEL
34JoNN
NAME I ADDRESS
J N1uNQo 4AIL E MVNao toS NIIDDCESEx s7-` ANDc�✓cam NA
0/211(f
i
ABUTTERS
MAP
PARCEL
NAME iADDRESS
31
ZE
QE,vn,ls LCuc2,6,C DotoTMy R Cugs-Icc,L
19 MIL--m,.,
rio ANDO✓KL MA
o/sqs
31
��
JA," &S LJ NADD,-(tJiLl IM'"A6L OICoN n/�✓
Zg MILTpN ST
Nd AA"Do✓c-& LAA
oiv('
3 1
3 �
30
3 3
MA&'( 0 C-4LIP.CH / V640N,CA %�ArNn7hCy 3S MILTON Si c
1140-Al v L1-1-AQ!! FCCo � MA,4y j `4,cZAWC'ta T( M,DOGE-9";r
�q0 A"Dov k MA
NCJ 4N90✓tC- MA
O/SFS
01-2
31
3'5-
OILL-A,.I 0 Iot/,IcKAtr. , J /.
/Jo MA
o1wYc.
Z.p
ZZ
6f-'fAr.1 A 146ILLJc-m,,,Ff2 AA SILL ✓
1ti M�ODCKF,� S;
^4,,pcvxC_
Mo GYNDoJNLMA
0r2gT
2)
Z3
RICHACD E-CA9.D / !
11`i tilI.00cST
nio A,,no,a- MA
o1gYS.
20
7-
PIES IA4,vy C Plf�a , i
toq M s-r
ti90 A"-o,v,�L M A
01,91ff
2,0
225--
JuLIus �- P,e4otr IA4A,I_y Ce&Aq I
fob .s,
No ANoovegt-MA
o
20
Z!o
M,44,( E De-An! ✓'f
98 M 00 c E sF >< ST
AJo AN Oa ✓NL MA
of FfT
i
I
I
I
1
t
I
I
.. f
I
I
CERTIFIED BY:
DATEZZ6
_ ASSESSOR'S OFFICE
Rev. 06.05.96
0 u 1 0
3.7.
Of Deeds
Northern District Of E55ex Courlt
Lawrence, MA 01840
0 Y 10/20/ge
Ty�l
Chick
THANK UP Wmas J-
R,stur CA
V
-
x
Z
r
7
r
Z
F
s
^ I
v
T
_ T
v
?
I
x
Y
J
I �
-
x
Z
r
7
r
Z
F
s
^ I
v
I
I �
I
I IC i
I
-
V:
V•
N
r-. -
Y
Y
� I
j
i
V
I
I
I
^
i izi
I
I
i
it
I
Il IFFLIN
M
W
o
Q
o
v!
=
ovoy (n `'o
J
UZ
��ati3
NYM 7
V ti
HERRICK
0cl0 3M
Q
It
SPO
R
Q
CLQ' �02�
QNB>Wo�
)K -_j 2
ti QVo,Q
>QN�
W
V
W W
J
_�
�i
vo
Q to
za
�� oo
to
OlW U�
jW0
�rn 3Q-
jZ 2W N Lj W W
SW Z(4
`mac L7 r;a
o Q
uj
2 d I WW
Q
��� o
40
PZ
Q 00
Z
LQ
QQ
�O II li 4� W Y O O
LOLo
W `' o
o
J (�Q
N ZW�
CLN�Q�t�u�
O Z Q W O C)
mZ�
WNO
> A
8
g
N
49
.5
14
NN Ad4WiW.Q:
HN2 jLLJQcp
C-)
2
C)
:11
SETTS t
o w �M
m
:j z
1
L I
QW,4�i0
UZ
��ati3
w�
LI
0cl0 3M
Q
It
W
M Q
Lo zt
2=tiQLZ
�W�Zo
30
J
c (/1
�20ti�
u
UQ:U
'41,
L4
W2LQ
CQ S
�Ct
�U2
W�u
m
WOE
-
°U
m
QOt°i
Q
Ili
Q
Q.
� C\J
oo
k�2�W�2
Q�o,Q
>QN2
L_l
CER TIF/ED PL O T PLAN
S.E. CUMM/NGS & ASSOC/A TES RECEIVED
P.O. BOX 1337 PLA/STOW, N.H. 03865 JAN g 1999
TELEPHONE (603)-382-5065 FAX (603)-382-5216
BUILDING DEPT
TAX MAP 31
LOT 34
-\ 8, 890 S.F. I
0.20 Ac
rjrn
0
03
CID
EXIS TNG
2 1/2 STO
WOOD FRAMED
DWELLING
100. 2' P
99.80 (C �i.s i .a
a5
o
ri
N N
99.71
100.16
MIDDLESEX
SCALE I" = 40' DA TE: DECEMBER 28, 1998
REVISED: JANUARY 7, 1999
I HEREBY CERTIFY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPAR TMEN T THA T THE EXIS TING GA RA GE
FOUNDA TION DRAWN ON THIS PL AN IS
L OCA TED AS SHOWN.
EXISTING GARAGE
f FOUNDA TION
3.5
STREET
ALBE T.
TRUDEL
No. 36869 P
\Frc �TGISTER��:�Q�
OWNER OF RECORD. JOHN J. & GAIL E. MUNRO
105 MIDDLESEX S TREE T
NORTH ANDOVER. MA 0184_5
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764- CPP. DwG
CERT/F/ED PL ®T PLAN
S.E, CLANNINGS & ASSOC/A TES
P.O. BOX 1337 PLAISTOW, N.H. 03865
TELEPHONE (603)-382-5065 FAX (603)-382-5218
100.2'
TAX MAP 31
LOT 34
-� 8, 890 S.F. t
0.� 0.20 AC. t
o�
00
ao
* iD6
EXIS TNG /T!!:
2 1/2 STORY
WOOD FRAMED
DWELLING 99.71
100.16
MIDDLESEX
i>
SCALE 1" = 40' DA TE- DECEMBER 28, 1998
/ HEREBY CERTIFY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXISTING GARAGE
FOUNOA TION DRAWN ON TH/S PLAN /S
L OCA TED AS SHOWN.
i Ss Y 7 iaz% a v
oN)
i uj
� I
*ro
EXISTING GARAGE
a FOUNOA TION
N
E24.1
' '3.5'
STREET
OF
y
ALBERT T.
TRUDEL N
Na 88889
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764 -CPP. DWG
MAR -26-99 FR I 1 S S 02 S. E. C u m m i n a A25.25 -o,- i cat, c-- P. 02
CERnF/ED PLO r PLAN
S.E. CUMMINGS & ASSOC/A TES
P.O. BOX 1337 PLAlOrOW, N./rt 03865
ramoome (6031-38?-SO6B FAX !60,SJ6 -8218
MIDDLESEX STREET
,oz) Scr
CARAO£
M DON
AL -dW T.
TRUDEL
Na 38869
SCALE 1" = 40' DA TE.- DECEMBER 28, 1998
REVISED: JANUARY 7, 1999
OWNER Of RECORD: JOHN J. & GAIL E. MUNRO
REVISGO: MARK 04,1999
105 MIDDLESEX STREET
I HEREBY CERT/FY rO TOWN OF NORTH
NORM ANDOVER, MA 01645
ANOOVJ'R, MASSACHUSETTS BUILDING
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
DEPARTMENT THAT THE EXISTING GARAGE
MINIMUM SETBACKS: FRONT — 30 FEET
fOUNDA TION DRAWN ON THIS PLAN IS
SID£ - 15 FEET
LOCATED AS SHOWN.
REAR - 30 FEET
764-CRUKI
6661 09:9P tt I Uel nU1. ddD-d9i\d9L-L6\d\IIAID\OOV30V\:3
CERT/F/ED Pt O T PLAN
S.E, CUMMINGS & ASSOCIA TES
P.a BOX 1337 PLAISTOW, N.H. 03865
TELEPHONE (603)-382-5065 FAX (603)-382-5216
TAX MAP 31
LOT 34
8, 890 S.F. f
0.20 Ai
EXIS TNG
2 1/2 STO
WOOD FRAMED
DWELLING
w
N' IRON ROD SET
100.2' P
99.80 C
TEXIS77NG GARAGE
OFOUNDA TION
N 24
rn °�
99.71 '(C)
100.16' (P)
MIDDLESEX STREET
I HEREBY CERTIFY THAT AN INSTRUMENT SURVEY WAS PERFORMED
ON AUGUST 20, 1997 BY S.E. CUMMINGS, & ASSOCIATES.
SCALE I" = 40' DA TE.- DECEMBER 28, 1998
REVlSEO: JANUARY 7, 1999
REVISED: MARCH 26, 1999
REVISED: APRIL 7, 1999
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS SU/LD/NG
DEPARTMENT THA T THE EXIST/NG GARAGE
FOUNDAT/ON DRAWN ON THIS PLAN IS
L OCA TED AS SHOWN.
q-7- if
OF 4f4ssgc
ti
ALBERT T. G�
TRUDEL
No. 36869 A
CST
OWNER OF RECORD. JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS. FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764-CPP.DWG
Y CER TIF/ED PL O T PLAN
M1 l
S.E. CUMM/NGS & ASSOC/A TES
P,O. BOX 1337 PLA/STOW, N.H. 03865
TELEPHONE (603)-382-5085 FAX (603)-382-5216
SEC �
Rte' 98
SCALE I" = 40' DATE: DECEMBER 28, 1998
/ HEREB Y CER T/FY TO TOWN OF NOR TH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXISTING GARAGE
FOUNDA TION DRAWN ON THIS PLAN /S
L OCA TED AS SHOWN.
�- DYs , s +-
D D
EXIST7NG GARAGE
FOUNOA TION
--�
J. 5'
li
ala
v- ;�
v
119
S TREE
OF
ti
ALBERT T. VA
TAUDEL
Na SOM
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 M10OLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764 -CPP. DWG
100.2" P
99.80 C
TAX MAP 31
LOT 34
-� 8,890 S.F. t
w 0.20 AC. f
rn
EXISTNG
2 1/2 STORY
WOOD FRAMED
DWELLING
99.71'(C
100.16' (I
MIDDLESEX
SEC �
Rte' 98
SCALE I" = 40' DATE: DECEMBER 28, 1998
/ HEREB Y CER T/FY TO TOWN OF NOR TH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXISTING GARAGE
FOUNDA TION DRAWN ON THIS PLAN /S
L OCA TED AS SHOWN.
�- DYs , s +-
D D
EXIST7NG GARAGE
FOUNOA TION
--�
J. 5'
li
ala
v- ;�
v
119
S TREE
OF
ti
ALBERT T. VA
TAUDEL
Na SOM
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 M10OLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764 -CPP. DWG
CER r1n,ED PL O T PLAN
S.E. CUMMINGS & ASSOCIATES RECEIVED
P.O. BOX 1337 PLA/STOW, N.H. 03865 JAN g �ggg
TELEPHONE (603)-382-5065 FAX (603)-382-5216
BUILDING DEPT.
TAX MAP 31
LOT 34
-,-N8,890 S.F. f
0.20 k
rn
0
EXI S TNG
2 1/2 STO,
WOOD FRAMED
DWELLING
100.2' P
99.80 C
11.s 4
a '
EXISTING GARAGE GE
FOUNDATION
/
2
3.5'
v h
99.71'(C)
100.16' (P)
MIDDLESEX STREET
SCALE 1" = 40' DATE. DECEMBER 28, 1998
REVISED: JANUARY 7, 1999
/ HERE? Y CER TIFY TO TOWN OF NOR TH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXISTING GARAGE
FOUNDA TION DRAWN ON THIS PL AN IS
L OCA TED AS SHOWN.
VA Of
ALBERT
C, TRUDEL N
No.3eng a
��ss 9fC1SiER`�� \Q,�
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX S TREE T
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764-CPP.DWG
CERT/F/ED PL O T PLAN
S.E. CUMMINGS & ASSOCIA TES
P.a BOX 1337 PLA/STOW, N.H. 03865
TELEPHONE (603)-382-5085 FAX <603>-382-5216
100.2'
99.80
TAX MAP 31
LOT 34
v
8,890 S.F. t
0.20 Ai
00rn
OU
EXISTNG
2 1/2 STO
WOOD FRAMED
DWELLING
99.71
100.16
MIDDLESEX
Dk-C
1R'i X998
SCALE 1 " = 40' DA TE.- DECEMBER 28, 1998
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXISTING GARAGE
FOUNDA TION DRAWN ON THIS PLAN IS
L OCA TED AS SHOWN.
rim 3 .E- D-esis f
,/ss D
N
i�1, 7- 9' g
EXIS77NG GARAGE
FOUNDA TION
3.5'
STREET
�tiH OF
s
ALBRT T. �^
TRUOEEL y
Wo. sass / Q.
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS. FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764-CPP.DWG
CER TIF/ED PL O T PLAN
S.E, CUMMINGS & ASSOCIA TES
P.a BOX 1337 PLAISTOW, N.H. 03865
TELEPHONE (800)-$82-5085 FAX (603)-382-5216
N) w
rn
100.2' (P)
99.80 (c)r �_ w
TAX MAP 31
nr A4
-� 8, 890 S. F. f
0.20 k
rn
0
.*ID6
EXIS TNG
2 1/2 STO
WOOD FRAMED
DWELLING
99.71
100.16
MIDDLESEX
t�,'ymr-y-
fSs�Y �
EXISTING GARAGE
FOUNDA TION
-3.5'
STREET
�y1N OF
SCALE 1" = 40' DA TE.- DECEMBER 28, 1998
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXIST/NG GARAGE
FOUNDA TION DRAWN ON THIS PLAN /S
L OCA TED AS SHOWN.
ALBERT T.
TRUDEL
Na 96889
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY 1S ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
764-CPP.DWG
CER TIF/ED PL O T A A N
S.E. CUMMINGS & ASSOCIATES
P.O. BOX 1337 PLA/STOW, N.M. 03865
TELEP110NE (603)-382-5065 FAX (603)-382-5216
Dk-D 2
SCALE 1" = 40' DATE.- DECEMBER 28, 1998
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXIST/NG GARAGE
FOUNDA TION DRA WN ON THIS PLAN /S
LOCA TED AS SHOWN.
OF
y
ALBERT T.
TRUOEL
NcL 36M / o-
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
774E PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS. FRONT — 30 FEET
SIDE — 15 FEET
REAR — 30 FEET
764-CPP.DWG
D7 -S,s 4-
D D
100.2'
99.80 C
TAX MAP 31
EXIS77NG GARAGE
LOT 34
<
N
FOUNDA TION
-� 8,890 S.F. f
24.1'
0.20 AC.
rn
v
o
EXIS TNG
2 1/2 STORY
WOOD FRAMED
DWELLING
99.71'(C)
100.16' (P)
MIDDLESEX
STREET
Dk-D 2
SCALE 1" = 40' DATE.- DECEMBER 28, 1998
/ HEREBY CERT/FY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXIST/NG GARAGE
FOUNDA TION DRA WN ON THIS PLAN /S
LOCA TED AS SHOWN.
OF
y
ALBERT T.
TRUOEL
NcL 36M / o-
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
774E PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS. FRONT — 30 FEET
SIDE — 15 FEET
REAR — 30 FEET
764-CPP.DWG
CER TIFIED PL O T PLAN
S.E. CUMMINGS & ASSOCIA TES RECEIVED
P.O. BOX 1337 PLA/STOW, N.H. 03865
TELEPHONE (603)-382-5065 FAX (603)-382-5216 JAN n 8 1998
BUILDING DEPT.
TAX MAP 31
I __ 11
0. ts, tl:-yU �. /. t
0.20 Ac
r;
EXI S TNG
2 1/2 STO
WOOD FRAMED
DWELLING
�A
rn
100.2 P
)9.80 (C)ii.s 1
� o
ri <
41
N N
24.0'
99.71 '(C)
100. 16' (P)
MIDDLESEX
SCALE 1" _ 40' DATE: DECEMBER 28, 1998
REVISED: JANUARY 7, 1999
I HE -RE -B Y CER TIFY TO TOWN OF NOR TH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THAT THE EXISTING GARAGE
FOUNDATION DRAWN ON THIS PLAN IS
L OCA TED AS SHOWN.
c(a[ply
EXIST7NG GARAGE
—� FOUNOA TION
r Ln
�r
ON
3.5
STREET
ALSE T T.
�? TRUQ-EL
a No. 36869 P
\F TCI
S1
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER. MA 01845
THE PROPERTY IS ZONED. R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT — 30 FEET
SIDE — 15 FEE T
REAR — 30 FEET
76 4 - CFP. 04
Town- of North AndoverC(DNORTN
OFFICE OF Q. Oy �O0C
COMMUNITY DEVELOPMENT AND SERVICES p
27 Charles Street ^o ;
WII LIAM J. SCOTT North Andover, Massachusetts 01845 �9SSq�HUS�t��
Director
(978) 688-9531 Fax (978) 688-9542
January 12, 1999
John J. & Gail E. Munro
105 Middlesex Street
North Andover MA 01845
Re: ZBA Petition 037-98
Dear Mr. & Mrs. Munro:
The certified plot plan dated January 7, 1999 as submitted by your builder indicates that
the rear wall of the structure is in violation of the referred petition.
The rear wall has been reconstructed without permission of the Building Department and
now has a "jog" of approximately, 0.45 feet.
It is recommended that you file a new application with the Zoning Board of Appeals
(ZBA) requesting a modification of the original variance.
The Stop Work Order posted on the building is to remain in effect pending the ZBA
decision and is to be removed only by the Building Department.
If you have any questions please call me at 978-688-9545.
Very truly yours,
D. Robert Nicetta, Building Commissioner
DRN/j
cc: Robert J. Halpin Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
Joseph Mahoney, ESQ
Michael P. O'Connor
William J. Scott, Director CD&S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
FAX TRANSMISSION
Date 1/20/99 Time 3:50 PM No. of Pages.
To: Thomas Urbelis
From: D. Robert Nicetta
Subject: 105 MiddlesexStreet
Building Dept Fax Number 978-688-9542
Send to Fax No: -61-7-338-0122
REMARKS: This is the information pertaining to ZBA variance for
105 Middlesex Street in North Andover. Please review this material and call me
at 978-688-9545.
For,
Date 7 ?tTime 3D A.MI�
�_P.M.
�p�
WHILE YOU WERE OUT
M_ / ';�21 %-9—_ �f h r7 0/e-
OfTa.r/'/ S'Fle i
❑ Phone 2 7 5 ��� 7`
0 Fax
❑ Mobile
Area Code Number Extension
Message
Signed
TELEPHONED PLEASE CALL
CAME TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
SPECIAL ATTENTION
TO /
DATE
TIME M
PM
OD
FFjOM ��-+-AREA
7
A ho
CODE
NO.
00
EXT.
M
E
S
_
u 0
A
�.
E
e
!�
SIGNED C
PHONED aBACK
CALL RNED
SEE YOU
AGAIN
WAS IN
URGENT ❑
N O`
Y;4o
rL� 6. to. , Z./-xv/o •
1). v;V� I ,
-10�
x0
Town of North Andover t NORTN ,
OFFICE OF ? o `,, ' • 10°c
COMMUNITY DEVELOPMENT AND SERVICES - A
27 Charles Street » °09
North Andover, Massachusetts 01845 ''9S "^ `� ^•`t�5
WILLIAM J. SCOTT
Director
(978)688-9531
January 12, 1999
John J. & Gail E. Munro
105 Middlesex Street
North Andover MA 01845
Re: ZBA Petition 037-98
Dear Mr. & Mrs. Munro:
Fax(978)688-9542
The certified plot plan dated January 7, 1999 as submitted by your builder indicates that
the rear wall of the structure is in violation of the referred petition.
The rear wall has been reconstructed without permission of the Building Department and
now has a "jog" of approximately, 0.45 feet.
It is recommended that you file a new application with the Zoning Board of Appeals
(ZBA) requesting a modification of the original variance.
The Stop Work Order posted on the building is to remain in effect pending the ZBA
decision and is to be removed only by the Building Department.
If you have any questions please call me at 978-688-9545.
Very truly yours,
D. Robert Nicetta, Building Commissioner
DRN/j
cc: Robert J. Halpin Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
Joseph Mahoney, ESQ
Michael P. O'Connor
William J. Scott, Director CD&S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
►?,4bq__ t
�,tt'``D /e• NMOL
O A
�9SSACMUS�t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 4, 1999
�5wTo: Building Commissioner, Mr. Robert NicettaAk
From: Mr. William. Sullivan, Chairman Zoning Board of Appeals
In order to create harmony in a Middlesex -Milton Street neighborhood the Zoning Board of
Appeals requested a meeting of the principals.
On December 31, 1998 a discussion was held in the conference room at the Community
Development Center on Charles Street to address a garage structure authorized by Petition
037-98 on September 14, 1998. Those in attendance were Mr. John Munro and his wife,( the
Petitioners of Subject Item), Mr. Michael O'Connor,(an abutter who objected to the height of the
structure), Chairman William Sullivan and Vice Chairman Walter F. Soule.
This meeting was the result of an As -Built Plan Submitted to the Building Department in Mid -
December showing a violation of a garage structure of approximately 5 inches set back, at rear
lot line, from the authorized set -back of Petition 037-98, as approved previously by the Appeals
Board.
Mr. Munro explained in detail that he did everything according to procedure in July and August
1998, well before the Public Hearing, by speaking to many neighbors including Mr. O'Connor
about the garage structure. There were no objections at that time. Legal Plans and pictorials were
available at the Zoning Board of Appeals Office and all Legal Notices were properly sent to the
abutters. Mr. Munro and his wife stated that they want to be good neighbors. Mr. Munro further
explained the high cost of the garage($35,000)and the extra charge to alter the structure($ 5000).
He also noted that a building was placed on the rear lot line of Mr. O'Connor's property since
September 1998. He was not complaining about this building but due to Mr. O'Connor's
complaints to him of broken windows and the door of this building not functioning, since garage
construction began, he authorize his builder, Kevin Murphy, to correct the shed problems and to
bill him(Mr. Munro). He further stated that he would place, plant trees, or other plantings
including but not limited to, trellis and roses, window boxes with flowers on the back upper
story windows of the garage or anything to enhance beauty of the rear of the garage structure as
viewed from the neighbors and Mr. O'Connor's property. RECEIVED
JAN 0 9 1999
BUILDING DEPT
Mr. Sullivan asked Mr. O'Connor to state his position with regard to the structure. Mr.
O'Connor stated he wants harmony in the neighborhood too. Mr. O'Connor was originally told
by Mr. Munro, of the two stall garage in July, but insisted that he was not told it was a two story
structure until he saw it being constructed in mid-Decemberi1998. His position is that the height
of the structure changes the look of his backyard and will shield the sunlight. His wife is very
upset and was crying most of the time about this issue. He has surveyed the neighborhood
recently and found others who support his position. Mr. Sullivan asked Mr. O'Connor if he
would share in the cost of modifying the structure. His response was negative. Mr. O'Connor
acknowledged receiving the Legal Notice, but chose not to attend the Zoning Board of Appeals
Public Hearing in September. He thought it was to be the same height as other garages in the
neighborhood.
Mr. Sullivan noted that neither parry was flexible at this time and as such the following options
would be required to resolve :
1. The builder, Kevin Murphy, could properly replace the back wall of the garage entirely,
including the complete foundation, in order to meet the Zoning Board of Appeals set back
authorization of Petition 037-98, and furthermore only if he could satisfy the Building
Commissioner, Mr. Nicetta's requirements and that the North Andover Building Code would
not be violated.
2. Munro's re- petition of the Zoning Board of Appeals allowing a modification to grant rear
setback relief in accordance with the original "As -Built" Plan submitted to Building Inspector.
Mr.O'Connor was informed that he could seek relief through the Judicial Court System.*
* All parties present were also reminded that the 20 day normal appeal period after the Public
Hearing was held in September 1998, for the Zoning Board of Appeals Decision Process, had
expired with no interest being shown.
Please advise the ZBA which option is to be incorporated.
Page 2 of 2
CA
10
az
CD O
ar
d
a =.
Dcm
-v o
�l
o p
CL
Q
CD o
C/!
'O
CD
0
_v
d
ch)
0
CA
c.
O
C
C/!
d
CD
0
•rt
CD
CDv
a
CD
0
CD
0
C
CD
%V
om 2
O �• Vi O Q CO)
d O O0 .O CA
-i R m C
0 H n
CS, n m
Z =-o y
.Ow r►= .�m N T
m a ? d = y
CD
O — m
m N p
o c m: m n
= C m
tC .0+.-R _
O ee •
�
_ A AA
H = . �. :O
om }
a V
O
�
O N
to C7 D
Cm
a NNS:
O y N
H pr a d cr
CL
N C7 N V
CO)
_? �H -Oj O
N
0 o
O
CD
mo:�
moo.
\ ca"
cool
n3:
CDN
Vo m
ob
CL
C
R
4 c o
a_
�0
o•
t2>C Dq-
y
0
CA
°,
w
?
m
Q�p
T
tri
C
w
S
��,�
a
zr,
C
Q7
rrb
COO
r
rD
ITIM
x
CA
Tm..mAs I URBELIs
E-MAIL: tju@ufb.com
Jack Little, Esquire
401 Andover Street
North Andover, MA 01845
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
Telephone 617-338-2200
Telecopier 617-338-0122
January 26, 1999
Re: John and Gail Munro 105 Middlesex Street North Andover
Dear Mr. Little,
Andover Office
26 Chestnut Street
Andover, MA 01810-3600
Telephone 978-4754552
Please Send Correspondence
To Boston Address
This letter will confirm our conversation that your clients desire to bring the structure into
compliance with the terms of the variance and/or special permit granted by the North Andover
Zoning Board of Appeals.
Pleased be advised that the Town will require plans, including engineering drawings,
indicating how your clients' builder intends to perform the requisite work to comply in all respects
with the variance and/or special permit. These plans should also show how your clients intend to
reconstruct the foundation without jeopardizing the structural integrity of the structure and how
the new foundation will be tied into the existing foundation. Please submit those plans to the
Building Commissioner for his review. Once these are received, we will be back in touch with
you.
Very truly yours,
Thomas J. Ur is
Town Counsel
TJU:jeh
cc: D. Robert Nicetta, Building Commissioner
Robert J. Halpin, Town Manager
John R. Leeman, Jr., Board of Selectmen
William J. Sullivan, Chairman Zoning Board of Appeals
William J. Scott, Director of Community Development and Services
Joseph Mahoney, Esquire
3AWP51\W0&V W0Ve P\IMek
URBELIs, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
TxoMAs J. URBELIS
E-Mmu tju@ufb.com
D. Robert Nicetta
Building Commissioner
27 Charles Street
North Andover, MA 01845
Telephone 617-338-2200
Telecopier 617-338-0122
January 26, 1999
Re: John and Gail Munro, 105 Middlesex Street
Dear Mr. Nicetta:
Andover Office
26 Chestnut Street
Andover, MA 01810-3600
Telephone 978-475-4552
Please Send Correspondence
To Boston Address
You have asked whether it is lawful and proper for you to agree, upon
receipt of satisfactory plans, to allow reconstruction of the rear wall of the
structure located at the above property so as to bring the structure into compliance
with the variance and/or special permit granted by the Zoning Board of Appeals.
In our opinion, such course of action is lawful and proper under the facts as we
understand them.
Please feel free to call if you have any further questions or comments.
Very truly yours,
- ►�
Thomas J. Ur is
TJTJ jeh
cc: Robert J. Halpin, Town Manager
John R. Leeman, Jr., Board of Selectmen
William J. Sullivan, Chairman Zoning Board of Appeals
William J. Scott, Director of Community Development and Services
s.\wp5l \work\n-andove\conesp\nicetta2.ltr
r'.I c fn
1L -
P,
E
mi
a ,
i�aR�r �raia��t�N� N\11.1 �� QHS t 0�1�C�
----------
P-0. 9ox ssa SWC' 'MC' IdS W W'2k-eU�-x ST PROFESSIONAL
E. HAMPSTEAD, NH 03826STRUCTURAL ENGINEERING
( 603) 32S-5540�(�s - �41 r!ctl_'nf t' DESIGN SERVICES
FAX (603)329-6406
RESIDENTIAL • COMMERCIAL • INDUSTRIAL
I � ,. z � 1`t \ �iCL7� N`� C.c� N �-T 11y�..-t r 41-► ' ' t V 0 . t 94
.:OB
SUBJECT l A'r"Ir01� W sHr N0.
DESIGNED 3Y DA7_Z/f �G cl 3711DAI_
c. �t1ST 11,Ya '��t�o�gTrn ►�
L%lCk L. L_ -Tc, 9-51-rtousX1
BY Snug Cul- - t u LT .
-R4.F�2c-w�2_ cu�.ncu,�
LL7AL1...-veTAtt_S
24'—a'
r.I
�LA�J - `�k.�5-f11�C� FncsPq�r7ra►.�
—or., Vo'Loqu-S
\i � �xtSTl VG �Uu1rYDATr pla
a
lo" P6ounA��nt.� I�AL1
i
tang
P.D. BOX .. Sm .... AS'SK.
E- HAMPSTEAD., NH 03825
( 603) 329-5S40
FAX (603)329-6406
INC. PROFESSIONAL
1�S M\`pp L��i ST STRUCTURAL ENGINEERING
N DESIGN SERVICES
,� � .
RESIDENTIAL • COMMERCIAL • INDUSTRIAL
TITLE . %A A -y (—O USTttuLZ i aLa E_S ` 1
..OB
SUBJECT
SHEET
ZII
DESIGNED BY DATE X19 ^HECIED BY
\fl�
w l tusr t ��. l�J'ALI_
1.�Ew 4 S asm-
�eut�LS
i7tl .ry
F—?crf-ov
?-x 1 -.,Tl t•xG
U ALL
Se-P%U \`'=\`-a„
NO . 5t/ -I. %IoLS%
v0.
DART
'Ftr�1�1�AT� D41 WC1L
T. L3� «Kr1�t1'LU
�F FAIL -C �L�l1J
January 27, 1999
Town of North Andover
120 Main Street
North Andover, MA. 01845
To the Town Manager:
To the Selectmen:
To the Building Commissioner:
To the Zoning Board Chairman
Robert J. Halpin
Keith Mitchell, Chairman
John Leeman
William Duffy
Donald Stewart
David Torisi
D. Robert Nicetta
William Sullivan
I want to state my objection and displeasure with the garage that is being constructed on 105
Middlesex Street. I was not even notified that this project was up for approval, even though this
construction directly affects me.
I own and occupy the property at 36 Milton Street. Having lived in this house for the last 19 1/2
years, I have always been able to look out the front window of my living room and front porch
and see almost through to Middlesex Street. The height of this construction now completely
cuts out this view. My home is a two family, with a rental apartment on the first floor. My
present tenant has lived in the apartment for the last 12 years. Her view from the living room,
front porch and front bedroom is now obstructed as well. Property values have been affected
and I fear, future rentals may be affected as well.
The structure is certainly not a replacement garage. It is much too high for this neighborhood
and looks more like a barn than a garage. It is so close the property line at 29 Milton Street
and so overpowering that it looks like it belongs to that property rather than to the property on
105 Middlesex Street.
How could you allow this construction without notifying everyone who would be
affected? How could you allow a two story construction when the issue was one of
replacement? How can you let the country atmosphere of the neighborhood be turned
into the likes of a city block?
I understand that the construction has come to a halt for now. I will be on the side of those who
want the construction to remain at a halt and for the second floor to be taken down. My
expectation is that I receive a response to this letter.
Yincda( Bartashy) Montminy
36 Milton Street, North Andover, MA. 01845
1
UdM JNiaiina
6661 S 0 833
a3AI3038
P h
Town of North Andover HORTIy
OFFICE OF 3? o, `� �. 61, 0c
COMMUNITY DEVELOPMENT AND SERVICES A
27 Charles Street
F oq ry
North Andover, Massachusetts 01845 Ar,o'°��</
WILLIAM J. SCOTT
Director
(978)688-9531
January 12, 1999
John J. & Gail E. Munro
105 Middlesex Street
North Andover MA 01845
Re: ZBA Petition 037-98
Dear Mr. & Mrs. Munro:
Fax(978)688-9542
The certified plot plan dated January 7, 1999 as submitted by your builder indicates that
the rear wall of the structure is in violation of the referred petition.
The rear wall has been reconstructed without permission of the Building Department and
now has a "jog" of approximately, 0.45 feet.
It is recommended that you file a new application with the Zoning Board of Appeals
(ZBA) requesting a modification of the original variance.
The Stop Work Order posted on the building is to remain in effect pending the ZBA
decision and is to be removed only by the Building Department.
If you have any questions please call me at 978-688-9545.
Very truly yours,
D. Robert Nicetta, Building Commissioner
DRN/j
cc: Robert J. Halpin Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
Joseph Mahoney, ESQ
Michael P. O'Connor
William J. Scott, Director CD&S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
d SENDER:
V ■ Complete items 1 and/or 2 for additional services.
rn oComplete items 3, 4a, and 4b.
u Print your name and address on the reverse of this form so that we can return this
card to you.
j aAttach this form to the front of the mailpieoe, or on the back if space does not
0 permit.
d e Write'Retum Receipt Requested' on the mailpiece below the article number.
r eThe Return Receipt will show to whom the article was delivered and the date
c delivered.
O
m
3. Article Addressed to:
CLd
E
Cn
Cn
a o
z 21
l
5. Received By: (Print Na
W Q
g 6. Sign t re: ddressee rAg
X
I also wish to receive the
following services (for an
extra fee):
1. 1.14ddressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
Illill
WAKA
❑ Registered Certified
❑ Express Mail ❑ Insured
i ❑ Retum Receipt for Merchandise ❑ COD
7. Date of Delivery
t 7
8. Addressee's Address (Only if requested
4,11`'' and fee is paid)
PS Form, December 1994 102595-97-B-0179 Domestic Return Receipt
UNITED STATES POSTAL SERVICE 5 C
���
First -Class Mail
Post'age'& Pees Paid
0,§Pg -a
Permit No. G-10
® Print your nafbe, address, and ZIP Code in this box
c; 7
lil!{!E{{1��44�Ett?F�t�l�lEit�tlE#1??�1iit1!!�!l1141i{;�4i�l4!
`. 0 t
O
(�"• i / 99y
.- -,/, '
7-4
7'D . .mow a Shaw cd-•..
00-1
02/05/99 15:13 FAX 508 6889556 NORTH ANDOVER 16002
c 0
. :.tJa
.
!Iwo
�(� I •�K � lf/ Qi
Too-
r=n 7" 76 -
���� A 4 - -
i"
02/05/99 15:13 FAX 508 6889556
w JRI4-06-1999 14:120 }MPTP
NORTH ANDONTR
O
KNL Tannert Ni=g, M,P.11.
'41 East 6tu Street, 4A, 'yew York, Ny 10003 4 (212) 673-0089
January 6, 1999
Mr. William J, Sullivan
C haianan, Board of Appeals
Town Bail
i2O Main Street
North Andover, MA 01845
Re_ Recent congakcj= on Uonrec br% deer 3 fir-*' street
Dear Ivlr. Sullivan:
P.0-2
I am writing in support of the concerns of my aunt, Wrs. Mary Church, and my mauler, 1�irc
v etonica Tanner, who are the owners and residents of 35 Milton Street, with reed to the recent
construction of. a Iargz building on the adjacent Monroe property_ 1 ant also forwardin-a this lette
to your attention as a future resident of North Andover as I stand to inherit the property at 35
Millon Street. Members of my family have lived in North Andover since theend off+e Civir
War and members of my family have owned the property of 35 Milton Street since 1924_ As a
result, I am very well acquainted with the immediate neighborhood and the net and mhigoT, of
the community at large.
As you are aware. the recent construction of a very large building, purported to lie a garage and
storage area, on the Monroe propeny has Sharply degraded the integrity and character of a
historic neighborhood that speaks volumes for the development and settlement of North Andover
early in this Gegtury. All of these homes, including the Monroed, &.
's_ were well -spaced,
apportioned to accommodate the needs Of large families who could not ftfford lie plots of hand
and/or who were transitioning from a farming economy to industry_ A Intoe hov-se with o -c-
story garage or shed in the back yard was the limit of the permanent strtict,es these tiny plots, 4f
land were intended to support. This plan has served the families of tate irrmediate ntiaboncc^d
for most of this century, showing sufficient space for tri--acy and. at the same gene, crylt*vZ+ r'g
the development ofpasitive community relations and identity_ I nam. sure you understand how
space, or the lack of it, influences the social functioning and welfare of a neighborhood -
Beyond the immediate issues of physical appearance, Crowding and neighborhood/socia? identity,
there are other concerns that require redress. First, Mrs" Church and Mrs. Tannert are elderly a=d
unable to travel at night. Although informed of a meeting to discuss plans for the Monrca
building in early September, that meeting was arranged for the evening, after dam; and withn*?t
sufficient notification for either my aunt or mother to make arrangements to attend_ No malt;
advised ray relatives of alternative means of comniuricating their interests or assisted rhe'^i in -
navigating these formal Procedures. They were entitled to receive complete information and a^,
opportunity to offer their consent or disapproval which thev dia not get, TIS.Kv --as no outtCacs,
Q 003
TOTAL P.02
01/06/99 14:52 TX/RX N0.3298 P.002 0
02/05/99 15:13 FAX 508 6889556 NORTH ANDOVER 1@004
JAN -6b-1999
14! 110
a=110 KCZTp
v
Mr. Willi IM Sullivans a 2.
to them. In my view, these wonderful and interested women have been discriminated against.
Ba9ed an discussions with my family and neighbors, I belieire the Town was trusted to review
constntCtiozr glans and order =^ C- liG;ts to tYie atrructize if needea however, the building that
has retentl_Y been eTec!ed Viers in si` and place�zerrnt f orn the proposal and has defied
everyone's uncicr�-iard*ng and eYpN,. Qus. Is it possi'ole that intentions for this building and its
V ecificatinns were not thc; opZ�Liy preseated to the T Own in The fust place'' The building is two
and a hail stories high, With w staircase, bh eilings, picture windows and electricity. is this a
rentable aparaas~ert? Is it n vffi; e or s,su v? Ii is the size of a house, placed too near the
O'Connor's property lines, and distinctly ou► oz place on a postage staznp parcel of land -
Zoning laws are a crucial aspect of fire management in a community. Buildings crowded too
closely together cratc vSi eWvirazn,lent for fire to spread more rapidly =d may reduce access of
else Fire es i, f'znent to =•esid-uts in an esu=gency- Tile building on the Monrne property also
establishes Yrsced=u, fol the 001 struction of similar buildings tbroughout the district. North
And,Over's popula`ian leas €x-ploded over fue past decade and the trend toward the establishment
of a more densely ccn=ructzd ca nu4-juriity ,Ari1i ultimately challenge the I oven's limited resources_
Finally, the building on the Monroe property has raised serious tone ms about the value of
adjacent prOperties. As Itme has advane4 the properties have increased in value, but this new
building, by crowding the crs�ron� QD4 will mane all of mesa properties less desirable if placed
can the market at try point in tue future. Tuese Acmes asp essential capital and the future xvell-
bein? of all of the ;n� of; -ed fa is Wil, Uv -pend on maintaining the fair mark -at value of their
bornes and groperties.
On these points, I have offered my understanding and experience of the community. I hope that
fol` the benefit of my relatives anu uidir neighbors that there wiil be an open meets before the
Board of Seiectme:' tv discuss all of the rcievant facts pertaining to the construction of the
Monroe b::ilding. j also hope that a de6sion will be made to modify the structure to preserve the
safe'Y, sec':sity`, privacy, apperirarces and financial value of the adjacent properties. To
9r 0.1nPlish less wouRd be sujusL
v u
I look forward to your response,
Sincerely,
cc_ Keith Mitchell, Esq.
TOTAL P.01
01/06/99 14:55 TX/RX N0.3299 P.001 N
02/05/99 15:13 FAX 508 6889556 NORTH ANDOVER
O
January 28, 1999
Town of North Andover
Community Development and Services
27 Charles Street
Noah Andover,�c`A u1845
Attn: Members of Community Development and Services
My name is Fran DiNuccio and I live at 39 Milton Street in
Norte Andover. F.rautly a large strcctu:e was built on 105 Mmiddlesex
Str€et that Ove; ;woks lily kil en picture window_ My concern is that I
was not informed about this building being constructed since it is
approximately 175 feet from my land line_ My other concern is that this
building does not conform with this neighborhood. I would have no
complaints at all if truly a two car garage was to be there, but I feel
this building is a far cry from a two car garage.
Since,
Fran DiNuccio
39 Milton Street
North Andover, V.A, Q 1845
cc: JRobert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, (hairw±an 7. 4A
William I. Scot., Dir, -CWT CD&S
0 006
02/05%99 15:13 FAX 508 6889556 NORTH ANDOVER
0
:.'�nu3ry 2?, -1 nnol
Town of North Andover _
iGU Main Sireet
North Andover. MA. 01845
To the Town Manager;
Robert J. Halpin
To the Selectmen:
Keith Mitchell, Chairman
John Leernan
William Duffy
no^ald Ste is t
David Tor'ssi
To the Building Commissioner:
Q. Rcber t h,`ic€fta
To the Zoning Board Chairman:
itilillia;;; Sulli;ran
I want to state my objection and displeasure with the garage that is being constructed on 105
Middlesex StreQ4, l was nvty�evper, n-,,ifed that this project was up for approval, even though this
constra,.,c^ da,e��1y Cj�iG�(i,s „1`.
I own and occupy the property at 36 Milton Street. Having lived in this house for the last 19 1/2
Years, I i;ave always been able to took out the front window of my living room and front porch
and see almost through to Middiesex Street. The height of this construction now completely
cuts Out i
FEB I
PAI op f AWZ,,(� jo
.._.,—.. ;L— _ --••k_t^. _S^. r�. �a..vrr .s..s�. ei......�.5. .�; , .. aa -L:. - =i
._..-,• r. '-.+..:..-.,.s ti... ��-•�� � Y z.:-*•;�^+ ..f .e,.. . w ^�r�n s•t^ + :.. = �.4 r .• s.3 s.,._ I -..S '.�..0 Sn.r....- .... - �- . .
.. .• ...�+-.. G�.^... . Ls..s �. .. � .1i. ,t.'S, .,.. «. . +.+'•M.t,+. - t,. seal :.. � �•«..5'..* •.
.. ... - - .. i 'il'�r �; rs,4..>r '+..*.S r .�{^'"^�. y`.. .. M r » ..... tr.+ ov. «:.',...�-.,r : -_.>• •yi - +. *?:.YA...';
i
}?..r.. r.:�h.LT":r pY�- `++.+•^c- � �> _�.-:'.0 ..� . .:! : ,.!r-'-....,.�� a*[ t ..l: 1:F +;s.,�..ii.. �"
w
C
Z 562 76
07 JA'l
eon Izs0,-,.
NA
s# otic
2nd Notice
Return
fi�'k$�r �/`'���� ���!laeiS�iiaa{tt�aaiti3�1�lIltE:itl�l�aa�t�tta�titt)t3at�i4t�
02/05/99 15:13 FAX 508 6889556
C
Towler
40 Third Street
Nor±h a4.ndover,l'.1A ^1=
January '28, i
Mr. William Sullivan
Chairman
Zoning Board of Appeals
Tow- I of No." Attdowr
Nortrt A..ndOvGr, JIM U-1 845
NORTH ANDOVER 01007
0
RE: 103 Middlesex Street, North Andover, MA
Dear Mr. Sullivan:
.) .�•-.._ r__; «_ ..0 :.,., 1113333 ; l � � 9
It is our hope that the Board of Appeals will rule in favor of prew.Ning the
traditional appeal of the neighborhood and propose!ft compromise so that tV*
builder on 105 Middlesex S*.reers needs for m pansZn do not. iri;pinge on the
privacy and oomfort of tha a. Viers_
We are writing to you as residents of 40 Third Street, North Andover, MA to
eNIsreso our objWion to the Town's approval of the structure being built on 103
'%4,dd1e%x Street. The approval of such a two-story Structure as seen from Milton
Street detracts from the aesthetics of this Conventionally quaint neighborhood_
Respectfully submitted,
V
David R. Towler
/kt
Keith Mitchell
William Duffy:
John Leeman
Donald Stewart
David Torrisi
t� V
ircr i i_ T oWer
[,forth Andover Building Inspector
North Andover, Chairman, Board of Selectman
Selectman
Selectman
Selectman
Selectman
�J
Public Hearing:
Robert & Theresa Losco
32 Rosedale Ave.
Robert Ford read the legal notice. Robert & Theresa Losco are requesting a variance from the
requirements of section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback and rear
setback and for a Special Permit from the requirements of section 9, P 9.2 to construct a 2nd floor level
above the existing level for the addition of 3 bedrooms and a bath on a non -conforming lot. Chairman
Sullivan asked who was present to represent the petitioner. Robert Losco was present to represent himself
tonight. Theresa Losco spoke in favor of this petition.
Chairman Sullivan asked if anyone was present in opposition, no one was present. Chairman Sullivan
visited the site and all of the homes along Mr. Losco's street/area all have 2"d floors on their homes as the
square footage would be allowable to do so. The Board reviewed Mr. Losco's plans and agreed that the
square footage was in order. Chairman Sullivan suggested that the Board grant the variance and special
permit request tonight.
Upon a motion made by Walter F. Soule and seconded by John Pallone, the Board of Appeals voted to
grant a variance requested from the requirements of section 7, P 7.1, 7.2 & 7.3 for relief of lot area of
15,568 foot, street frontage of 50 feet, front setback of 1 foot, right side setback of 10 feet, house side
setback of 4 feet and rear side setback of 4 feet and to grant a Special Permit from the requirements of
section 9, P 9.2 to allow the construction of a second floor level above the existing level for an addition of
3 bedrooms and a bath, on a non -conforming lot, with the condition that the existing garage be removed,
in accordance with the plan of land dated 8/7/98, and prepared by Scott L. Giles, Registered Land
Surveyor. Voting in favor: WJS/WFS/RF/JP/EM.
Public Hearing:
John J. & Gail E. Munro
105 Middlesex St.
Robert Ford read the legal notice. John & Gail Munro are requesting a variance from the requirements of
section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback , side setback and rear setback
and for a Special Permit from the requirements of section 9, P 9.2 to construct a garage on a non-
conforming lot. Chairman Sullivan asked who was present to represent the petitioner. John Munro was
present to speak on his own behalf. He explained why he wanted to construct a garage and what his
hardship was relative to the request.
Chairman Sullivan asked if anyone was present in favor of the petition. Julius Pierog, Middlesex St.
spoke in favor of the petition. Chairman Sullivan asked if anyone was present in opposition, no one was
present to do so. Mr. Munro discussed the plan with the Board and Walter Soule asked what Mr. Munro's
intent was toward the stairs and also what would become of the pre-existing non -conforming structure.
These issue would be addressed within the wording of the decision.
Upon a motion made by Scott Karpinski and 2nd by Walter F. Soule, the Board of appeals voted to grant a
variance for relief of lot area of 3,610 feet, relief of street frontage of 0.29 feet, relief of front setback of
7.9 feet relief of side setback of 11.8 feet, relief of rear setback of 27 feet, and to grant a Special Permit
from the requirements of section 9, P 9.2 to construct a garage 24' x 24' with the condition that the
proposed 2"d floor garage area be used only as storage and not to be used as living space and that no
utilities other than electricity be allowed in the garage area, and with the condition that the existing
11
0
4..
y
garage be removed, in accordance with the plan of land dated 8/5/98 and prepared by S.E. Cummings
Assoc, Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: WJS/WFS/RF/JP/SK.
Upon a motion made by Walter F. Soule and 2nd by Robert Ford the Board voted to adjourn the meeting at
10:05PM.
Ml/septmtg
J-
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be filed BOARD OF APPEALS
within (20) days after the NOTICE OF DECISION
date of filling of this Notice
in the office of the Town Cleric, Property: 105 Nddlesex St.
NAME: John J. & Gail E. Munro DATE: 9/9/98
STREET: 105 Middlesex St. PETITION: 037-98
North Andover, MA 01845 HEARING: 9/8/98
RE YL:
JOYCE BRAL:;�"-AW
T0`NH CL E!.K
NORTH ANDOVER
SEP 14 1 17 Am S8
The Board of Appeals held a regular meeting on Tuesday evening, September 8 1998, upon the
application of John J. 3 Gail E. Munro, 'fua roicidtesex St., North Andover, MA., requesting a
Variance from the requirements of Section 7, paragraph 7-1, 7.2, & 7.3, for relief of lot area, street
frontage, front setback, side setback, and rear setback, and for a Special Permit from the requirements
of Section 9, paragraph 9.2, to allow the construction of a garage, on a non -conforming lot, in the R-4
Zoning District.
The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone,
and Scott Karpinski.
The hearing was advertised in the Lawrence Tribune on 8125/98 8 9/1/98 and all abutters were notified
by regular mail.
Upon a motion made by Scott Karpinski and seconded Waker Soule, the Board of Appeals voted to
GRANT a Variance for relief of lot area of 3,610. ft., relief of street frontage of 0.29 ft., relief of front
setback of 7.9 ft., relief of side setback of 11.8 ft., relief of rear setback of 27 ft., and to GRANT a
Special Permit from the requirements of Section 9, paragraph 9.2 to construct a garage 24'x 24', with
the condition that the proposed 2nd floor garage area be used only as storage and not to be used as living
space and that no utilities other than electricity be allowed in the garage area, and with the condition that
the existing garage be removed, in accordance with the plan of land dated 8/4/98 and prepared by S.E.
Cummings Assoc. Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: William J. Sullivan,
Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of the variances will not adversely affect the neighborhood or derogate from the intent and
pc.rpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested by the applicant does not
necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local,
state and federal and building codes and regulations, prior to the issuance of a building permit as
requested by the Building Commission.
/decoct6
Board,of App
i,.. Y...
Wiliam '.S
Ilivan, Chairman
Zoning B o d of Appeals
FORM U - LOT RELEASE FORM
INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from
Boards and Departments having jurisdiction have been obtained. This does not relieve
the applicant and/or landowner from compliance with any applicable or requirements.
------*-`APPLICANT FILLS OUT THIS SECTION'
APPLICANT:� �,.� %�`�� PHONE 1���-5 3 3S
�.� �
�
LOCATION: Assessors Map Number (9 1 PARCEL
SUBDIVISION LOT (S)
ST. NUMBER 0
-o
•••••^
--***OFFICIAL USE ONLY""
RECO END 10 TOWN AGENTS:
CONSERVATION ADMINISTRATOR DATE APPROVED
DATE REJECTED
COMMENTS
TOWNPLANNER
COMMENTS
FOODINSPECTOR-HEALTH
SEPTIC INSPECTOR -HEALTH
COMMENTS
DATE APPROVED
DATE REJECTED
DATE APPROVED
DATE REJECTED
DATE APPROVED
DATE REJECTED
PUBLIC WORKS - SEWERIWATER CONNECTIONS
DRJVEWAY PERMIT
FIRE DEPARTMENT
RECEIVED BY BUILDING INSPECTOR DATE
�
Rpgismly of Deeds
Northern District of Essex County
Lawrence^ MA 01840
r(/ ���(�� 1O/20/98
c ,_ /
Type `
!�
Inst 35350 c.�"� .
Name
Im�3�351 ,
24 '�
Total ,`
"hmk
THANK ';U` Thnnas J. Dur��
e
April 1st, 1999
Mr. Robert Nicetta.
North Andover Building Inspector
Trnxm nfNnrth AnrinvPr
North Andover, MA 01845
RE' REPLACED BOUNDARY MARKER
Dear Mr. Nicetta,
This is to advise you that the most recent certified plot plan you have received from Albert
T. Trudel of S.E. Cummings & Associates, is not in fact a measurement of Mr. Munro's
full plot, but rather a measurement of iust one side, that being the Easterly corner.
According to a phone conversation on 4\1\99 with Mr. Hugo Findeisen of S.E.
Cummings & Associates, I was advised that the easterly pin was set based on the
PREVIOUS PLOT PLAN, and that the pin was not tied into the other three corners at
that. time.
Unfortunately, there is a very large -error in the -resetting of the pin. Having iust measured
the land, it would seem that Mr. Munro has been credited with 94 feet from Middlesex'
Street back to our land line -at- 29 Milton Street, when in fact, according to the submitted
certified plot plan, Mr. Munro only owns 90.44 feet. A measurement of our land at 29
Milton Street, shows that Mr. Albert T. Trudel leaves us with only 86.5 feet, when our
deed shows that we own 88 feet. A visual inspection of the pin would confirm this.
According to Mr. Trudel's pin, all the boundaries between Middlesex Street and Milton
Street are wrong.
Due to this error, we would like to advise you that we are in the process of having our
own certified plot plan done, and upon completion, we will be reviewing this plan with
you, as the most recent certified plot plan submitted by Mr. Trudel will affect the resale of
all the abutting properties of Middlesex Street and Milton Street.
Sincerely.
y /Gohael and -Pati; iw O'rnnnnr
nn A r71�c�a__�
GJ MULOR Street
North Andover, MA O 1845 RECEIVED
APR 0 5 1999
BUILDING DEPT.
cc. Robert I Halpin, Town Manager
Kieth Mitchell, Chairman BOS
William I Sullivan. ZBA
Thomas I Urbelis. Town Counsel
1'1AP-26-99 FR I
w"
1 1: 1 1 S. E. C u m m i n e s A s s o c i a t e s P. 0 2
S.E.C. surveying Engineering & Conswa g
John J. Munro
105 kliddluscx Street
Norih Andovcr, MA 01845
March 26, 1999
Dear John,
This is to iriforin you that S.E. Cummings & k%sociatey, Ille, lhs sed an iron pir, at tilt;
eiisteriy comer of tax map 31, lot 34 (the corner closest to your new garabe). If your necd
any ,tddiliona) inConrialion to be provided, please co+ilacq our ofrcc:.
Sirwervly,
Albert T. Trucial P.L.S.
S.F. Culruriings & Associates Inc,
22 OLD ROAD PLAIS i OW, NH P.Q., BOX 1337
TEL. (603) 382-5065 FAX (603) 382- 5.216
t
cmvorx D PLOT PLAN
S.E. CUMM/NGS & ASSOC/A TES
P.O. BOX 1337 PLAISTOW, AM 03865
TELEPHONE (603)482-5065 FAX (603)-382-SNO
TAX MAP 31
LOT 34
B,B90 S.F. t
0.10 AC. t
EXISTNG
1/1 STORY
?00 FRAMED
DWELLING 99.71'(C
I- r.RoD Scr
KIS17NG GARAGE
FOUNDA77ON
3.5"
MIDDLESEX STREET
ALBERT T.
TRUDEL
No. 38669
SCALE 1" = 40' DATE: DECEMBER 28, 1998
REWSED: JANUARY 7, 1999 OWNER OF RECORD. JOHN J. & GAIL E. MUNRO
f;EV15C0. MAQCH 2L,, 1499 105 MIDDLESEX STREET
/ HEREBY CERT/FY TO TOWN OF NORTH NORTH ANDOVER, MA 01645
ANDOVER, MASSACHUSETTS BUILDING THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
DEPARTMENT THAT THE EXIS77NC CARAOF MINIMUM SETBACKS: FRONT - 30 FEET
FOUNDAT/ON DRAWN ON THIS PLAN /S Sr0£ — 15 FEET
L OCA TED AS SHOWN. REAR — JO FEET
161-02P,ONG
6661 OS 9V T / ver nub. dd)-D91\b9L-L6\d\IIAIO\OOVOOV\:O
Town of North Andover 4 40RTM
OFFICE OF �� O e1"90 41O L
COMMUNITY DEVELOPMENT AND SERVICES p
"
27 Charles Street `
. o .
North Andover, Massachusetts 01845 �s9SsgcFHuS���y
WILLIAM J. SCOTT
Director
(978)688-9531 Fax(978)688-9542
March 30, 1999
Mr. John J. Munroe
1.05 Middlesex St.
North. Andover, MA 01845
Dear Mr. Munroe,
Please be advised that as of March 30, 1999 the stop work order concerning
permit # 508-98 is hereby lifted. The work may resume providing that all.
work corresponds to the paperwork received by this department from
Evergreen Engineering and dated February 10, 1999 a copy of which is
attached.
Respectfully,
(- K'c —
Michael McGuire
Local Building Inspector
I le c Ie fQ'c..c- 3t3 v k Ct
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
EVERGUM 1mv ...;
E. - HAMPSTEA131 NH a3a2s
603) 329-SS40
SAX (603)329-6406
RESIOENT•,AL • COMMERCIAL • INDUSTRIAL
.
�uVe� C� I3.�'rNC� PROFESSIONAL
WNVp, LiM--i ST STRUCTURAL ENGINEERING
DESIGN SERVICES
Ts ? vo . /
T �• � . �v �.P \��-t Lo k- -T R��-r � a1.a .: o B .
.LL SC•L..�
NO.
SuB.i?C:'
DES:GN,-D
3v 37, D��-
\fly
F-KrEaT)
TLX 1STI F4
P.D. eQX 6�8
40"• INC. 1eS M�F�1��-x ST PROFESSIONAL
S RUC'URAL ENGINEERING
E. HAMP5 F-Ao , NH 03825 1,�p . �i��ev c" r OEtiGN SERVICES
(603)32S-=-540
FAX (603)328-0406
RESIDENTIAL • COMMERC''AL • INDUSTRIAL
,`�l�Ci.��1`� LF��-fCLyL-trp1-► - _ "� • > :ZG . � z/091 � I
NO
IPA Q
SUB
i i 10 Z3
�-1%7r .. .. ..r.. r..r .
1122- lo' :9
�c_ tau - may„ `5-r 1 IaCL �n aD � 7 i �►�
�x�ST 1►Y� �,�►.�vtlTlc �
lilaLL- -'0 6t Q�t"L�V�m
CL
,�-
gt�,w�
i
i
a�
24'-a'
%I
i�
L �W1.1' �.A•'� �JALL_
_ # r= Z;o WAS
P e.1LL'4.D Q. GIQ1LTi L. )
11J L7.tST� VG ��uupQTt pLi
\ U2A LL
Lu�w. 1
kkw WRLL To 6",
S 11.E '57ESZ5?� ((-aL)
Town of North AndoverNORTH
OFFICE OF 3?0y tt�e1�OL
COMMUNITY DEVELOPMENT AND SERVICES Ioiis
A
27 Charles Street►
North Andover, Massachusetts 01845'oA4"oµ�P"` c5
WILLIAM J. SCOTT 9SSACHUS��
Director
(978) 688-9531 Fax (978) 688-9542
March 30, 1999
Mr. John J. Munroe
105 Middlesex St.
North Andover, MA 01845
Dear Mr. Munroe;
Please be advised that as of March 30, 1999 the stop work order concerning
permit 9 508-98 is hereby lifted. The work may resume providing that all
work corresponds to the paperwork received by this department from
Evergreen Engineering and dated February 10, 1999 a copy of which is
attached.
Respectfully,
j /7
Michael McGuire
Local Building Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
C Town of North Andov�
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
WILLIAM J. SCOTT
Director
(978)688-9531
27 Charles Street
North Andover, Massachusetts 01845
February 25, 1999
Memorandum
To: Robert Halpin, Town Manager I
From: D. Robert Nicetta, Building Commissioner t
Re: ZBA Petition
Munro —105 Middlesex Street
Fax (978) 688-9542
Please be advised that the following is a chronology of the events that transpired as a
result of an application to the Zoning Board of Appeals for a variance on 105 Middlesex Street.
8/25/98 — 9/1/98 ZBA hearing published in the Eagle Tribune.
9/3/98 Letter from Mr. Munro to Mr. William Sullivan, ZBA Chairman,
stating that the square feet of proposed garage will be 576 s.f.
(Should be 576 s.f. x 2=1152 s.f.)
9/8/98 Petition: 037-98 ZBA hearing for special permit and dimensional variance to
construct two (2) stall garage.
10/20/98 Decision recorded North Essex Registry of Deeds.
11/12/98 Building permit application received in the Building Department with approved
ZBA site plan.
11/16/98 Buiiding permit issued by Michael McGuire
12/29/98 As -Built foundation plan received, rear lot line violation noted. Stop work
issued by Michael McGuire.
1/4/99 Letter from William Sullivan, ZBA Chairman, to Building Commissioner on
meeting held with Mr. ,& Mrs. John Munro and Mr. Michael O'Connor, abutter.
1/8/99 Letter from Attorney Joseph Mahoney to ZBA Chairman on behalf of Michael
O'Connor, abutter.
1/8/99 Certified plot plan revealing a jog of approximately 0.45 feet placed in rear wall
of garage (without permission of Building Department, nor was stop work order
removed.)
1/12/99 Letter of Building Commissioner to Mr. & Mrs. Munro recommendation filing of
a new application to the ZBA requesting a modification of original variance.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
41
9 i
�•
Fax (978) 688-9542
Please be advised that the following is a chronology of the events that transpired as a
result of an application to the Zoning Board of Appeals for a variance on 105 Middlesex Street.
8/25/98 — 9/1/98 ZBA hearing published in the Eagle Tribune.
9/3/98 Letter from Mr. Munro to Mr. William Sullivan, ZBA Chairman,
stating that the square feet of proposed garage will be 576 s.f.
(Should be 576 s.f. x 2=1152 s.f.)
9/8/98 Petition: 037-98 ZBA hearing for special permit and dimensional variance to
construct two (2) stall garage.
10/20/98 Decision recorded North Essex Registry of Deeds.
11/12/98 Building permit application received in the Building Department with approved
ZBA site plan.
11/16/98 Buiiding permit issued by Michael McGuire
12/29/98 As -Built foundation plan received, rear lot line violation noted. Stop work
issued by Michael McGuire.
1/4/99 Letter from William Sullivan, ZBA Chairman, to Building Commissioner on
meeting held with Mr. ,& Mrs. John Munro and Mr. Michael O'Connor, abutter.
1/8/99 Letter from Attorney Joseph Mahoney to ZBA Chairman on behalf of Michael
O'Connor, abutter.
1/8/99 Certified plot plan revealing a jog of approximately 0.45 feet placed in rear wall
of garage (without permission of Building Department, nor was stop work order
removed.)
1/12/99 Letter of Building Commissioner to Mr. & Mrs. Munro recommendation filing of
a new application to the ZBA requesting a modification of original variance.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
FIR I 1 1: 1 1 S. E. C u m m i n 9 s A s s o c i a t e s P 02 \
S.E.C. surveying Engineering & Con.w[ing
John J. Munro
105 Nlicldlescx Street
Norih Andover, MA 01845
March 26, 1999
Dear John,
This is to iTifurm you that S.E. Cummings & Aasociatey, 11K;. lits set an i'run pin at the
easterly corner of tax map 31, lot 34 (the corner closest to your view garabe). If your need
tiny .tddhiWlal infonriatiun to be provided, please cuh(rtt`t our unicc:.
Sincerely,
Albert T. Tru.del P.L.S.
S.F. Cuxrm,ings & Associates Inc,
22 OLD ROAD PLAIS T OW, NH P -Q.. BOX 1337
TEL: (603) 382-506.5 FAX (603) 382- 5216
March 12, 1999
Mr. Robert Nicetta
North Andover Building Inspector
Town of North Andover
North Andover, MA 01845
RE: 105 Middlesex Street, North Andover MA
Dear Mr. Nicetta,
Due to our very recent and very unpleasant experiences with both Mr. Munro and his
building contractor, Mr. Kevin Murphy, we would like you to request that they return the
boundary marker that separated- our property at- 29 Milton Street from their property at
105 Middlesex Street, before any further work continues. The marker was removed by
Kevin Murphy while digging- the -foundation at 105 Middlesex Street, the property of Gail
and John Munro. We have repeatedly asked Mr. Murphy to return the boundary marker,
and while he does acknowledge removing it, the marker has not been replaced to this day.
Due to the fact that the structure on 105 Middlesex Street was already built too close to
our property, we now feel that it is imperative that the boundaries be established.
We have been advised by the North Andover Police, that per c266 section 94 of the Mass.
General Laws, that it is in fact against the law to remove a boundary marker.
Furthermore, we have been advised that since boundary markers come under -your
iurisdiction, that you are the person to resolve this 'issue. We -also feel that before work is
allowed to continue on the structure at 105 Middlesex Street, that the boundary_ be
established to avoid any further mistakes on the part of the -builder.
We would also like to take this opportunity to thank you for your patience during what
can only be described as an absolute catastrophe.
Sincerely,
and
nn w r'l� _ -- c•�.__
G71vultorl JUCCL
North Andover, MA 012--45
RECEIVED
MAR 17 1999
BUILDING DEPT.
I o,5 Ie S, i. S4 74A.) A.) + 6 Q, i IM U ?J v co t- r in ► I
8/0
2 l� A A f PLICA+c0nj *0 To wnj L tie r (<
~9/f3/78c,
}-��ear1A;4 r4fpmc=ed, w% e,�dt4/ov°a
I/ q /9 8
A�07 I G� O DJC C I SIUJl3
I1I1419P
I` ,t `° Recelue4 �y '�r,w4 (<
Iofao) 9
'TL- S(oau reCVOCIe & Rehr i J"'t o� >,e S
a a 9
1 e�� P-rj,,'` R ppbCa4/nom pvC�,-IU-d 6V De pj,
`t tss�=>r�•
i.� l �btr q 8
1 �0�►NJ d ��CL�i�� �4� �NJU�LTjV/� ea�i1P�EI e� (.,4Xt;x
P S b u t l+ re `f U a JrLi C rd M 4 kQ
-
I a,, lab
lc4S 13vjN- t,eceIuej) u1oLp-ttoAj Augtx-44- S,�op u.t+i•(C +SSc edt,
1 ►a) 4q
�rz th pvlorA j3 &S ComouSScotirr Tb cawoue-^ R-JU-441tis w.euJ
�ppllwtcoN �a 'Z- I!S A f,,• vhoAa C'jc&-Cce,�s cj(^ p(P U.
I l `t I ct a
�+e' .e, 2 3 4 t- IAtt-Py M A k. C U -4y IL��aneQl"�
rn�r „p p F Ia(.3j k8 w�U Wi�i�Lac9tifs, n?+�1�1, IOo►� .- zt��
C�tiirµl4N 4 Ufct_ c4atrMatj ,
5 �c l trzN S�
35 -
Co.x P
Co
t ar)
316 Ml LTo» Z�k
kAt` tow N N A06q&S 1.46ett% to 13'cl, Cct9,&cSS(a- -eA
r"T-Coh) JIIUJc j
A4uj-Nw ,, 0r6eLi S Aty -J u,(C LA,
rtsc)('C4I ry TW.,o,.e..t s fL�i^ rysbi-'[ X
°I
Lef�—Ir o i comp��i
•t .
---r - - -
iar
I r
1
O' X !3
fn L
1
f
i
T
fes+
i
•
•t .
---r - - -
iar
I r
1
O' X !3
fn L
1
f
i
T
111
T
«- O
1
U) 0 0
1
` M
11
MM
Cb CD
co
11
C LO -r -Q
11
��Z1� U --w
11
0
�t
N
v
N
❑A
It
T
«- O
T
Q
U) 0 0
` M
�Tf1
U) > 00O(O'WW'^^
MM
Cb CD
co
O L O O
C LO -r -Q
��Z1� U --w
a
d'
N
LO
.� o
a�
�<T—
c7)�oT-
X i 0 r
2!Cb 00
L
CY)
O �
C
CD
��ZH
C
co_
CL
L �
O —
O
CD ca
11L U
1L
C
Cz
n
O r
O n
LL c
C T
O
N v
U) co
i,
:!S
5�
MIFFLIN
Q
LUQ
oyod (f o
Nb'M7V''
Cl
j W
Z �o
Q �RLE�
QIP
W
W
W
Q
W W
WU �� ° LQ f�
QQ
Q- �W � W- Uo
Q
OW ►u0 °.� O QQQ
�o jtio
rn 313 � c JL4 Z W 040i
Qkj cn off` cnWo
W ��Z a i ° I W
2 CoQ z1� WW �?
W
:z �°O W ►` 00
W Y =� W � O
Li
0-11
00
Q� �Q LQ
W W ct�
Q, (� Ln cy
Lw W 3 W 2 Z W W
ZN Mi h c6 K
QNtiJvp�
)K Zj
R W Q
O 2
O
Z
W
CQ
�p2Q��0
QJ JW�Q
Y�O
2
W
W
Q
0
m
g
N
NN �LQUjQ:
WN:WQ�VW�
�NZjWOp
X02
cr
rn rn Z z�
of
N ri 4 1iA
I
cn Q 3
W
ko
to cq
0
�WO3W
Mto
ON
co
° jQ
L
m
oQp W rj
W
.o
Lo (40
Q�
ui�
Z=:Q<L
E-m�
> Ww=,:Z,
121-�
3�
�64 cr
�a�
V)(f)
W�=�W
Q5 Z)
�ko
cp
0
ko
k
Wq
O M
W X20
j
it
q
W Cl)
00
0.;
lmu�W �
E' FWD
ti
u�
Q)
>
W
Q:
Cj
UJ
Q
W
a
vii
a
o
a ,
I
cn Q 3
W
�WO3W
° jQ
L
oQp W rj
o Q: M
o
Lo (40
LQ
Z=:Q<L
> Ww=,:Z,
121-�
3�
q
V)(f)
W�=�W
Q5 Z)
W3W2
k
�Ocn�W V
W X20
j
W
W30
Q8�
lmu�W �
E' FWD
ti
WO
��
Q:
5f-�v k�
1-11 ti-� +� iz- Uf
VtiA p I 3 j i ii j qq t t tuk
1N l {-6%4
V4— `meT J W,., �
-Mw l'3tOVd k( IK4Qr-rr he:os*(ot
+ UFw T(-{
Qln��1+� w cc 6
��ri• L
11n� r s-aiie-I ,Vtit—
I� e jU Vi�
CU P Qir
W
P
W0
Town of North Andov c '
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
(978) 688-9531
February 25, 1999
Memorandum
ORTIy
� o'6
Fax (978) 688-9542
To: Robert Halpin, Town Manager
From: D. Robert Nicetta, Building Commissioner t
Re: ZBA Petition
Munro —105 Middlesex Street
Please be advised that the following is a chronology of the events that transpired as a
result of an application to the Zoning Board of Appeals for a variance on 105 Middlesex Street.
8/25/98 — 9/1/98 ZBA hearing published in the Eagle Tribune.
9/3/98 Letter from Mr. Munro to Mr. William Sullivan, ZBA Chairman,
stating that the square feet of proposed garage will be 576 s.f.
(Should be 576 s.f. x 2=1152 s.f.)
9/8/98 Petition: 037-98 ZBA hearing for special permit and dimensional variance to
construct two (2) stall garage.
10/20/98 Decision recorded North Essex Registry of Deeds.
11/12/98 Building permit application received in the Building Department with approved
ZBA site plan.
11/16/98
Building permit issued by Michael McGuire
12/29/98
As -Built foundation plan received, rear lot line violation noted. Stop work
issued by Michael McGuire.
1/4/99
Letter from William Sullivan, ZBA Chairman, to Building Commissioner on
meeting held with Mr. & Mrs. John Munro and Mr. Michael O'Connor, abutter.
1/8/99
Letter from Attorney Joseph Mahoney to ZBA Chairman on behalf of Michael
O'Connor, abutter.
1/8/99
Certified plot plan revealing a jog of approximately 0.45 feet placed in rear wall
of garage (without permission of Building Department, nor was stop work order
removed.)
1/12/99
Letter of Building Commissioner to Mr. & Mrs. Munro recommendation filing of
a new application to the ZBA requesting a modification of original variance.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
1/19/99 Letter from ZBA Chairman to Attorney Josephn Mahoney with copy of 12/31/98
discussion with Mr. & Mrs. Munro and Mr. Michael O'Connor attached.
1/26/99 Letter of opinion from Town Counsel to Attorney Jack Little who represents Mr.
& Mrs. Munro.
2/12/99 New Building permit application with drawing of proposed modification to rear
foundation wall received in Building Department.
2/18/99 Letter from Town Counsel to Bob Nicetta with enclosures from Attorney Jack
Little.
2/3/99 Letter from ZBA, Acting Chairman, to Mr. Fran DiNuccio, 39 Milton Street,
abutter.
Minutes of the ZBA meeting.
Copies of various letters of complaint.
cc: William Scott
File
Of♦ i '\ - r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 8th day of
September, 1998, at 7:30 PM to all parties interested in the appeal of John J. & Gail
E. Munro, 105 Middlesex Street, North Andover, MA., requesting a Variance from
the requirements of Section 7, paragraph 7.1, 7.2, 7.3, of Table 2, of the Zoning
Bylaws for relief of lot area, street frontage, front setback, side setback, and rear
setback, and for a Special Permit from the requirements of Section 9, paragraph 9.2,
to construct a garage on a non -conforming lot.
Said premises affected is property with frontage on the North side of 105 Middlesex St.
which is in the R-4 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 8/25/98 & 9/1/98.
��(oDs7,.1 i�>Ec>Z�gu��m,�c�Syn•aN.me..�v�mam=^£w�,p�mm° o�bHO�rxmH¢m��a�.3yoa . �am�do�N�?H�� �3^ �xB mawmm�o�.. w�?
-4 -4 �3m�w<�44y�aaa�mC_n4,m�
��myac^vo r$gZy4�D�'{ OoO.5W��no:'��5:Emm7 rnm'O�eQ:Zum}
°gnWC3qS03'9 3ta 9mWw0m
C amtn,010wwA—vmmyvtic0v-
06
., .m
y�— obScsz eNa�cCL oDnjjoo731r°
� o0OTwDO9_:
.3DC
Oa01 $0wx
Wro0QN
�aO ^
5ayytnNS
0 sr
l7
pZ'y�Z�
t-
:;/
no3?'_
I 0—
SEP 3
.PPF?z...._
3 September 1998
Mr. William J. Sullivan, Chairman
Zoning Board of Appeals
Town of North Andover,
120 Main Street
North Andover, Massachusetts 01845
Dear Mr. Sullivan,
Thank you for your telephone call of 1 September 1998 regarding the lot coverage of our current and
proposed garage. These values are:
Current Garage: 178.6 square feet (9.5 ft. x 18.8 ft.)
Proposed Garage: 576 square feet (24 ft. x 24 ft.)
We have asked our engineer to update the drawings to include this information.
We hope that this provides the information you require. We thank you for your assistance.
Sincerely,
John J. Munro III & Gail E. Munro
xV5 Middlesex Street
North Andover, Massachusetts 01845
Tel: 978-687-8091
z��
0
Received by Town Clerk:
TQlW K
HORTIA Atte V� R
Auc 6 M 53 Ahs
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF'FROM THE ZONING ORDINANCE
Applicant X00" J MuN4057. A,µ0 GAL- E /✓l R4 Address IDS MI000C5G--A SreE6-
,VoR.TH 1q,,00✓.�.V MA o )V q j Tel. No. 9�7 6? -7 805i
1. Application is hereby made:
a) For a variance from the requirements of Section_
Paragraph-/
1 � }�..and Table a- of the Zoning Bylaws.
b) For a special Permit under Section q Paragraph a -
of the Zoning Bylaws.
c) As a Party Aggrieved, for review of a decision made by
the Building Inspector or other authority.
2. a) Premises affected are land ✓ and building(s)
numbered IDS M IOrx'6-SC"c Street.
b) Premises affected are property with frontage on the
North (J) South ( ) East ( ) West ( ) side of
,AA tDDL&S« Street.
Street, and known as No. SOS l�l�pp�c-SF�c
Street.
c) Premises affected are in Zoning District , and the
premises affected have an area of FF square feet
and frontage of9R. g 1 feet.
Rev. 06.05.96
3. Ownership:
a) Name and address of owner (if joint ownership, give all
names) :
JOHN J M UN12.>7 Z %},-D GA It C MUNeo .
Date of Purchase 3► Jv,--i 193-7 Previous Owner MAA4 ✓SARGAU4--r
b) 1. If applicant is not owner, check his/her interest
in the premises:
Prospective Purchaser Lessee Other
•r _
2. Letter of authorization for Variance/Special Permit
required.
4. Size of proposed building: Z4 front; feet deep;
Height Z stories; Z 2- feet.
a) Approximate date of erection: ASA P
b) Occupancy or use of each floor:
c) Type of construction: W000 FAA.,,, 'v (!ZnE
5. Has there been a previous appeal, under zoning, on these
premises? ^Jo If so, when?
6. Description of relief sought on this petition SIOF S6TbAct, �AR
56T8AG,C Fieo—r SE7-gAC6- STJe-C-FT F94^v7-A46, LOT
7. Deed recorded in the Registry of Deeds in Book 1380 Page z58
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
TE $uiGDIN4 Is IIJ DISP-(-PAIQ , 6W.' -n4 7)4(- 00V2F/1LL1-4 Off). 4d, Au "IA64,e
_ 'ro SECv2E PV53E5S/0NS l✓E Aj&6-0 44DD, 7zo,+gL <ZAkAGE SP1q1f6 1?-) 56c"16 7-w0
�/frN CCE S ASO n16c-0 AdQiT10.vA4- SM4-A4E $P%1Cf (.dt 86t16V6 T1AT G01-S7V4.JGT-K
'�?I �- �EPc,9 CE/HEyJT C, A,tA4E /^J rNc SAME- LOCA n pry.+ AS 1-46 E F,c j s n e+S GARA46 _W I « HAVE
j}+E LGAS- IeARALT ON THd A-D-JACC-r+T- IµA 01le- T%IE APP��AKG6,
I agree to pay the filing fee, advertising in newspaper, and
ine-identalpenses*
Signature of Petitioner (s)
i
6 of 8
Rev. 06.05.96
I
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: 4
Required Setback Existing Setback Relief
or Area or Area Requested
Lot Dimension
Area
1.2 /S0O P72 ���� r:� 3610 Fr2
Street Frontage
/00 FT 99.} i Fzr o, 29 FT
Front Setback q
3o c -r 2,2.1 F,
Side Setback (s)
is, F7 3.2- �P-,49-r l l,g Fr
Rear Setback
3 0 F -r -..0 r,r Z7 F r
Special Permit Request:
rRC'EX1ST//J� /��JONC(De.jFCD r -M //"j
7 of 8
Rev 06.03.96
LIST OF PARTIES OF INTEREST PAGE 1 PF 2 1
SUBJECT PROPERTY
MAP PARCEL NAME IAOORESS
31 3q JO,,m"'oo /4.A IL E- MVv/Lo V i loS MIDDCESEK ST /I ArjDovu- "-4
o,21(f'
I
ABUTTERS
MAP
PARCEL
NAME ADOREESS//
31
2-
`J c- NN IS LCu44)(4 Dokor-,+y P- Qua-,ell 19
^'IILTDN C-'i
I /�
!*jo ANDD✓� mA
c)/g` s,
31
vR�
JA*i&s W NA00e,&jl- MI"AEL 0'6111411 Z9
MILro J ST
Nd AND ✓ AAA
O/yy'
3 1
3
30
33
MAP-Y N C,4u2c11 /V640,V,cA 67,,.,,jc-4, 1/1 3S MILTON S-
I NUuAiJ Lc(-At",,, MA1-fL'(N F.IcLiAa CCO l M�OOC.E3FK'T
/�lo Ar.�Do✓cam MA
NN,�O�e� MA
of�S�S
O16`�
31
3 S
ILL A,,., 0 IO J-,, KAP J yo��s / 1�3
MIDOC�3Ef ST
/�0 A NDOdcGr; MA
O/ b'YC
Zo
Z2-
69'fArli A ,J&,LL Je--F+A M /J' ILL � 12Z
M%0,0 S;
tQo A"Do JNLM'A
o11ql-
W
Z3
ZCH/gLo E-CAr-D /
MI.Doee-se, Sr
No AN Do )&k- MA
oISYS
Zv
Z
/lo{
h90 A".DoJa-- MA
o
2�O
25-
Dn
JU -IcJS 10�
Mlo�cc-sf� Sr
/Jo ANOova- MA
ol?4S
ZU
Z(o
A'1>q,e�l E lAN 98
M DO(EsE,� ST
/Jo A,voo✓eA - MA
o/8Vt
I
I
I
I
I
I
I
I
I
CERTIFIED BY:
ASSESSOR'S OFFICE
DATE
B
Rev. 06.05.96
3
37
36
07
36
c.D
- I _
isI
I �
z
F
�
Z Z � �
_
z —
v
IIu-`
fi
T_
rr
D
I I
�I
J
7
N
7
K
F
SII I
VAI I
Z
I
� r
Y
Z
I
r
—
J
M1
v,
VNI
c.D
- I _
isI
I �
z
F
�
Z Z � �
_
z —
v
IIu-`
fi
T_
rr
D
I I
�I
SII I
VAI I
I
� r
i
e
G
mac. D 4-
Feai.:..tr/y of Deeds
Northern District of Essex
county
L.awrencej MA 01840
(p 1.0no/ge
T11,
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
TAX MAP 31
LOT 28/
N/F
DENNIS L. &
DOROTHY R. CURRIER
19 MIL TON ST
NO. 'ANDOVER, MA
TAX MAP 31
LOT 35
N/F --
WILLIAM
WILLIAM D. &
KAREN J. YOUNG
113 MIDDLESEX ST.
NO. ANDOVER, MA
TAX MAP 20
LOT 22
N/F
BRYAN A.
JENNIFER M. NEILL
122 MIDDLESEX ST.
NO. ANDOVER, MA
TAX MAP 31
LOT 29
N/F ---"—
JAMES JR. &
ALICE DEADDER
29 MIL TON ST.
NO.ANDOVER, MA
100.2'
TAX MAP 31
E0'S77NGLOT 34
GARAGE {'
-� 8,890 S. F. f
0.20 AC. f i
I
ING
ORY
LING
TAX MAP 20
LOT 23
N/F
RICHARD E. CARD
114. M/QDLESEX ST.
NO. 'ANDOVER, MA
FOR REGIS TRY USE ONL Y
n
°p ca 35.8'
2112
WOOD fRAMEO STlARY
ti
O MEZL/NG 99.77
MIDDLESEX
PROPOSED
1 GARAGE
28.7'
S TRE!
TAX MAP 20
LOT 24/25
N/F
JULIUS R. &
MARY E. PIEROG
104 MIDDLESEX ST.
NO. ANDOVER, MA
l HEREBY CER77FY THAT THE PROPERTY LINES SHOWN (
ARE THE LINES DIVIDING EXIS77NG OWNERSHIPS, AND Th
OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUi
STREETS OR WAYS ALREADY ESTABLISHED, AND THAT A
FOR DIWS/ON OF EXISTING OWNERSHIP OR FOR NEW WA
ALBERT T. TRUDEL P.L.S. # 36869 OA TE
I CERTIFY THAT THIS PLAN CONFORMS WITH THE RULES
AND REGULATIONS OF THE REGISTERS OF DEEDS OF TH
COMMONWEALTH OF MASSACHUSETTS.
� .r'
e1"3._I
ALBERT T. TRUDEL P.L.S. # 36869 DATE
5
cr
0
�I0
0
H
to �CrA
O
Q
aG
U.
V)
yQy
Cn
O
Z
z
7
L04
p
C4
G
U
C
LL
D
W
C7
p
1:4
C
LL
O
t
�?
W
p
Cd
y
(n
C
L4
0
F,
a
¢
p
0L
C
LL
F
W
p
W
n
C
T
o
W: o
• o c 7
«r p
l� m
CD
q p m
�NG��P• � � ` V p
cm
m c
E
•.. N
m N
Cm ,
= N
N l0
CD
15CD :ac0� m
® H �
Lm >
L O
N
=L m
cm •- Z o
Q � � N m C •C
= m m G N
a
H p p 1-- CO
co
Q#Aca z
W 'D % c .0
c
N O
W
• V m p -0 E C_
O elmw a m p�
_ a o`y�. o
F- = $ aim
�
:W
cn
O
O
E
Q�
•�
O
C
V!
O
U
O
•�
CD
O
CL
C
1-- i
CD
V
u
CL
v J
W
�
V
O
O
.0
G
C .0
rte-+ C
!C CD
00
ZL)
O.
V!
C
CER BRED PL O T PLAN
S.E. CUMMINGS & ASSOC/A IES
AO. BOX 1337 PLAISTOW, N.H. 03865
TELEPHONE (603)-382-5085 FAX (603)-382-5218
TAX MAP 31
LOT 34
v 8, 890 S. F. t
�- Q- 0.20 A(
EXI S TNG
2 1/2 STO
WOOD FRAMED
DWELLING
99.71'(C)
100. 16, (P
MIDDLESEX
SCALE I" = 40" DATE: DECEMBER 28, 1998
i HERE -9 Y CER TIFY TO TOWN OF NOR TH
ANDOVER, MASSACHUSETTS BUILDING
DEPAP T MEN T TNA T THE EXIS TING GA RA GE
FOUNDA TION DPA WN ON THIS PL AN IS
L OCA TED AS SHOWN.
EX/STING GARAGE
FOUNOA TION
N
3.5'
Q
O obi
rn
S TREE
I�t1 OF
ALBERT T. G
TAUDEL
o Na. S58W a e
\ash �fGISTt?l 1)
OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STREET
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS: FRONT - 30 FEET
SIDE - 15 FEE T
REAR - 30 FEET
764-CPP.OWG
at,Oo ,e• ~OCL
i
O — p
Arlo
,SSACHUS��
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 4, 1999
To: Building Commissioner, Mr. Robert Nicetta�
a_
From: Mr. William Sullivan, Chairman Zoning Board of Appeals
In order to create harmony in a Middlesex -Milton Street neighborhood the Zoning Board of
Appeals requested a meeting of the principals.
On December 31, 1998 a discussion was held in the conference room at the Community
Development Center on Charles Street to address a garage structure authorized by Petition
037-98 on September 14, 1998. Those in attendance were Mr. John Munro and his wife,( the
Petitioners of Subject Item), Mr. Michael. O'Connor,(an abutter who objected to the height of the
structure), Chairman William Sullivan and Vice Chairman Walter F. Soule.
This meeting was the result of an As -Built Plan Submitted to the Building Department in Mid -
December showing a violation of a garage structure of approximately 5 inches set back, at rear
lot line, from the authorized set -back of Petition 037-98, as approved previously by the Appeals
Board.
Mr. Munro explained in detail that he did everything according to procedure in July and August
1998, well before the Public Hearing, by speaking to many neighbors including Mr. O'Connor
about the garage structure. There were no objections at that time. Legal Plans and pictorials were
available at the Zoning Board of Appeals Office and all Legal Notices were properly sent to the
abutters. Mr. Munro and his wife stated that they want to be good neighbors. Mr. Munro further
explained the high cost of the garage($ 35,000)and the extra charge to alter the structure($5000).
He also noted that a building was placed on the rear lot line of Mr. O'Connor's property since
September 1998. He was not complaining about this building but due to Mr. O'Connor's
complaints to him of broken windows and the door of this building not functioning, since garage
construction began, he authorize his builder, Kevin Murphy, to correct the shed problems and to
bill him(Mr. Munro). He further stated that he would place, plant trees, or other plantings
including but not limited to, trellis and roses, window boxes with flowers on the back upper
story windows of the garage or anything to enhance beauty of the rear of the garage structure as
viewed from the neighbors and Mr. O'Connor's property. RECEIVED
JAN 0 5 1999
BUILDING CREPT
Mr. Sullivan asked Mr. O'Connor to state his position with regard to the structure. Mr.
O'Connor stated he wants harmony in the neighborhood too. Mr. O'Connor was originally told
by Mr. Munro, of the two stall garage in July, but insisted that he was not told it was a two story
structure until he saw it being constructed in mid-Decemberil998. His position is that the height
of the structure changes the look of his backyard and will shield the sunlight. His wife is very
upset and was crying most of the time about this issue. He has surveyed the neighborhood
recently and found others who support his position. Mr. Sullivan asked Mr. O'Connor if he
would share in the cost of modifying the structure. His response was negative. Mr. O'Connor
acknowledged receiving the Legal Notice, but chose not to attend the Zoning Board of Appeals
Public Hearing in September. He thought it was to be the same height as other garages in the
neighborhood.
Mr. Sullivan noted that neither parry was flexible at this time and as such the following options
would be required to resolve :
1. The builder, Kevin Murphy, could properly replace the back wall of the garage entirely,
including the complete foundation, in order to meet the Zoning Board of Appeals set back
authorization of Petition 037-98, and furthermore only if he could satisfy the Building
Commissioner, Mr. Nicetta's requirements and that the North Andover Building Code would
not be violated.
2. Munro's re- petition of the Zoning Board of Appeals allowing a modification to grant rear
setback relief in accordance with the original "As -Built" Plan submitted to Building Inspector.
Mr. O'Connor was informed that he could seek relief through the Judicial Court System.*
* All parties present were also reminded that the 20 day normal appeal period after the Public
Hearing was held in September 1998, for the Zoning Board of Appeals Decision Process, had
expired with no interest being shown.
Please advise the ZBA which option is to be incorporated.
Page 2 of 2
r
0
LAW OFFICES
127 TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS 01845-5095
VICTOR L. HATEM
ALSO ADMITTED IN N.H.
JOSEPH V. MAHONEY
PETER L. HATEM
ALSO ADMITTED IN FLORIDA AND N.H.
January 8, 1999
Mr. William J. Sullivan, Chairman
Zoning Board of Appeals
405 An cver Street
North Andover, Mass. 01845
re: 105 Middlesex Street
Dear Mr. Sullivan:
n'L,ocr-
(COpy
(978) 685-3368
FAX: (978) 682-1712
I represent Mr. and Mrs. Michael P. O'Connor, 29 Milton Street, North Andover, abutters
of the above-cited property which was granted a variance, as you know, on September 9, 1998, to
accommodate a two -car garage.
As I understand it, construction of the garage ceased last week because the building
inspector issued a stop -work order in that the structure was not being built in conformity with the
plans approved by the Zoning Board of Appeals. It violates the variance with respect to the rear
setback.
Subsequently, the Munros (who benefit from the variance) have had their contractor
attempt to make the structure conform to the plan by chipping away at the footings and by
modifying the rear of the building. This, with the hope that the building will meet code and town
requirements, and that assurance of that can be given to the building inspector.
The result, it seems to me, will amount to a modification of the variance. The
modification, it seems to me, calls for a rehearing of the issue before the board of appeals.
Consequently, I would respectfully ask that you re -think your decision, and before any further
work is undertaken, to re -open the entire issue.
The O'Connors are aghast at the magnitude of the structure authorized by the board of
appeals. Its footprint is not only more than double the original garage, it's also now two stories
rather than one. With an overhanging roof. And practically in their back yard.
RECEIVED
JAN 1 1 1999
BUILDING DEPT.
rI
They acknowledge that they did not appear to the original hearing. They did not oppose
the variance; they were not told that the garage would be two stories and not one. They did not
appeal the variance within the statutory period. They were ignorant of the law; it turned on them
and bit them..
I've viewed the garage. My own opinion is that it's in a neighborhood of older, smallish
lots, and it dwarfs some of the nearby houses. In my opinion, it certainly is a detriment to the
public good and it adversely affects its neighbors. In hindsight, it is hard to see how the variance
meets the statutory criteria—which you are well aware of.
You, Mr. Sullivan, have always been more than fair with me. As for others, I have
observed over the years that you and Walter Soule and the members of the board bend over
backwards to be accommodating and reasonable and fair with all parties. I would ask you to be in
this case, too.
Given all of the foregoing, given that the building does not conform to plan, given that
the builder is tinkering with what he put in the ground to try to make it conform, and given that
the building inspector has shut things down, I would respectfully request that you consider either
rescinding the variance or reopening the issue :or further consideration.
Thank you for your consideration, and I look forward to your response.
cc: Robert Nicetta v `'
Michael P. O'Connor
H:\G6953\ltrto Mr Sullivan 1-9-99.doc
Very truly yours,
--1�62
JosWh V. Mahoney
CER nF/ED PL O T PLAN
S.E. CUMMINGS & A SSOCIA TES RECEIVED
P.O. BOX 1337 PLAISTOW, N.H. 03865 JAN n g 1999
TELEPHONE (603)-382-5065 FAX (603)-382-5216
BUILDING DEPT
TAX MAP 31
LOT 34
0. v
8,890 S. F. f
0.20 A(
rn �
EXIS TNG
2 1/2 5 T
WOOD FRAMED
DWELLING
100.2" P
)9.80 C
99.71'(C)
100. 16, (P
11,5' b145' EXISTING GARAGE
° O FOUNOA TION
ri
N N
24.0' 3.5"
o �
rn
MIDDLESEX STREET
SCALE 1 = 40' DA TE: DECEMBER 28, 1998
REV/ SED: JANUARY 7, 1999
I HEREBY CERTIFY TO TOWN OF NORTH
ANDOVER, MASSACHUSETTS BUILDING
DEPARTMENT THA T THE EXISTING GARAGE
FOUNDA TION DRAWN ON THIS PLAN IS
L OCA TED AS SHOWN.
` H Of
�f4
ALBERT
CD TRUDEL
No. 38869 0
\ass �fCIgTEi`�.�P�
OWNER OF RECORD: JOHN J. &VGAIL E. MUNRO
105 MIDDLESEX S TREE T
NORTH ANDOVER, MA 01845
THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT
MINIMUM SETBACKS. FRONT - 30 FEET
SIDE - 15 FEET
REAR - 30 FEET
76 4 - CPP.OWG
12
two
CA RAM
NI
-1
. ........ TWA Qvlm� I MA
01 .-"N
Mir In 4!�,
... . .......
A
VIPT!"PA, For•Ill-
'A"O,
Wtzm
i-6 Ln �-
1 NO R TM ----�.
Town of North Andowink of , �° H .1
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES p
27 Charles Street
North Andover, Massachusetts 01845
SAC US
WILLIAM J. SCOTT
Director
(978) 688-9531 Fax (978) 688-9542
January 12, 1999
John J. & Gail E. Munro
105 Middlesex Street
North Andover MA 01845
Re: ZBA Petition 037-98
Dear Mr. & Mrs. Munro:
The certified plot plan dated January 7, 1999 as submitted by your builder indicates that
the rear wall of the structure is in violation of the referred petition.
The rear wall has been reconstructed without permission of the Building Department and
now has a "jog" of approximately, 0.45 feet.
It is recommended that you file a new application with the Zoning Board of Appeals
(ZBA) requesting a modification of the original variance.
The Stop Work Order posted on the building is to remain in effect pending the ZBA
decision and is to be removed only by the Building Department.
If you have any questions please call me at 978-688-9545.
Very truly yours,
D. Robert Nicetta, Building Commissioner
DRN/j
cc: Robert J. Halpin Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
Joseph Mahoney, ESQ
Michael P. O'Connor
William J. Scott, Director CD&S
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
�J
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET
BOSTON, MASSACHUSETTS 02110-1727
THOMAS J. URBELIS
E-MAIL: tju@ufb.com
D. Robert Nicetta
Building Commissioner
27 Charles Street
North Andover, MA 01845
Telephone 617-338-2200
Telecopier 617-338-0122
January 26, 1999
Re: John and Gail Munro, 105 Middlesex Street
Dear Mr. Nicetta:
Andover Office
26 Chestnut Street
Andover, MA 01810-3600
Telephone 9784754552
Please Send Correspondence
To Boston Address
You have asked whether it is lawful and proper for you to agree, upon
receipt of satisfactory plans, to allow reconstruction of the rear wall of the
structure located at the above property so as to bring the structure into compliance
with the variance and/or special permit granted by the Zoning Board of Appeals.
In our opinion, such course of action is lawful and proper under the facts as we
understand them.
Please feel free to call if you have any further questions or comments.
Very truly yours,
Thomas J. Ur is
TJU:jeh
cc: Robert J. Halpin, Town Manager
John R. Leeman, Jr., Board of Selectmen
William J. Sullivan, Chairman Zoning Board of Appeals
William J. Scott, Director of Community Development and Services
-7 g
sAwp51\work\n-andovekorresp\r ieetta2.ltr
THOMAS J. URBELIS
E-MAm: tju@ufb.com
Jack Little, Esquire
401 Andover Street
North Andover, MA 01845
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET Andover Office
BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Sweet
Andover, Iv1A 01810-3600
Telephone 978-4754552
Telephone 617-338-2200 Please Send Correspondence
Telecopier 617-338-0122 To Boston Address
January 26, 1999
Re: John and Gail Munro 105 Middlesex Street North Andover
Dear Mr. Little,
This letter will confirm our conversation that your clients desire to bring the structure into
compliance with the terms of the variance and/or special permit granted by the North Andover
Zoning Board of Appeals.
Pleased be advised that the Town will require plans, including engineering drawings,
indicating how your clients' builder intends to perform the requisite work to comply in all respects
with the variance and/or special permit. These plans should also show how your clients intend to
reconstruct the foundation without jeopardizing the structural integrity of the structure and how
the new foundation will be tied into the existing foundation. Please submit those plans to the
Building Commissioner for his review. Once these are received, we will be back in touch with
you.
Very truly yours,
114WC,3 ,
Thomas J. Ur is
Town Counsel
TJU:jeh
D. Robert Nicetta, Building Commissioner
Robert J. Halpin, Town Manager
John R. Leeman, Jr., Board of Selectmen
William J. Sullivan, Chairman Zoning Board of Appeals
William J. Scott, Director of Community Development and Services
cc:
Joseph Mahoney, Esquire
s:\wp51\w«kvl- d akorrap\httleltr
y� Cr1 n 4 Cil vi Z Z
Y C7 z
a o
lot
77
C)
-�-
z<`—
� p
4:, H
n a r•�
� O
oa
r d 6 d m a
d
z
x
z
cn
n
0
a
Ic
O
EYE161110 MNOINEEZINg
P. 0. Bax ssa ASSM. RIC.
E. HAMPSTEAD, NH 03825
(603)329-5540
FAX (603)329-6406
ST
�� • ��Z? b�1 ACL_ � � �
RESIDENTIAL • COMMERCIAL • INDUSTRIAL
PROFESSIONAL
STRUCTURAL ENGINEERING
DESIGN SERVICES
..E OB
SUBjECT
v Dry" -Z�I �`t 3� :..� 3' �e�T
DES�3NEr 3 _ - -
\2'-(0' Y
19
m
IN
5cc--c %" 0
i�ktST 1 � ��►.�o�Tle �
!iln L t_ -r o
rQAwI-C -
24, a'
fA C7 1 P L FLAi�- aR'- WALL
w„_ It —&%
R-71 s,F�
- 0 Dowr,�-.
P2tLL,;.p 4, Gourru>
U1ALL -T,.< v, LC A`l
\ o" FbQ>anA-► 1-n 0 U-� atm.
lbw I_UALL To 5-, � L.'�1�-�►srlu�, j
�vNDfa"T�Oh1 Q PR6�1PfS? �'`)%P�—iAL_ �
MEN' �rwwr ttNQ
P. 0 _ BOX .668 ASS•
E. HAMPSTEAD, NH 03825
( 603) 329—S540
FAX (603)329-6406
0
ale. PROFESSIONAL
1 S MVVP U,,S -11 3T STRUCTURAL ENGINEERING
�L ,� � . DESIGN SERVICES
�NT7�V
RESIDENTIAL • COMMERCIAL • INDUSTRIAL
:ZTLE. �1`yeP1-1'� ��IJSTfL�1L"iIDL.� SS�` ' l V0 .
SIIBJEC'Z
T S H E E NO
DESIGNED 3Y DA"-zlltlg ZHECK D B`.' DATZcl /
'.% r ..-1.\/_ ,\ I
l�Ew
PEI L.,.4.o &- Cle
1►�� a -IM' -rk
IAL-
(,-Xe
%c apL)
EKiE.03)
T -x 1ST1 NG
�C]T 116.
0
URBELls, FIEL.DSTI EI. & BAILIN, LLP
155 FEDERAL STRITT
BOs'I'ON, MASSACI USETTs 02110-1727
THOMAS J. URBELIS Telephone 617-338-2200
E-MAIL: tju@utb.com Telecopier 617-338-0122
February 17, 1999
rL
Andover Office
26 Chestnut Street
Andover, MA 01810-3600
Telephone 978475-4552
Please Send Correspond.nce
To Boston Address
D. Robert Nicetta
Building Commissioner
27 Charles Street
North Andover, MA 01845
Re: John and Gail Monro, 105 Middlesex Street, N. Andover
Dear Bob:
Enclosed is a copy of a letter dated February 12, 1999 from Attorney Little
together with the referenced enclosures.
Please call me if you have any questions.
Very truly yours,
T�1A
Thomas J. Urbelis
TJU:jeh
Enclosures
cc: Robert J. Halpin
William J. Scott
John R. Leeman, Jr.
LI
i FEB ! 8 rsg9
s:\wp51 \work�n-andove\jnunro\jucetia.Itr
Law"Offices ofT Bryan ack an LQtle P.C.
401 Andover Street
North Andover, MA 01845
(978) 682-9985 FAX (978) 682-9935
February 12, 1999
Thomas J. Urbelis, Esquire
L'rbelis, Fieldsteel & Bailin, LLP
155 Federal Street
Boston, MA 02110
RE: John and Gail Munro - 105 Middlesex Street, North Andover
Dear Tom:
Enclosed please find plans of Evergreen Engineering Associates, Inc. for the modification
o P the garage foundation at the above -referenced 105 Middlesex Street.
It is my understanding that the builder has delivered a set of these plans to the Building
Inspector for appropriate action.
Please advise if there is anything else that you will require in order to lift the stop work
order issued by the North Andover Building Inspector.
Thank you for your assistance in resolving this matter.
JBLng
CC: J. Munro
Sincerely,
,1
EVERGIM woo 1
P.O. eox 6s8 ASM INC IoS �, ��`���, 5T PROF-=SSICNAL
S RUC URAL e4GiNaRING
E . HAMPSTEA13, NH 03825 p . ���dvrte_ ; �Ez-iGN SEWCES
(603)329—SE40
FAX (6D3)S2S-0406
RESIDEN- iAL • COMMERCIAL • INDUSTRIAL
\W4;7rJL-Trpl� r' :iG
3 u
cl
t2'- lo• � �
I
a LL_
„_\t^C�\
1 lJ �.7.t ST i V G �p V Ui7 QT t �u
tilt> LL_
\-2 - Lo
�
--
�I
Ip" FDzna-rrb,u Luau..
k\ST 1 LICA �c�.�Uo ilT l c �
w WALL_ To
sa I
ST Sn1� Gu -T T t 1J C -r .
PRe p cu "'l rte-�c>L
S tl_\_ STc-=-5PA
I
',I
I
a LL_
„_\t^C�\
1 lJ �.7.t ST i V G �p V Ui7 QT t �u
tilt> LL_
\-2 - Lo
�
oy
L
Ip" FDzna-rrb,u Luau..
w WALL_ To
r,akju p A -rvv-� d
PRe p cu "'l rte-�c>L
S tl_\_ STc-=-5PA
Bax 6B$
,E.- HAMPSTEAQ , ►gym a382s
( 603) 329-S540
;AX (603)329-0406
RESIDENTIAL • COMMERCIAL • fNOUSTR1Al.
. u ,� Zllt E� I1X-NCS PROFESSIONAL
ST STRUCTURAL ENGINEERING
DESIGN SERVICES
ES'. • l NO
L z . Lc� "-T R.uL'T i a L.� ; 0 B .
SECv0.
\►�,Ta �xts�'� mac.-,
(7-, q
���L�
g (M,a) Dp, a-.:5 �
�xrEa'p
�x \ST► NG
Mr. Fran DiNuccio
39 Milton Street
North Andover, MA 01845
Dear Mr. DiNuccio,
ti A
^* `' 41
,sSgcHuSet
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALS
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
February 3, 1999
FAX (978) 688-9542
I am in receipt of your letter dated January 28, 1999 regarding the Munro garage at 105 Middlesex Street.
Please be advised that I will address your concern regarding the notification of the legal notice as follows:
At the time of the filing of the application, Mr. Munro submitted a certified Assessor's abutters list
containing the map and parcel and the corresponding names and addresses of abutters. This is the list
we use to mail the legal notices to. The normal requirement is abutter to abutter within 300 feet of Mr.
Munro's property.
The legal notice was then advertised in the Lawrence Tribune on 8/25/98 and again on 9/1/98.
The legal notice was posted on the Town Hall bulletin board 2 weeks prior to the meeting date of 9/8/98.
We followed the guidelines and procedure according the our standard process.
If you wish to pursue the matter with the Assessor's office as to why your name was not listed on the
certified abutters list then by all means feel free to do so.
Best regards,
Jxaw�%04e
Walter F. Soule
Acting Chairman
Zoning Board of Appeals
cc: Garrett Boles, Assessor
Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
Willham J. Sullivan, ZBA
William J. Scott, CD&S
ml/DiNuccio
BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL LUNNTNG 688-9535
Z r"
V6 Oi
/✓fit' 'vt, x ?FeYr Y' �odsa 11 ! �.; •i
January 28, 1999
Town of North Andover
Community Development and Services
27 Charles Street
North Andover, MA 01845
FEB 2 /A
Attn: Members of Community Development and Services
n
dSr PFS('
My name is Fran DiNuccio and I live at 39 Milton Street in
North Andover. Recently a large structure was built on 105 Middlesex
Street that over looks my kitchen picture window. My concern is that I
was not informed about this building being constructed since it is
approximately 175 feet from my land line. My other concern is that this
building does not conform with this neighborhood. I would have no
complaints at all if truly a two car garage was to be there, but I feel
this building is a far cry from a two car garage.
Sincerely,
Fran DiNuccio
39 Milton Street
North Andover, MA 01845
cc: Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ZBA
William J. Scott, Director CD&S
0
Public Hearing:
Robert & Theresa Losco
32 Rosedale Ave.
Robert Ford read the legal notice. Robert & Theresa Losco are requesting a variance from the
requirements of section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback and rear
setback and for a Special Permit from the requirements of section 9, P 9.2 to construct a 2nd floor level
above the existing level for the addition of 3 bedrooms and a bath on a non -conforming lot. Chairman
Sullivan asked who was present to represent the petitioner. Robert Losco was present to represent himself
tonight. Theresa Losco spoke in favor of this petition.
Chairman Sullivan asked if anyone was present in opposition, no one was present. Chairman Sullivan
visited the site and all of the homes along Mr. Losco's street/area all have 2nd floors on their homes as the
square footage would be allowable to do so. The Board reviewed Mr. Losco's plans and agreed that the
square footage was in order. Chairman Sullivan suggested that the Board grant the variance and special
permit request tonight.
Upon a motion made by Walter F. Soule and seconded by John Pallone, the Board of Appeals voted to
grant a variance requested from the requirements of section 7, P 7.1, 7.2 & 7.3 for relief of lot area of
15,568 foot, street frontage of 50 feet, front setback of 1 foot, right side setback of 10 feet, house side
setback of 4 feet and rear side setback of 4 feet and to grant a Special Permit from the requirements of
section 9, P 9.2 to allow the construction of a second floor level above the existing level for an addition of
3 bedrooms and a bath, on a non -conforming lot, with the condition that the existing garage be removed,
in accordance with the plan of land dated 8/7/98, and prepared by Scott L. Giles, Registered Land
Surveyor. Voting in favor: WJS/WFS/RF/JP/EM.
Public Hearing:
John J. & Gail E. Munro
105 Middlesex St.
Robert Ford read the legal notice. John & Gail Munro are requesting a variance from the requirements of
section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback , side setback and rear setback
and for a Special Permit from the requirements of section 9, P 9.2 to construct a garage on a non-
conforming lot. Chairman Sullivan asked who was present to represent the petitioner. John Munro was
present to speak on his own behalf. He explained why he wanted to construct a garage and what his
hardship was relative to the request.
Chairman Sullivan asked if anyone was present in favor of the petition. Julius Pierog, Middlesex St.
spoke in favor of the petition. Chairman Sullivan asked if anyone was present in opposition, no one was
present to do so. Mr. Munro discussed the plan with the Board and Walter Soule asked what Mr. Munro's
intent was toward the stairs and also what would become of the pre-existing non -conforming structure.
These issue would be addressed within the wording of the decision.
Upon a motion made by Scott Karpinski and 2nd by Walter F. Soule, the Board of appeals voted to grant a
variance for relief of lot area of 3,610 feet, relief of street frontage of 0.29 feet, relief of front setback of
7.9 feet relief of side setback of 11.8 feet, relief of rear setback of 27 feet, and to grant a Special Permit
from the requirements of section 9, P 9.2 to construct a garage 24' x 24' with the condition that the
proposed 2"d floor garage area be used only as storage and not to be used as living space and that no
utilities other than electricity be allowed in the garage area, and with the condition that the existing
0
garage be removed, in accordance with the plan of land dated 8/5/98 and prepared by S.E. Cummings
Assoc, Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: WJS/WFS/RF/JP/SK.
Upon a motion made by Walter F. Soule and 2nd by Robert Ford the Board voted to adjourn the meeting at
10:05PM.
Ml/septmtg
u4l/va,yy 1J: 14 rAA ovo 000y000 ovnln zs.wuicn W -J VVJ
0 O
J311.0 ir) 27, 1.g IV IV
r,^
Town of North Andover
12u Main Street
North Andover, MA. 01845
To the Town Manager:
To the Selectmen:
To the Building Commissioner. -
To the Zoning Board Chairman
lair
Robert J. Halpin
Keith Mitchell, Chairman
John Leeman
William Duffy
Donald Stewart
David Torisi
D. Robert Nicetts
William Sullivan
I want to state my objection and displeasure with the garage that is being constructed on 105
Middlesex Street. [Was not even notified that this project was up for approval, even though this
Construction directly aif@is rne.
1 own and occupy the property at 36 Milton Street. Having lived in this house for the last 19 1/2
,ears, I lave always been able to look out the front window of my living room and front porch
and see almost through to Middiesex Street. The height of this construction now completely
cuts out this view. My home is a two family, with a rental apartment on the first floor_ My
present tenant has lived in the apartment for the last 12 years. Her view from the living room;
front porch and front bedroom is now obstructed as well. Property values have been affected
and I tear, future rentals may be affected as well.
The structure is certainly not a replacement garage. It is much too high for this neightrofiond
and looks more like a barn than a garage. It is so close the property line at 29 Milton Street
and so overpowering that it looks like it belongs to that property rather than to tha property or,
105 Middlesex Street.
How could you allow this construction without notifying everyone who would be
affected7 How could you allow a two story construction when the issue was one of
replacement? How can you let the country atmosphere of the neighborhood be turned
into the likes of a city block?
I understand that the construction has come to a halt for now. I will be on the side of those who
want the construction to romain at a halt and for the second floor to be taken down. My
expectation is that I rscciv6 a response to this letter_
L,nda� Sartashyj hlontminy
3t3 Milton Street, NC tth Andover. IVIA. 01845
FEB t N
a,...�►,„..,.c�� .�..,.,. �-�....�¢.dL �, fix,,,, �, � :1..
A JPN--OE, 1999 14=120 HPTP
K.M. Tannert Ni$ag, M.p.H.
341 East 6thStrmt, 4A, blew Vork, N?t 10003 ♦ {212} 673-0089
January 6, 1999
Mr. William 1. Sullivan
Chairman, Board of Appeals
Town $all
120 Main Street
Norm Andover, MA 01941
Re: RacenLConstrugLion on -MMM e nM=M tha borders "S Hilton atrk%.et
Dear Mr. Sullivan:
P. 02
I am writing in support of the concerns of my aunt, Mrs. Mary Church. and my another. Mn
Veronica l'annert, who are the owners and residents of 35 Milton Street, with regard to the rerPnt
construction of a .large building on the adjacent Monroe progeny. T. am also forwarding tEs ietTcr
to your attention as a future resident ofNonh Andover as Z stand to inhvit the rnonerhy zt 35
Milian Street. Members of my family have lived in North Andover since the end ofthe div+?
War and members of my family have ov✓rled the property of 35 Milton Street since 1924. az a
result, I am very Nvell acquainted with the immediate neighborhood and the netzre and 11i?[ory of
the community at large,
As you aro aware, the rrcent construction of a very large building, puroortcd to be a garage anti
storage area, on the Monroe property has sharply degraded the intei5ri- and character of;
historic neighborhood that speaks volumes for tiie development and setil.�nent of North Andover
early in thus cenrury. All of these homes, including the Monroe's. were well -waged and
apportioned to accommodate the needs oflatge families who could notRfford large plots c,fl,,d
and/or who were transitioning from a farming economy to industm,. A large lho+.tae with e on_ -
story garage or shed in the back yard was the limit of the permanent Structures These tiny plc*w wf
land were intmded to support. This plan has served the families of the immediate ne �bc'-hccs?
for most of this century, allowing sufficient space for privacv and, ;3.t the same time, c%ltv? ng -
the development Ofpositive community relations and identity. I wr sure you lnidcrsta-r how
space, or the lack of it, influences the social f1mcrionin¢ and welfare of a Ilei g borhood_
Beyond the immediate issues of physical appearance, crowdiine and neiglxborhapd!social identit 7,
there are other concerns that require redress. First, Mrs. Church and Mrs. Tannert are i ld-trly
unable to travel at night. Although informed of a meeting to discuss plans for the Mo`ro?
building in early September, that meeting was arranged for the evening, after dark, and without
sufficient notification for either my aunt or mother to make arrangements to attend- No pz-t;,
advised my relatives of alternative means of communicating their interests or assisted !he= in
navigating these formal procedures. They were entitled to receive cemnleta in_forrnatien ani? an
Opportunity to Offer their consent or disapproval which thev did not ,get There -,r?s no nt;t*cacl;
TOTAL. P. 02
01/06/99 14:52 TX/RX N0.3298 P.002
0
JAN -66-1999 14=14 () HR
P. �1
Mr. William Sullivan Daae 2.
to them. In my view, these wonderful and interested women have been discriminated against
Based on discussions with my family and neighbors, I believe the To�v-n was trusted to review
construction plans and order modifications to the structure if neededarvever, the building that
has receatly been ezected d,ffPrs in siza and plac,ernant irorn the proposal and has defied
everyone's understand; -ng and Axpectations. Is it poS-al-ble that intentions for this building and its
specifications were no! thorough pres.iz<3 io the ?own in the first place! The building is two
and a half stories high, `.;pith a staircase, high �iings, picture windows and electricity. is this a
rentable apartmem? Is ;t n IIf_ce or 5tud4;,? It is tae size of a house, placed too new the
O'Connor's property Hn-es, and distinctly out of Place on a postage -stamp parcel of land_
Zoning laws are a emcial aspect of fire management in a communiry. Buildings crowded too
elgsely together create an enviror,rjent for ire to spread more rapidly and may reduce access of
the Fire Department to r;,sidents in an eine-rgency_ The building on the MOnme property also
estabLishes precedent for the corAs,ruction of similar buildings throughout the district. North
Andover's pagul2» en has CR'Ploded over 11te past decade and The trend toward the establishment
of 3 more dense! conStructad comrruni.cy will ultimately challenge the Tow21's limited resources.
Finally, the building on the Monroe property has raised serious concerns about the value of
adjecenr proper res. As zne has advanced, the prtoperties Have increased in value, but this new
banding, by cro,%rding t1+; ertii:on,uenL w' rriakc all of these properties icss desirable if placed
on the market at ate, point in tut, i�iLUre. These homes are essential capital and the future "vall-
beine of aII of the '--vplz,ed fees will depend on maintaining the fair nu rl et value of their
11omes Enid prop ----ties.
On these points, I have offered my understanding and experience of the community, I hope that
for the >v°s,afit cf my relatives amd their neighbors that there zviii be an open meets before the
Board of Selectmer, to discuss all of the rclevaut facts pertaining to the contraction of the
Monroe bl:ilding. I also hope that a decision will be made to modify the structure to preserve the
safety, sec•,:rity,1,-9.vacy, appearances and financial vaiue of the adjacent properties. To
�ccomg?:sh less ,vou2d be uujUSL
I Iook forward to your response.
Sincerely,
cc: Keith Mitchell, Esq.
TOTAL P.el
01/06/99 14:55 TX/RX N0.3299 P.001 0
4.7o
, .13o -ofd �
h p-
0
0
Towler
40 Third Street
North Andover, MA 01845
!anuary 28, 1939
Mr. William Sullivan
Chairman
Zoning Board of Appeals
Town of North Andover
North Andover, L4A 0.4, W
RE: 103 Middlesex Street, North Andover, MA
Dear Mr. Sullivan:
� NK_ tl_Il7�Vl� G,J lL} Ti`��
It is our hope that the Board of Appeals will rule in favor of preserving the
traditional appeal of the neighborhood and propose a ccm;,rcmise so that tt
builder on 105 Middlesex Street's needs for expansion do not infringe on the
privacy and comfort of the ab Beers.
We are writing to you as residents of 40 Third Street, North Andover, MA to
express our objWion to the Town's approval of the structure being built on 103
Middlesex Street. The approval of such a two-story structure as seen from Milton
Streat detracts from the aesthetics of this conventionally quaint neighborhood -
Respectfully submitted,
cw�
David R. Towler
/kt
cc, Robert Nicetta
Keith Mitchell
William Duffy:
John Leeman
Donald Stewart
David Torrisi
Karen L. Towler
North Andover Building Inspector
North Andover, Chairman, Board of Selectman
Selectman
Selectman
Selectman
Selectman
V
January 28, 1999 -
Town of North Andover -
Community Development and Services
27 Charles Street
Ncrt � irndove; , VlA 0 1845
Attn: Members of Community Development and Services
My name is Fran DiNuceio and I live at 39 Milton Street in
North Andover. Recently a large strut turn was built ou 105 Middlesex
Street that over loW s my kitchen picture window. My concern is that I
was not informed about this building being constructed since it is
approximately 175 feet from my land line. My other concern is that this
building does not conform with this neighborhood. I would have no
complaints at all if truly a two car garage was to be there. but T feel
this building is a far cry from a two car garage.
Sincer, ,
Fran DiNuccio
39 Milton Street
North Am. ver, *�.A 01345
cc: (Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
William J. Sullivan, Chairman ?B A
William J. Scott, Director CD.&S
v_ vvJ.i iJiv
i".1 v vv V V V J J V J
•tjvv_