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Home My WebLink AboutMiscellaneous - 12 Hodges Street (3) 1 1�oayc5 �� Mls- lab 1k f�• �/LV V• y ` N �f "'vvv j � [ ti 3 // f r, .. � 4 � 1 s '' e I 1 � � �s' 4 � I �� y ( r�''� 3i , � /, � � � � 5 r +( 1 c i W 11 1_ � �` 4 1 RECEIVED ORTN DANIEL I,.UNyG OF a .ao ie 4, AI OFT C .E.t�C• NORrtH AIjDogER O _ p JON SACH11`�� 10 \4qa�C OeSg 01 r6 TOWN OF NORTH ANDOVER Yn 10 MASSACHUSETTS Clerk' BOARD OF APPEALS * Petition #126-88 Robert K. Daigle 7 Hodges St. N. Andover, MA 01845 * DECISION * **************************** The Board of Appeals held a public hearing on April 12, 1988, continued to June 14, 1988 on the application of Robert K. Daigle requesting relief under Section 10.4; as a Party Aggreived, of a decision made by the Building Inspector or other authority. The specific relief sought is to appeal the denial of the occupancy permit by the Building Inspector for a structure located at 7 Hodges Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the 1 bylaw to expand and alter a pre-existing, non-conforming structure located at 1 . 7 Hodges Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Augustine Nickerson, Walter Soule and William Sullivan. The -hearing was advertised in the North Andover Citizen on March 24, 1988 and March 31, 1988, and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon the following Conditions: 1. A Restrictive Covenant be placed on the land owned by the petitioner immediately across the street from the subject building allowing seventeen (17) paved 'parking spaces exclusively for the use of the owner or tenants of 7 Hodges St. and a copy of the Covenant be delivered to Town Counsel for approval and record. 2. Only 1,200 sq. ft of the second floor of the building be allowed for occupancy 3. Plans be revised and submitted to the Board for final approval. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the ByLaw nor will it adversely affect the neighborhood. Dated this 16th day of June, 1988. BOARD OF APPEALS r Frank Selro. Jr/9-P-1 Chairman /awt J dt.::oR;h�� RECEIVED DANIEL 1.NIG ' tags NORTH �.iauuJER 1 i br,- ti'�i :l srsACHUg��f'� �I BIZ ••,.�•� JUN 8 TOWN OF NORTH ANDOVER !l� MASSACHUSETTS C J U •J ►" t �^ u BOARD Of APPEALS NOTICE OF DECISION Robert K. Daigle 7 Hodges Street Dam June 16, 1988 N. Andover, MA 01845 26 88 Petition No?-. . - . . . . . . . . . . . . . . . . Date of Hearing. .June. 14, 1988 Petition of . . .Robert, K. ,Daigle . ... . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . . .7. Hodes.SZ.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for aKXMKFiKiiS.ection 10.4 as a Party Aggrieved of a decision made by the Building Inspector or other authori.t.y... . .The. .s.pecific. .relief. sought.is. .t.o .appeal. .the.denial .of. the. .Qccupanr-y J permit by the Building Inspector for a structure located at 7 Hodges Street and X*YMM.als.o. .reques.ting .a. Spe.cial.Permit .of. Se.ction. 9.,..Raragraph .9.1.of. .the bylaw to expand and alter a pre-existing, non-conforming structure located at .7. .Hodges .St. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . the -Special. •Permit. &• -Party. Aggr.eived. and hereby authorize the Building Inspector to issue lA[X -an-Occugancy- Permit to- Robert•K. Daigle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . abased upon the following conditions: 1. A Restrictive Covenant be placed on the land owned by the petitioner' immediately across the street from the subject building allowing (17) seventeen paved parking _spaces exclusively for the use of the owner or tenants of 7 Hodges St. and a copy of the Covenant be delivered to Town Counsel for approval and record. 2. Only 1,200 sq. ft. of the second Signed floor of the building be allowed for occupancy. 3. Plans be revised and submitted to . . . .Frank. Serio, .Jr..,. Chairman. . . . . . . . . . . the Board for final approval. . . . Augustine. Nickerson,, .Qlerk . . . . . . . . . w.illiam. Suliivan. . . . . . . . . . . . . . . . . . . . Walter. Soule . . . . . . . . . . . . . . . . . . . . . . . Board of np A edla Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE t gORtry i ° +��•° �.1ti March 22,1988 c .f _-i. °4 Notice is hereby given that p the Board of Appeals will-give _ ,t a hearing at the Town p +' Building, North Andover, on Tuesday evening the 12th day {. sa�c►ms> of April, 1988, at 7:30 o'clock, to all parties: th terested in the appeal of Robert Daigle requesting feliefi a under Section 10.4 as a Party Aggrieved of a decision made..: by the Building Inspector or other authority. The specific relief sought is to appeal the denial of an occupancy.permit..,. by the Building Inspector for a structure located at 7 Hodges St.Also requesting a Special Permit of Sec.9,Nr&g.9.1 of the By Law to expand and alter a pre-existing, non- conforming structure'located at 7 Hodges St. By Order of the roard of Appeals ' Frank Serto,Jr.,Chairman Publish in North Andover Citizen March 24 and March 31 1988 53194-5 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ? 'SO , c March 22,1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 12th day' Ss�c►nri of April, 1988, at 7:30 o'clock, to all parties in- terested in the appeal of Robert Daigle requesting relief.' under Section 10.4 as a Party Aggrieved of a derision made by the Building Inspector or other authority. The specific relief sought is to appeal the denial of an occupancy permit -. by the Building Inspector for a structure located at 7 Hodges St.Also requesting a Special Permit of Sec.9,Parag 9.1 of the By Law to expand and alter a prexisting, non- t conforming structure'located at 7 Hodges It. , By Order of the'Board of Appeals Frank Serto,Jr.,Chairman Publish in North Andover Citizen March 24 and March 31, 1988 53194-5 ill be shared department. An electrical shortage triggered the blaze while the Lampros family was visiting relatives. "Other people may learn.from`;what happened," North Andover Fire Chief William Dolan told the Citizen. The program will also feature a film called "Firepower," which films the in- side of a house burning. The film also shows a similar house on fire that has been equipped with a residential sprinkler system. Dolan said the film, on loan from the National• Fire Protection Association, indicates the impact of closed doors and what happens to furnishings. 91 4 yuut� ' •32�tA�Ir••� Q F: 11n�OLT :� t ° S:• 1855 � ACHU9 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . . March .22. . . _ .19. .88 Notice is hereby given that the Board of Appeals.will give a hearing at the Town Building, North Andover,on. Tuesday . . . evening the 12t April of . . April 19. 88 , at.7:39'clock, to all parties interested in the appeal of Robert Daigle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , P1 ection 10.4 as a Party A reived requestin � x of d cision Fade b. the Building Inspector or other y Law so aso permit t authority. The specific relief sought is to appeal the denieI of an occupancy permit 'by the Building Inspector for. a. structure. l.o.cated. at. .7. .Hodges. S.t.. . . . . . . . . . . . . . . Also requesting a Special Permit of Sec. 9, Parag 9.1 of the' Bylavito expand and alter apre=existing, non=conforming structure .located .at .7.Hodges .St.. . . . . . . . . . . . . . . . . . . . . 4�XXltk�tK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of 4ppeals Frank Serio, Jr. , Chairman Publish in the N,A. Citizen on March 24 & March 31, 1988 ' t ` F i Nen'M ECEIVEC . i �•,.. •..��, pAN1EL 1*1b b^ filed F: AMILtn :m C NOR�x Alit) 4OJEFt ' � � the •' iaas .�' , ►. qCH6 the Office of 'ihe l'own TOWN OF NORTH ANDOVER jerk. MASSACHUSETTS. BOARD Of APPEALS NOTICE OF DECISION Robert R & Trustees - Claire Daigle 1521 Great Pond Road Date . . . . .octobe-r •6, •1988 North Andover, .MA 01845 Petition No. 16-89 September13, 1988 Date of Hearing. . . . Otober. 5, 1988 . c . . . . . . . . . . . . . Petition of . . . . . .Robert R & Trustees, Claire Daigle Premises affected .Hodges Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .Section. .7.9. .Paragraph 7.1 7.3 and Table 2, Section 4.130, Paragraph 69 and. Special Permit of Section 9 o£ .the. Zoning.Byl.aws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit 100% residential -use .in. GB .zone. and .relief. from•area,. •side• yard, •rear yard and side/rear yard buffer requirements . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to GRANT . • . • • . the VARIANCE AND SPECIAL PERMIT and hereby authorize the Building Inspector to issue a . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . permit to . Robert-R.- Daigle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1. Three(3) designated units to be used by only elderly as defined by Federal Housing guidelines. 2. Copy of leases be given to the Building Inspector from the petitioner or any future owners of this property, prior to issuance of occupancy permits. 3. No exit or entrance on Morton Street. 4. Landscape all areas around parking Pt��,��,,��xcept for the egress and exit. 5. Revise plans to show either hedges g't`Y'ees and other changes requested and revised plans be received by the Board within 30 days. William Sullivan, Acting Chairman Augustine' Nickerson',' 'Clerk. . . . . . . . . Raymond Vivenzio . Anna O'Connor Louis Rissin . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals NORTH ANDOVER HOUSING AUTHORITY One Morkesk i Meadows P.O. Box 373 North Andover, Massachusetts 01845 (508 ) 682-3932 December 5 , 1989 Mr . James Gordon, Town Manager 120 Main Street North Andover, MA 01845 Dear Jim, I have been asked to write to you regarding the Daigle property on Hodges Street, North Andover. Evidently, some arrangement was made with the zoning board relative to the Daigles keeping three of the units designated as "e Y lderl " in .accordance with Federal Guidelines . The conditions were indeed, that vague. Elderly, according to Federal Guidelines, is 62 years of age , period. The conditions did not specify low-income. The Authority, however, has worked very hard with Claire Daigle to interpret this condition and to lease the property to elderly participants on our Section 8 subsidy programs . We have run into some problems . The Daigles are looking for a rent of $625 . A rent, they say is necessary to make the project work . We are not questioning that . Our Section 8 Certificate program, however, where the tenant is guaranteed to pay only 30% of his income for rent, will pay only $495 .00 per month after the utility allowance is deducted . Our Section 8 voucher program, which allows the tenant to pay the difference between the amount the Authority can pay, and the actual rent, has not worked out to the tenants best interest in two cases . One would have paid 43% of his adjusted income , the other 40% . This repre- sents a good dollar amount in both cases. Needless to say, both tenants opted to rent up elsewhere where one is paying 25% , and the other 26% . C It is our opinion that the Daigles have made a good faith effort to lease the units to "low income elderly" . Without ¢, these two subsidy programs, the Authority cannot assist them, and the subsidy programs just do not work at the existing rent. The rent, as is, does not work for a low income person without a subsidy. A moderate income person could afford it. It is m understanding that to ask the Daigles to. accept a lower rent Y g would create a hardship. The Authority' s programs are successful because we strive to work with our landlords , not to create hardships for them. If there is any further assistance or information that we can offer to you or to the Daigles, to allow them to lease up the building , we would be happy to do so. Please feel free to call me at 682-3932 . Sin erely ours, Ho a R. inic cci, PHM Ex cutive Director HM/ cc: Claire Daigle W+.=veq�«c^,.•-res:�d'4'.'-•"•a'_'e�t P183�"li. -- _. :. �! .�i?aA#:w�:9kCI�w:`P�'9i5'E'-r,.'�a-�.'t,;=P -s`3e:,:.. :'re s:..�..,,;...._,,.,.:_... •-.'vr F NORTH q �9SSncHuS `y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: September 14, 1988 Memo to Robert Nicetta, Bldg. Insp. From: Board of Appeals 1) CONTINENTAL CABLEVISION: Upon motion of Atty. Vivenzio and second by Dr. Rissen, the Board voted unanimously to communicate with you regarding Cablevision' s request for variance to allow satellite dishes , Clay Pit Hill. You area hereby notified that the condition attached to the earlier application (public hearing on Oct . 13, 1987) has been .sat:is- fied and you are authorized to issue ,a building permit for the Clay Pit Hill site. Note : "Condition as per decision dated Oct . 27 , 1987 : access road to be paved and all the conditions of the NACC Order of Conditions be met". 2) R. DAIGLE;4,HODGES—ST.?: Motion made by Atty. Vivenzio to inform you that the Board' s feeling is that they grant authorization to issue a temporary certificate of occupancy to Mr. Daigle for the premises on Bodges St. with the condi-- tion that Mr. Daigle construct a parking area on the lot opposite the existing building on Hodges St. and that ingress and egress will be from May St . ons. Temporary barriers shall be erected to control the parking. The temporary Certificate of Occupancy will expire on June 1, 1989. Motion was seconded by Mr. Soule and vote unanimous . 3) RIZZA PETITION: The Board voted unanimously upon motion of L. Rissen and second by A. Nickerson to GRANT the Special. Permit as requested at 95 Main St. for dental office and restrict the office space to the first floor. The second floor of the former retail space is to be utilized solely for storage: of dental supplies . Revised plans and/or a letter from Dr . Ri.zza deleting any plans for construction on the 2nd floor shall be submitted to the Biilding Inspector . /gb jj� DECLARATION OF RESTRICTIVE COVENANT ROB1`,'R ' K . DAIGLE AND CLAIRE F . DAIGLE, TRUSTEES OF 7 HODGES STKEE'I' REALTY TRUST, U/D/T DATED MARCH 17 , 1987 , AND RECORDED WITH THE ESSEX NORTH REGISTRY OF DEEDS AT, BOOK 2452 , PAGE 215 , BEING OWNERS OP CERTAIN REAL ESTATE 8Z1,TUATED IN ESSEX COUNTY, MASSACHUSI,'TTS , BEING KNOWN AND DESIGN,4T'ED AS 7 HODGES STREET, NORTH ANDOVER, ESSEX COUNTY, MASSACHUSE S, ALL MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS : Parcel #1, beginning at an oak stake at the corner of Hodges and May Streets as shown on a plan of land entitled, "Plan of land in North Andover , Mass . belonginh to S .D. Hinxman, Est . " , dated March 1920, drawn by Horace' Hale Smith, Engineer and recorded at the North Essex Registry of Deeds as Desk Plan No. 373 ; thence running southerly along the westerly line of said Hodges Street to a point 94 feet northerly from an oak stake at the junction of said Hodges Street and Belmont Street ; thence turning and running westerly 50 feet, more or less , in a line parallel to and 10 feet distant southerly from the southerly side of "Blacksmith Shop" , as shown .on said plan, to a point in the dividing line between the lot shown as having an area of 5 , 487 . 65 square feet; thence turning and running northerly along said dividing line 79 . 86 feet as shown on said plan. to an oak stake at said May Street, as so shown; thence turning and running 57 . 72 feet by the southerly side of said May Street, all as shown on said plan, to the point of beginning . Having been granted a special permit by the Town of North Andover Board of Appeals Petition Number 126-88 , for use of said premises , in furtherance of parking conditions therein contained , hereby impose the following parking easement use restriction on premises 12=22 May Street also owned by Robert K. Daigle and Claire F. Daigle Trustees of May Street Realty Trust , u/d/t dated May 17 , 1987 , recorded with the Essex North Registry of Deeds in Book 2452 Page' 224 , described as follows : Parcel 112 - A cei.. tain parcel of land , situated on Hodges Street, so called , near Main Street in said North Andover , the same being lots nu.mbored 4171, 472 and part of lot #70, as shown on plan of lands of Eliza S . Sargent , said plan being recorded in the Essex North District Registry of Deeds , Book 43 , Page 600, to which reference may be had for a more particular description. Containing 10, 100 square feet , more or less . Restrictive covenant to run with the land for the benefit of 7 Hodges Street, and the Town of North Andover designating fifteen ( 15 ) parking spaces as shown on a plan of land entitled "Plan of Land in North Andover , Mass . owner Robert K. Daigle and Claire F. Daigle, Trustees of May Street Realty Trust" dated June 22 , 1988 , drawn by William S . MacLeod , Registered Land Surveyor , and recorded at North Essex Registry of Deeds as Plan No . 11246 . Ro ert K. Da ' igle, Trustee Claire F. Daigle, Truste — - COMMONWEALTH OF MASSACHUSETTS ^ '+ Essex, ss . September 4 1988 Then personally appeared the above named Robert K. Daigle and Claire F . Daigle, Trustees , and acknowledged the ' foregoing instrument to be their free act and deed . o t a r y Public My commission expires : 4;// S 0006L/43 lO HORisiq O OFFICES OF: o °m Town of 120 Main Street APPEALSNorth Andover, NORTH ANDOVER Massachusetts O 1845 13U I LU I NG CONSERVATION SS•CHusDIVISION OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT FCAItI N I.P. NELSON, LAREC1,011 April 8, 1988 Board of Appeals Town Office Building North Andover, MA Re: Daigle/Hodges Street Property Gentlemen and Madam: Upon review of material available in this office, a Certificate of Occupancy was not issued to Mr. Daigle for the following reasons: 1) Violation of Section 8, para. 8.3; Site Plan Review was not submitted prior to construction; 2) Violation of Section 9, para. 9.2 (1) , (2) , (3) . According to records of the Board of Assessors, the original building at 7 Hodges Street had an assessed area of 3,942 GFA. However, the present facility constructed by Mr. Daigle has an assessed area of 5,200 GFA, a. clear violation of para. 9.2 (3) which states that an increase in volume or area shall not exceed twenty-five percent (25%) of the original use. Yours truly, D. Robert Nicetta, Building Department DRN:gb cc: Dir. , DPCD Town Counsel : OFFICES OF: or °°m Town of 120 Main Street •4APPEALsNORTH ANDOVER North Andover, y BUILDING Massachusetts O 1845 ''�esgcHu$.��g CONSERVATION DIVISION OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR April 8, 1988 Board of Appeals Town Office. Building North Andover, MA Re: Daigle/Hodges Street .Property Gentlemen and Madam: Upon review of material available in this office, a Certificate of Occupancy was not issued to Mr. Daigle for the following reasons: 1) Violation of Section 8, para. 8.3; Site Plan Review was not submitted prior to construction; 2) Violation of Section 9, para. 9.2 (1), (2) , (3) . Accordingto records of the Board of Assessors, the original building at 7 Hodges Street had an assessed area of 3,942 GFA. However, the present facility constructed by Mr. Daigle has an assessed area of 5,200 GFA, a clear violation of para. 9.2 (3) which states that an increase in volume or area shall not exceed twenty-five percent (25%) of the original use. Yours truly, D. Robert Nicetta Building Department DRN:gb cc: Dir., DPCD Town Counsel I r j i interrupted by normal entrances or exits and shall not be required , within ten (10) feet of a street lot line: Garaging or off-street parking of an additional two (2) commercial vehicles may be allowed by i Special Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 13. All parking in the Village Commercial District shall occur to the rear of the structures, but not within the required rear yard setback. No off-street parking shall be allowed in . the minimum required front yard or any additional front year provided by the developer . Parking in the front yard in the Village Commercial District is prohibited. Also, no parking shall be allowed in the required side yards. (1987/12) 'i 8 .2 Automobile Service Stations and Other Automotive Services i Automobile service and filling stations, automobile re- pair shops, body shops and painting shops, tire stores, • radiator shops or any of their appurtenances or access- ory uses shall not be erected, placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements ( in addition to district require- ments) : 1. The minimum frontage on a street shall be one hundred and fifty (150) feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) or barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line. ( 8 .3 Site Plan Review 1. Purpose - The site plan review provisions are for the purpose of administering the provisions of this bylaw, to ensure the most advantageous use of all properties, and for the reasonable protection of the legitimate interests of adjoining property owners and n occupants. No building permit shall be issued for the construction of a new building structure, attached building or structure on a single lot, for renovation or expansion purposes or for replacement of an ` existing building or structure requiring more than five (5) parking spaces, until the- Planning Board has s issued a Special Permit. Further , all multi-family development in the Village Residential District shall be subject to Site Plan Review. (1987/28 ,11) only the following uses which require more than five (5) parking spaces, shall be exempted from the { provisions of this section: :.A a. In a Residence 4 (R-4) District converted dwelling which accomodate up to five family units. {# b. In all Residential Districts, existing dwellings with rented rooms. (1987/28) Said plan shall be prepared and stamped by a registered architect and registered engineer and landscape architect, and bearing an endorsement of approval by the Planning Board. Plan to be recorded with decision at the Registry of Deeds. 2. Procedure - The applicant shall submit nine (9) ti copies of the site plan to the Planning Board for } distribution to each appropriate Town board and department for their review and recommendations. The »; Planning Board shall not make a finding and determination upon an application until a public hearing has been held and has received board and department recommendations. 3. Plan Requirements a) Compliance with the requirements for parking and loading spaces for lot size, frontage, yards and heights and coverage of building , and all other provisions of the bylaw; b) Convenience and safety of vehicular and pedestrian movement on the site , and for the location of driveway openings . in relation to street traffic; rip' c) Adequacy as to the arrangement and where not herein specified, the number of parking and f,a ISECTION 9 NON-CONFORMING USES (9 .1 Continuance Any non-conforming building, structure, or use , as defined herein, which lawfully existed at the time of passage of the applicable provision of this or any prior by Law or any amendment thereto may be continued subject to the provisions of this By Law. Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is f!y situated, or except as. may be permitted by a Special 11 Permit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses, i; however , may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing "s non-conforming use to the. neighborhood. ( 9 .2 Alteration or Extension A use or structure housing a use, which does not conform to the regulations of this By Law but which did conform to all applicable regulations when initially established shall not be changed, extended, or enlarged except in accordance with the following provisions: � 1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals. 2. Such change shall be permitted only upon the same lot occupied by the non-conforming use on the date that it became non-conforming. � 3 . Any increase in volume, area, or extent of the non- conforming use shall not exceed an aggregate of more than twenty five percent ((25%) of the original use. 4. No change shall be permitted which tends to lengthen the economic life of the non-conformity longer than a period reasonable for the amortization of the initial investment. NOR TN Of � OV-ACES OF: 0 ,am 'Town of APPEALS - ,':_' NORTH ANDOVER Nc,P►II Al BUILDING ;,'^ai: ',0 �1�tss)cl.iiisc tlstr)t3t�,. . CONSERVATION mm"`"UB`l DIVISION OF . (ti 17)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVE.LOPlVtENi' KAREN I—I.P. NELSON, DIR C"I OR I b . August 17 , 1988 Mr . Robert K. Daigle Daigle Constuction Co. , Inc . 1521 Great Pond Road North Andover , MA 01845 Re: 7 Hodges Street Property Dear Mr . Daigle: In reply to your request of August 5, 1988 , please be advised that this request must be denied at this time for the same reasons as stipulated on copy of letter dated June 27 , 1988, enclosed. Yours truly , D. Robert Nicetta , Building Inspector DRN:gb Enc . (1) cc: Dir. , PCD i 0IzICES OF: �r �^fiTown UC < r �)ni,LIII ;IIrLI . n . AI'I'l-AIS • = :a- NORTH ANDOVER N�)rll) ,vIIIII�I i. B ILDIN(; ;.''•:;:: :`� nt.Is.ti Irl II ERI ( IIti�)I ri.l CONSVATION CS,C"us�1. I)MSI()N OI' (I i I i)1 i){-i:•I 775 HEALTH I'I_ANNING PLANNING & COMMUNITY DEVL'L01 .AI :N'1' KAREN N I LI'. NELSON, DIRECTOR June 21, 1988 Mn: Robert Dazgte 1521 Great Pond Road Norah Andover, MA Re: Pnopuuty at 1 Hodges Street, NoAth AndoveA Dean Mn. Daigt e: Thi,6 v n on .in wr tin that be one I can -us �ha,?.e �er e a�5 at�.b.icat.(. 9, abte to ".sue a CeAfi 6icate 06 Occupancy on 5u.b1ect toem it wilt be nece6Aary {Ior you to compty witft Section 8, paragraph 8. 3 - Site Ptan Review - 06 .the North Andover Zoning By-Law. Youlvs truty, V--ter,_A D: RobeAt Nice tta, Buitd-ing I Ivs pectora DRN:gb cc: ViA. , DPCV RECEIVED THE COHEN LAV OFFICE ATRIUM THE =-- DANIEL LOt4G TOWN C L E R K SHATTUCK OFFICE CENTER NORTH AIIDOVER 138 RIVER ROAD ANDOVER,MA 01810 '} ;' j�7 )• I0A. ; An 17 12 49 PR `0 617/975-6000r � ,�, •: �.. ::J GERALD M.COHEN(Mass.&N.H.) " — ` DANA S.COHEN ROGER A.DuPONT DONNA E.COHEN (Of Counsel) `. August 16. . 1988, Mr : Scott Stocking Town of North Andover Planning Board 120 Main Street North Andover , MA 01845 Re : Hodges Street Dear Mr . Stocking: On behalf of my client , Robert Daigle , I am` wri.ting to withdraw the application for site plan review before the Planning Board for the Hodges Street property (formerly, Giar_dss ) . This request is made in light of our p.r.evious meetings where we reached a compromise proposed plan for the use of the property on the eastern side of Hodges Street (Parcel A) . It is our intention to petition the Board of Appeals to amend the special permit granted (Petition No'. 126-88 ) to incorporate the changes indicated in the compromise plan including parking, variances and special permi•t'. Thank you for your assistance in this matter . Sincerely, Gerald M. Cohen, Esq . 0002F , �'T, M/ D AUG, ,-1 ? FR Ul,}!I.t !y vi., : .r.PT, i e f9nbrrt W. Baigir Cinstrurtiatt Ci..Jtir. (6rurral Lurttrartor 1521 GREAT POND ROAD NORTH ANDOVER,MA 011845. PHONE (617) 682-4948 Robert Daigle, President c67) , August 5 , . 19-88 D, Robert Nicetta j- North Andover Building Inspector �.. _ . 120 Main Street North Andover MA 01845 x°` f II cry acs Mr, Nicetta , I am hereby requesting occupancy permits for. the finished locations )�oon�7Hodges/JStre�et , North A dover , MA, �� ncerely , Robert r K Dai le Daigle Construction Company , Inc. RKD/was OFFICES OF: 03 °m Town of 120 Main Street APPEALS ycrNorth Andover,AAAE BUILDING Massachusetts 01845 CONSERVATION BQACMUgES DIVISION OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TCI: Board of Appeals FROM. Scott A. Stocking ,' "n Planner DATE: June 1 , 1988 RE; Party Aggrieved/Special Permit 7 Hodges Street Staff would recommend that no action be taken on this matter until the site plan for the parking area is reviewed by Town Departments. This request is made in order to insure the proper functioningof the parking lot and the existing road network . P 9 � i j I �.� `ti � � � � �� f � �`� �� _�- -- - �� DOMENIC J. SCALISE ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE (508)682-4153 FAX (508)794-0890 May 1 , 1989 Mr . Robert Nicetta, Building Inspector Town of North Andover Town Hall North Andover , MA 01845 RE : Robert Daigle - Builder Project - May & Morton Streets , North Andover , MA Dear Mr . Nicetta : Concerning the abovecaptioned matter , this letter will confirm that Mrs . Christiansen and I met with you at your office on Thursday, April 27 , 1989 at 11 : 30 a.m. The purpose of the meeting was to discuss the residential building being constructed by Mr . Daigle adjacent to my client ' s house. As you are aware , Mrs . Christiansen became concerned about the height of the Daigle building in relationship to her house, especially after certain specific representations were made by the builder to the North Andover Board of Appeals , regarding the fact that his finished. structure would be lower than my clients . At the meeting last Thursday in your office, you gave my client a copy of an architect ' s drawing (a copy of which is enclosed herewith ) showing the Daigle building with a flat , mansard style roof which allows the builder to maintain the three floor levels but greatly reduce the overall height of the structure. Mrs . Christiansen agrees to withdraw any complaints she has regarding the proposed Daigle building provided that it is constructed in conformity with the plans you. showed us and the height is lower than that of her house. Mrs . Christansen is very grateful to you for the prompt and diligent service your office afforded her from the time this problem initially arose , to date , and is now confident that the Daigle building will be constructed in accordance with the permit . Thanking you for your assistance, I remain :LU w i Very truly yours , MAY f Jap,, BUILDING DEPARTMENT Domenic J. Scalise DJS/cmm 1 Kubert +K. Daigle Tonstructivn (2u., Jnr. (6eneral &ntractor i 58 WATER STREET NORTH ANDOVER, MA 01845 PHONE (508) 682-4948 Robert Daigle, President i r i May 1 , 1989 To. Whom it May Concern: We agree to accept the revisions made to the roofline on the May/Hodges Street apartment building currently under construction and as shown on. attached revised elevation drawing. i Thank you , i I Robert K. Daigle , Trustee i May/Hodges Street Realty Trust r i RKD : cd cc : Atty. H. Schultz j I I I i o IMAr M �r pF t,p RTh qti i? ytt,- n�6 OL r Cif- v r �r9SSHC HU`�E��, TOWN OF NORTH ANDOVER MASSACHUSETTS BOAR® OF APPEALS April 27, 1988 Robert K. Daigle 1521 Great Pond Road North Andover, MA 01845 RE: Petition #126-88 Special Permit - 7 Hodges Street Dear Mr. Daigle: The Board of Appeals held a Special Meeting on Tuesday evening, April 26, 1988 upon your application. The Board finds that they want a detailed plan of the proposed parking lot across the street, plus detailed plans of the curbs, gutters, paving, lining and landscaping of this site. The Board also requires that a Restrictive Covenant be given to Town Counsel, Attorney Peter Shaheen, that enough land be designated as parking for the benefit of 7 Hodges Street, for not less than eighteen (18) vehicles. This petition will be reviewed and a decision made at our regular meeting, Tuesday evening, June 14, 1988, therefore, all of the above material must be received by the Board prior to that date. Thank you for your cooperation in this matter. Sincerely, BOARD OF APPEALS Frank Serio, . L Chairman /awt cc: Attorney Cohen Town Counsel A i OF NORTN ASL *�qS SA C NUSE��y 1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 27, 1988 Robert K. Daigle 1521 Great Pond Road North Andover, MA 01845 RE: Petition 4126-88 Special Permit - 7 Hodges Street Dear Mr. Daigle: The Board of Appeals held a Special Meeting on Tuesday evening, April 26, 1988 upon your application. The Board finds that they want a detailed plan of the proposed parking lot across the street, plus detailed plans of the curbs, gutters, paving, lining and landscaping of this site. The Board also requires that a Restrictive Covenant be given to Town Counsel, Attorney Peter Shaheen, that enough laqLd be designated as park ng forpp the benefit of 7 Hodges Street w This petition will be reviewed and a decision made at our regular meeting, Tuesday evening, June 14, 1988, therefore, all of the above material must be received by the Board prior to that date. Thank you for your cooperation in this matter. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman /awt cc: Attorney Cohen Town Counsel THE COHEN LAW OFFICE SHATTUCK OFFICE PARK 138 RIVER ROAD ANDOVER,MA 01810 617/975-6000 GERALD M.COHEN(Mass.&N.H.) BOSTON OFFICE DANA S.COHEN 130 BOWDOIN STREET ROGER A.DuPONT SUITE 1802 BOSTON,MA 02108 DONNA E.COHEN (Of Counsel) April 20, 1988 Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 Re: Daigle Construction - 7 Hodges Street Dear Members of the Board: I submit this brief history for your review regarding the occupancy of the property located at 7 Hodges Street currently owned by Mr. Robert Daigle. As you know, I appeared before you on April 12 to urge your grant of the relief requested in Mr. Daigle's application. Mr. Daigle had previously applied for a special permit to add apartments to a pre-existing nonconforming building located at 7 Hodges Street. The board denied that application. Mr. Daigle then rebuilt the pre-existing building, according to a duly issued building permit by the then building inspector. In so doing, he YlAi ilv�. ice.VV1Llw W.L KUG. ... '. j-.s 1r C .. ev .'J. �. \.ib:.:1M C!, light of the Board's decision. Indeed, the interior of the building was redesigned so as to preclude such a use. Mr. Daigle remains committed to not using any portion of that building for that purpose. Mr. Daigle was not aware that he needed a special permit to rebuild the pre-existing nonconformity. When his previous application was denied, he relied on the then building inspector's interpretation that he could "rebuild" according to the building permit. Mr. Foster testified to that fact before the Board on April 12 . If in fact another building inspector now interprets the by-law differently, after Mr. Daigle went forward and expended substantial sums of money in reliance upon a previous building inspector's interpretation, we feel it would be inequitable for that subsequent interpretation to operate so as to penalize t tom' Board of Appeals April 20, 1988 Page Two Mr. Daigle for his prior efforts, all of which were exercised in a manner consistent with a properly issued building permit. In order to address the concerns of the Town Planner, as outlined in his memorandum dated March 30, 1988, Mr. Daigle has submitted a plan which provides for parking, sidewalks, curbs and gutters along Hodges and May Street. This solution accomplishes the town's objective with respect to the issues of adequate parking and Public safety. Further, this solution has the overwhelming support of the abutters. Finally, it aleviates a financial hardship for the builder who justifiably relied upon the decision of the governing building inspector. The above constitutes an equitable solution for all parties concerned. It further demonstrates control of the project is clearly in the hands of the Board of Appeals. We therefore respectfully request that you act favorably upon Mr. Daigle's application, attaching such conditions as you deem appropriate and consistent with the above-noted issues and concerns. Sincerely, fr Gerald M. Cohen "�� GMC/dmf Y I v' p OFFICES OF: o ' "' °m Town of 120 Main Street APPEALSNorth Andover, NORTH ANDOVER 13UILDING ;, �•:::,.-.•�,y Massachusetts 0184.E CONSERVATION ss"°"°S�t DIVISION OF (617)6804775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN 1-1.11. NELSON, DIREC"I-OR f'IE NORAPIDIJM r TO: Board of Appeal cf FROM: Scott A. Stoc_king .J'A , Tanner DATE: March "2 C0 . 1998 RE.: Special Permit , Section 9 . 1 7 Hodges Street Histor_ Applicant has eypanded and altered an existing non-conforming building prior to oht:aining a Special Permit from the Board as required by Section 9 . 1. . The applicant appeared before the Board under- a prior application under Section X7 . 1 to place two ( 2) apartments in the second story of the building . The Board denied this application on October 21 , 1986. Staff does not take issue with the fact that the improvements to the structure are an improvement over the condition of the building . What staff does take issue with was that it was done in violation of the Zoning Bylaw , by not obtaining a Special Permit from you prior to construction. Staff has strongly urged the applicant to appear before you in order to resolve the fact that he has not received permission from the Board to do the work completed on the structure. Review Comments Staff ' s concerns with this project are as follows: ( 1 ) lack; of adequate parking (2 ) Lack of sidewalk and landscaping improvements adjacent to the structure ( 3 ) Lack of roadway improvements (curb and gutter construction ) Procedures Should the Board see fit to grant the Special Permits, Staff recommends the following : (A) AdequatE? parking be provided for the proposed uses of the building ( B ) The Board require sidewalks to be constructed along Hodges and May Streets . (C ) The Board require adequate curb and gutter along Hodges and May Streets . In addition, should the applicant utilize adjacent property for parking , staff suggests that the applicant file with the Planning Board under- Section 8. 3 ( Site Plan P,evier, ) upon granting a Special Permit by the Board . O1=r-I<:IsOt=: �. :, , .,, '�•t1�V11 O� 1'I, C\I;,ill �u(•(•t , \I'I'I: \I.ti s J• I ANDOVER IWILI,ING ;'�:^,rj t\t is: ,l�`ilil. tlti�l•I�i..l . (`.()Nti1-IWA"I ION """-'"` I)I\ 1':1()N(W (Ii 1 7)685 4775 IIF'A TI I IILANNING PLA(NNINIR' P, ( ;()1111►1UN1TY 1)I;VGLU.I'11 EWU f;,\I'I .i`' I I.l'. NI:I-�� >N• I ,IIZI:('fOtZ . April '12, 1988 Mr. Robert Daigle 7 Hodges Street North Andover, MA Re: Refusal of Certificate of Occupancy - 7 Hadges Street Dear Sir: At a meeting held at subject site on Narch 15, 1988, I verbally denied the issuance of a Certificate of Occupancy due to the follow- ing violations: 1) violation of Sec . 8, para. 8.3; Site Plan Review was not submitted prior to construction; 2) violation of Sec . 9, para. 9.2 (1) , (2) , and (3).• Very truly yours, D. Robert Nicetta, Building Inspector DRN:gb cc: Gerald Cohen Scott Stocking; Dir. , DPCD nbert W'. '43ttiglr t�nnntrurtinn(9n..Jnr. (6rnrrat Luntrarwr 1521 GREAT POND ROAD NORTH ANDOVER.MA 01845 PHONE (617) 682-4948 Robert Daigle, President April 11 , 1988 To Whom It May Concern : Town Hall- Building Dept. North Andover , Mass. 01845 Re : & Hodges Street , North Andover The designated parking for the above address as defined by zoning at the time the building permit .was issued is as follows : First Floor- Left side office space—1000 sq. ft -3 spaces Middle section— Beauty Salon- 800 sq ft -5 spaces Right side- Office - 266 sq. ft. - 1 space BAHRAWY LAW OFFICES ATTORNEYS AT LAW RAMSEY A. BAHRAWY 55 MAIN STREET P.O. BOX 455 JENS A. BAHRAWY NORTH ANDOVER, MASSACHUSETTS 01845 (617) 682-1141 April 11 , 1988 TO WHOM IT MAY CONCERN: RE: 7 Hodges Street , North Andover , MA. 018 +5 Dear Sir/Madam: Please be advised that as a neighbor of the premises located at 7 Hodges Street , North Andover , Massachusetts , I do not object to the proposed use of the land and building at said address . I have had no conversations with the builder/developer of the said premises relative to his project and the proposed use . However , I have spoken with other neighbors , some of whom are abutters , with respect to this project . It is from them that I learned of the proposed use and the neighborhood dispute . As I have a presentation to make at the Andover Annual Town Meeting , I will be unable to appear before your Board tonight . Please accept this letter in lieu of a personal appearance . Thanking u for the courtesy of your attention , I remain, Ve tru y your , Ra ey A. ahrawy B :ln I ' NORTH L ° NORTH ANDOVER FIRE DEPARTMENT ° CENTRAL FIRE HEADQUARTERS A9 ° °•-'• 124 Main Street 7 A°Ne r 'aPe �j 1SSgcausE�c North Andover, Mass. 01845 WILLIAM V. DOLAN Tel. (617) 686-3812 Chief of Department To: Board of Appeals From: Fire Chief Dolan Date: April 6 , 1988 I am forwarding comments on the following projects which are scheduled for your meeting on April 12, 1988 . Kindercare - Rte 114 & Hillside Road .I have attached a copy of my letter dated January 29, 1988 which was sent to Scott Stocking under the special permit process regarding this proposed Kindercare. Special Permit for Robert Reed I feel there is an inadequate amount of information provided to give your board any recommendations or comments on this plan. More detailed information is needed; particularly how the building will be used for the day care center, the number of children the center will accommodate; this information would be beneficial to US . " Robert Diggle - Hodges Street " rT-he Fire Department is,opposed to granting a special permit re- quested under this application. ' --� -_- - - - - __..".�,`--_'p'"''ter J/J Chief Dolan "SMOKE DETECTORS SAVE LIVES" ' aonTH n OFFICES OF: o? �° Town Of 120 Main Street APPEALS :a ` .� NORTH ANDOVER North Andover, r BUILDING �,'^:i:;e:'�y Massachusetts 0 184 7 CONSERVATION SS4CMU5E4 IAVISION OF (617)685-4775 HEAL'1'H PLANNING PLANNING & COMMUNITY DEVELOPMENT KAI4--N 1 1.1'. N1`,LSO N, I-)IItGC'1-011 MEMU1?nNDUM TO: Board of Appeal FROM: Scott A. Stock ing ,.A600annor DATE: March 20. 1998 RE: Special. Permit , Section 9 . 1 7 Hodges Street History Applicant; has expanded anti paltered an existing non-conforming building prior to obtaining a Specist Permit from the Board as required by Section 9 . 1 . The applicant appeared before the Board under- a prior application under Section ? . 1 to place two (2) apartments in the second story of the building . The Board denied this application on October 21 , 1986. Staff dnps not; take i.<_nu = with the fact that the improvements to the structure are an i.mpvn eme t nver the condition of the building . What staff doer take issue Nith was that it was done in violation of the Zoning Bylaw , by not obtaining a Special Permit from you prior to construction. Staff has strongly urged the applicant to appear before you in order to resolve the fact that he has not received permission from the Board to do the work completed a" the structure. Review Comment Staff ' s concerns with this oro .iect are as follows: ( 1 ) lack of acdequatp parking (2 ) Lack of sidewalk and landscaping improvements adjacent to the structur-E ( 3 ) Lack of , oadwa`; impro'v'ements (curb and .gutter construction ) . - rocedures ' � Should the Board see fit to grant the Special Permits, Staff recommends the following : ' ( A) Adequate park- ii`q be provided for the proposed uses of the building _ ( 8) rhe Board requirP sideualks to be constructed along Hodges af-id May Streets , <C> The Board require adequate curb and gutter along Hodges and May Streets . In addition, shn�ld the app | icant utilize adjacent property for parking , staff suggests that the file with the Planning Board under Section 8, 3 ( Si +eplan Review ) upon granting a Special Permit by the Board . � � ` � � ` � � � � RECEIVED ` Re,ceivod by Town Clerk: . DANIEL.LONG TDWH NOM T Hf P,NftVER MAR Z, 31 '� TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Robert K. Daigle__ __ __Address 1521 Great Pond Road, North Andover 1 . Application is hereby made: TES . 682-4948 a ) For a variance from the requirements ''of Section Paragraph and Table of the Zoning By Laws . In the alternative to 1C� b) For a Special Permit un er Section 9 _Paragraph_g_.j_of the Zoning By Laws . c ) As a Party Aggrieved , for review of a decision made by the Building Inspector or other authority. 2 . a ) Premises affected are land_X and building (s ) X _numbered Hodges _ _` Street . b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of Hodces Street , and known as No. — ____ Street . c ) ' Premises affected are in Zoning District GB _, and the premises affected have an area of 118-05-square feet and frontage of 105 feet . 3 . Ownership a ) Name and address of owner ( if joint ownership, give all names ) : Hodq. s_Street Realty Trust,_Robert K=_Da;gle & Claire Daigle , Date of Purchase _ 86 _Previous Owner Forbes Realty Trust b) If applicant is not owner , check his/her interest in the premises : _Prospective Purchaser Lesee Other (explain) 4a Size of _proposed building:' __ front; feet deep; f " Height 2 stories ; ee_t . a ) Approximate date of erection: _1987 b ) Occupancy or use of each floor : Business c ) Type of construction: wood frame 5 . Size of existing building: _ _ _feet front ;_ feet deep; Height 1k stories ; feet . a ) Approximate date of erection:_ 50 years ago b) . Occupancy or use of each floor : c ) Type of construction: wood frame 6 . flas there been a previous appeal , under zoning , on these premises? no If so, when? 7;, Description of relief sought on this petition I'• seek to appeal the denial of the occupancy permit and in the alternative to..•;obtain a special permit fo. the legal use and occupancy of the structure: 8. Deed recorded in the Registry of Deeds in Book ':-1270 Page 772 Land Court Certificate No. Book Page Orb r; The principal points upon which I base ,my application are as follows : (must be stated in detail ) At present the Property has bee renovated by apt jcai�` and grpat IV Pi nhAnnca. the neighborhood, Applicant having acted' in reliance uponithe issurance of a huildirif .permit in, good faith; has changed hisL),osition havin -•made substantial e4pen itu: and shall su er substantial hardship if the relief is. denied and has a right to Use Or Me leg ion of"pr`emises.` I agree to pay the filing fee , advertising newspap r, and incidental expenses* Signature o Petitio er e ) Every application for action by the Board shad be made on a form approved by the Board . These forms shall be furnished by the Clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time -as it is . made on the official application form . All information called for by the form shall be furnished by the applicant in the manner �herein,;:prescribed . Every-application shall be submitted with a list of • "Parties In Interest" • which list shall include .the petitioner , , abutters , owners of land directly opposite on any public or private street or way, and abutters to the abutters ,within ' three hundred feet ( 300 ' ) of the property line of the petitioner as they appear _ on the most recent applicable tax list , - notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, • and the Planning Board of . ; every abutting city or town . *Every application shall be submitted with an application charge cost in the amount of $25 . 00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the. Board . '.. ,.' Such- costs shall include inailin , but are not necessarily,. 9 and publication, Y; •.,.. limited to these . Every application shall be submi.tted with a plan of land approved by the Board . No petition will be brought before the Board unless said plan has been submitted . Copies of the Board ' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request . LIST OF PARTIES IN INTEREST Name' Address �ederick W. and Dorothy Spicer - 20 Hodges Street 1�awrence- F. and Christine Allen - 3 -Belmont Street A-I�arles J. and Christine F. Faro - 5 Belmont Street' ,�-Villiam P. and Theresa N. cardello - 32 May Street -'M-ental Health & Retardation Services, Inc. , - 37 Cedar Street, Lawrence ✓Forbes Realty Trust 401 Andover Street Joseph & Dorothy Giard - 419 Johnson Street 13 f 2 ' ,.. Y_2 (use additional sheets if '' necessary ) • f k-i _ i Tiv rj-ij_,¢ S�✓l�r�sG �Df'2r,-,, '--D�.- sic j__�.+yy �'J, t'. THE COHEN LAW OFFICE SHATTUCK OFFICE PARK 138 RIVER ROAD ANDOVER,MA 01810 617/975-6000 GERALD M.COHEN(Mass.&N.H.) BOSTON OFFICE DANA S.COHEN 130'BOWDOIN STREET ROGER A.DuPONT SUITE 1802 BOSTON,MA 0.2108 DONNA E.COHEN .IIS (Of Counsel) March 41 1988 . Mr. Scott Stocking Town Planner Town Hall 120 Main Street North Andover, MA. 01845 i i Dear Mr. Stocking: Regarding your letter to Robert Daigle dated February 29 ,. . 1988 regarding Hodges Street. i I would like to advise that the petition filed with the Board of Appeals was filed for the purpose of expanding the "area" of a prexisting nonconforming building. That is, the request was to add a second floor above a prexisting first floor. Other than that request there was no need to file with the Board of Appeals. for anything. The reason I am of this opinion is because the prexisting nonconforming building did not comprise a prexisting nonconforming use, as you will see it outlined in your Zoning By Laws, Paragraph 9 . 2 . This use regulation as it is titled applies for example to a hotel that may be in a residential zone but was built before the By Laws, that would be a prexisting nonconforming use or, a residence that was built before By Laws changed the zone to industrial, therefore, that house would be a prexisting nonconforming use as a residence. The use of this property as proposed by Mr. Daigle is all allowed under the geheral business zone in which he is located, therefore, he is not a nonconforming use. What we are seeking at this point in time is an occupancy permit for legally a] lowed uses in a prexisting building in which } the area and/or the setbacks are not being increased. I VfD MAR 0 4 1�f1�3 `Mr. Scott Stocking March 4 , 1988 Town Planner *1 120 Main Street North Andover, MA 01845 Page Two I know this is a legal technicality and I believe your reference. to the need to go before the Planning Board based upon Mass. General Laws Ch.40A, •Sec. 16 is not necessary. What I would' like to do rather than proceed in any formal hearings, is request a meeting between yourself, Karen Nelson, the Building Inspector, . Town Counsel and/or Town Manager. This may be an unusual request but I would like to remind you that Mr. Daigle proceeded upon an issued building permit by the prior Building Inspector. I don't believe it would be appropriate for you to say that you have a great deal of difficulty in why he continued construction once you understand the background on this development. In the final analysis, we have a building which is near completion under an issued building permit by your town and that was based upon the interpretation of the then Building Inspector, Mr. Charles Foster. Mr. Foster' s interpretation that ,the building area wa-s not,. being expanded and did not require any appeals process, was based on the fact that the new area being built, for a permitted use second floor, that did not exist before would require a special permit from the Board of Appeals, so that he issued the building permit for the prexisting foundation and building with the caveat that in order for Mr. Daigle to occupy second . floor new area (which the plan called for 4 apartments) would require that special permit. Failing that special permit that Daigle could not use that second floor and it would be merely a raised. roof or attic area and could not be occupied. I am paraphrasing Mr. Daigle' s understanding of that discussion as well as, my discussion with Mr. Foster which I held recently. In light of this kind of background I think it would be inequitable to refuse some accomodation to Mr. Daigle at this point. I would very much appreciate this meeting .as soon as possible; so that we can resolve the matter if at all possible in a reasonable way or, if necessary to go before whatever board we conclude should hear the matter. Very truly yours, , 1 o. Gerald M. Cohen GMC:dmo cc: Karen Nelson - Planning & Community Development !Robert Nicetta = Building Inspector Robert Daigle (Daigle p 9, 10) I , �Rtabrrt iK. Bawir Urowntrurtiall1�n..+lttr. l6rttrral l utttrartnr 1521 GREAT POND ROAD NORTH ANDOVER,MA 01845 PHONE (617) 682-4948 Robert Daigle, President February 1.8 , 1988 f Karen H. P. Nelson Director of Planning & Community Development 120 Main Street North Andover , MA 01845 Re : Hodges Street/ Daigle Construction Co. /2nd floor construction Dear Ms. Nelson : Our intention is not to use the second floor right hand sp.ace on 7 Hodges Street , North Andover before the proper permits are issued. Sincerely , Ra ert K. Daig e . Daigle Construction Co. , In . RKD/was mL$1I ao. APPLICATION FOR PERMIT TO BUILD NORTH ANDOVER, MASS. PAGE I IIAF' NO• I LOT NO. j Z RECORD OF OWNERStitP IDATE BOOK 'PAGE ZONE SUB DIV. LOT NO." LbGATJOJV d— PURPOSE OF BUILDING r "OWNER'S NAME NO. OF STORIES u v SIZE ( ` --C,, OWNER'S ADDRESS _ IrG/ OJ 113ASEMENT OR SLAB ARCHITECT'S.NAME BUILDER'S NAME S)ZE.OF FLOOR TIMBERS IST ^X1 2Np 3RD - - SPAN ( a~ -DISTANCE TO NEAREST BUILDINGDIMENSIONS OF StLLS" 6ISTANCE FROM STREET POSTS � �/ � / c// ISTniVCE FROM LOT-LINES—SIDES 1�I 'REAR ,,(7� GIRDERS �cr ` CI G AREA OF LOT O -�1,E-cy� 'F. � FRONTAGE_JS HEIGHT'OF FOUNDATION - /1,_/k THICKNESS IS BUILDING NEW - f'Q�_ - ..f SIZE,OF FOOTING // (bb X 'IS BUILDING wD0)T10N r" - l MATER.AL OF CHIMNEY IS-BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND C WILL BUILDING CONFORM TO REQUIREMENTS OF CODE IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION. IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE INSTRUCTIONS 3 PROPERTY INFORMATION iSEE BOTH SIDES - � _, n � � � ^� SND COST , (may (1Y EST. BLDG. PAGE I FILL OUT SECTIONS i - 3 EST. BLDG. COST PER`R 114. FT. PAGE 2 FILL OUT SECTIONS 1 - 12 A /I / , �(,Q� ,� IEST. BLDG. COST PER ROOM ELECTRIC METERS MUST BE ON OUTSIDE OF BUILDING SEPTIC PERMIT NO. 4 APPROVED BY ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND APPROVED BY BUIL NG INSPECTOR DATE Fl D BOARD OF HEALTH SIGNATURE F WNER R AUTHORIZED GENT *3 - F E E �'��. 0"U PERMIT GRANTED PLANNING BOARD 1 BOARD OF BELECTMEN BUILDING INBPELTOR tAORT -own oT e .6. O Andover K , M. e�' SSS. COCKICKE WICK RMITT BOARD OF HEALTH LD b- THIS CERTIFIES THAT....A01.ty..... .... .....Tieia. :............... Y . Rupild ,Y . BUILDING INSPECTOR has permission to erect t. ... .. ...........: in�s on .. .... .... .. .4j......T.rz,t. .Rough _ to be occupied as..---- .� L� .�.....it.�� ; Chimney y C m e �. .................... Final provided that the person accepting this permit shall in every respect conform to the terms of the application on file in PLUMBING INSPECTOR this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Rough Buildings in the Town of North Andover. Final VIOLATION of the Zoning or Building Regulations Voids this Permit. PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR Rough UNLESS CONSTRUCTION STARTS Service .... ....... ...�. ...... Final BUILDING INSPE •OR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Final Display in a Conspicuous. Place on the Premises `-fIRE DEPT. Do Not Remove Burner No Lathing to Be Done Until Inspected and Approved by Smoke Det. Building Inspector _ P" V b r K Ma Mm COCtiiC..Ew'C. �1' 1 C i ORA R s,� E r BOARD OF HEALTH THIS CERTIFIES THAT....��..`�!!'.�,4l V's ......Real. .... ........no has permission to erec z .&4s r AX y..... buildings on ��' I RougBUILDING INSPECTOR . .. .. .4&y... ',.. .. to be occupied as.. � Q °' � w -. .�.0 ..+ h - . .. �... ge ...fid: .I.�(....�.��................ Chimney Final provided that the person accepting this permit shall in every respect conform to the terms of the application on file in this -- office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of PLUMBING INSPECTOR Buildings in the Town of North Andover. Rough VIOLATION of the�'Zoning or Building Regulations Voids this Permit. Final PERMIT EXPIRES IN 6 MONTHS ELECTRI CAL INSPECTOR UNLESS _CONSTRUCTIO STARTS R°ugh _. Service Final BUILDING INSPE •R Occupancy Permit Required to Occu Buildin GAS INSPECTOR py g Rough Display in a Conspicuous Place on the Premises Final Remove ,, r Do Not Remove FIRE,DEPT. a No Lathing to Be Done Until lns Burner p cted and Approved by . Building Inspector Smoke Det. " ,NORrti q (-)FFICES OF: Town of 12O Main Street APP1 ALs NORTH ANDOVER North Andover. 131.111ANPRY ;,'°::,;: ,9Massachusetts 01845 CONSERVATION sS"OH"Ss DIVISR)N OF (617)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIREC"I-OR February 29 , 1;88 Mr . Robert Daigle 1521 Great Pond Road North Andover , MA 01845 Re: 1 7 Hodges Street Dear Mr . Daigle: Upon review of the Board of Appeal. files, I have found that your structure located at the above address was denied under a Special Permit application submitted September 25 , 1906 . The Board denied your- application ourapplication on October 22, 1996 . Based upon this new information you will be unable to obtain a certificate of occupancy for the structure located at 7 Hodges Street until you meet the requirements of the Town ' s Zoning Bylaw . In order- to meet the requirements of the Bylaw you must now file a Repetitive Petition to the Planning Board as required in M.G.L . Chapter 40A, Section 16 , and Section ion of the North Andover Zoning Bylaw , since your original application falls into the two (2 ) year filing prohibition as stated in Section 10.55. I have a great deal of difficulty in why you continued construction on the structure after ,you were denied permission to expand the structure . If you have any questions regarding this matter please give me a call . Sincerely , Scott A. Stocki.n ,AICP Town Planner- cc : lannercc : Building Inspection Board of Appeals Karen Nelson e Py Town tflerk: Qi:!Vr t1 DAWl' TOWN OF NORTH ANDOVER, 54A4$ACUI;'1'T� BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant`— RobDaile --_-- —_—_Address 15? 1 Great Pond Road , 14orth Andover 1 . Application is hereby made : a ) For a variance from 'the requirements of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section q_Paragraph YJ of the Zoning Qy Laws . — c ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a ) Premises affected are land X and building (s ) X _numbered Hodges _ Street . b) • Premises affected are property with frontage on the North ( ) South (x ) East ( ) West ( ) side of Hodges St . Str.ect , and known as No. ��,�� — Street . c ) Premises affected are in Zoning DistrictC; __, and the pr.emises affected have an area. of flY6J square feet and frontage of —feet . 3 . Ownership a ) Name and address of owner ( if joint ownership, give all names ) : Forbes Realty Trust ( Thomas Laudani & Jay Philbi.n ) Uate of Purchase 5 / 7/85 Previous Owner Mr .-TGiard & Mra _.J (;; ard b) If applicant is not owner , check his/her interest in the premises : X Prospective Purchaser — Lesee --_Other (explain) 44 Size of prop6scd building:__--front ; ---_feet deep; ' Eicig}�t 2 stories ; ---_feet . a ) Approximate date of erection: When ermit isgranted b ) Occupancy or use of each floor : first floor- business-1 second floor- two; apartments . c ) Type ' of construction: ' Wood—frame ---- 5 . Size of exi.sti•ng��building: _____feet front ; —feet deep; lici ght 1 •stories ; feet . a ) Approximate date of erection: 50 years ago b) Occupanc� br use of each floor : yaQa Lt__aJt__.P_ ent; , lot* 1 110.1 10,110 W1lllr If 'tl(1`• G , i1a= ♦_`. n.n ��... p rne�•/�r�'15 3^C^_3? , L1rI�nC zonin-g, on these premises? t i 7 . Description of relief sought on this petition___j_'seek a special perinj.t to changes the irregular roof' pitch to conform to standard _ enhancing• the a gable roof pitch , ppearance of the builditi and allowir�• the occupancy of apartments upstairs . — 8. .Deed recorded in the Registry of Deeds in Book127p page 2 Land Court Certificate No. Book 7-�- - --_Page The principal points upon which I base my application are as follows : (must be stated in detail ) , At present_ this property is vacant a_nd in e_xtremel_delapitated condition , I would _ rehabilitate this Droperty into a colotiial structure which would beautify the neighborhood -- I agree to pay the filing fee, advertising in newspaper , and incidental expenses* 011 . Signature of Pe t E�oncr Cs j ---- � Every a . plicat- ior► for action by the Board shall be made on a form approved by the Board . These forms shall be furnished by the Clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the officiaL appLicat-.ion •form . All information called for by the form shall be furnishcd 'by the applicant in the manner therein prescrilaed . Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner , abutters , owners of land directly Opposite on any public or private street or way, and abutters to the a.buttcrs witMn three hundred feet ( 300 ' ) of the property line of the Petitioner as, they appear on the most recent applicable tax list , notwithstanding that the land ofany such owner is located in another city cr town, the Planning Board of the city or town, and the Planning Board of every abutting city or town . "Cvcry application shall be submitted with an application charge cost- in :he amount of $25 . 00. In addition, the petitioner shall be responsible or any and aLl_ costs involved in bringing the petition before the Board . Such costs shall .include mailing and publication, but are not, necessarily _imited to those . ;very application shall be submitted with, a plan of land approved by the 3oard . No petition will be brought before the Board unless said plan has )eon submitted . Copies of the Board ' s requirements regarding plans arc ttachcd hereto or are available from the Board of. Appeals upon request . LIST OF PARTIES IN INTEREST Name Address n n iL�.cte.�c Ct"i% � . � .(SAO--L�� • o P p n p p • )2107 deo '.jJ C6 _1(�.L �. L U (use additional sheets if necessary) OFFICES OF: o °m Town Of 120 Mnin Street APPEALS 1: North Andover, . NORTH ANDOVER lit JI DING ;�''^•"'a:' `1� Mi1SsilChliSCtiS O 1847, CONSERVATION SSA HUG t DIVISION OF (6 17)685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Building Inspection FROM: Scott A. Stocking ,,.TPlanner DATE: February 23, 1988 RE: Mr . Robert Daigle, 7 Hodges Street Upon my discussion with Mr . Daigle and Karen Nelson regarding the above cited subject , please be advised I have made the following finding : 1 . The existing building was granted a Building Permit to expand a non-conforming structure in 1985 without obtaining a Special Permit by the Board of Appeals . Based upon the finding cited above, the existing structure should not be issued a Certificate of Occupancy until Mr . Daigle receives a Special Permit to expand a non-conforming structure from the Board of Appeals . Please notify me if you concur with my determination. cc : Karen Nelson Board of Appeals 11brr# K Baigle Cimitrur#iun Chu.,Jnr. (6rupral Lviitrarwr 1521 GREAT POND ROAD NORTH ANDOVER,MA 01845 PHONE (617) 682-4948 Robert Daigle, President February 18 , 1988 Karen H. P. Nelson Director of Planning & Community Development 120 Main Street North Andover , MA 01845 Re : Hodges Street/ Daigle Construction Ca. /2nd floor construction Dear Ms. Nelson : Our intention is not to use the second floor right hand space on 7 Hodges Street , North Andover before the proper permits are issued. Sincerely , Ro ert K. Doig e Daigle Construction Co. , jIn . RKD/was s NORTH 3d O� O ,A t+aF r rr* Lbw,.....<. . SACNUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ® /(� -Ac1 Dater Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit for the following: r Filing Fee $ Postage $ Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street , North Andover , Mass . 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk 1 t ct � a rm 9,R3n Z y 4j Z AIN C-0p'� y 2,809 vq. 0� �7 4,600 2,SR4 'l� O 40 33 38 39 10,100 1q Q q� lr, � zq "LS °80 1 z 000 sr t'�T �o, 69 , 121' 3,812 6,008 41, y a5 cf>� HODGES Ory 11,859 4,240 rar sz' °°r14l Ns 7g 94- STREET, 4,805 15 log- q-4 4� 7 13 6.40 c 6,431 Ag, 'fie q6 403 1629 29 50 s� v.J% � rn y 12 5 000 7,139 g D„ m Ha 4,000 �1 11 Ota 5652 y +CO�� .t°j Cb" �3 q8 y p 11 50 H 2"1 30 52 � z Zl "- 4,000 _ 5,000 - ,� 0 10 26 IoAOo y Y y 117 s8 �3 110-111° e 50p0 10.000 O 53 ,e 9 4j4 25 31 ry' 8,lD00 � 5,00 $ - ''r9 60 a9,4'14 sf �,e4 5.000 10,000 10.000 4 1�xf 9 t6,, 19 -li o 24. 54 " 6,400 5000 C� $ a 5,00 32 'a 6? 8 20 g 9,500 55 � 5000 5 23 aoo Ti 6 89p0 6,000 'IS 56 14,304 133so 7923 28,400 Ia,200 7 1 6,613 .� 2 5,094 a 22 9,401 6% 66 7,107 6 8,650 11 X62 i 3,62 10,788 SCALE-80 FEET=1 INCH SEE PLAT NO. 13 ISCAL 002 M S DRA 10:�04 FRANK S.GILES,P.L.S. ppTRI�T ST. MEASUREMENTS ARE SCALED ONLY NOT FOR SURVEY PURPOSE.