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.Legal Notice
TOWN'p
N(PATH ANbOVER
BOARD OF APPEALS
NOTICE,
f r10RTH
O
L
O A
CHUS� -
November 22,1983
Notice is hereby given that the
BOARD OF APPEALS will hold a
public hearing on Monday even-
ing, December 12,1983 at 7:30
p.m.in the Town Office Meeting
Room with all parties interested
in the application of MARK S.
CROTTY requesting a review of a
decision made by the Building
Inspector and revocation of a
building permit issued for land
on the West side of Court Street
and known as 15 Court Street.
Per Order of the Board of Ap-
;peals.
By:Frank Serio,Jr._
Chairman
Publish N.A.Citizen:November
A'23 and December �1,
1983 - - a18.824
NORTN
O S
F
♦ i ;.41 �
,SSACNUS�t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
November 22 , 1983
Notice' is hereby given that the BOARD OF APPEALS will hold a
public hearing .on Monday evening , December 12 , 1983 at 7 : 30 p .m .
in the Town Office Meeting Room with all parties interested in
the application of MARK S . CROTTY requesting a review of a
decision made by the Building Inspector and revocation of a
building permit issued for land on the West side of Court Street
and known as 15 Court Street .
Per Order of the Board of Appeals
By : Frank Serio , . Jr . , Chairman
Publish : Citizen : November 23 and December 1 , 1983
Send bill to : Mark Crotty
7 Court St .
No . Andover , Mass .
yi..
�r.. oRTEy\4}
c
?C �c�r^A�T•'��;r any appe-al s!-,ail t3 t
- - 3• L r .J
0: �APAIL7Te`�• Wlti ;n L0� C��)'S
\ ', 1855 date of fi`'n- of i;iis
>;`kc in the Office of the i^ .n
L ,
�`� i-4 € 3 � iG TOWN OF NORTH ANDOVER Clerk.
MASSACHL-c:-t,,-f TS
OF A;'; Y!A S
140 ICE OF DECISION
February 8, 1.9
Date . . . . . . . . . . . . . . . . . . . . . .84. . . . . .
Petition No.. . . .7 9-.1.8 3. . . . . . . . . . .
Date of Hearing. .December 12, 1983
Petition of . . . . . . . . . .].1A.RK. .S CROTTY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . . . .T-and at. .15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reie.ring to the above petition fora &U r.eview. .of. .a
de.cisJon .i;1ade .by. .tiie Buil ding . Inspect-.or. .and .tn.e .rc_vocat_i.on. .of. .a
building. permit .issued, for, an. addition. .to. .an. .existing. . .
(Iwe1 Ii:lig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a pull-Ilic hearing given on the above date, the Board of Appeals voted to . . . Deny . . . the
1De t i ti on eFG :g'rr. lar td L?3: 1Ca.73�13 Gid:? r 5�� i 7�i 4CS &3txe�d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prank Sc-.rioI Jr_ . , Cha firman.
T_lfr d Friz.,r.11e , Esq... , . Vice, . C :. '
Ric.iard. J. . Tre.pan.i.er.,. . Esq. ,. . Clerk
Wi11 ` im. J. . Sullivan. . . . .
Augustine - W. ,,.ickerson. . .
Board of Appea!s
Any► "shall be filad
n�a
act
vIiLhin (20) d, af�er e
o? •' _ °» sic' Of
P_
in the 0 ;1_� (I Lhe i c.,vn
i{ l t U V ��ss�cNus!t
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF
February 8, 1984
Mr. . Daniel Long, Town Clerk Mark S . Crotty
Town Office Building Land at 15 Court Street
North Andover, Mass . Petition No. 79- ' 83
Dear Mr. Long:
The Board of Appeals held a ),lblic hearing on December_ 12, 1983
upon the application of Nary S . Crotty. -i'le hearing was adver-
tised in the North Andover Citizen on rove.-ber 23 and December
1, 1983 and all abutters were notified by regular nail . The
following members were pr.esr nt and voting: Frank Serio, Jr . ,
Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; Richard J.
Trepanier, Esq. , Clerk; Willian J. Sullivan; ;�.nd A-agustine W.
Nickerson.
The petitioner seeks a review of a decision Made by the Building
Inspector and the revocation of a building permit issued for
a new dweI_li.ng for land on the West side of Court Street known
as 15 Court Street .
Mr. Crotty testified that he is an abutter to a neva dwelling on
Court Si-reet which he believes is a separate structure to an
,xi.sting d,,.,ell i ng, r.ven tl-cuah thev are connect,-d by a garage.
I;-' ':''I_i .ves tliat _bra two buildings 1:)n C .iP_ lot, 14hlcl"1 is
3 vi,,)1 ,iv , on of t'-:e Zorth '�.iUov �r Zt_)Hing By T - ;�.
A or cion of t.')i s �Oak cel of l and i .�s il.e s_,,—' -(--t of Petition 1:0.
50- ' 83 by Mr . Ricl''.a cd T,e'Cari_e %,•hen a s,_'tb-ick var l ince to al l Cw
the cons .rlici_ ion of a s7 z3l-e fF :n 41yT.9 's d .niad by t'-ii s
=,_)„rd . ;^3 ' and : n 1,-i _ )'li.vi. s ..y '✓." r' ._ "tCe in
1:JS :V 1`1,-r 7 JL - Jt'� _r, - il ) t.C? T
var i &_i'_e al.lc ed 7i13 of '.Cts . Grie It--)t costa' ns
irs . Letirte ' s dwall-ing, one ccntains 14r . Crotty' s dwelling,
and the third 1_ot itias the subject of Petition No. 50- ' 83 .
The lot which was the of i'e'r.i i.' �n No. 50- ' 33 and t'ze
lot contsini.ng .yrs . i:are jt)i,f.d to form Lhe
lot which is the sul) ',ect of fhis h, •3Yin_g.
Mark S . Crotty
Land at 15 Court Street
Petition No. 79- ' 83
February 8, 1984
Page 2
FEB
The Board took the petition under advisement and rendered a
decision at a Special Meeting held on Thursday evening,
February 2, 1984 with 'Members Serio, Frizalle, Trepanier,
Sullivan, and Nickerson again present and voting.
Upon a motion made by Mr . Frizelle and seconded by Mr .
Trepanier, the Board voted .four to one, with Members
Serio, Frizel-le, Trepanier, and Nickerson voting in favor
and Member Sullivan abstaining, that the Building Inspector
properly interpreted the Zoning By Law under the provisions
of the By Law. Specifically, a two-family dwelling is an
allowed use in the Residential-4 (R-4) zoning district.
Further, the definitions of a building in Section 2. 26 and
a Dwelling, Two-family in Section 2 .34 are broad and the
building in question falls within this broad definition,
since it is or will be, pursuant to the building permit,
connected by a foundation.
The Board further finds that a certified plan by Cyr
Engineering shows that the building meets the frontage
and setback requirements of the Zoning By La:,j and for those
reasons, the Building Inspector ' s decision was proper and
is upheld.
Sincerely,
BOARD OF APPEALS
Franc Serio, Jr . , V
Chairman
jw
O� NOR7M
? �t. ao•a 1'r
Received by Town •Clerk :
Date : �/ �� TOWN OF NORTH ANDOVER MASSACHUSETTS
BOARD OF APPEALS .�•^"�
5�� 5E<
Notice : This application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant ",42/<- S, C20 7- Address
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 Paragraph of the
Zoning By-Laws .
( c) As a party aggrieved , for review of a decision made by the Building
0
Inspector or other authority .
2 . ( a) Premises affected are land X and building(s ) x numbered
71+,e I ZA" oN Co V47- Street .
( b ) Premises affected are property with frontage on the North ( )
South ( ) East ( ) West ( } side of 6vU> z
Street , and known as No . _ /y- duolgi"- Street .
( c) Premises affected are in Zoning District and the premises
affected have an area of square feet and frontage of
feet .
3. Ownership
(a) game and address of owner ( if joint ownership , give all names ) :
Date of purchase ; Previous- Owner,
( b) If applicant is not owner , check his interest in the premises :
Prospective Purchaser Lesee Other ( explain )
4 . Size of proposed building : front ; feet deep ;
Height : stories ; feet.
( a ) Approximate date of erection :
( b) Occupancy or use of each floor :
(c ) Type of construction :
5 . Size of existing building : feet front ; feet deep ;
Height : stories ; feet .
(a ) Approximate date of erection :
( b ) Occupancy or use of each floor :
(c) Type of construction :
6 . Has there been a previus appeal , nder zoning , on these premises? _ Y-941, —
I f s o , when? IF6 S z Pj/ / r; �"fv—f 3)
7 . Description of relief sought on this petition
8. Deed recorded in the Registry of Deeds in Book Page or
Land"Court Certificate No . BO0.0k Page
MORTIS
O�
O 9
F
Ms ��
Ss CH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
TO All applicants and, Parties in Interest
FROM Board of Appeals
SUBJECT : Board of Appeals Meeting - January, 1984
DATE January 12 , 1984
The January 16 , 1.984 Board of Appeals meeting has been re-scheduled
for Monday evening , January 30 , 1984 at 7 : 30 p . m , in the Town Office
Meeting Room due to the holiday .
The nc-lo ed leg - notice reflect-s _ hi-s c ange— The apologizes
fog any i co eni-ence his ch ge may - have a
PERMIT NO. l_S APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE 1
MAP NO. I LOT NO. 2 RECORD OF OWNERSHIP DATE BOOK (PAGE —
ZONE SUB DIV. LOT NO. «[Z—
LOCATION cPURPOSE OF BUILDINGART 4,d",
dQ,:' '-`f I sc
OWNER'S NAME I �-'- NO. OF STORIES SIZE �.--- ('
JAJ S. _ �- . L :-o-Yer cd CL:..,,f. t
OWNER'S ADDRESS BASEMENT OR SLAB /� C
ARCHITECT'S NAME [ e i" SIZE OF FLOOR TIMBERS ISTJ t r� 2ND Gj Ir'�U- 3RD
BUILDER'S NAME SPAN
DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS
DISTANCE FROM STREETj C i{.- " POSTS
DISTANCE FROM LOT LINES - SIDES f REAR 16C r GIRDERS /U
AREA OF LOT ' % ^ -7 FRONTAGE �y I HEIGHT OF FOUNDATION G C/ THICKNESS !G r
IS BUILDING NEW SIZE OF FOOTING lC' 1 X /y '/
IS BUILDING ADDITION MATERIAL OF CHIMNEY C
IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND
WILL BUILDING CONFORM TO REQUIREMENTS OF CODE \/�1, IS BUILDING CONNECTED TO TOWN WATER
BOARD OF APPEALS ACTION, IF ANY IS BUILDING CONNECTED TO TOWN SEWER r ��.✓
IS BUILDING CONNECTED TO NATURAL GAS LINE
INSTRUCTIONS 3 PROPERTY INFORMATION
LAND COST
SEE BOTH SIDES4
EST. BLDG. COST O/
a/
PAGE 1 FILL OUT SECTIONS 1 - 3
EST. BLDG. COST PER SQ. FT.
EST. BLDG. COST PER ROOM
PAGE 2 FILL OUT SECTIONS 1 - 12 - -
SEPTIC PERMIT NO.
ELECTRIC METERS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY
ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS
PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR I
DATE FILE 17 �V '3
BOARD OF HEALTH
SIGNATURE OF OWNER OR AUTHO ZED AGENT
F E E J6� C� lit Vii+
PLANNING BOARD l
PERMIT GRANTED
19
BOARD OF SELECTMEN
BUILDING INSPECTOR
`i
1 S'KoT-C& w r'ticY Add c"T`!a To
L�Z'a► Te 1JLue/( /A�y
NORTH ANDOVER BUILDING DEPARTMENT Of NORTH,
120 MAIN STREET 3? .�`����•����o�
NORTH ANDOVER, MA 01845 p p
Q o+GC.► � O ,4
1SS/1CHUSfct
INSPECTOR OF BUILDINGS TEL. 888-8102
ELECTRICAL INSPECTOR
GAS INSPECTOR November 30, 1983
Mr. & Mrs. Mark S. Crotty and others
7 Court Street
North Andover, Ma.
Dear Sirs and Others:
In answer to your letter of November 24, 1983, I
do not agree with you that Mr. R. Letarte is in violation of
the Zoning By Law. Mr. Letarte has been issued a building
permit for an addition to his mother's home based on the fact
that a two family home is an allowed use for the area. There
is no violation of the area and the frontage requirements and
the proposed addition meets the required setbacks. Mr. Letarte
has had the two lots combined by deed, thereby eliminating the
interior lot line. Surveyor's plans are in existence to show
that all the necessary requirements are being met.
It has been a long standing policy of those of us
involved with zoning, that two dwelling units could be placed
on a lot in a Residential 4 District so long as they were attached
in some manner. In fact, some designs for two family homes show
the two dwelling units with garages between.
In conclusion, I do not consider that Mr. Letarte has
violated the Zoning By Law in any way and the building permit
remains in effect.
Very truly yours,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS and
ZONING OFFICER
CHF:of
Copy to: Board of Appeals
Mr. Richard Letarte
Other concerned parties as signed
MAGSACHUS£TTS QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 881
jt--3 �
$� coo
ALICE M. LETARTE m
of NORTH ANDOVER ESSEX County,Massachusetts,
being unmarried, for consideration paid, and in full.:onsideration of ONE DOLLAR AND N0/100
($1.00) PLUS OTHER GOOD AND VALUABLE CONSIDERATIONS
grants to ALICE M. LETARTE and RICHARD W. LETARTE, AS TENANTS IN
COMMON
of NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS W'd' 1a111trlulnl rnupnunts
the land in NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS
[Description and encumbrances,if any]
The land . in North Andover together with the buildings thereon,
bounded and described as follows:
EASTERLY by Court Street, one hundred fifty-eight
(158.00) feet;
SOUTHERLY by land now or formerly of Heathcott and
.� other land now or formerly of Fink, in
O0 several courses a total of two hundred
O seven and 35/100 (207 .35) feet;
WESTERLY by Osgood Street, one hundred (100 .00)
feet; and
1.-7 NORTHERLY by Lot C one hundred thirty-two (132.00)
Q) feet.
0
b
Q Meaning and intending to convey both Lots A and B on a plan of land
entitled "Subdivision and Acceptance Plan, Alice M. Letarte" dated
January 1965, and recorded in the North Essex Registry of Deeds as
z Plan No. 5221. ' Said lots containing 21,637 square feet, more or
less.
Being the same premises conveyed to the Grantor and her late
husband, by the deed of Anthony T. E. Elmendorf by instrument dated
:3 June 15, 1955 and recorded in the North Essex Registry of Deeds Book
O nl Parc. 47
u7
Wi211ros our hand and seal this 31st day of .October...........................19.83,._...
....................
.......................................................................... ............Al'ice'1VT. 'L'etaite. ...............................
.......................................................................... ...............
.......................................................................... .................
Mlle TOMM11"Wral14 of filulloar4lis ttfl
Essex ss. October 31, 1983
Then personally appeared the above named Alice: M. Letarte
and acknowledged the foregoing instrument to be her free act and deed before me
........................................................................................................
Notary Public—Justice of the Peace
My comrnission expires December 29, 19 89
(*Individual— Joint Tenants—Tenants in Common.)
CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969
Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee
and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered
for a specific monetary stun.The full consideration shall mean the total price for the conveyance without deduction for any liens or
encumbrances assumed by the grantee or remaining thereon. All such endorsements and recittals shall be recordrd as part of the deal.
Failure to comply with this section shall not affect the validity of any deed. No register of d shall accept a deed for recording unless
it is in compliance with the requirements of this section.
Ldp P
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nvember ::14. 198:7, O�
Mr. t:hAr:l {•rias Foster
>=.+_.li. l. ding Inspector-
Town of llc)r'th Andc)v(-.�r. M,'?
Dear" Mr".. Foster:
+i-de. the undersigned, bel. j.eve that the bUi. 1.di.nda now under-
C:dJnfml:l"l_lc:'t1dJl'1 by Mr. R. Letarte at 1:5 (-_,t:lur"f' Street :i,_:' :irl yiOlaatTC)d
f the town' s Zoning By-Laws. A bc..li.11ding of this nature
I(ec)dd-EEs:i d:: dome or garrison of .i_'. 500 to 39000 e:>cil_eaard? fdaaal. �
constitutes a new, independent and separate building on a. Iot
already containing a large single dwel .l i nc l and is, -therefore nett
permitted without a special. permit from the Zoning Board of
Fap1JE?a:l sas.
The addition of this bui :l di nda it. not consistent with 'the
intent of the Zoning By-Laws to preserve the value of land and
building!,; and -to prevent 'the (:)v(=r' cr'ovid:i riga of land.
In. addition 4
additiono 'there arca two technical violations of the Zoning By-
Laws. Fi rs:;'t, the bu i 1 di nci under c:darlstrut_ti orl vi ol::lt.esr, the reizJr
setback requirements. Even ti-lough the Letarte Family owns the
recir :l o't . the two lots must be legally merged :in order to c_o(Ilp*t y
.h�i.th the Zoning By-Law=s. Second, the plot plan submitted for
lYlr . Letarte s two prior building promo sail s included :'S -to 7"'
f e e t of land along Court Street that i.s not shown in his deed at
the Req.i s:itry. Thai w di sc:repancy
has never been adedtUa't:l
s•>:pl.ai.ned.
if the land actt..dal. ly ergsists, its ownership is in question.
fhe 1 ,and :in question could belong to Mr. Lcatarte, arty one of th
abutters--,. or none of us. This i.SSUe must be resolved before
r1d:'tual finetbar_'1<:ss can be deterdili nerd.
Fina 1.1v. there are two ProcedUl'-al. violations on -the Part of ihe
11d_t:i :l i n Inspector' s Off i ce. There is no accurate iJ:l dJt ,_,1
.In ow i.nq =.settbacks on record i.n the office. Also, there? have been
11 C) f i vial bt_ti I di n o l ans on since 't1"le meccJrid:l vjd=e (:)•f:
October. I)l..iring the last six weeks major modi.fi.cati.ons have bean
dnade, i 1-1(::.l l.ddi ng the proposed c_danstrd_td:t i on of El a(-2fad:Ie1SI c: (JOIdiE3
v,,i.'thui..it Ql.aans being submitted.
SIE.' r-eClt..lest that YOU correct 'thes:e viol.atti.onsa as scion az possible.
e.
ti'saI"1d:d?I"11 YOc_drS.
The Underssi caned.
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