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HomeMy WebLinkAboutMiscellaneous - 155 WATER STREET 4/30/2018 (2)6 LEGAL NOTICE TOWNOFN Fc,"ASSACViUTS VER gOor AR NOTICE EALS 1989 May 17, Nei that the Board 01 AP Anda err Town Building. North at Notice is hereby 9 of June 1989, gNe a hearing at the the 13th day in the on Tuesdayeveni .�11 Papies interestein 3d Bial o'clock, t J Ouellette requo the Zoniin9 BY 7:30 a,122114) lamitY aPPeal of Alc Para. a two- . Permit of Sec 4. it converti a9jellin9 on the Law so as Io perm tour family Street. dwelling into f° 157 Water located at 155- BY The OrdeeOs ` premises, The Board Aero Jr. 1 Frank S „ man LEGAL NOTICE j { TOWN OF NORTH ANDOVER 'j 4 MASSACHUSETTS BOARD OF APPEALS NOTICE: ,t, '0 w •; " ` r > May 17:1989 Notice is hereby g that the Board of ApPBOIe will one a hearing at the (he t13thllding day of Jane 1999eat on Tues �ay evenm9 7:30 o'clock; to all parties interested 'in the appeal of Albert ?a0uellte22e1requesting4the ZoningBial y Permit of Sec 4, a two-tamily Law so as to permit converting dwelling into a lour family dwelling do the premises, located at 155-157 Water By The Order C The Board Appeal Frank Serio. J Chairma J a - 1L TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS xnmrt"W ... May. 17... ...... 19..89 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Tuesday ....evening ..... the ..1.3thdaY of ...... June ........ 19..89, at 7: 3M'clock, to all parties interested in the appeal of --- Albert J. -Ouellette ............................. 2 i requesting a o �..�,. -para.--4.12�14Qf the Zoning By Law so as to permit ................. .................. converting -a two-family- dwelling- into a . . . 4 -family dwelling ............................................. on the premises, located at. -155-1.57 Water. St... - - ...... 27,3 7-8 I S` i iN"G, I F L 0 0 -8-7 27 3 1 17 - 3" J !s + �� � � u �,> 0 s 2-a x-60- Lt �► n►� UL�I Y k1T. C L. NEW DOO 3-0' x co -S d' 4 P �1 4 r ul �I 33-0 o *- ATTEST 4-�7�7 FILED IN C R PQ AS. Q PCOMMONWEALTH OF MASSACHUSETTS n Su erior Court Department Essex, ss Albert Ouellette et -al * * * Frank Serio,. Jr., Raymond Vivenzo, Walter Soule, Ann O'Connor, and Louis Rissen as they are members of the - Zoning Board of North Andover * * * * * * * * * * * * * * *_* p Civil Action No. 1801of 1989 4 U-� i Qe J410004 Now comes the Plaintiff, Albert J. Ouellette, and moves.. this Court, pursuant to Rule 56.of the Mass. R. Civ. P. to enter a Summary Judgment in the Plaintiff's favor on the ground that there is no genuine issue as to.any material fact and the Plaintiff is entitled to judgment'as a matter of law. The grounds upon which this motion is based are as follows: 1. In dismissing the Plaintiff, Albert J. Ouellette, from the meeting of the,Zoning Board of Appeals, saying that - the matter was "taken under advisement", the board violated Mass. G.L. C.39 s. 23B by effectively precluding the Plain- tiff from observing any discussion and.vote by the board; 2. The board violated Mass. G.L. C.39, s..23B by fail- ing to make public a record of the meeting within a reason- able time following the meeting. ESSEX, SS. { bl ALBERT J. OUELLETTE, ET AL Plaintiffs V. COMMONWEALTH OF MASSACHUSETTS �Q�U 0 SUPERIOR COURT CIVIL ACTION NO. 1801 FRANK.SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN /'AK4 14 N96 O'CONNOR, AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE CL , lL, /ltilL: r GZ ZONING BOARD OF NORTH ANDOVER, Defendants`" C ALBERT J. OUELLETTE, ET AL S _Plaintiffs o � V. 'A CIVIL A TION N0. 1802 FRANK SERIO, JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR, AND LOUIS RISSEN 9 AS THEY ARE MEMBERS OF THE X✓ ZONING BOARD OF NORTH ANDOVER, Defendants ' DEFENDANT'S OPPOSITION TO PLAINTIFFA' MOTION FOR SUMMARY JUDGMENT AND DEFENDAN 'S _. J MOTION, PURSUANT TO RULE 56C, FOR. ENTRY OF SUMMARY JUDGMENT FOR DEFENDANT. The defendant, Board of Appeals.of the Town of North Andover (the "Board"),. hereby opposes plaintiffs' Motion.for Summary Judgment for the reason that plaintiffs' have failed to establish as a matter of law.that they are entitled to -the relief requested. I o. T COMMONWEALTH OF MASSACHUSETTS --� Department of the Trial Court Essex, ss. Superior Court 89-1801 Albert J. Ouellette Donna Ouellette and Henry B. Judge. v Frank Serio, Jr., et als JUDGMENT This action came on for hearing before the court,.Ronan, J., presiding, and the issues having been duly heard and findings having been duly rendered, It is Ordered and Adjudged: that the decision of the Zoning Board of the Town of North Andover, be and hereby is annulled. The Clerk -Magistrate of the Court is directed to mail an attested copy of this judgm ent within thirty (30) days from the date hereof, to the Town Clerk, Building Inspector and the Zoning Board of Appeals, respectively of the Town of North Andovei Dated at Salem, Massachusetts, this 16th day of March, 1990. PO A E CO 1' 22ST Assistant Clerk 1� COMMONWEALTH OF MASSACHUSETTS Department of the Trial Court Essex, ss. Superior Court No. 89-1802 Albert J. Ouellette v Frank Serio, Jr., et als JUDGMENT- This UDGMENT-This action came on for hearing before the court, Ronan, J., presiding, and the issues having been duly heard and findings s having been duly rendered, It is Ordered and Adjudged: that the decision of the Zoning Board of the Town of North Andover, be and hereby is annulled. The.Clerk-Magistrate of the Court is directed to mail an attested copy of thisjudgment within thirty (30) days from the z date hereof, to the Town Clerk, Building Inspector and the Zoning Board.of Appeals, respectively of.the Town of North Andove�. Dated at Salem, Massachusetts, this 16th day of March, 1990. i KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G. PAIGE ELIZABETH A. LANE (617) 451-0750 JOYCE FRANK FAX 451-1863 JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON ' GEORGE M. MATTHEWS JAMES A. DYREK EVERETT J. MARDER - JANE M.O'MALLEY KAREN V. KELLY COLLEEN B. WALKER SONDRA M. KORMAN March 15, 1990 ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS Zoning Board of Appeals North Andover Town Hall 120 Main Street ..r North Andover, MA 01845 Re: Albert L'. Oullette v. Frank Serio, Jr., et al. tt Fcccv CYi cri nr (`rniri- r fA NT n QQ-1 Q(11 1 Q(17 Dear Members of the Zoning Board of Appeals: I appeared in Salem Superior Court on March 14, 1990 to argue against the plaintiff's motion for summary judgment in the above action. At the same time, I moved that summary judgment be granted to the Town. Judge Ronan took the matter under advisement. Enclosed are copies of the documents filed with the court: Defendant's Opposition and Motion for Summary Judgment, Defendant's Memorandum in Support of same, and the Affidavit of Frank Serio, Jr. I shall notify you as soon as I receive a decision in this case. Very truly yours, Jb.P,B. Bard JBB/na enc. cc: Board of Selectmen S ESSEX, SS. COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT ALBERT J. OUELLETTE, ET AL Plaintiffs V. CIVIL ACTION NO. 1801 FRANK SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR, AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE ZONING BOARD OF NORTH ANDOVER, Defendants ALBERT J. OUELLETTE, ET AL Plaintiffs V. CIVIL ACTION NO. 1802 FRANK SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR, AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE ZONING BOARD OF NORTH ANDOVER, Defendants DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S MOTION, PURSUANT TO RULE 56C, FOR ENTRY OF SUMMARY JUDGMENT FOR DEFENDANT. The defendant, Board of Appeals of the Town of North Andover (the "Board"), hereby opposes plaintiffs' Motion for Summary Judgment for the reason that plaintiffs' have failed to establish as a matter of law that they are entitled to the relief requested. Because the Board's decision denying plaintiffs' application for a special permit was proper and not made arbitrarily or capriciously, summary judgment should enter in favor of the Board. In support of its opposition and request for summary judgment, the defendant relies on the memorandum of law filed together herewith. F, BOARD OF APPEALS TOWN OF NORTH ANDOVER By its attorneys, A-2� , J el B. Bard (BBO# 029140) Ch yl A. Banks (BBO# 550751) Kopelman and Paige, P.C. TOWN COUNSEL 77 Franklin Street Boston, MA 02110 (617) 451-0750 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT ALBERT J. OUELLETTE, ET AL Plaintiffs V. CIVIL ACTION NO. 1801 FRANK SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR, AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE ZONING BOARD OF NORTH ANDOVER, Defendants ALBERT J. OUELLETTE, ET AL Plaintiffs V. CIVIL ACTION NO. 1802 FRANK SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR, AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE ZONING BOARD OF NORTH ANDOVER, Defendants DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF DEFENDANT'S MOTION PURSUANT TO RULE 56C, FOR ENTRY OF SUMMARY JUDGMENT FOR DEFENDANT. INTRODUCTION In this action, plaintiffs Albert J. Ouellette, et al. ("Ouellette") appeal a decision of the defendant Board of Appeals of the Town of North Andover (the "Board") denying their application for a special permit. Ouellette originally sought a special permit to convert a two-family residence into a four - family residence. The plaintiffs' challenge to the decision of the Board allege that the decision exceeded the Board's authority and was made arbitrarily and capriciously. Plaintiffs have now moved for summary judgment claiming that the Board violated the requirements of G.L. c.40A, §9 by failing to file a detailed record of its proceedings relative to the plaintiffs' application for a special permit. The plaintiffs further claim that the vote taken by the Board at the public hearing violated the provisions of the Open Meeting Law, G.L. c.39, §23B. As more fully set forth below, plaintiffs' motion for summary judgment should be denied because plaintiffs have failed to establish that they are entitled to judgment as a matter of law. Rather, Ouellette's proposed conversion failed to meet the prerequisites entitling him to a special permit. The record shows that the grant of the requested special permit would adversely affect the neighborhood and derogate from the intent and purpose of the Town of North Andover Zoning Bylaw (the "zoning bylaw"). In particular, the plaintiffs' proposal did not meet the requirements of the zoning bylaw of the Town that the minimum of two parking spaces be provided for every residential unit. Thus, for the foregoing reasons, the Board acted properly in denying the plaintiffs' application for a special permit, and if summary judgment is to enter in this action for any party, it should enter in favor of the defendant Board of Appeals. 2 STATEMENT OF FACTS Plaintiff Ouellette owns a two-family residential structure located at 155-157 Water Street in the Town of North Andover (the "site"). Plaintiff's Complaint Paragraph 2. For the zoning purposes, the site is located in a Residential R-4 District. On or about May 17, 1989, Ouellette filed an application for a special permit under Section 4.112(14) of the zoning bylaw to convert the two-family dwelling into a four -family dwelling. Plaintiff's Affidavit Paragraph 3. On June 13, 1989, the Board, at a duly noticed public meeting, held a hearing, at which Ouellette appeared. Plaintiff's Complaint Paragraph 5. Later, at the same meeting, the Board voted unanimously to deny the application for a special permit. Plaintiff's Exhibit "B". During the public hearing, the Board heard Ouellette's evidence in support of his application for a special permit. Defendant's Affidavit Paragraph 6. The Board ended the hearing on this matter and informed Ouellette that the application would be taken under advisement. Defendant's Affidavit Paragraph 7. The Board then proceeded with the other matters on its agenda, including public hearings on other applications. Defendant's Affidavit Paragraph 8. The Board then held a "deliberative" session during which the Board discussed several pending applications. Defendant's Affidavit Paragraph 9. Prior to the end of the meeting, the Board voted on the matters which had been before it that evening, including Ouellette's application for a 3 special permit. Defendant's Affidavit Paragraph 10. Two days after the public hearing, on June 15, 1989, the Board filed a detailed record of the proceedings with the Town Clerk indicating the unanimous vote by the Board to deny the special permit and setting forth the reasons for its decision. Defendant's Affidavit Paragraph 11. ARGUMENT I. PLAINTIFFS ARE NOT ENTITLED AS A MATTER OF LAW TO THE RELIEF REQUESTED. A. Summary Judgment Should Be Denied Because The Plaintiffs Have Failed To Establish As A Matter Of Law That The Board Of Appeals Failed To File A Detailed Record Of The Proceedings With The Town Clerk. The Board of Appeals, as the special permit granting authority, is required to make a detailed record of its proceedings. G.L. c.40A, §9. Section 9 provides in pertinent part: The special permit granting authority shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within fourteen days in the office of the city or town clerk and shall be deemed a public record... On June 15, 1989, the Board filed with the Town Clerk a detailed record of the proceedings held on June 13, 1989 concerning Ouellette's application for a special permit (copy attached, Exhibit "A"). The detailed record entitled "Board of Appeals Decision" and dated June 15, 1989 clearly satisfied the requirements of G.L. c.40A, §9. The record indicates that the Board held a public hearing on 4 the application of Albert J. Ouellette requesting a special permit under Section 4.122(14) of the zoning bylaw to convert a two-family dwelling into a four -family dwelling. The record also indicates that all five board members were present and voting, that the hearing was properly advertised and noticed, and that all five members voted to deny the application. Lastly, the record includes the grounds for denial of the special permit. The plaintiffs claim that the Board's failure to file the minutes of the meeting held on June 13, 1989 with the Town Clerk within fourteen days violates the requirements of G.L. c.40A, §15. There is no statutory requirement that a board file minutes of its meetings with the Town Clerk. Accordingly, the decision of the Board filed with the Town Clerk two days after the public hearing satisfies the detailed -record requirement of G.L. c.40A, §§9, 15. B. Summary Judgment Should Be Denied Because Plaintiffs Have Failed To Establish As A Matter Of Law That The Board Of Appeals Failed To Compile And Maintain An Accurate Record Of The Public Hearing. The Open Meeting Law, G.L. c.39, §23B, requires that "a governmental body shall maintain accurate records of its meeting, setting forth the date, time, place, members present or absent and action taken at each meeting, including executive sessions." These records are public records and must be made available to the public, G.L. c.39, §23B. There is, however, no statutory time period in which the Board is required to prepare and make available the minutes of its meetings. Following the public hearing held on June 13, 1989, the 5 Board caused to be made the minutes of the meeting. These minutes accurately reflect that a public hearing was held at 7:35 p.m. on June 13, 1989 at which all five members were present and voted unanimously to deny Ouellette's application for a special permit. These minutes, as are all meeting minutes of the Board, are held in the normal course of business at the town office of the Board of Appeals and are made readily available to the public. Therefore, the Board complied with G.L. c.39, §23B by preparing an accurate record of the Ouellette hearing and making the minutes available to the public. part: C. Summary Judgment Should Be Denied Because Plaintiffs Have Failed To Show As A Matter Of Law That The Vote Taken By The Board At The Public Hearing Violated The Open Meeting Law, G.L. C.39, §23B. The Open Meeting Law, G.L. c.39, §23B, provides in pertinent All meetings of a governmental body shall be open to the public and any person shall be permitted to attend any meeting except as otherwise provided by this action. The meeting held by the Board on June 13, 1989 was attended by Ouellette. The Board heard evidence presented by Ouellette in support of his application for a special permit. The Board informed Ouellette that it would take the matter under advisement. At this time, the Board addressed the remaining matters on the agenda for that evening. G.L. c.39, §23B provides that "No quorum of a governmental body shall meet in private for the purpose of dealing or deliberating toward a decision on any matter except as provided by this section." The Board's deliberation and vote at a later D stage in the meeting, rather than immediately following Ouellette's testimony, did not violate the open meeting requirements of G.L. c.39, §23B. Ouellette was free to remain present at the meeting to watch the Board deliberate and vote on his application. Ouellette's application for a special permit was treated by the Board in the same fashion as the Board treats all applications of this kind. For all the above reasons, the plaintiffs Motion for Summary Judgment should be denied. II. SUMMARY JUDGMENT SHOULD ENTER FOR THE DEFENDANT. A. The Board's Decision Denying A Special Permit Was Not Arbitrary, Capricious Or Unreasonable And Should Be Affirmed. The Board's decision denying the special permit was based upon the fact that the criteria for the grant of a special permit were not satisfied. Specifically, the Board determined that the plaintiff's proposal would not provide the requisite number of parking spaces under Section 8.1 of the zoning bylaw. The conversion of plaintiffs' two-family dwelling into a four -family dwelling would require eight parking spaces. Plaintiffs' proposal failed to satisfy this requirement. The Board also found that the grant of the special permit would adversely affect the neighborhood and derogate from the intent purpose of the zoning bylaw. Clearly, the Board based this finding on the facts presented by the plaintiffs and in accordance with the special permit criteria set forth in Section 7 10.3 of the zoning bylaw. The Board's power in denying a special permit is discretionary. Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 294 (1972). No one has an absolute right to such a permit, Humble Oil & Refining Co. v. Board of Appeals of Amherst, 360 Mass. 604, 605 (1971). The Board, in the proper exercise of its discretion, is free to deny a special permit even if the facts show that such a permit could be lawfully granted. Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277- 278 (1969). Pioneer Home Sponsors, Inc. v. Board of Appeals of Northampton, 1 Mass. App. Ct. 830 (1973). (The court ruled that in acting on applications for special permits for multi -family dwellings the Board is not limited to the consideration of factors such as off-street parking spaces). A decision of a Board of Appeals may be annulled or otherwise disturbed only if the reviewing court determines, on the facts it finds, that the Board's decision exceeded its authority. This statutory standard has been interpreted to mean that, in the case of denials of special permits or variances, the discretion of the Board must not have been exercised arbitrarily. Its decision may only be disturbed if it is unreasonable, whimsical, capricious, arbitrary or based upon legally untenable grounds. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555 (1954); Mahoney v. Board of Appeals of Winchester, 344 Mass. 598 (1963); Copley v. Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973). 8 The reviewing court, may not substitute its judgment for that of the Board of Appeals so that if reasonable minds may differ on the conclusion to be drawn from the evidence, the Board's conclusion will not be disturbed. Copley, supra, Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148 (1977), Garvey v. Board of Appeals of Amherst, 9 Mass. App. Ct. 856 (1980). The burden of proof rests upon the person seeking a special permit to produce evidence that the statutory prerequisites have been met and that the special permit is justified. Warren v. Zoning Board of Appeals of Amherst, 383 Mass. 1, 10 (1981). The burden of proof is on persons seeking to convince the court that the Board of Appeals exceeded its authority. Strand v. Planning Board of Sudbury, 7 Mass. App. Ct. 935, 936 (1979). CONCLUSION For all of the foregoing reasons, the defendant Board of. Appeals respectfully requests that this court deny plaintiffs' Motion for Summary Judgment and grant summary judgment in favor of the defendant under Rule 56(c) Mass. R. Civ. P. ZONING BOARD OF APPEALS FOR THE TOWN OF NORTH ANDOVER By its attorneys, J`el B. Bard (BBO# 029140) Ch yl A. Banks (BBO# 550751) Kopelman and Paige, P.C. TOWN COUNSEL 77 Franklin Street Boston, MA 02110 (617) 451-0750 E COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT ALBERT J. OUELLETTE, ET AL Plaintiffs V. CIVIL ACTION NO. 1801 FRANK SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR'AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE ZONING BOARD OF NORTH ANDOVER, Defendants ALBERT J. OUELLETTE, ET AL Plaintiffs CIVIL ACTION NO. 1802 FRANK SERIO,. JR., RAYMOND VIVENZO, WALTER SOULE, ANN O'CONNOR, AND LOUIS RISSEN AS THEY ARE MEMBERS OF THE ZONING BOARD OF NORTH ANDOVER, Defendants AFFIDAVIT OF FRANK SERIO, JR. I, Frank Serio, Jr., of North Andover, Massachusetts on oath depose and say: 1. That I am the Chairman of the Zoning Board of Appeals in the Town of North Andover, Massachusetts. 2. I have been Chairman of the Zoning Board of Appeals since 1975. 3. I have been a member of the Zoning Board of Appeals since 1972. 4. As Chairman of the Zoning Board of Appeals I have the responsibility of presiding over all matters that come before the Board. 5. I have personal knowledge of the facts stated herein. 6. On June 13, 1989 the Board held a duly notice public hearing at which it heard testimony from Albert Ouellette in support of his application for a special permit to convert a two- family dwelling located at 155-157 Water Street into a four - family dwelling. 7. At the close of this hearing, the Board informed Mr. Ouellette that his application would be taken under advisement. 8. The Board then proceeded to hear other matters on its agenda for that same evening, including public hearings on other applications. 9. The Board then held a deliberative session during which the Board discussed several pending applications. 10. Prior to the close of the June 13, 1989 meeting, the Board voted on the matters which had been before it. that evening; including Mr. Ouellette's application for a special permit. 11. Two days after the public hearing, on June 15, 1989, the Board filed a detailed record of the proceeding with the Town Clerk indicating the unanimous vote by the Board to deny the special permit and setting forth the reasons for its decision. 2 12. The Board denied the application for a special permit for the reasons that the granting of the permit would adversely affect the neighborhood and derogate from the intent and purpose of the Town's Zoning Bylaw. 13. The Board also denied the application for a special permit on the grounds that Ouellette's proposed conversion failed to satisfy the provisions of Section 8.1 of the zoning bylaw requiring two off-street parking spaces for each dwelling unit. SIGNED UNDER THE PAINS AND PENALTIES OF PEJURY THIS —�fi DAY OF MARCH, 1990. 3 j Frank—Ser'/o, Jr. / - / F CERTIFICATE OF SERVICE I, Joel B. Bard, hereby certify that on March 12, 1990, I served a copy of the Affidavit of Frank Serio, Jr., as well as a copy of the Defendant's Opposition to Plaintiffs' Motion for Summary Judgment and Defendant's Motion, pursuant to Rule 56C, for Entry of Summary Judgment for Defendant, by mailing a copy via overnight mail, postage prepaid, to the following counsel of record: Patricia A. Dowling 59 Jackson Street Lawrence, MA 01840 r, J 1 Bard Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Albert J. Ouellette v. Frank Serio, Jr., et al Essex Superior Court C.A. No. 89-1802 Dear Members of the Zoning Board of Appeals: (617) 451-0750 FAX 451-1863 As you may recall, the plaintiff, Albert Ouellette, brought the above -entitled action appealing the Board's decision, dated June 15, 1989, denying an application for a special permit. Mr. Ouellette sought a special permit under Section 4.122(4) of the zoning bylaws to convert a two-family dwelling located at 155- 157 Water Street into a four -family dwelling. As stated in your decision, the Board found that the C`F)1?�Tcrc�-nn of the property i^tnc a fn,..'.r-fami 7.' dwebl l i T.rr wool d adversely affect the neighborhood and derogate from the intent and purpose of the zoning bylaw. Mr. Ouellette alleges, however, that the Board failed to consider the current status of the neighborhood. Mr. Ouellette also alleges that the Board failed to conduct its deliberations and vote in public in violation of the Open Meeting Law. The case has been scheduled for trial on February 12, 1990. I cannot predict whether or not the trial will be held on that day, but I must assume that it will. I will appreciate the Board's assistance in my preparation for the trial. I could either meet with the Board or discuss this case on the telephone with a member of the Board. 0' , 3 KOPELMAN AND PAIGE, P.C. t ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN BOSTON, MASSACHUSETTS 02110 DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON GEORGE M. MATTHEWS JAMES A. DYREK EVERETT J. MARDER JANE M. O'MALLEY KAREN V. KELLY COLLEEN B. WALKER SONDRA M. KORMAN - ANNE -MARIE M. HYLAND January 25, 1990 RICHARD BOWEN CHERYL ANN BANKS Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Albert J. Ouellette v. Frank Serio, Jr., et al Essex Superior Court C.A. No. 89-1802 Dear Members of the Zoning Board of Appeals: (617) 451-0750 FAX 451-1863 As you may recall, the plaintiff, Albert Ouellette, brought the above -entitled action appealing the Board's decision, dated June 15, 1989, denying an application for a special permit. Mr. Ouellette sought a special permit under Section 4.122(4) of the zoning bylaws to convert a two-family dwelling located at 155- 157 Water Street into a four -family dwelling. As stated in your decision, the Board found that the C`F)1?�Tcrc�-nn of the property i^tnc a fn,..'.r-fami 7.' dwebl l i T.rr wool d adversely affect the neighborhood and derogate from the intent and purpose of the zoning bylaw. Mr. Ouellette alleges, however, that the Board failed to consider the current status of the neighborhood. Mr. Ouellette also alleges that the Board failed to conduct its deliberations and vote in public in violation of the Open Meeting Law. The case has been scheduled for trial on February 12, 1990. I cannot predict whether or not the trial will be held on that day, but I must assume that it will. I will appreciate the Board's assistance in my preparation for the trial. I could either meet with the Board or discuss this case on the telephone with a member of the Board. IA"j KOPELMAN AND PAIGE, P. C. Zoning Board of Appeals January 25, 1990 Page 2. I look forward to hearing from you in the near future. JBB/CAB/kac cc: Board of Selectmen Very truly yours, J- el �B.Ba:trd r 4d 4 a� * * Albert J. Ouellette ** 155 Water St. * N. Andover, MA 01845 * * ************************ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #: 64-89 DECISION be x �;ete �' pijice 0' th e in the Cierk' The Board of Appeals held a public hearing on Tuesday evening, June 13, 1989 upon the application of Albert J. Ouellette requesting a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaw so as to permit converting a two-family dwelling into a 4 -family dwelling on the premises located at 155-157 Water Street. The following members were present and voting: Frank Serio, Jr., Chairman, Raymond Vivenzio, Acting Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover -Citizen on May 25, 1989 and June 1, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit as requested. The Board finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that granting this Special Permit would adversely affect the neighborhood and derogate from the intent and purpose of the Zoning Bylaw. Dated this 15th day of June, 1989. BOARD OF APPEALS Fra c Serio, Jr. airman /awt ..tea Nom= Albert J. Ouellette 155 Water St. N. Andover, MA 01845 Ao O• ._T" . F 1 ' 1855 +rry+ TOWN OF NORTH ANDOVER ' MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . ,June 15, 1989 Petition NO ...... 647§9............ Date of Hearing ... June. 13,,..1989, Petition of . Albert. J,-..Ouellet.te......................................................... Premises affected .....1557157..w.atev. Str.e.et............................................. Special Permit Referring to the above petition for a wallattoza from the requirements of thu . S e c t ion .4 , .... . Paragraph 4.122(14) of the Zoning Bylaw ......................................................................................... so as to permit .. converting. a .two-family..dwelling . into. a .4-family..dwelling ........ After a public hearing given on the above date, the Board of Appeals voted to . DENY ...... the Special Permit as requested Keil7C8�f�13}�pI@I[QX�L�KX Signed Fra ..Ser o,.Jr,,,gha'r an ....Raymond. Vivenzio.,. Acting. Clerk. . ..... Walter. Soule ..................... . ....Anna. O. Connor .................... Louis.Rissiu..................... Board of Appeals TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 4 } 120 MAIN STREET, 01845 qb0 - - - - -- 32 yE e O - TELEPHONE 682-6483 O m+ F July 24, 1989 Joel Bard, Esquire Kopelman & Paige Suite 1000 77 Franklin Street Boston, MA 02110 Re: Zoning Board of Appeals Decision #64-89 - Ouellette Dear Joel: Confirming your telephone conversation of today, I am forwarding to you, enclosed herewith, a Notice of Appeal in the above -referenced matter. I would appreciate it if you would represent the Town of North Andover and the Zoning Board of Appeals in this matter. Very truly yours, J S P. GORDON Town Manager JPG/jek CC: Zoning Board of Appeals Board of Selectmen .. y TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICE DATE: July 19, 1989 NAME' Frank Serio, Jr. TITLE: Chairman of ZBA COMMITTEE/DEPARTMENT: Board of Appeals DESCRIPTION OF REQUEST: (Include such information as "request for legal opinion" or "relates to pending litigation ." Is this a request of a committee or an individual member's concern; and is the request high/low priority and explain why. Please attach all relevant documentation.) A suit has been filed by Albert J. Ouellette against the North Andover ZBA, and we would like to forward a copy of this file to our attorneys so they will be completely informed of this court case prior to hearing. TIME FRAME: (By what date is a response needed; please explain.) No court date shown on the summons, so as soon as possible. SUBMIT COMPLETED REQUEST FORM TO OFFICE OF TOWN MANAGER FOR PROCESSING Your request for legal services relative toLdA- 17�cts�on/ was: Forwarded to Town Counsel Date: %•oZ - Returned Date: Reason: (;Town Manager �� � � �-�-C _ � � i2 -a ___ _- oaf"D-0000000000a TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICES DATE: July 19, 1989 NAME; Frank Serio, Jr. TITLE: Chairman of ZBA COMMITTEE/DEPARTMENT: Board of Appeals DESCRIPTION OF REQUEST: (Include such information as "request for legal opinion" or "relates to pending litigation ." Is this a request of a committee or an individual member's concern; and is the request high/low priority and explain why. Please attach all relevant documentation.) A suit has been filed by Albert J. Ouellette against the North Andover ZBA, and we would like to forward a copy of this file to our attorneys so they will be completely informed of this court case prior to hearing. TIME FRAME: (By what date is a response needed; please explain.) No court date shown on the summons, so as soon as possible. SUBMIT COMPLETED REQUEST FORM TO OFFICE OF TOWN MANAGER FOR PROCESSING Your request for legal services relative to r was: t Forwarded to Town Counsel Date• Returned Date• Reason: Town Manager l KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET LEONARD KOPELMAN DONALD G. PAIGE BOSTON, MASSACHUSETTS 021 10 ELIZABETH A. LANE (617) 451-0750 JOYCEFRANK JOHN W. GIORGIO JOEL B. BARD JOEL A. BERNSTEIN RICHARD J. FALLON BARBARA J. SAINT ANDRE GEORGE M.MATTHEWS EVERETT J. MARDER KAREN V. KELLY DAVID L. GALLOGLY SONDRA M.KORMAN July 25, 1989 Clerk, Civil Essex Superior Court 34 Federal Street Salem 0 0 Re:,� Albert J. Ouellette v."Frank Serio, Jr., et al. Dear Sir/Madam: Enclosed for filing in the above -captioned matter is this firm's Notice of Appearance. Kindly file same. Thank you for your assistance. Very truly yours, 2B� Bard JBB/meg cc: Patricia A. Dowling, Esq. Zoning Board of Appeals COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT ESSEX DIVISION CIVIL ACTION NO. 89-1802 ALBERT J. OUELLETTE V. FRANK SERIO, JR., RAYMOND VIVENZIO, WALTER SOULE, ANNA O'CONNOR, AND LOUIS RISSIN AS THEY ARE MEMBERS OF THE ZONING BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER NOTICE OF APPEARANCE Please enter my appearance as attorney for the defendants as they represent the Zoning Board of Appeals of the Town of North Andover. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS By its Attorneys, .."4ve zn� Le na d Kopelman (BBO #277340) Joe Bard (BBO #029140) Kopelman and Paige, P.C., Town Counsel 77 Franklin Street Boston, MA 02110 (617) 451-0750 CERTIFICATE OF SERVICE I, Joel B. Bard, hereby certify that on July 25, 1989, I served a copy of the foregoing Notice of Appearance, by mailing a copy, postage prepaid to the following counsel of record.: Patricia A. Dowling, Esq. 59 Jackson Street Lawrence, MA 01840 t D ►r' f f_ �. > TO,�;,hi CL -7 i,. rICRT ' ..r ,U't ER JUL 5 5g PI CjONWEALTH OF MASSACHUSETTS ESSEX, SS. ALBERT J. OUELLETTE VS. FRANK SERIO, JR., RAYMOND VIVENZIO, WALTER SOULE, ANNA O'CONNOR, AND LOUIS RISSIN AS THEY ARE MEMBERS OF THE ZONING BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER SUPERIOR COURT DEPARTMENT ESSEX DIVISION CIVIL ACTION NO. NOTICE OF APPEAL Notice is hereby given that Albert J. Ouellette, the above- named Plaintiff, hereby appeals to the Essex County Superior Court from a decision of the Zoning Board of Appeals of the Town of North Andover filed with the North Andover Town Clerk on June 15, 1989 denying the Plaintiff's request for a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaws. Said request and decision are designated as Petition No. 64-89. Attached hereto is a copy of the Complaint filed this day in the Essex County Superior Court at Salem. Dated: July 3, 1989 Albert J. Ouellette B s atto ey a is A. jDoling 59 Jackson S Lawrence, MA 01840 (508)683-3302 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. ALBERT J. OUELLETTE SUPERIOR COURT DEPARTMENT ESSEX DIVISION CIVIL ACTION NO. VS. FRANK SERIO, JR., ER ) COMPLAINT WALT RAYMOND VIVENZIO, AND ) SOULE, ANNA O'CONNOR, LOUIS RISSIN AS THEY ARE ) MEMBERS OF THE ZONING ) BOARD OF APPEALS OF THE ) TOWN OF NORTH ANDOVER ) i +i INTRODUCTION i' 1. This is an appeal pursuant to the provisions of ii Mass. Gen. Laws chapter 40A, section 17 of a decision of the li �j Zoning Board of Appeals of the Town of North Andover. PARTIES Il 2. Plaintiff, Albert J. Ouellette, owns property located at 155-157 Water Street, North Andover, I! Massachusetts. He is the party aggrieved by a decision o the Zoning Board of Appeals of the Town of North Andover. li Frank Serio, Jr. of 250 Hillside 3. The Defendants, �!Walter Soule I� Road, Raymond Vivenzio of 11 Appledore Lane, I� oAnna O'Connor of 88 Martin f 70 Raleigh Tavern Lane, II Hill Lane, are duly i I. Avenue, and Louis Rissin of 59 Blueberry Appeals of the Town appointed members of the Zoning Board of App of North Andover and are all residents of said Town. COUNT I 4. In May, 1989, the Plaintiff, Albert J. Ouellette, filed an application requesting a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaws to permit converting a two-family dwelling into a four -family dwelling on the premises located at '155-157 Water Street, North Andover, Massachusetts. 5. Pursuant to public notice in the North Andover Citizen, a public hearing on the application was held on June 13, 1989. 6. At the hearing, Albert J. Ouellette addressed the Zoning Board of Appeals relative to the requested Special Permit. 7. Albert J. Ouellette was the only person to so address the Zoning Board of Appeals on that issue. 8. A member of the Zoning Board of Appeals stated that he would like to drive by the property in question. The Chairman then stated that the matter would be taken under advisement, and directed Mr. Ouellette to leave the meeting, and that he would be informed of the Board's decision. (See Affidavit of Albert J. Ouellette, attached hereto as Exhibit A.) 9. Without further public hearing, the Zoning Board of Appeals issued a decision denying Albert J. Ouellette's request for a Special Permit. The decision is dated June 15, 1989, and was filed with the Town Clerk on that date. Certified copies of the Decision and Notice of Decision are attached hereto and marked as Exhibit "B" and Exhibit "C" respectively. 10. The decision of the Zoning Board of Appeals exceeded the Board's authority in that the Board made no findings of fact that showed that granting the Special Permit would adversely affect the neighborhood. 11. The decision of the Zoning Board of Appeals exceeded the Board's authority in that the Board made no findings of fact that showed that granting the Special Permit would derogate from the intent and purpose of the .governing bylaw. 12. The decision of the Zoning Board of Appeals exceeded the Board's authority in that the Board failed to consider as fact the current status of the neighborhood at 155-157 Water Street, North Andover. 13. In failing to conduct its deliberations in public, the Zoning Board of Appeals violated Mass. Gen.. Laws Chapter .39, Section 23B (The Open Meeting Law) and Mass. Gen. Laws Chapter 40A, Section 15. 14. The Zoning Board of Appeals violated Mass. Gen. Laws Chapter 40A, Section 15, in that it failed to make a detailed record of the proceedings relative to Albert J. Ouellette's request for a Special Permit and failed to indicate the vote of each member upon such questions relative thereto. WHEREFORE, the Plaintiff requests that this Court grant the following relief: 1. That the decision of the Zoning Board of Appeals of the Town of North Andover be annulled; and 2. That the Court grant such other relief as may be just and proper. Albert J. Ouellette By his a torney 5 Patri is A. Dowling 59 Jackson Street Lawrence, MA 01840 (508) 683-3302 B.B.O. No. 542552 l COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. ALBERT J. OUELLETTE VS. FRANK SERIO, JR., RAYMOND VIVENZIO, WALTER SOULE, ANNA O'CONNOR, AND LOUIS RISSIN AS THEY ARE MEMBERS OF THE ZONING BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER SUPERIOR COURT DEPARTMENT ESSEX DIVISION CIVIL ACTION NO. AFFIDAVIT OF ALBERT J. OUELLETTE I, Albert J. Ouellette, state that the following facts are true, to the best of my memory and understanding: 1. I own a two family home located at 155-157 Water Street in North Andover, Massachusetts. I reside at that address with my wife and family. I have lived in North Andover most of.my life, and I am a member of the North Andover Fire Department. 2. Over the past ten to fifteen years, I have observed the neighborhood surrounding 155-157 Water Street change from single and two family homes to multi -family homes. 3. On or about May 17, 1989, I filed an application with the Zoning Board of Appeals of the Town of North Andover, requesting a special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaw so as to permit converting my two family home at 155-157 Water j� Street to a four family home. II4. A hearing on said request was held on or about June Ii13, 1989. 5. Board members present at the meeting were Frank �I Serio, Jr., Chairman, Raymond Vivenzio, Walter Soule, Anna O'Connor, and Louis Rissin. 6. Relative to my request for Special Permit, I was ii the only person to address the Board at that public meeting. I', 7. I informed the Board that the house next door to mine had been converted from a two family to a four family home, -and that several others in the immediate neighborhood had been likewise converted. S. After I finished speaking to the Board, one of the members stated that he would like to take a drive by the house. The Chairman then told me that the matter would be taken .under advisement, and that I was free to leave because they would notify me of their decision. 9. There was no further public meeting of which I know or of which I was advised. 10. I received a written decision of the Board of Appeals denying my application for Special Permit. This decision was dated June 15, 1989, and evidenced being filed with the North Andover Town Clerk on that date. 11. At no time did I observe the Board to make findings of fact relative to my request for Special Permit. Nor did I observe a public vote taken and recorded relative thereto. Signed under the pains and penalties of perjury this kyr day of July, 1989. I� 5 ii Albert J. Ouellette I' Albert J. Ouellette 155 Water St. N. Andover, MA 01845 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #: 64-89 DECISION tX 1--,)b .r r' e fitvd Pn`l appeal shat b tt;e ri ate o; f,i:,�:rb ° the o � �n the ()ffice off. clerk. The Board of Appeals held a public hearing on Tuesday evening, June 13, 1989 upon the application of Albert J. Ouellette requesting a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaw so as to permit converting a two-family dwelling into a 4 -family dwelling on the premises located at 155-157 Water Street. The following members were present and voting: Frank Serio, Jr., Chairman, Raymond Vivenzio, Acting Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 25, 1989 and June 1, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit as requested. The Board finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.3 of the Zoning Bylaw and that granting this.Special Permit would adversely affect the neighborhood and derogate from the intent and purpose of the Zoning Bylaw. Dated this 15th day of June, 1989. BOARD OF APPEALS Fra Serio, Jr. airman /awt ATTEST: A Trae COPY G� Town Clerk 9 Albert J. Ouellette 155 Water St. N. Andover, MA 01845 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION 0 Date ..June, 1.5.,..1989 ............ Petition No..... 64-89............. Date of Hearing. ..June, ;U,-.1989.. Petition of . Albert, J. ,Ouellette...............................:........................ . Premises affected .....1557157. water. Street ... ........................ ............... Special Permit Referring to the above petition for a- =z tt n from the requirements of the . Sec r i.A .4 , .... . Paragraph 4.122(14) of the Zoning Bylaw ......... ................................................... :........................... so as to permit .. converting. a .two-family...dwelling . into. a :4-family..dwelling ..*.....,. ........ ............ ...... .............................. After a public hearing given on the above date, the Board of Appeals voted to . Dm. the Special Permit as requestedIt ................................. ............................................................. Signe Fra erio,,Jr., Cha' n , , .. , Raympnd, g3,genzo,. Acting. Clerk, , , 41tor.Soule........... ............ ATTEST: A. True COPY ... Anna. O' Carinor .... .... . Louis. Rissin.. ..:..........:.... Board of Appeals Town Clerk � � CK* - f� mo&c m 2 Ln Qwu Qm2 00 UJ -4/ 2 Z7% ,W-. = I z R < w ® � I @ °- L $ O < � i Received by`"Town cLerk: TOWN OF NORTIi ANI)OVER, MASSACHUSETTS I30AIZD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMEN'T'S OF THE ZONING ORDINANCE Applicant /L�_ � { -----Address /3_5 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and 'fable of the Zoning By Laws. b) For a Special Permit under Section Paragraph —LY— 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 and building(s) _numbered _ Street. b) Premises affected are property with frontage on the North (�) South ( ) East ( ) West ( ) side of 'V✓�%��� Street, and known as No._---_—_ ,'�9 —_ �-fT' c) Premises affected are in Zoning District an(] the premises affected have an area ofsquare fet ad frontage of en 3?.?-- ppQ -- feet . _7_-- - — - 3. Ownership a) Name and address of owner (if joint ownership, give all names): Date of Purchase Previous Owners uLGe/�N b) If applicant is not owner, check tris/her interest in the premises: Prospective Purchaser 44 Size of proposed building: 11 Height stories; Lesee __ front; feet. a) Approximate date of erection: b) Occupancy or use of each floor: Other (explain) feet deep; c) Type of construction: i 5. Size of existing buil-ding:--�6 -- feet front;— g ---feel- d('('P; Height jl _stories; 23__feet. a) Approximate date of erection: b) Occupancy or use of each floor:_— c) Type of cons tructiori: ����,, 6. Has there been a rr-evi.ol_u; appeal, under zoning, ori these premis..es? If so, wlicn? 7?' Descri-p•t.io�n of relief sought on this petition -- _ 8. Deed recorded in the Registry of Deeds in Book ge Land.Court Certificate No. — Book page The principal �.o' p p points upon which I base my application are as .follows: .(mfast be. stated in detail) }'e.� .�riL— - - - - ----J - ---- al/Lic�i, �< � . �A /fit �•� "I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signat e of Petition erTsf Every application for action b the 13oard shill 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 .m,zdc on the official application form. All information 'c<alled for by the form shall be furnished by the applicant in the manner tlierein,;;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 appl.ieation 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 inailing and publication, but are not necessarily,:'':-,",. limited to these. (Every application shall be subrni.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 (use additional sheets Address e a IV loWNQ-&5 Qr ppcpe-21; I\) The i m J(V^� --CIA ,j e, !L "'�.� 0 N C 2 i 57- G WR l E �- S I —1 IL v I 4 ll i Li —Ie- 1'. 1 -- -- i H l_ �I RTS 2 S>_- ---- —----------------- — - -- ---- -- — -==Y1n/d0veh ..�✓f A -- — — l� Q/�_G vc�--1U/212_Is>` -- 92 —A -A17 —j 'S 17— WA Tvn, s IL AA), v e.n-- q,4 w _ i MORTH OL 1_ A t r ;VSs^cHUS�4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: Date: �� --74---- Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 00 for the following: 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