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Miscellaneous - 18 AUTRAN AVENUE 4/30/2018 (3)
o Z Z Q P 'Legal, Notice LSE c � E u'. wry TOWN OF NORTH ANDOVER .,; MASSACHUSETTS BOARD OF APPEALS NOTICE November 17, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Tuesday evening the 13th day of December; 1988, at 7:30 o'clock, to all parties in- terested in the appeal of Paul S. Connors as a Party Aggrieved for review of a decision made by the Building Inspector and otter authority on the premises located at Lot 3, Autran Avenue, Ply Order of the Board of Appeals Frank Selo, Jr., Chairman Publish in North Andover Citizen December 1 and December 8, 1988 1075 Legal Notice TOWN OF NORTH ANDOVER ',MASSACHUSETTS BOARD OF APPEALS NOTICE a November 17, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Tuesday evening the 13th day of December, 1988, at 7:30 o'clock, to all parties in- terested in the appeal of Paul S. Connors as a Party Aggrieved for review of a decision made by the Building Inspector and othr♦ authority on the premises located at Lot 3, Autrah Avenue. - By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen Oecember 1 and December 8, 1988 1075 Steve Sullivan Ch At The North I Agency we insurer= co nderwrite Autc gives you se I chooyour We also havE plans which o1 of up to 12 We are af offering coml any coverage The daz Legal Notice TOWN OF NORTH ANDOVER , MASSACHUSEITS BOARD OF APPEALS NOTICE 0*_,", November 17, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Tuesday evening the 13th day of December, 1988, at 7:30 o'clock, to all parties in- terested in the appeal of Paul S. Connors as a Party Aggrieved for review of a decision made by the Building Inspector and othq authority on the Premises located at Lot 3, Autran Avenue. By Order of the Board of Appeals Frank Senor Jr., Chairman Publish in North Andover Citizen December 1 and December 8, 1988 . 1075 ... . .... r.. �..... .. keyboard, will travel. Call Nancy Helinski, 1-372-9394. 1 70757 -4 HELP WANTED, ► JOBS! JOBS! JOBS! We have the best! We have the most! We have the one for you! We are the area's leading emploxment service— specializing in permanent OF- FICE/BUSINESS positions. Listings include secretaries, bookkeepers, accounting clerks, administrative assistants, all office clericals, receptionists, data processing, customer service, etc. Also banking and insurance openings. Call weekdays 685-5157. Prestige Placement Consultants, 575 Turnpike St., Rt. 114, Suite 10, North Andover, MA 01845. 4434 PART TIME PEFgAANENT SUPPORT— person for office sales+ manager. Monday through Friday, 12 noon to 5 p.m., downtown North Andover. Typing necessary, computer background• helpful. Good people skills. Paid holidays and vacation. Call Nancy. Makowski, 686-3288. 70806 ACTIVITY AIDE— Upbeat, caring individual to Ly�e,I`Ec�Eu �p Legal Notice TOWN! OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE s, w Fr November 17, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Tuesday evening the 13th day of December, 1988, at 7:30 o'clock, to all parties in- terested in the appeal of Paul S. Connors as a Party Aggrieved for review of a decision made by the Building Inspector" and other authority on the Premises located at Lot 3, Autran Avenue. By Order of the Board of Appeals « Frank Serio, Jr., Chairman Publish in North Andover Citizen December__ December 8, 1988 9 keyboard, will travel. Call Nancy Helinski, 1-372-9394. 70757 -4 HELP WANTED 0 - JOBS! JOBS! JOBS! JOBS! We have the best! We have the most! We have the one for you! We are the area's leading employment service- -specializing in permanent OF- FICUBUSINESS positions. Listings include secretaries, bookkeepers, accounting clerks, administrative assistants, all office clericals, receptionists, data processing, customer service, etc. Also banking and insurance openings. Call weekdays 685-5157. Prestige Placement Consultants, 575 Turnpike St., Rt. 114, Suite 10, North_Andover, MA 01845. 44343 PART TIME PERMANENT SUPPORT— person for office sales manager. Monday through Friday, 12 noon to 5 p.m.,*wntown North Andover. Typing necessary, computes background helpful. Good ptople skills. Paic holidays and vacation. Call Nancy Makowski, 686-3288. 7080E 'TwiTY AinF— Ilnheat. carina individual tr Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE October 31, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover, on Tuesday evening the 13th day of December, at 7:30 o'cbck oto all parties interested in the appeal of Paul S. Connors as a party aggriev- ed, for review of a decision made by the Building In- spector or other authority on the premises located at 18 Autran Avenue. By Order of the Board of Appeals + Frank Serio, Jr., Chairman Andover Publish in North Citizen November 3 and November 10, 1988 1414 /I/A3�k-k —/A, For more intormatlon, call 686-4035. A "THERE'S A PLACE FOR EVERY STUDENT" Louise Rosen Educational Consultant Preparatory School and College Placement EE6iy� By Appointment Only (508) 37319561 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS . November .17 .... 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, On .Tuesday. .- evening......... the . .13 t Way of ...December .......... 19.88 , at 7:3@0'clock, to all parties interested in the appeal of Paul -S. Connors Xs .a. Party - - ' X)ft)UWFA1WAVAmmitk Aggreived ......................... for review of a decision made by the Building Inspector and other authority ... ... . .......... ........................................... ...................................................... ................................................. on the premises, located at. - Lot -3,- -Autran Avenue ....... ..................................................... B Order of t�e Board f Appeals S'd)fdi`o�,Jr' Board t Publi!sh in the N. Andover Citizen on 11/23/88 & 12/1/88 ` Legal'Notice n IUM OF NORTH ANDOVER MASSACHUSETTS s BOARD OF APPEALS NOTICE O � A October31, 1988 Notice Is hereby given that the Board of Appeals Y411 give a hearing at the Town Building, North An - clover, . on Tuesday evening the 13th day of December, at 7:30 o'clock, to all parties Interested In the appeal of Paul S. Connors as a party aggriev- ed, for review of a decision made by the Building In-; Spector or other authority on the premises looted at '18 Autran Avenue., r .. By Order of the Board of Appeals, Frank Serio, Jr., Chairman Publish in North Andover Citizen November 3 and November 10,1988 1414 Legal Notice. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE d ,enr. October 31, 1988 Notice is hereby given that the Board of Appeals. .. , will give a hearing at the Town Building, North An clover, on Tuesday evening the 13th day of December, at 7:30 o'clock, to all parties interested in the appeal of Paul S. Connors as a party aggriev- ed, for review of a decision made by the Building In Spector or other authority on the premises located at 18 Autran Avenue. By Order of the Board of Appeals .. Frank Serio, Jr., Chairman Publish in North Andover Citizen November 3 and November 10, 1988 1414 iA r y� �S Lt3bti . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Wt !1 TT I" I" ... October .31 .... 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 .13th day of .December .. . . 19. 88, a t.7.;.3m'clock, to all parties interested in the appeal of Paul..S..Connors ......................................... • 4AS a art xkNKKxffldWM aggreived, FOR REVIEW OF A DECISION MADE BYTHE BUILDING INSPECTOR OR OTHER AUTHORITY ...................................................... on the premises, located at..18 Autran - Avenue ... . . • By Order of the Board of Ap Frank S rio, Jr., Chairman Publish in N.A. Citizen on November 3 and November 10, 1988 s t ` Legal'Notice n IUM OF NORTH ANDOVER MASSACHUSETTS s BOARD OF APPEALS NOTICE O � A October31, 1988 Notice Is hereby given that the Board of Appeals Y411 give a hearing at the Town Building, North An - clover, . on Tuesday evening the 13th day of December, at 7:30 o'clock, to all parties Interested In the appeal of Paul S. Connors as a party aggriev- ed, for review of a decision made by the Building In-; Spector or other authority on the premises looted at '18 Autran Avenue., r .. By Order of the Board of Appeals, Frank Serio, Jr., Chairman Publish in North Andover Citizen November 3 and November 10,1988 1414 Legal Notice. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE d ,enr. October 31, 1988 Notice is hereby given that the Board of Appeals. .. , will give a hearing at the Town Building, North An clover, on Tuesday evening the 13th day of December, at 7:30 o'clock, to all parties interested in the appeal of Paul S. Connors as a party aggriev- ed, for review of a decision made by the Building In Spector or other authority on the premises located at 18 Autran Avenue. By Order of the Board of Appeals .. Frank Serio, Jr., Chairman Publish in North Andover Citizen November 3 and November 10, 1988 1414 iA r y� �S Lt3bti . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Wt !1 TT I" I" ... October .31 .... 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 .13th day of .December .. . . 19. 88, a t.7.;.3m'clock, to all parties interested in the appeal of Paul..S..Connors ......................................... • 4AS a art xkNKKxffldWM aggreived, FOR REVIEW OF A DECISION MADE BYTHE BUILDING INSPECTOR OR OTHER AUTHORITY ...................................................... on the premises, located at..18 Autran - Avenue ... . . • By Order of the Board of Ap Frank S rio, Jr., Chairman Publish in N.A. Citizen on November 3 and November 10, 1988 ti RECEIVED DANIEL LONG T3WK CLF1kY% NOR?!-: 0DOVER EXHIBIT #2 ,-. Arnrt7n ..o tags �; TOWN OF NORTH ANDOVER Mi 3SACI-I LISETTS BOAR© OF APPEALS Any appeal s'ea'l be filed within f20) c!ays af!er the date of 'Wing o: `itis Notice in the Office of, the. Town Clerk. . --''- NOTICE OF DECISION Date ...August. 15. , . 19 85 ..... Petition No.... 5.0 - 9.5 ............ Date of Hearing. August. 12, . 19 85 Petition of ..W,..Thomas • Bowe-r/Lou se• A; -Bower ........................ • • • • • • • • • Premises affected .. Autran• Avenue .. .............. .............. . Referring to the above petition for a variation from the requirements of the '. ? on i n g BX 1 aw Section 7. Paragraph . 7 I, 7. 2 , 7.3 and Table 2. . . so as to permit ..construction . of. 3.0' x28!:, . two. .sto.ry..res.ide.nti.al..dwe,lli.ng After a public hearing given on the above date, the Board of Appeals voted to <, Grant ... the variance with following.conditions: '?e mo l i s h • existing - garage. -on and hereby autb.orize the Building Inspector to issue a ower lot before Building Permit. issue,-. for lot in question, limit we: Mit to side setback- -to• -15- -ftv ; - rear -.to .L5. ft:; -on-ly- single. dwel ling flowed, grant. lot size, 5 000 ft. east 10 ft.... revise= plans .to show the constriction of the above work, based upon the fd owing conditions: _ _d lot as A and new lot as B. A True Copy Town Cl,,* Signed ^ran'_ Serio,' Jr.', Chairman ......................... I........ .... . William J. Sullivan. ........... Alfred E. Frizelle, Esa. Vice ...... Augus.tin.e. W, . Nj,ck.erson,, .Clerk Raymond. •A•.• •Vivenzio • • • • • Board of Appeals , R `. BOWER - Page 2 as lot B. Motion secondod.by Mr. Vivenzio. =Vote unanimous Sincerely, BOARD OF APPEALS Frank Serio, J ., Chairman aw t e e DANIEL Lo';r, TN'14 f::. J. NDRT!i ;WD: ER An ! 6 8 49 AM'85 ATTEST: /JA True Copir ' Town ckuir EXHIBIT #1 o 1f7.1C HU ��t TOWN OF NORTH ANDOVER MASSACHUSETTS BOAR©.OF- APPEALS •]fin;� a�ncal stiali be �ilec� the within 120? vn-,s Notice date o` `�i.:r„ co tile. JowR in the OWce t Clerk. August 15, 1985 Mr. Daniel Long, Town Clerk Town Office Building W. Thomas Bower/Louise A. Bower North Andover, MA 01845 591 Massachusetts Ave. Petition #50-85 Dear.Mr. Long; The Board of Appeals. held a public hearing on Monday evening, August.12., 1985 upon the application of W. Thomas Bower & Louise A. Bower. The hearing was advertised in the North Andover Citizen .on July 25, 1985 and August 1, 1985 and all --abutters were notified ,by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman,, Alfred E. - Frizelle, Esp. , Vice Chair- man; Augustine W. Nickerso, Clerk; William J.- Sullivan, and Raymond A. Vivenzio. The petitioners seek a variance from the provisions of Section 7, Paragraph -7.1, 7.2, 7.3, and Table ;2 of the Zoning By Law so as to permit variance as to lot area, street frontage and side yard - setback. Mr. -and Mrs. Bower were represented by Mr. Peter Caruso, and he showed a plan of the proposed dwelling. The .lot is located on Auturn Avenue with 5,000 square feet of land and is on—an unccepted street, where almost every lot has a demension o•f 5,000 square feet as.laid out according to plan 406. The petitioners were led to be- lieve that this lot. was in. fact -a:buildable lot. Many houses in this :neighborhood are in fact<on'S,000 square foot io`ts. The, character of the proposed dwelling is in keeping with the surround- ing neighborhood. The abutter on the side of the proposed lot, Mr. P. Connors, spoke in opposition. Claims square foot requested is less than -� the size of the zoning bylaw requirements and dwelling 'would be closer to his property than allowed. Concerned for safety of children and future value of, property. Motion made by Mr. •Frizelle to grant variance subject to the following: demolish existing garage on Bower lot before Building Permit issued for lot in question. Limit west side setback to 15 feet, rear to 25 feet, limited to single residence only, grant lot size 5,000 feet, 41 t rly 10 feet and revise plans to show old lot as A and new lot i i co - co . C -n . �1 JT. R + WALTER C. TOMLINSON (1929-1961 CHARLES G. HATCH TIMOTHY P. HATCH TELEPHONE 617-475-6881 . fR DANIEL LONG TOWN ?CUEPr, N0RT14D1?j5-p1LIN SON & HATCH An 0 ^ �7 �Bp TORNEYS AT LAW II CHESTNUT STREET ANDOVER, MASSACHUSETTS 01810 August 30, 1985 Mr. Daniel' Long Town Clerk . Town Hall 120 Main Street North Andover, Mass. 01845 Re: Paul S. Connors et ux vs. W. Thomas Bower et alii Essex Superior Court Civil Action No. 85-2151 Dear Mr. Long: I enclose a copy of the complaint filed in the above entitled action, which action was filed in the Superior Court on August 29, 1985. This Notice of the action with a copy of the complaint is being given to you pursuant to Mass. General Laws, Chapter 40A, Section 17. .Very truly your, TOMLINSON�S�H�r C , ATTORNE AT LAW BY I CH, ESQUIRE t;ssex,ss,. Superior Court Civil Action No. PAUL S. CONNORS AND MAUREEN A. CONNORS, Plaintiffs COMPLAINT vs. W. THOMAS BOWER, LOUISE A. BOWER AND FRANK SERIO, JR, ALFRED E. FRIZELLE'. WILLIAM J. SULLIVAN,) h AUGUSTINE E. t NICKERSON, il WALTER F. SOULE,. RAYMOND A. -VIVENZIO AND il JOHN SIMONS, AS THEY) ARE ALL MEMBERS OF THE BOARD OF APPEALS) 1,OF THE TOWN OF NORTH) ANDOVER, Defendants 1. The.Plaintiffs are Paul S. Connors and Maureen A. Connors, individuals.who-reside at and own -property located at 18 Autran -Avenue- North Andover,- Essex -C t' I oun Y'. IMassach usetts, and are persons aggrieved within the meaning ;,of M.G.L.Chapter 40A,.section 17, by the decision of the Board of Appeals of the Town of North Andover in the .,granting of a variance to Defendants W. Thomas Bower and 'Louise A..Bower. 2. The Defendants -W. Thomas'Bower and Louise A. Bower are individuals who reside at and .:own property located at 591 Ma N ssachusetts.Avenuel� ort Andover, Essex County, .;,Massachusetts. �I �I 3. The other Defendants are the duly constituted and regular members of the Board of Appeals of the Town of North Andover, and all reside in the Town of North Andover as follows: FRANK SERIO, JR 250 Hillside Road f! North Andover, Mass. 01845 � ALFRED E. FRIZELLE 131 Appleton Street North Andover, Mass. 01845 WILLIAM J. SULLIVAN 405 Salem Street North Andover, Mass. 01845 AUGUSTINE E. .NICKERSON 100•Moody Street North Andover, Mass. 01845 WALTER F. SOULE 70 Raleigh Tavern Lane �i North Andover, Mass. 01845 �I ! RAYMOND A. i !! VIVENZIO 11 Appledore Lane I° i; North Andover, Mass.. 01845 i. ! ' JOHN SIMONS 74 Rock Road North Andover, Mass. 01845 - 4. The Defendants W. Thomas Bower and Louise A. Bower filed.a Petition, for Variance concerning a' -lot of land owned by them -located on Autran Avenue,�North Andover, Essex i; County, Massachusetts, which lot contains 5,000 square feet 1 q ; seeking relief as to lot area, street -frontage and side yard . set back requirements.. -. 5. The zoning by-law for said Autran Avenue is R-4, ' requiring 12,500 square feet lot area, 100 foot street frontage and 15 foot side yard set back for construction of 'a single family dwelling: 6 The -Defendants W. Thomas Bower and Louise A.`'Bower also Town a lot containing 6390 square feet adjoining the lot for which they sought a variance, which adjoining lot merged with the lot at issue in the Petition for.Variance by virtue ;of a deed duly recorded in the.North Essex County Registry of Deeds at Book 1350, Page 39. -!j7. The 6390 square foot lot does not comply with current :zoning requirements,.and the Defendants W. -Thomas Bower and !; ''Louise A. Bower need a variance to allow a reduction.in area 1of a prior non -conforming lot, and to permit the continued 1existence of both lots neither of which meet minimum ' ..11dimensional requirements, which relief has not been !;requested nor granted. ii 1 ;i !I � 8. on August 15; 1985, the Defendant members of the Board !� of Appeals granted the variance requested by the Defendants �! W. Thomas Bower and Louise A. Bower, certified copies of the fI Decision and Notice of Decision being attached hereto and I marked exhibits 1 and 2.. 9. The members of the Board of Appeals exceeded their authority in granting said variance, in that: a) The Board did not 'specifically find that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures and but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions.of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner. b) The Board did not specifically find that desirable relief may be granted without -substantial detriment to the ii Public good.- C) ood. c) The Board did not specifically find that +desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of such ';ordinance or by-law. E d) The Board otherwise failed to comply with ('statutory authority in granting said variance. 10. The Defendant Members of the.Board of Appeals further.._.- exceeded their authority>in.that thereare no special i:icircumstances affecting this lot which do not generally :affect the zoning.district in which it is located. The granting of the variance creates a substantial detriment to the public good, has an adverse affect on the land of the Plaintiffs and derogates from the intent and purpose of the :'by ;aw. s i ' I I ;i !I � 8. on August 15; 1985, the Defendant members of the Board !� of Appeals granted the variance requested by the Defendants �! W. Thomas Bower and Louise A. Bower, certified copies of the fI Decision and Notice of Decision being attached hereto and I marked exhibits 1 and 2.. 9. The members of the Board of Appeals exceeded their authority in granting said variance, in that: a) The Board did not 'specifically find that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures and but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions.of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner. b) The Board did not specifically find that desirable relief may be granted without -substantial detriment to the ii Public good.- C) ood. c) The Board did not specifically find that +desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of such ';ordinance or by-law. E d) The Board otherwise failed to comply with ('statutory authority in granting said variance. 10. The Defendant Members of the.Board of Appeals further.._.- exceeded their authority>in.that thereare no special i:icircumstances affecting this lot which do not generally :affect the zoning.district in which it is located. The granting of the variance creates a substantial detriment to the public good, has an adverse affect on the land of the Plaintiffs and derogates from the intent and purpose of the :'by ;aw. s i _r,ri:,F,r. OktllFt.l_0`'r Tov f:•. iK HORTH Auc 16 8 0 AM '85 eat shall be {ilea priy �pP (,cr the l 0'•w.� ,40° v�itliic� (7_0) d-, YI3 a da Notice ihls o r.V( tile.In tile down eon Clcric. t,SS Af uU%tt - .... TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: ATTEST: A True Copy Y__4_�g ,'own Clerk August 15, 19 85 W. Thomas Bower/Louise A. Bower 591 Massachusetts Ave. Petition #50-85 The Board of Appeals held a public hearing on Monday evening, . August 12, 1985 upon the application of W. Thomas Bower & Louise - A. Bower. The hearing was advertised in the North Andover Citizen on July 25, 1985 and August 1, 1985 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred E. Frizelle, Esp., Vice Chair- man; Augustine W. Nickerson, Clerk; William J. Sullivan, and Raymond A. Vivenzio. The petitioners seek a variance from the provisions of Section 7, Paragraph 7.1, 7.2, 7.3, and Table 2 of the Zoning By Law so as to permit variance as to lot area, street frontage and side yard setback. Mr. and Mrs. Bower were represented by Mr. Peter Caruso, and he showed a plan of the proposed dwelling. 'The lot is located on Auturn Avenue with 5,000 square feet of land and.is on an unccepted street, where almost every lot has a demension of 5,000 square feet as laid out according to plan 406. The petitioners were led to be- lieve that this lot was in fact a buildable lot. Many houses in this neighborhood are in fact on 5,000 square foot lots. The character of the proposed dwelling is in keeping with the surround- ing neighborhood. The abutter on the side of the proposed lot, Mr. P. Connors, spoke in opposition. Claims square foot requested is less than � the size of the zoning bylaw requirements and dwelling would be closer to his property than allowed. Concerned for safety of children and future value of property. Motion made by Mr. Frizelle to grant variance subject to the following: demolish existing garage on Bower lot before Building Permit issued for lot in question. Limit west side setback to 15 feet, rear to 25 feet, limited to single residence only, grant lot size 5,000 feet, easterly 10 feet and revise plans to show old lot as A and new lot BOWER - Page 2 ' M as lot B. Motion seconded by Mr. Vivenzio. Vote unanimous. Sincerely, BOARD OF APPEALS Frank Serio, J v Chairman � aw t 01 ' DAlilEl. t0`�� TU, 11 NORTH An I G 8 u AM '.0-5 EXHIBIT 3 MORTk O - D �s3ACNuel TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Dear Mr. Long: 'appeal shall be f ilea .Apy ?Ol ri,,•Js after the within 1 of �t�is Notice date of �i.,r.,, the down. in Gffice of Clerk. .... ,...�:.�::,:.►, August 15, 19 85 W. Thomas Bower/Louise A. Bower 591 Massachusetts Ave. Petition #50-85 The Board of Appeals held a public hearing on Monday evening, . August 12, 1985 upon the application of W. Thomas Bower & Louise - A. Bower. The hearing was advertised in the North Andover Citizen on July 25, 1985 and August 1, 1985 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred E. Frizelle, Esp., Vice Chair- man; Augustine W. Nickerson, Clerk; William J. Sullivan, and Raymond A. Vivenzio. The petitioners seek a variance from the provisions of Section 7, Paragraph 7.1, 7.2, 7.3, and Table 2 of the Zoning By Law so as to permit variance as to lot area, street frontage and side yard setback. Mr. and Mrs. Bower were represented by Mr. Peter Caruso, and he showed a plan of the proposed dwelling. The lot is located on Auturn Avenue with 5,000 square feet of land and is on an unccepted street, where almost every lot has a demension of 5,000 square feet as laid'out according to plan 406. The petitioners were led to be- lieve that this lot was in fact a buildable lot. Many houses in this neighborhood are in fact on 5,000 square foot lots. The character of the proposed dwelling is in keeping with the surround- ing neighborhood. The abutter on the side of the proposed lot, Mr. P. Connors, spoke in opposition. Claims square foot requested is less than � the size of the zoning bylaw requirements and dwelling would be closer to his property than allowed. Concerned for safety of children and future value of property. Motion made by Mr. Frizelle to grant variance subject to the following: demolish existing garage on Bower lot before Building Permit issued for lot in question. Limit west side setback to 15 feet, rear to 25 feet, limited to single residence only, grant lot size 5,000 feet, easterly 10 feet and revise plans to show old lot as A and new lot BOWER - Page 2 as lot B. Motion seconded by Mr. Vivenzio. Vote unanimous'. Sincerely, BOARD OF APPEALS _ Frank Serio, J Chairman ' awt r RECEIVED DANIEL LONG - TOWN CLERK NORTH ANDOVER AuG 16 46 AM '65 �OR! l� •�.> 3: �c r0tilr�•� o.� �. Arw�►Tn :a s •. 1855 r TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) clays after the date of firing of this Notice In the Office. of, the lowct Clerk. Date ..August .15., . 19 85..... . Petition No.... 5.0 -8.5 ......... , . , Date of Hearing. August .12, . 1985 Petition of ..W.,..Thomas • Bower/Louise. A: • Bower ................................... Premises affected .. Autran. -Avenue ........... ........................................ . Referring to the above petition for a variation from the requirements of the ,Zoning Bylaw Section 7, Paragraph 7. 1, 7.2, 7.3 andTable 2 so as to permit ..construction. of. 3.0'x28'., , two..sto.ry..res.ide.nti.al..dwe.1li.ng ................................................................. After a public hearing given on the above date, the Board of Appeals voted to .. Gr. ant . . : the' variance with following conditions: Demolish • e -xis ting • garage • -on and hereby authorize the Building Inspector to issue a Bower lot before Building Permit issued for lot in question, limit west permit to side -setback- to- -15• •ft•.•; • rear -to -25- - ft: ;- •only• single- -dwelling alowed, quant blot size 5 000 ft. east 10 f , revise plans to show for t e cons ion of a above work, Lased upon the following concutions: old lot as A and new lot as B. T �1 Signed rrcjn!: Serio, Jr. , Chairman ........................................... William J. Sullivan 'T�w L_r �T_�6J �. Alfred E. Frizelle, E _ 4'_Esq., Vice Chr ......................................... AUG I G Augustine. W.. N.iek.ers.9P.,..Clerk C3i)!?.r�%^ DEPT. Raymond •A•.• •Vivenzio. • • • - - in iiie O ,.', e of the "'o /r, C �. r i, * Paul S. Connors * 18 Autran Avenue * N. Andover, MA 01845 * * *********************** Of NORT�y 9ti r p y9sSA USC 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition #28-89 DECISION RECc- iVE9 OAN,`L U4G T 0w 1, NORZ `� , •„� 1ER jaSIZ 1023WU The Board of Appeals held a public hearing on Tuesday evening, January 10, 1989 upon the application of Paul S. Connors as a Party Agggreived for a review of a decision made by the Building Inspector and other authority on the premises lo- cated at Lot 3, Autran Avenue. The following members were present and voting: Walter Soule, Acting Chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on December 1, 1988 and December 8, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted unanimously, that the original Building Inspectors decision be UPHELD on the grounds that the size of the existing structure falls within the setback variance granted in the original decision of August, 1985. The Board finds that this decision will not adversely affect the neighborhood or derogate from the intent and purposes of the Zoning ByLaws Dated this 11th day of January, 1989. BOARD OF APPEALS Walter Soule Acting Chairman /awt ATTEST: A True Copy Town Clerk dates CI .7.:1.7 c L1 tJ I •.ve in tiie Office of the Town Clerk. yyNoRrry� N, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION R EO W). pANi�L L�'' �. NOR7f4 .. J4-� 12 IO 23 W IS Paul S. Connors 18 Autran Avenue Date . January- 11, 1989...... , . N. Andover, MA 01845 Petition No.... 28-89 ............. Date of Hearing.. January, 10.,..19$9 Petition of ..Pain.S..Connors ........................................................... Premises affected ..... Autran.Avenue ........... . . . . . . . ................................. . as a Referring to the above petition i Party.Aggr.eived SMMAxxge=2it for .a. review -of- a. decision. .made. by. the .Building. Insp-e-ctor - and. other authority on the premises located at Lot 3, Autran Avenue. ........................................................................................ After a public hearing given on the above date, the Board of Appeals voted to DENY........ the Party Aggreived , VOTED that the Board make,adetermination that the original Building Inspector s decision be u he d on the grounds that the size of the existing structure falls within the setback `vatiarices gtaiited -on" the -original -decis on *of' the "Board' bT August, 1985. Signed , , �� \� C �tN � Walter Soule, Acting Chairman Raymond Vivenzio Anna O'Connor ......................................... Louis Rissin ........................................ ................................. Board of Appeals MUwtk A~o y� ° a �7J 3A US, EXHIBIT 4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS RE . W.-- Thomas-, Bower j& Louise A. Bower 591 Mass. Ave. N. Andover, MA 01845 Appli-cation' # 50 t3 ft -(L c3 e -2t`1 a�cEivti �; Co 0 - 451— c37. DAI�►r�• `{ 1tf• 'On .August- 15, 1985 'this Board filed -a decision in the above matter which did not clearly set forth the basis for granting the variance requested by the Petition. The purpose of this memorandum is to clarify --the matter. The Board voted unanimously to grant the variance as requested for _.. a 5,000 sq. ft. lot subject to the following conditions: - Only a single family dwelling may be constructed thereon. �,- The existing garage on the Bower lot must be demolished prior to the issuance of the building permit. - The side setback of the dwelling shall be 15 ft. on the west side. - The rear setback of the dwelling shall be 25 ft. - The plans must be revised and resubmitted to the Board showing a description of Lot A and Lot B as well as the conditions set forth herein. In granting the variance the Board finds that each of the conditions of Section 10.4 of the Zoning ByLaw have been satisfied. Specifically, the Board finds that the lot in question was deeded as a separate lot; that the size of lots in the immediate area are of a similar size and, the Board has granted in the past in this neighborhood similar variances. The hardship in question relates to the use of the lot because of its size and shape and the change of zoning in the area which prohibited its use for residential purposes. Thd Board finds that the relief granted is not a detriment to the public good and in fact is beneficial thereto by providing necessary affordable housing in the area. The 'Page 2 RE:-, Petition: Bower - #50 relief does not derogate from the intent and purpose of the ByLaw.which encourages the most appropriate use of the land. _ Sincerely, Frank Serio, Jr. Chairman BOARD OF APPEALS AEF:awt TELEPHONE 646-4911 EXHIBIT 5 ROBERT J. ANNESE ATTORNEY AT LAW 99 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 September 30, 1987 Building Inspector Town Hall North Andover, Mass. 01845 Attention: Mr. Dan McConaghy Re: My client, Paul S. Connors of 18 Autran Avenue, North Andover, Massachusetts Dear Mr. McConaghy: I am the attorney for Mr. Paul Connors. Mr. Connors has consulted with me in connection a single family residential dwelling which is being constructed adjacent to his home with the construction occurring on a certain lot of land on Autran Avenue, North Andover, Massachusetts, which lot was the subject of a subdivision of the North Andover Zoning Board of Appeals on August 15 of 1985. I am given to understand that the Zoning Board of Appeals specifically stated that a 30 by 28 building could be constructed on the subject lot. I am further given to understand that the building which is being constructed on the subject lot is in fact much larger than permitted by the Zoning Board of Appeals' decision. Please let me know what action your office is going to take with regard to this matter. Very truly yours, Robert J. Annese RJA:md cc: Mr. Paul S. Connors EXHIBIT 6 ROBERT J. ANNESE ATTORNEY AT LAW 99 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 TELEPHONE 646-4911 November 13, 1987 Building Inspector Town Hall North Andover, Mass. 01845 Attention: Mr. Dan McConaghy Re: My client, Paul S. Connors of 18 Autran Avenue, North Andover, Massachusetts Dear Mr. McConaghy: As you know I wrote you on September 30, 1987 with regard to the residential structure being built next to my client's property at 18 Autran Avenue, North Andover, Massachusetts. As you further are aware, I brought to your attention within the four corners of my September 30 of 1987 letter to you, that the subject structure being built at 591 Massachusetts Avenue, North Andover Massachusetts, was not being constructed in conformity with the Zoning Board of Appeals decision dated August 15 of 1985. As I indicated to you, the Zoning Board of Appeals decision specifically provided that a thiry by twenty eight building was to be constructed upon the subject lot. In fact a building larger than thirty by twenty eight is being constructed upon the subject lot. Please be advised that if I do not hear from you with regard to affirmitive action being taken by your office within ten days of the date of this letter, I intend to file a Complaint for Mandamus at Essex Superior Court for the purpose of asking that the court order you to fullfill your responsibilities as building inspector under Chapter 40A of the General Laws of the Commonwealth of Massachusetts. Very truly yours, Robert J. Annese RJA:bc N EXHIBIT 7 ROBERT J. ANNESE ATTORNEY AT LAW 99 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 December 2, 1987 Town of North Andover Zoning Board of Appeals Andover Town Hall North Andover, MA 01845 TELEPHONE 646-4911 Re: Zoning Board of Appeals Decision dated August 15, 1985 Petition Number: 50-85 Date of Hearing: August 12, 1985 Petitioners: W. Thomas Bower/Louise A. Bower Gentlemen: I am the attorney for Mr. and Mrs. Paul S. Connors of 18 Autran Avenue, North Andover, Massachusetts. Your Board granted a variance to Mr. and Mrs. Bower on August 15, 1985 sufficient to allow Mr. and Mrs. Bower to construct a 30' x 28' two story residential dwelling on their lot on Autran Avenue, which lot abutts the property of my clients, Mr. and Mrs. Paul S. Connors. In fact, the building which is currently under construction by a contractor who purchased the lot from Mr. and Mrs. Bower is far in excess of 30' x 28' with regard to its dimensions. I have written to the Building Inspector on two separate occasions and my client, Mr. Paul Connors has spoken with him on more than one occasion as well with regard to the discrepancy between the building being constructed on the subject lot and the building which is allowed to be constructed in accordance with' the terms of your August 15, 1985 decision. I have prepared a Complaint for mandamus which I am going to file at Essex Superior Court for the purpose of requesting that the Court order the Building Inspector to enforce the terms of your Zoning Board of Appeals decision with regard to the dimensions of the structure being constructed on the subject lot. Prior to my filing the Complaint in Court, I am taking this opportunity of bringing the above referred to information to your attention and requesting that your Board take appropriate action to enforce the terms and substance of your Zoning Board of Appeals decision dated August 15, 1985. May I please hear from your Board in connection with this request. Very truly yours, Robert J. Annese RJA:cmr cc: Mr. and Mrs. Paul S. Connors TELEPHONE 646-4911 EXHIBIT 8 Building Inspector Town Hall North Andover, Mass. ROBERT J. ANNESE ATTORNEY AT LAW 99 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 October 7, 1988 01845 Attention: Mr. Daniel McConaghy Re: My client, Paul S. Connors of 18 Autran Avenue, North Andover, Massachusetts Zoning Board of Appeals' decision dated August 15, 1985 Petition Number 50-85 Date of hearing August 12, 1985 Petitioners - W. Thomas Bower/Louise A. Bower Dear Mr. McConaghy: I am sending along a copy of my letter to you dated September 30 of 1987 and another letter dated November 13 of 1987. The substance of the facts contained in both letters has brought to your attention a zoning violation in connection with the above referred to real estate, specifically, that the Zoning Board of Appeals granted a variance to Mr. and Mrs. Bower on August 15 of 1985 sufficient to allow them to construct a 30 by 28 two story residence dwelling on their lot on Autran Avenue. As I mentioned in each of the aforementioned letters, the building which is being constructed is far in excess of the 30 by 28 dimensions allowed in accordance with the substance of the Zoning Board of Appeals' decision. To date, you have not responded to my two separate letters to you nor has the Zoning Board of Appeals which in turn received a letter from me dated December 2 of 1987, a copy of which is enclosed. Consider this letter as a demand by the abutters to the above referred to real estate, my clients, Mr. and Mrs. Paul S. Connors, that you enforce the terms of the Zoning Board of Appeals' decision in case number 50-85, i.e., W. Thomas Bower/Louise A. Bower, dated August 12 of 1985 and that you enforce the provisions of the Zoning Bylaw for the Town of North Andover, by causing construction at the property site to cease and/or revoking any building permit which may have issued in this matter. .t Mr. Daniel McConaghy Building Inspector October 7, 1988 Page 2 If I do not receive a response from the your office within 14 days of the date of this letter, then I will consider such non- response to be an indication by you to my office that you are in fact not going to take any action in connection with this demand. RJA:md enc. cc: Kopelman & Paige, P.C. Certified Mail Return Receipt Requested Very truly yours, Robert J. Annese EXHIBIT 9 ROBERT J. ANNESE ATTORNEY AT LAW 99 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 October 24, 1988 TELEPHONE 646-4911 Zoning Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 Re: Board of Apeals Decision dated August 15, 1985 Petition No. 50-85 Hearing Date: August 12, 1985 Petitioners: W. Thomas Bower and Louise A. Bower My clients:- Mr. and Mrs. Paul S. Connors -� 18 Autran Avenue, North Andover Gentlemen: Please be advised that Mr. and Mrs. Paul S. Connors, of 18 Autran Avenue, North Andover, Massachusetts, do herewith appeal the determination of D. Robert Nicetta, Building Inspector for the } Town of North Andover, contained in a letter to me dated October 18, 1988, declining to take action with respect to ordering the cessation and/or revocation of the permit issued in connection with the Petition of the Board of Appeals Case No. 50-85 which was the subject matter of a hearing before the North Andover Zoning Board of Appeals on October 12, 1985 regarding property owned by W. Thomas Bower and Louise A. Bower. I am sending along copies of letters dated September 30, November 13, and December 2, 1987, and a copy of a letter dated October 7, 1988, all sent by me to the Building Inspector for the Town of North Andover requesting that he cause construction of the above referred to property to cease and/or that he revoke any building permit which may have issued in this matter. All of the above referred to letters are incorporated into this. appeal letter to your Board. Zoning Board of Appeals October 24, 1988 Page 2. I am also affixing a copy of the letter from the Building Inspector to me, dated October 18, 1988, referred to above, together with a copy of the pertinent Zoning Board of Appeals decision, all of which documents are also affixed to this letter and incorporated into its contents by this reference. rj a/nd certified mail return receipt requested CC. Jane O'Malley, Attorney Kopelman and Paige 77 Franklin Street Boston, MA 02110 CC. Mr. and Mrs. Paul S. Connors 18 Autran Avenue North Andover, MA 01845 Very truly yours, Robert J. Annese EXHIBIT 1 p KAREN H.P. NELSON, DIRECTOR October 18, 1988 Robert J. Annese, Esq. 99 Massachusetts Avenue Arlington, MA 02174 Re: Board of Appeals Decision dated August 15, 1985 Petition #50-85 Hearing date - August 12, 1985 W. Thomas Bower & Louise A. Bower Dear Sir: In response to your demand dated October 7, 1988 requesting that I enforce the provisions of the Zoning By -Law of the town of North Andover by caus- ing construction at the site to cease and/or revoke the Permit as may have been issued. In this matter, I decline to take any action. It is my opinion, based on my reading of the Board of Appeals decision dated August 15, 1985 and filed with the Town Clerk, August 16, 1985, that the building as constructed is consistent with the variance as granted by the Board of Appeals. It has come to my attention that the "Notice of Decision" contains language restricting the size of the building on the property. The decision of the Board of Appeals contains no such language and the decision of the Board of Appeals is controlling when there is a discrepancy between the "Notice" and the actual Decision. I have attached copies of both of these documents as well as a copy of a Memo by the Board of Appeals filed with the Town Clerk on August 30, 1985 which clarifies the intent of the Board in -this matter. Very truly yours, D. Robert Nicetta, Building Inspector /gb cc: Jane O'Malley, Atty.,Kopelman & Paige Dir., DPCD Enc. O� "Ow ry ...•. of Town OFFICES OF:?' 120 \4t�in Strc c t North Andover, APPEALS NORTH ANDOVER BUILDING Massachusetts n 1845 CONSERVATION e"" DIVISION OF (f 1 7) 680 4 7c, HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT EXHIBIT 1 p KAREN H.P. NELSON, DIRECTOR October 18, 1988 Robert J. Annese, Esq. 99 Massachusetts Avenue Arlington, MA 02174 Re: Board of Appeals Decision dated August 15, 1985 Petition #50-85 Hearing date - August 12, 1985 W. Thomas Bower & Louise A. Bower Dear Sir: In response to your demand dated October 7, 1988 requesting that I enforce the provisions of the Zoning By -Law of the town of North Andover by caus- ing construction at the site to cease and/or revoke the Permit as may have been issued. In this matter, I decline to take any action. It is my opinion, based on my reading of the Board of Appeals decision dated August 15, 1985 and filed with the Town Clerk, August 16, 1985, that the building as constructed is consistent with the variance as granted by the Board of Appeals. It has come to my attention that the "Notice of Decision" contains language restricting the size of the building on the property. The decision of the Board of Appeals contains no such language and the decision of the Board of Appeals is controlling when there is a discrepancy between the "Notice" and the actual Decision. I have attached copies of both of these documents as well as a copy of a Memo by the Board of Appeals filed with the Town Clerk on August 30, 1985 which clarifies the intent of the Board in -this matter. Very truly yours, D. Robert Nicetta, Building Inspector /gb cc: Jane O'Malley, Atty.,Kopelman & Paige Dir., DPCD Enc. RECt:!uF-; 0A Tu3'*!j ` ROBERT J. ANNESE "VER ATTORNEY AT LAW / U An 19 fMASSACHUSETTS AVENUE NRTON, MASSACHUSETTS 02174 January 27, 1989 Town Clerk Town Hall North Andover, MA 01845 TELEPHONE 646-4911 FAX 646-4910 Re: Application of Paul S. Connors, et al to enforce provisions of Zoning Board of Appeals decision, dted August 15, 1985 Case No. 28-29 Dear Sir: Please take notice that the undersigned has appealed the decision of the Zoning Board of Appeals denying Plaintiffs' Application in the above matter, such decision being dated January 11, 1989. A Complaint pursuant to the provisions of Massachusetts General Laws Chapter 40A, Section 17, has been filed with the Land Court on this date. ;Very t rja/nd i`o rt RICE EV; T.d COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. PAUL S. CONNORS MAUREEN A. CONNORS, Plaintiffs vs. WALTER SOULE RAYMOND VIVENZIO ANNA O'CONNOR, and LOUIS RISSIN, as they Members of the Zoning Board of Appeals for the Town of North Andover LAND COURT DEPARTMENT Docket No./3 / 9 16 COMPLAINT IN ACCORDANCE WITH PROVISIONS OF G.L. c. 40A, SECTION 17 01 1. The Plaintiffs pursuant to G.L. c. 40A, j Section 17, appeal the decision of the Board of Appeals; of the Town of North Andover ("the Board of Appeals"), I denying the Plaintiffs' application requesting that the Building Inspector enforce the provisions of a Decision of the Zoning Board of Appeals, dated August 15, 1985, { allegedly granted in accordance with the provisions of G.L. c. 40A, Section 10. !! 1 2. The Plaintiffs, Paul S. Connors and Maureen A Connors, are residents of North Andover, Essex County, 1 Massachusetts. 3. The Defendants, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin, are Members op the Board of Appeals who reside in the Town of North j Andover as follows: Walter Soule 17 Raleigh Tavern Lane North Andover, MA 01845 Raymond Vivenzio 11 Appledore Lane North Andover, MA 01845 I Anna O'Connor Louis Rissin ! 88 Martin Street 59 Blueberry Hill Lane ` North Andover, MA 01845 North Andover, MA 01845; 4. The Plaintiffs own a parcel of land located at 18 Autran Avenue, North Andover, Essex County, Massachusetts, which lies in an R-4 zone, i.e. residential zone, as defined within the Zoning By-laws ; ! for the Town of North Andover. 5. W. Thomas Bower and Louise A. Bower owned a parcel of land abutting the property of the Plaintiffs on August 15, 1985, which lot was described as Lot 3 within the four corners of an Application for Variance which had been filed with the Zoning Board of Appeals of the Town of North Andover sometime prior to August 12, 1985. 6. Lot 3, which was owned by the Bowers, as aforementioned, contained 5,000 square feet of land, and the Application for Variance sought zoning relief from i the Lot Area, Street Frontage, Side Yard and Set -back Requirements of the Town of North Andover Zoning By-law in accordance with a Request to Construct a Single- family Residential Dwelling upon the Lot. 7. The Zoning By-law for the Town of North Andover provided for a 12,500 square foot lot area requirement, a 100 foot street frontage requirement, an a 15 foot side yard set -back requirement for construction of a single-family dwelling at the time th Application was filed. 8. The R-4 Residential Zone in which Lot 3 is located requires frontage of 100 feet and Lot 3 has only 50 feet of frontage. In addition, the proposed dwellinC� would have a side line set -back of 10 feet in an R-4 zoned district, and that zone requires a 15 foot sideline set -back. i 9. A public hearing was held by the Zoning Board of Appeals on August 12, 1985 and on August 15, 1985 the Zoning Board of Appeals granted the requested variance,] in accordance with the provisions of Section 7, { Paragraph 7.1, 7.2, 7.3. and Section 8. and Table 2 of the North Andover Zoning By -Laws so as to permit the i Bowers to construct a 30 ft. x 28 ft., 2 -story residential dwelling on Lot 3. 10. The Application for Variance which had 1 previously been signed by the Bowers also had requested; a building 30 ft. wide, 28 ft. deep, with a height of 2j stories. Consequently, the Zoning Board of Appeals' Decision was in conformity with the relief sought by the Bowers. (A copy of the Variance Application filed by. the Bowers, is affixed to this Complaint and incorporated into its terms by reference, and marked Exhibit 1). 11. The Bowers subsequently sold Lot 3 to a contractor who is now completing construction of a dwelling on Lot 3, the size of which greatly exceeds the permitted 30 ft. x 28 ft. building authorized by the j August 25, 1985 Zoning Board of Appeals Decision, and f{ which is also not in compliance with the Set Back Requirements of the Zoning Board of Appeals' Decision. In addition, the building as constructed is not in conformity with the size building requested by the Bowers in their Application for a Variance. 12. As soon as the Plaintiffs became aware of the fact that the size of the building being constructed oni Lot 3 exceeded the 30 ft. x 28 ft. dimensions, they i immediately brought that information to the attention of the Building Inspector for the Town of North Andover. Despite numerous in person and telephone discussions between Mr. Connors and the Building Inspector for the Town of North Andover well prior to October 1, 1988, the. Building Inspector took no action to instruct the contractor who was building the structure on Lot 3 to i comply with the terms of the Zoning Board of Appeals' i Decision as to the size and setback requirements of the! subject building. Mr. Connors first communicated with the Building Inspector for the Town of North Andover even while the foundation of the Lot 3 building was being excavated and constructed. 13. After determining that the Building Inspectot for the town of North Andover was not going to take action as aforementioned, the Plaintiffs contacted counsel and on September 30, 1987, November 13, 1987, December 2, 1987, October 7, 1988, and October 24, 1988; counsel for the Plaintiffs sent letters to both the Building Inspector for the Town of North Andover and the Zoning Board of Appeals for the Town of North Andover, requesting that the provisions of the Decision of the Zoning Board of Appeals as to the size of the structure: on Lot 3 and the building setbacks be enforced. 14. Finally, on October 18, 1988 a new Building Inspector for the Town of North Andover, D. Robert Nicetta, wrote to counsel for the plaintiffs, indicating that while the "Notice of Decision" of the Zoning Board II of Appeals contained language restricting the size of (; the building to be constructed on Lot 3, the actual decision of the board of Appeals contained no such restrictive language, and the substance of the Decision` controls rather than the substance of the Notice of Decision. No where,within the four corners of the �, October 18, 1988 letter to counsel for the Plaintiffs, ;j did the Building Inspector comment upon the fact that' i'; the Application for Variance filed by the Bowers j ft. x 28 ft. which was the size requested a building 30 of the building mentioned in the Notice of Decision i; issued by the North Andover Zoning Board of Appeals on October 15, 1985. I II Copies of the documents herein referred to are affixed i Ito this Complaint and incorporated into its terms by reference: -3- (1.) Notice of Decision.of Board of Appeals dated August 151 1985, marked Exhibit 2. (2.) Letter from Board of Appeals dated August 15, 1985 addressed to Mr. Daniel Long, Town Clerk, marked Exhibit 3. (3.) Letter from Board of Appeals addressed to W, Thomas Bower & Louise A. Bower, dated August 30, 1985, marked Exhibit 4. (4.) Letter from counsel for Plaintiffs to Building Inspector, dated September 30, 1987, marked Exhibit 5. (5.) Letter from counsel for Plaintiff to Building Inspector, dated November 13, 1987, marked Exhibit 6. (6.) Letter from counsel for Plaintiffs to Town of North Andover Zoning Board of Appeals, dated Decembe 2, 1987, marked Exhibit 7. (7.) Letter from counsel for Plaintiffs to Building Inspector for Town of North Andover, dated October 7, 1988, marked Exhibit 8. (8.) Letter of counsel for Plaintiffs to Town of North Andover Zoning Board of Appeals, dated October 24� 1988, marked Exhibit 9. (9.) Letter from D. Robert Nicetta, Building Inspector for the Town of North Andover, to Robert J. Annese, Esquire, dated October 18, 1988, marked Exhibit' 10. 15. As aforementioned in accordance with the provisions of G. L. c.40A Section 20, the Board of Appeals held a public hearing on the Plaintiffs' Application for Variance on August 121 1985, said Public Hearing having been duly advertised and proper notice given. 16. As mentioned previously on August 15, 1985, the Board of Appeals by a unanimous vote allowed the aforementioned appplication for Variance. 17. On August 30, 1985 the Zoning Board of Appeals filed with the Town Clerk's Office a clarification of its Variance Decision dated August 15,1 1985. The decision with respect to the August 15, 1985 granted variance was filed with the North Andover Town 1 Clerk's Office on August 16, 1985. A certified copy of the August 15, 1985 North Andover Decision is attached i hereto and marked Exhibit 2. -4- 18. Following receipt by Plaintiffs of the October 14, 1988 letter of the Building Inspector for the Town of North Andover advising the Plaintiffs that I he would take no action to enforce the provisions of thg August 15, 1985 Zoning Board of Appeals' Decision, the Plaintiffs filed an appeal from that determination 1! within the statutory time period to the North Andover Zoning Board of Appeals in accordance with the provisions of M.G.L. c. 40A Sections 7 and 8. (A copy i of such application is affixed to this Complaint and incorporated into its terms and identified as Exhibit 11) 19. The Zoning Board of Appeals held a hearing i connection with the Plaintiffs' Application to Enforce the Zoning Board of Appeals' Decision on December 13, 1988, and on January 11, 1989 the Zoning Board of Appeals denied the Plaintiffs' Application for Relief and upheld the decision of the Building Inspector contained in his October 24, 1988 letter to counsel for, the Plaintiffs, indicating that the construction on Lotl 3 did not violate the terms of the October 15, 1985 i+ Zoning Decision. A certified copy of the Decision of i the Zoning Board of Appeals was recorded in the Office i of the Town Clerk for the Town of North Andover on 4 January 12, 1989. (A certified copy of the board of I Appeals' Decision is attached hereto and marked Exhibit! 12) 20. The Zoning Board of Appeals' Decision erroneously indicates that the hearing in this matter occurred on January 10, 1989; however, as previously mentioned, such hearing occurred on December 13, 1988. 21-. The Plaintiffs are persons aggrieved within the meaning of G. L. c. 40A Section 17 as a result of the decision of the Board of Appeals in denying the Plaintiffs' Application for enforcement of the August 15, 1985 Zoning Board of Appeals' Decision. 22. The decision of the Board of Appeals in denying the Plaintiffs' Application, as aforementioned,' exceeded the authority of the Board of Appeals. WHEREFORE, the Plaintiffs respectfully pray that ' the Court: (1.) Hear all pertinent evidence and determine the facts; i (2.) Determine and adjudge that the Board of Appeals' Decision denying the Plaintiffs' Application for Relief is error as a matter of law and fact, and that the Board of Apeals exceeded its authority; ` -5- I (3.) Order the Building Inspector of the Town of North Andover to enforce the substance of the August 15, 1985 Zoning Board of Appeals' Decision; and (4.) Grant such further relief as justice and the rights of the parties may require. Respectfully, iU L S. NNORS REENi ; tONNORS Dated: January , 1988 -6- y 99 Mass •husetts Avenue Arlington, MA 02174 Telephone: 646-4911