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Home My WebLink AboutMiscellaneous - 185 MAIN STREET 4/30/2018 (2)a iin Q 0 LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD O APPEALS NOTICE R October 24, 1989 Notice Is hereby b that the Board of Appeals will give a hearingat the � , wn Building, North Andover, n Tuesdayevening MG 141n lay 4( ,.,rvember 1969, at 7:30 o'clock, to'all parties interested in the appeal of Ronald F. Polione requesting a variation of Sec. 7.2 & Table 2 & Special Permit of Sec. 4.122(14) of the Zoning By Law so as to permit Interior construction to convert 2 family to 4 family and relief of 100' frontage on the premises, located at 185187 Main Street. By Order of the Board of Appeals Frank Serio, Jr., Chairman 10/26/89 & 11/02/89 LEGAL NOTICE Or 1 ,Jtu�`4A. TOWN CIF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of AppealsOctober 24, willgive a hearing at the Town Building, North Andover, on Tuesday evening the 14th day of November 1989, at 7:30 o'clock, to all parties interested in the appeal of Ronald F. Pollone requesting a variation Of Sec. 7.2 & Table 2 & Special Permit of Sec. 4.122(14) of the Zoning By Law so as to permit Interior construction to convert 2 family 10 4 family and relief of 100' frontage on the premises, located at 185187 Main Street. By Order of the Board of Appeals 10,126189 & 11/02/89 Frank Serio, Jr., Chairman :r 9 TOWN OF NORTH ANDOVER t MASSACHUSETTS r BOARD OF APPEALS NOTIC ...Octobe.r..24 .... { Notice is hereby given that the Board of Appeals will 19. 8.9 give a hearing at the Town Building, North Andover, on. Tuesday . ....evening...... the 14th da Y of ..Novembex.......... . 19..89 at..7 30r1oc1;, to all parties interested in the appeal of .Ronald. F....Pollone...... requesting a variation of Sec, .7.2 Table . 2 . & . of the Zonin • g BY Law so as toSpecial Permit of Sec. 4.122 (14) permit .................. . Int.erior.construction..to-convert 2 -family to -4 -family and relief of 100' frontage. .................................... ........................... ........ on the premises, located at..... . 185-187 Main Street ... B Order of thBoard of Appeals y, rank Serio, Jr. ,,,�hairman Publish in N.A. Citizen on October 26 & November 2 Bill to: Ronald F. Pollone, 187 Main St. 1989 North Andover, MA 01845 Q KoPELMAN AND PAIGE, P.C. LEONARD KOPELMAN 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 RICHARD BOWEN CHERYL ANN BANKS Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 March 28, 1990 Re: Ronald Pollone v. Board of Appeals of the Town of North Andover Essex Superior Court C.A. No. 88-2315 Dear Members of the Board of Appeals: (617) 451-0750 FAX 451-1863 I am pleased to inform you that the plaintiff, Ronald Pollone, has agreed to dismiss the above -entitled action against the Board. I have filed a Stipulation of Dismissal with the Court which has been executed by both parties. We are pleased with this favorable result for the Town. JBB/CAB/kac cc: Board of Selectmen Very truly yours, Joe B. Bard tt 0 LEONARD KOPELMAN 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 RICHARD BOWEN CHERYL ANN BANKS KOPELMAN AND PAIGE, P.C. Mr. Ronald F. Pollone 187 Mainee"" -- North.dover, MA 01845 ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 March 20, 1990 ,,Ronald F. Pollone v. Blard of Appeals of -.,the Town of North Andover Essex`,uDerior Court�C.A. No. 88-2315 Dear Mr. Pollone: (617) 451-0750 FAX 451-1863 Please find enclosed a Stipulation of Dismissal which has been executed on behalf of the Board of Appeals for the Town of North Andover in connection with the above -entitled action. As we discussed, please review the Stipulation and, if you find it proper as to form and content, please execute the Stipulation and return it to my attention so that I may file it with the Court. I have enclosed a self addressed, stamped envelope for your convenience. Thank you for your cooperation in this matter. Very truly yours, Cheryl A. Banks CAB/kac Enclosure cc: Board of Selectmen Zoning Board of Appeals COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. RONALD F. POLLONE, Plaintiff W BOARD OF APPEALS, TOWN OF NORTH ANDOVER, MASSACHUSETTS, FRANCIS SERIO, JR., ALFRED FRIZELLE, WILLIAM SULLIVAN, LOUIS RISSIN, WALTER SOULE, AUGUSTINE NICKERSON, AND ANNA O'CONNOR Defendants SUPERIOR COURT C.A. NO. 88-2315 STIPULATION OF DISMISSAL Pursuant to Rule 41(a)(1)(ii), the plaintiff, Ronald F. Pollone, and the defendants, Francis Serio, Jr., Alfred Frizelle, William Sullivan, Louis Rissin, Walter Soule, Augustine Nickerson, and Anna O'Connor as they are the members of the Board of Appeals of the Town of North Andover, herein have stipulated that this action on behalf of Ronald F. Pollone, plaintiff herein, be dismissed with prejudice and without costs. Ronald F. Pollone, Pro Se 187 Main Street North Andover, MA 01845 Joel B' Bard (BBO# 029140) Cheryl A. Banks (BBO# 550751) Attorneys for defendants Kopelman and Paige, P.C. TOWN COUNSEL 77 Franklin Street Boston, MA 02110 k tl- y SSNCHUSE TOWN OF NORTH ANDOVER V MASSACHUSETTS BOARD OF APPEALS February 14, 1990 Kopelman and Paige, P.C. Attorneys at Law Suite 1000 77 Franklin Street Boston, MA 02110 Attention: Cheryl Banks RE: 'Pollone decision 48649, dated 11/16/89 Stella decision #7-88, dated 8/15/88 Dear Ms. Banks: Per our telephone conversation of this date, I am enclosing the copies of the files you requested. If you need any further information, please call. Sincerely, BOARD OF APPEALS Audrey . Ta Y lore Secreta y Enc. /awt Any' appeal shall be filed wit' -in (20) days after the f. ui:.. of filing of this Notice in the Office of the Town Clerk. *********************** * * Ronald Pollone * 185-187 Main St. * N. Andover, MA 01845 * *********************** `EI,._ i,, NORTH OF qti ^ Fx% NOV 16 it 114 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: 486-89 DECISION The Board of Appeals held a regular meeting on Tuesday evening, November 14, 1989 upon the application of Ronald Pollone requesting a variation from the require- ments of Section 7.2 and Table 2, and a Special Permit of Section 4.122(14) of the Zoning bylaws so as to permit interior construction to convert a 2 -family dwelling to a 4 -family dwelling and relief of 100' frontage on the premises located at 185-187 Main Street. The following members ere present and voting: Frank Serio, Jr., Chairman, Walter Soule, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on October 26, 1989 and November 2, 1989 and all abutters were notified by regular mail. Upon a motion made by Ms. O'Connor and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the variance and Special Permit as requested. The Board finds that the granting of this variance and Special Permit will not be a detriment to the neighborhood and will not nullify or substantially derogate from the intent and purpose of the bylaws. Dated this 16th day of November, 1989. Sincerely, BOARD OF APPEALS Frank Serio, Jr.' Chairman /awt NOTICE OF DECISION Ronald Pollone 185-187 Main St. November 16, 1989 N. Andover, MA 01845 Date ............................ Petition No ....... 86-89 Date of Hearing ... November 14,. 1989 Petition of ..... Ronald. Pollone Premises affected ........ l$5-.1$? .Main. st............................................... . Referring to the above petition for a variation from the requirements of t1W. S c c tion . 7.2 . and Table 2, and a Special Permit of Section 4.122(14) of the Zoning Bylaws. ......................................................................................... so as to permit .. interior. construction .to. convert. 2. family. to. .4..family. dw.elliug.. . and relief of 100' frontage .........................:.............................................................. After a public hearing given on the above date, the Board of Appeals voted to ..GRANT..... the variance. .&. Special. Permit. ..as.,.requested hereby authorize the Building Inspector to issue a ....................... permit to Ronald•Pollone.......................................................... .'L.• Z,•t ,•, :Lry. •.Lo. �Zo .� ll'! y :L°l'V'c '.Y�� :t ..L, •yrL�• ��• •n�;�� wv a Signed Frank Serio, Jr.,`Chairman ............................. ...... Walt.er. . Soule..... I ................ Raymond, Viyenz.io............... Anna. .0'.Connor.................. Louis .Rissixt .................. Board of Appeals f be f+d� S ,.. A 10" ? • 1855 .q '"•.ssgcHu9��,�` P10 R 7 ' 'OVER n appeal shall A Y s 1201 day of to . �•...v�� NOV Is I I i. 4 �A �� Within t"'ng of this i'`OtiCe "Cows TOWN OF NORTH ANDOVER date of Offi- .. the MASSACHUSETTS tt� in e Clerk BOARD Of APPEALS NOTICE OF DECISION Ronald Pollone 185-187 Main St. November 16, 1989 N. Andover, MA 01845 Date ............................ Petition No ....... 86-89 Date of Hearing ... November 14,. 1989 Petition of ..... Ronald. Pollone Premises affected ........ l$5-.1$? .Main. st............................................... . Referring to the above petition for a variation from the requirements of t1W. S c c tion . 7.2 . and Table 2, and a Special Permit of Section 4.122(14) of the Zoning Bylaws. ......................................................................................... so as to permit .. interior. construction .to. convert. 2. family. to. .4..family. dw.elliug.. . and relief of 100' frontage .........................:.............................................................. After a public hearing given on the above date, the Board of Appeals voted to ..GRANT..... the variance. .&. Special. Permit. ..as.,.requested hereby authorize the Building Inspector to issue a ....................... permit to Ronald•Pollone.......................................................... .'L.• Z,•t ,•, :Lry. •.Lo. �Zo .� ll'! y :L°l'V'c '.Y�� :t ..L, •yrL�• ��• •n�;�� wv a Signed Frank Serio, Jr.,`Chairman ............................. ...... Walt.er. . Soule..... I ................ Raymond, Viyenz.io............... Anna. .0'.Connor.................. Louis .Rissixt .................. Board of Appeals t � ' "itecei"d by Town Clerk: RECEIVES U. TWIJ! C%�RK NO RTH A C'��R #� ( TOWN OF NORTH ANDOVER, MASSACEIUSETTS�/ �j % t - BOARD OF APPEALS TEL:1f168 �(�� 3. [ ' 8 9 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant RONALD F. POLLONE Address 187 Main St., NO. Andover, MA 1. Application is hereby made: ja) For a variance from the requirements 'of Section 7.2 Paragraph 1 and Table* 2 of the Zoning By Laws. b) For a Special Permit under Sectioiaragraph-14--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 aLf.e�ked are land X and buiLding(s) X _numbered 185187 111A1 !V Street. b) Premises affected are property with frontage on the North ( ) South GC4 East ( ) West ( ) side Street, and known as No. _ 1_$18.7_ blain-- _--- street . c) Premises affected are in Zoning District$__, and the premises affected have an area ofjj ,.QgD-square feet and frontage of 79 _feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): Ronald F. & Marlene 0,� p2jlQne------- Date of Purchase---VA947-9L__--Previous Owner i & M anks b)'. If applicant is not owner, check his/her interest in the premises: , Prospective Purchaser Lesee other (explain) 44 Size of proposed building:' front; feet deep; " .Height stories; _--feet. a) Approximate date of erection:_----__ b)Occupancy or use of eachfloor: Resiehtial _ c.) Type of construction: wLq!!'?_f:C3��—___ 0 feet front; 60 feet deep; S. Size of existing building :_ _ Height_--stories;-3�L_fcet. a) Approximate date of erection: -1861 — ----- residential b) Occupancy or use of each floor: c) Type of construction: wood frame _ 6. Has there been a previous appeal, under zoning, on these premises? 13 — If so, when? a9mil J987 ' /3.tha!n.� 4te�rior construction to convert 2 family to'four family. Description of relief sought on this petition "The right to convert' An',existixxg dwelling po ommodate.not more than five family units by �•pecial Permit. Variamee',#a frontage is less ...199--E9ne-fie&) -few' t ` g 260 ? ;. Deed 'recorded in the Registry of.Decds ill IIook' Pa e Land. Court Certificate No. Book Pa e ; the principal points upon which I base•my application are as follows: must be.statad in detail) S` (. Not:major exterior structural changes' shall iia, madeliich alter. the charac�er`�bf the existing nei ' or oo Iy nez oz's o the -west - nc ude a f ly residence and a 'tvignty unit QO_ i s, a t'nrPP ,fermi l• t x1 th hnai ness niM cg$;,. to the south, an el _� fri�i ami l •y� rwsi dente well d fit the nharartPr of thi_$ �;f lbOrhOOd. agree to pay the fili fee, advertising in newspaper, and incidental :xpenses* sign�ure of Petitio! errs k ;very application for action by the Board shall be made on a form approved Y. the Board. These forms shall be furnishes) by the Clerk upon request. � ;ny communication purporting to be an application shall be treated as mere notice of intention to seek relief until such, time;as it 'is on the i fficiaL application form. All information. called 'for by the form shall ;e furnished by the applicant in the manner therein^:prescribed. :±• very -application shall be submitted with a List of "Parties In Interest"• hich list shall-include.the petitioner, abutters, owners of land directly pposite on any public,or private street or way, and abutters to •the butters ;within:three hundred feet (300'.) of the property line of the etitioner• as they appear on the most recent applicable tax list, ?` otwithstanding that the land of any such owner is located in another city..'•.:`;; r town, the Planning Board.of the city or town,, and the Planning Board of very abutting city or town. Every application shall be submitted with an application charge cost in he amount' of '$25.00. In addition, the petitioner shall be responsible .;�;,•,, anyll costs involved in bringing the petition before the Board. or • and a ;::,. ;:.••I or inysts shall include mailing and publication, but are not necessarily;:''.;::';°,t± invited to these. very application shall be submi.tted with a plan of land approved by the pard: No petition will be brought before the Board unless said plan has een submitted. Copies of the Board's requirements regarding plans are ttached'hereto or are available from the Board of Appeals upon request. _ t LIST OF PARTIES IN INTEREST Name , Address { Add .:1 L A.Kala�i�jiarl` ......:......••••••e•••��# Second St P.?Eioosigiah...........e..........'.......J16 Second St J 'trr. C7 Cyr ............. s .........s .........34-36 Second St H !Matthesox'i...............................32. Second St �,• ;1 •. E: Murphy...............o..........s......2 Second St R. MOEVoy..0000.02a Second St Sturbridge Arms Condo Assoc 0. Box.:1:41 „► �illis rtnSt_v �-J & J Parrot' Roman Catholic Archdiocese of Boston ......196 Main St. (use additional sheets if•necessary) TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS .I7 As you know, the Board of Appeals has granted a variance/Special � Permit for land at / 1 Since twenty (20) days have elapsed without an appeal of this de- cision being filed, your plan has been endorsed by the Board. This plan, along with a certified copy of the Board's decision, must be recorded at the North Essex Registry of Deeds as soon as possible. Please pick up your plan at the Board of Appeals office at your earliest convenience. The certified copy of the decision may be obtained from the Town Clerk. If you have any questions, please call the Board of Appeals office at . 48a -G 54e3 NORTH +1410 3: • : o, O t ♦ ^ � t i ,SSACHUS�4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: Date:�Czaeav3o /f�J Enclosed is a copy of the legal notice for your application before the Board of Appeals. _ Kindly submit $ -57 Ov for the following: Filing Fee $� Postage $ oo t 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 6 Audrey W. Taylor, Clerk Or . 11 b 4.. Ck) � I- v v A t Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE NORT#1 - ? �:+ • o May o �� 0 Notice is hereby given that ~ p the Board of Appeals will give a hearing at the Town Building, North Andover, on �►� ,;;°:�'" Tuesday evening the 14th day SS�cHusE� t of June 1988, at 7:30 o'clock, to all parties interested in the appeal of Ronald F. PollorW requesting a variation of Sec. 12, Table 2 & Special Permit of Sec. 4.122(14)bf the Zon- ing By Law.so as to permit the right io convert any existing dwelling to accommodate not more than five (5) family units on the premises located at 185-187 Main St. r By Order of the Beard of Appeals Publish in North AndM over'Citiz ayedo6 and June 1988 .' 58249-0 1 o�O's 91e1s3 �1Os \V/ •alawallst,0 le pHpond teal 1S lut,st,ald IZ `L `011t,188off Auoauu0 w d 66 6 -901dJls -IS lueseald IZ `ua81t,� aC44 g IsIlaS es pen a leau `lea au0 w d OT:£ `ZZ CvjV`SspunS 81 `sla8low ap', L'Is 'uosuf"V `.Pli' la�llt,M 91 O 'Urd I uelsu}I'lg le 'IS poo8s0 Jt,a au TIL 'umolaBJoa >[e�allM 'J uale)I put, •lS a t, O �.ul gaaag 'g aueal `HH `molsreld l Q ZZ 'Pla�ogaS 6ZZ 'la[Anog 'S ll o �.p1, a8plg NpO le bii '7?I `lea aal q X 'auogdala.L PueI8u3 mall 'nu rrandwn,) cv g L 'w a ££.g `OZ CgT1l ' cepu3 [ `uosuMON 8010 pup "IS W13 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 3� •fir �t+:;. '$ May 24, 1988 Fo Notice is hereby given that # x the Board of Appeals will give + rt a hearing at the Town Building, North Andover, on sACHus Tuesday evening the 14th day of June 1988, at 7:30 o'clock, to all appeal of Ronald F. Pollone requesinParties variation of Secin • 12, Table 2 & Special Permit of Sec. 4.122(14) of the Zon- ing By Law so as to permit the right to convert any existing dwelling to accommodate not more than five (5) family units on the premises located at 185-187 Main St. By Order of the P_,oard of Appeals Publish in North Andover Citizenrank Mayerio26 andChaiJune 2n 1988 58249-0 r r v Cd b 0 0 0o Cd w pp 0 00 a� o u 00 cd 00 ca N N o d -,t: u � OD d v co N E w N ElN .r{ E+ G > N d cam: ti w IL C4 co m 00 Z Q 0 0 00 eo 4 w + Un aa) 4. N w cd +o ... p 4J 44 ��: :*� Cd w Cd � . Cd as w v • . 00En c 00 � ,__, Q) r. vim. .a � °; P4 9 as 41 0. c a Ronald F.Pollone * Petition #141-88 185-187 Main St. N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, August 9, 1988 upon the application of Ronald F. Pollone, 185-187 Main Street requesting a variance from the requirements of Section 12, Table 2 and a Special Permit of Section 4.122(14) of the Zoning ByLaws so as to permit the right to convert any existing dwelling to accomodate not more than five (5) family units on the premises located at 185-187 Main St., North Andover, MA 01845. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 26 and June 2, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the variance and Special Permit as requested. The Board finds that major external structural changes would be made,' as described in Paragraph;4.122(14)(a).of the ByLaws, should this petition be granted. The Board further finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.3 and Section 10.4 of the Zoning ByLaws and the granting of this variance and Special Permit would derogate from the intent and purposes of the Zoning ByLaws. Dated this 16th day of August, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt ,�► w C=CC to u) g iLJ t.J d NORT UJ U.J Ca OF ctEo o a q� -J (.i p LU CC C:1 O C.C3 �qsSACH 2 CM SACHU5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Ronald F.Pollone * Petition #141-88 185-187 Main St. N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, August 9, 1988 upon the application of Ronald F. Pollone, 185-187 Main Street requesting a variance from the requirements of Section 12, Table 2 and a Special Permit of Section 4.122(14) of the Zoning ByLaws so as to permit the right to convert any existing dwelling to accomodate not more than five (5) family units on the premises located at 185-187 Main St., North Andover, MA 01845. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 26 and June 2, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Sullivan and seconded by Mr. Nickerson, the Board voted, unanimously, to DENY the variance and Special Permit as requested. The Board finds that major external structural changes would be made,' as described in Paragraph;4.122(14)(a).of the ByLaws, should this petition be granted. The Board further finds that the petitioner has not satisfied the provisions of Section 10, Paragraph 10.3 and Section 10.4 of the Zoning ByLaws and the granting of this variance and Special Permit would derogate from the intent and purposes of the Zoning ByLaws. Dated this 16th day of August, 1988. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt cv a�N� cit ueriu't� p t� - E►s = ►raj y V---- 2 Ronald F. Pollone TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION 187 Main St. Date ... August. 15•,..1988.. • .... . N. Andover, MA 01845 141-88 Petition No. ...................... Date of Hearing.. August 9, 1988 Petition of........Ronald F. Pollone ......................................................................... Premises affected ..185-187. Main..S.t.............. Referring to the above petition for a variation from the requirements of Section. 12.,. Table 2 and Special Permit of Section 4.122(14) of the Zoning Bylaws .......................................................................................... so alto permit the right, to convert any existing dwelling to accommodate not more than five (5),family units. ............................................................................I.......... After a public hearing given on the above date, the Board of Appeals voted to .... DENY ..: the Varianceand Special Permit �X�lIXXf4X Signed ' Frank Serio, Jr., Chairman ............:.............................. Augustine Nickerson, Clerk William Sullivan Anna O'Connor ........................................ Louis Rissin ................................. Board of Appeals (TO PLA.INTIFF•S ATTORNEY: Pka.rc Circh• Tl pt —TORT-- MOTOR VI:HICLI: 'I'OItT — CONTRACT — l:QUITABIA: Rl:1.11:F — OTHER.) 5 0 0 o ESS, ss. ,, co COMMONWEALTH OF MASSACHUSETTS ..................... Ronald_ F... Pal.l_on.e........ ....................................... t:\. a— U. SUPERIOR COURT CIVIL ACTION No. JA ra�.t ............... Plaintiff (s) Board Of Appeals, Town of North Andover, etl51fendant(s) ......................................................... SUMMONS 0 To the above named Defendant: Board of Appeals, Et al 8 V You are hereby summoned and required to serve upon ... Rwsey... ..Rorawy............. _............................. , a c plaintiff's attorney, whose address is .....55 Md l.. Sti'2etr NOrth AttdOV2r, NiA , an answer to the . ............ 4 v 3 complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- 'manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk 0 G 0 of this court atSuperior..Ct.. either before service upon plaintiffs attorney or within a reasonable time thereafter. a 3 Unless otherwise provided by Rule 13 (a), your answer mast state as a counterclaim any claim which you i may have against the plaintiff which arises out of the transaction or occurrence that is the subiect matter of the 3 plaintiff's claim or you will thereafter be barred from making such claim in any other action. c .. r I _ROBERT L STEADMAR AWITNESS, T , Esquire, at Salem, the z 4 day of , in the year of our Lord one thousand w d A TRUE COPY ATTEST nine hundred and eiE hty- is r77 - Q N Ur ' U E d J z � Clerk NOTES: I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant, each should be addressed to the particular defendant. Office 1/30 COMMONWEALTH OF MASSACHUSETTS ESSEX. SS. RONALD F. POLLONE, Plaintiff VS. SUPERIOR COURT C.A. NO. rOMPT.A TNT BOARD OF APPEALS, TOWN OF NORTH ANDOVER, MASSACHUSETTS, FRANCIS SERIO, JR., ALFRED FRIZELLE, WILLIAM SULLIVAN, LOUIS RISSIN, WALTER SOULE, AUGUSTINE NICKERSON, AND ANNA O'CONNOR. Defendants PARTIES 1. The Plaintiff, Ronald F. Pollone, is a natural person, residing at 187 Main Street, North Andover, Massachusetts. 2. The Defendant, Board of Appeals, Town of North Andover, Massachusetts, (hereinafter the "Board of Appeals") is a -body politic having a principal place of business at 120 Main Street, North Andover, Massachusetts. 3. The Defendant, Francis Serio, Jr., a natural person, is Chairman and a duly appointed member of the North Andover Board of Appeals and resides at 250 Hillside Road, North Andover, Massachusetts. 4. The Defendant, Alfred E. Frizelle, a natural person, is a duly appointed member of the North Andover Board of Appeals and resides at 131 Appleton Street, North Andover, Massachusetts. 5. The Defendant, William Sullivan, a natural person, is a duly appointed member of the North Andover Board of Appeals and resides at 405 Salem Street, North Andover, Massachusetts. 6. The Defendant, Louis Rissin, a natural person, is a duly appointed member of the North Andover Board of Appeals and resides at North Andover, Massachusetts. 7. The Defendant, Walter Soule, a natural person, is a duly appointed member of the North Andover Board of Appeals and resides at 70 Raleigh Tavern Lane, North Andover, Massachusetts. 8. The Defendant, Augustine Nickerson, a natural person, is a duly appointed member of the North Andover Board of Appeals and resides at 100 Moody Street, North Andover, Massachusetts. 9. The Defendant, Anna O'Connor, a natural person, is a duly appointed member of the North Andover Board of Appeals and resides at 88 Martin Avenue, North Andover, Massachusetts. MITNT [SNF 10. Plaintiff realleges and incorporates herein the allegations made in Paragraphs 1 through 9 of this Complaint, as though fully said forth here. 1 11. On or about May 23, 1988 the Plaintiff submitted to the North Andover Board of Appeals, a request for a Special Permit under Section 4.122 (14) of the Zoning By-laws, and a request for a Variance from the.requirements of Section 12, table 2 so as to permit the right to convert any existing dwelling to accommodate not more than five (5) family units on the premises located at 185-187 Main Street, North Andover, Massachusetts 01845. 12. On June 14, 1988 a hearing was held by.the Board of Appeals on Plaintiff's request for a Variance and Special Permit. Several of Plaintiff's abutters were in attendance at said hearing and spoke in favor of Plaintiff's request for Variance and -Special Permit. Only one (1) abutter appeared to speak in opposition to Plaintiff's request for Variance and Special Permit. 13. After Plaintiff had presented his plans, his argument, letters in support from abutters and letters in support from the North Andover Fire Department, Building Inspector and Town Planner, with minor modifications, (See Attached Exhibits) the Board heard those in opposition to plaintiff's application. The opposition to Plaintiff's Complaint was completely based on an interpretation of Section 4.122 (14)(a). 14. Afer hearing all arguments at said public hearing the Board of Appeals took the matter under advisement, in order to confer with Town Counsel and the Town Planner with respect to the amendment of Section 4.122 (14)(a). 15. In May 1987 the town meeting, the Town of North Andover's legislative body, approved a change of Section 4.122 (14) to the Zoning By -Law, which change was recommended to the Town Meeting by the Town Planner and the Planning Board. 16. The law prior to May 1987 read as follows "No major exterior structual changes shall be made." This paragraph was altered to read "no major exterior structual changes shall be made which alter the character of the existing contends allows him to convert his two (2) family dwelling to a five (5) family dwelling, and it is an interpretation of this change that the Zoning Board of Appeals was seeking from the Town Planner. 17. The Plaintiff alleges that the character of Mr. Pollone's neighborhood would not be adversely affected or in any way changed by allowing plaintiff to convert his two (2) family home to a five (5) family dwelling. Plaintiff's abutters are: to the right of Mr. Pollone's property the Archdiocese of Boston, which maintains an office and three (3) apartments and a school directly abutting the rear of Mr. Pollone's property, across the street from Mr. Pollone's property there is a church and another school owned by the Archdiocese of Boston, on the left side of Mr. Pollone's property is a four (4) family structure and a condominium building comprising of twenty (20) units of condominiums. As one proceeds further down the street, the neighborhood becomes a commercial one, with a beauty parlor, banks, insurance and real estate offices, and other retail establishments. 17. Mr. Pollone's lot has 19,041 square feet. His lot is of sufficient size to accommodate a five (5) unit building, two (2) parking spaces per unit as required by the North Andover Zoning By-Law, and a new driveway. Mr. Pollone's lot is larger than the lot of land on which a condominium complex of twenty (20) units presently exists in that particular neighborhood. 18. A few days prior to the August 9, 1988 Board of Appeals public hearing, the Plaintiff enquired of the secretary of the North Andover Board of Appeals, whether she had been asked by members of the Zoning Board of Appeals to send a letter to the Town Planner and/or the Planning Board soliciting an opinion as to the interpretation of the Zoning By-Law change of Section 4.122 (14)(a). The Plaintiff alleges that the said secretary's answer was in the negative. 19. At the evening of the said public hearing, the Plaintiff enquired of the Town Planner whether he had rendered an opinion as to the interpretation of Section 4.122 (14)(a) to any member or members to the North Andover Zoning Board of Appeals. The Plaintiff alleges that the Town Planner's answer was in the negative. 20. On August 9, 1988 the Board of Appeals held a public hearing for the purpose of rendering its decision with respect to Plaintiff's application for Special Permit and Variance. At said hearing no input and/or materials from Town Counsel or the Town Planner or any other member of the Community Development Department were available. 21. Plaintiff alleges that the North Andover Zoning Board of Appeals did not confer with the Planning Board, the Town Plannar AnH/nr Tnwn (nnnSP_1 with respect to the interpretation of Section 4.122 (14)(a) of the North Andover Zoning By -Laws, as its members had represented they would at the public hearing on June 14, 1988 relative to Plaintiff's application for Special Permit and Variance as set out hereinabove.- 22. ereinabove. 22. The Board of Appeals in its decision dated August 16, 1988 and filed with the Town Clerk on the same date, found that "Major external structual changes would be made" in violation of Section 4.122 (14)(a). 23. In the North Andover Board of Appeals decision dated August 16, 1988, nowhere does the Board address the language contained in the second half of the first sentence of Section 4.122-•(14)(a). At its public hearing on June 14, 1988 the Board did not address the issue of the character of the neighborhood, although Plaintiff and Plaintiff's counsel raised and argued the issue. 24. The Plaintiff alleges that the North Andover Zoning Board of Appeals did not read the first sentence of Section 4.122 (14)(a) in its totality. But rather eliminated any consideration of the amended portion of said sentence by its reading and interpretation of. the first half of said sentence, without regard to a reading and interpretation of the second half of said sentence. 24. The Plaintiff alleges that North Andover Board of Appeals has not considered the By -Law change which occurred in May 1987 as outlined above, to the detriment of the Plaintiff. 25. The Board of Appeals exceeded its authority insofar as it acted on legally untenable grounds and/or in a manner which was unreasonable, whimsical, capricious or arbitrary. rnrimm Twn 26. Plaintiff realleges and incoporates herein the allegations made in Paragraphs 1 thourgh 25 of this Complaint, as though fully set forth here. 27. The Plaintiff has satisfied the provisions of Section 10, Paragraph 10.3 and 10.4 of the Zoning By -Laws. WHEREFORE, Plaintiff respectfully requests the following relief: a. That the Board of Appeals decision be annulled; b. That the Plaintiff's request for Special Permit and Variance be remanded to the Board of Appeals for further consideration under specific direction by the Court; C. Such other relief as justice and equity may RON POLLONE, Ron Pollone September 2, 1988 187 Main Street North Andover, MA 01845 (508) 686-1319 /eO NA -1-0 F. T o LL U /fir "315 P�A�/iv -/ FF V. ��ard of �v a;-i:E-, 4",Se, CZw�.Q � �Ce►-►�we�. -90-lt� P-!11�4 �Ghaq f�-. (6-8) 68r, --70b3 a /eO NA -1-0 F. T o LL U /fir "315 P�A�/iv -/ FF V. ��ard of �v a;-i:E-, 4",Se, CZw�.Q � �Ce►-►�we�. -90-lt� P-!11�4 �Ghaq f�-. (6-8) 68r, --70b3 September 2, 1988 CLERK'S OFFICE Salem Superior Court 34 Federal Street Salem, MA 01970 RE: Ronald F. Pollone VS: Board of Appeals et al Dear Sir/Madam: Enclosed for filing and docketing, please find a complaint with the entry fee. Very truly yours, Ron Pollone n � f/ 1 Batfaza c4. cYayss L 173 vValn c t teet .-No. c4ndovsz, z7Va&iaAu5,F-f !i 01 &45 of A`7 I T.f U{. ,,dl 7� 4, t Sturbridge Arms Condominium Association 173 - 175 Main Street North Andover, MA 01845 Re; Ronald F. Pollone Mr. Pollone has been a good neighbor to this Association; and he has done a great deal in improving and caring for his property. As direct abutters to Mr. Pollone's property, we feel stongl:y about supporting his request for 3 additional living units. We have seen the plans for this project and we are impresses with the quality of the design. This addition will blend right into the existing structure and into the neighborhood. We urge your appoval of Mr. Pollone's request! Sincerely yours, G� Robert L. Quinn, Trustee Of NORr" ,...._'• 11.0 OFFICES OF: o3°m Town of n APPEALS :.; :; NORTH ANDOVER BUILDING CONSERVATION @e "°gas DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR June 14, 1988 Board o4 Appeaz Town 044ice Building Noir th Andove t, MA Re: Petition o4 Ronatd Pottone/ 185-187 Main StAeet Genttemen and Madam: 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 Ptea/s e be advdz ed that I have no objection to the gttanting o{ Va r i.ance and Speciat Petcmit on above-mentioned petition, iso tong ws 4i t -e wat.P-.s o6 coneAete maysontty btocU cute cowstAucted between each o6 the 5 unitd, 6&om ceZZoA to hoo4. Vouhs tAuty, D. RobeAt Nicetta, Bu i e.ding I as pectora MmIll cc: D,iA. , DPCD OF NORiN1 �? Town of NORTH ANDOVER @8"CHU DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking, �n Planner DATE: June 1, 1988 RE: Special Permit, Section 4.12E(14) Convert Existing House to Five Family 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 Staff has met with Mr. Pollone and upon review of this application I have the following comments: (1) The parking spaces be screened with a 6' high solid wood fence and with landscaping to include both trees and shrubs. (2) The trash area be designated and properly screened with a 6' high solid wood fence. (3) The proposed driveway be narrowed (to 16' wide) to allow for the walk to be extended to the front walkway, and to reduce the pavement area to be placed on the site. Should the Board see fit to grant this special permit , the applicant should be notified that he must submit an application to the Planning Board for Site Plan Review. 1 OFFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING OF NORiN1 �? Town of NORTH ANDOVER @8"CHU DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR MEMORANDUM TO: Board of Appeals FROM: Scott A. Stocking, �n Planner DATE: June 1, 1988 RE: Special Permit, Section 4.12E(14) Convert Existing House to Five Family 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 Staff has met with Mr. Pollone and upon review of this application I have the following comments: (1) The parking spaces be screened with a 6' high solid wood fence and with landscaping to include both trees and shrubs. (2) The trash area be designated and properly screened with a 6' high solid wood fence. (3) The proposed driveway be narrowed (to 16' wide) to allow for the walk to be extended to the front walkway, and to reduce the pavement area to be placed on the site. Should the Board see fit to grant this special permit , the applicant should be notified that he must submit an application to the Planning Board for Site Plan Review. OF yORTH p * �o L SACHUs�t�y WILLIAM V. DOLAN Chief of Department NORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 To: Mr. Frank Serio, Chairman No. Andover Board of Appeals From: Fire Chief Dolan Re: Variance & Special Permit 185-187 Main Street Date: June 10, 1988 Tel. (617) 686-3812 The Fire Department has reviewed the proposed plan with the app- licant and I would have no objections provided the following re- quirements,as discussed with the applicant, are adhered to: 1. Each of the units have a residential sprinkler system in- stalled in accordance with NFPA 13D and North Andover Fire Department requirements. 2. The access way on the plan be installed as shown on the plan. I intend to be present at the June 14th meeting on this matter. William V. Dolan, Fire Chief "SMOKE DETECTORS SAVE LIVES" so .,&mme, .NO,YtA , ./!lam 01&4S June 9, 1988 Board of Appeals 120 Main Street North Andover, Ma. 01845 Dear Members, I am writing on behalf of Ron Pollone who wishes to build three apartments at the rear of his existing house. I have talked to Ron and he has explained what he wants to do. It is my opinion that the planned housing will be in good taste and attractive. It should improve the looks of that part of the neighborhood. I forsee no problems with this plan abutting St. Michael School. Sincerely, Sister Claire Theresa Principal 1423 Salem Street North Andover, MA 01845 June 10, 1988 Board of Appeals Town of North Andover 120 Main Street North Andover, MA 01845 Re: Proposed Apartments for Ronald F. Pollone To Whom It May Concern: We are writing to express our support for Mr. Pollone's plans to improve his property at 187 Main Street In our opinion the proposed addition is an appropriate use for the property. It has been tastefully designed and we feel it would not change the character of the neighborhood. Sincerely, 1A4 C� Michael and Elaine Morgillo �Y�r1 xf 11 5 ti4 4 Itl .s{y ry e � C June 12, 1988 Board of Appeals RE: Ronald F. Pollone 187 Main Street North Andover, MA 01845 To Whom it may concern: As a business owner, I support the conversion of residential property to multi -family dwellings within the environs of the downtown area, as opposed to the expansion of businesses in this highly.congested area. Dwelling units house potential consumers which are a major component of doing business; dwelling units within walking distance of the down- town shops will tend to increase foot traffic which, in turn, will benefit the businessman. Therefore I strongly support and endorse Mr. Special Permit under current zoning bylaws; dwelling units. Sincerely, Mi hael J. Qu nn Pollone's request for a allowing expansion to five y t f NORTH 9 e. .t,O 6 0 O _ 9 SSACHUS� .. TOWN OF NORTH'ANDOVER MASSACHUSETTS BOARD OF APPEALS Ronald F.Pollone * Petition 4141-88 185-187 Main St. N. Andover, MA 01845 * '` *. DECISION .The Board of Appeals held a public hearing on.Tuesday evening, August 9, 1988 upon °the application of Ronald F. Pollone, 185-187 Main Street requesting a variance from 'the requirements of Section 12, Table 2 and a Special Permit of Section 4.122(14) of the Zoning ByLaws so as to permit the right to,.convert any existing dwelling to °accomodate not more than five (5) family units:on the premises located at 185-187 Main St., North Andover,,MA 01845. The following members were present and voting: Frank 'Serio, Jr., Chairman, Augustine Nickerson,: Clerk, William Sullivan, Anna O'Connor and Louis Rissin. The hearing was advertised in.the North Andover; Citizen on May 26 and June 2, 1988 and all abutters were notified by regular mail ,- Upon a motion made by Mr. Sullivan and seconded•tby Mr. Nickerson, the Board voted, unanimou ��t�33 NY the variance and Special Permit as requested.The Board finds that majoZ t"Fu�al changes would be made, Ape�hcN-tha- should this petition be granted. The Boar in s that the petitioner has not satisfied the provisions of Section 10, Paragrag 10.3 and Section 10.4 of the Zoning ByLaws and the granting of this variance and Special Permit would derogate froni.the intent and purposes of the Zoping ByLaws. Dated this 15th day.of August, 1988. BOARD OF APPEALS Frank -'Serio, Jr. Chair,u n /awt Rdce ve,d by Town Clerk: RECEIVED DANIEL LONG TOWN CLERK *_ NORTH ANOOVER MAY 8 1123 AM tab TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS 683-6816 APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant` RONALQ_F_ PQLLONE ____ 1. Application is hereby made: ------Address 187 Main St., No_ Andover. MA a) For a variance from the requirements 'of Section 12 Paragraph and 'fable 2 of the Zoning By Laws. b) For a Special Permit under Section4.1212aragraph (14)Df 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) 185-187 Main _numbered Street. b) Premises affected are property with frontage on the North ( ) South (X ) East ( ) West ( ) side of Main__ Street, and known as No. 185-187 Main St. Street. c) Premises affected are in Zoning District R4 , and the premises affected have an arca of 19,_00±square feet and frontage of 9 -- feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): _�anaLd P - , Date of Purchase 7-19-79 -Previous Owner -j & M Spanks b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee 44 Size of proposed building: front; " Height -2 stories; 30 —_Leet. a) Approximate date of erection: — June 1988 Other (explain) feet deep; b) Occupancy or use of each floor:__ Residential_ c) Type of cons truction: __-Wood_Frame-`--_ 5. Size of existing building: ___ 30 _ feet front; 60 Height_21, 2_stories; 35_--f_cet . a) Approximate date of erection:--. 1861 b) Occupancy or use of cacti floor:__- Reside ial c) Type of construction:_Yo-off-Frame feet deep; 6. Has there been a previous appeal, under zoning, on these premises? ves _ If so, when?_a4) . __1987 The zoning bylaw has since been amended by Town Meeting which negates the repetitive petition rule. 7;. kDescription of relief sought on this petition Tb -e right to convert any. existing dwelling to accommodate not more than five -family units by Special 9 iiqrmit. 8. Deed recorded in the Registry of Deeds in Book `1.378 Page 260 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) U. No majorexteriorstructural changes shall be mad6"'which alter the character of the existing neighborhood. My neighbors to the -west include a Four -Family' residence and a twentx unit condominium; my-immedi.-ate neighbor to the east is - a three fam"ly with business 3=17777, —to the south., an elementary school. A 7Tve-Vam117y-fe-9T-d9nce wo.1-1 1-1-t-1n-fo is ne-1-g-T-lbornood quite well. I agree to pay the filing fe advertising in newspaper" and incidental expenses* _ a X, Sign,t Q-46 of P 1 t.io er_Fs .Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time -as it 'is.made on the officiaL application form. All information called for by the form shall be furnished by the applicant in the manner �hereiw..*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, -i owner is located in another city notwithstanding that the land of any such 1 Y .-_ or town, the Planning Board of tl city or town,.and the Planning Board of. every abutting city or town. *Every application shall be submitted with an application charge cost in - the amount of $25.00. In addition, the petitioner shall be' responsible .for any and all costs involved in bringing the petition before the Board..:.-," --,i! Such_costs shall include mailing and publication, but are not necessarily,.-., limited to these. Every application sl- I iall. be submitted with a plan of land approved P by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request.' LIST OF PARTIES IN INTEREST Name Address & Arek Kalaydjian 4 .Second St v ,Lisa 4 Peter Loosigian .46 Second St ,---John J & Gloria Cyr .34-36 Second St --Helen Matheson 32 Second St Elizabeth Murphy 26 Second St .-,Rose McEvoy 28 Second St /Slur �dge Arms--��o L. John J. Jr. & Judy Parrot Willis Catholic Archdiocese of Boston 196 main St LT (use additional sheets i 'necessary) 1? 11 R 0 .�t PLAN OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be'accompanied by five (5) copies of the following described plan: The size of the plan shall be 11 x 17, drawn to scale, 1 inch equals 40 feet; it shall have a north point, names of streets, zoning districts, names and addresses of owners of properties within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties. The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property Lines shall be verified in the field and shown on the plan. The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances, exits, driveways, etc. that are pertinent to the granting of the variance shall be shown. All proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as ledge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineering plan. When a variance is requested_to subdivide a parcel of land, the dimen- sions and area of the surrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted on the plan as such, and marked "approximate". The plan shall be signed and bear the seal of a registered surveyor or engineer.. Any plans presented with the petition shall remain a part of the records of the Board of Appeals. If 1_iving quarters are to he remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five (5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 1.1 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevations presented with the petition shall remain a part of the records of the Board of Appeals. For petitions requesting variation(s) from the provisions of Section 7, Paragrpahs 7.1., 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appea.Ls provided: 1. The dwelling(s), structure(s), or buildings) were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to the dwelling(s), structure(s), or building(s) which will re- sult in the need for the issuance of a building permit. 3. The size of the ptan shalt he no smal_l.er than 8 1/2 x 11 inches and must show the exi.sti.ng area of the parcel, the existing frontage, and the existi.ng setbacks of the dwelling(s), structure(s), or huiLding(s) being conveyed. 4. Proper space is provi.,led on the plot plan for the Board's signatures, as well as adequate space for the following information: date of fi.ting, date of public hearing, and date of.. approval. T P L AN 187 Main Street Scale: 111=401 No. Andover, Massachusetts July 12, 1979 Buyer: Ronald F. Pollone 570 F k' �oriv1:/ld. w '7c3.(). PROJ. I� _1 2.4' 4.7' N� Z.8' 1 2.4 n \ 1 22 9'_ Z YZ 5TRY. rn IL 41P I C aQ L 24.3' Z ZLd Zv 4 0 u I r a�Q IC),IX 189 L �% Z z N LL r Q Q Ld 0 W v � CMARIE� f' n Z i c{7MnN�' �yi 4 '5 C)! 36 `^I CYR ENGINEERING SERVICES, INC. 300 CANAL STREET LAWRENCE, MASSACHUSETTS NIF ��C�CESC A2C H N.B.- Do not use offsets for establishing lot lines :;NOTE: This is not a survey and is for the erection of fences, walls hedges, etc. to be,used for mortgage pur poses only. I hereW certify that the 'building on this property is located as shwon on plan and complied with the Building and Zoning Laws of the Town of North Andover when constructed. NpRT11 e 1° p IL • SUCK TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: 2-6' Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. r: Kindly submit o -o for the following: ice Filing Fee $ Postage $ ,5` • �-c �� b 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 W Audrey W. Taylor, Clerk 7-0 i 4 I' k pd� ` 3\\g,� 1b� �� Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APQEALS NOTICE of James E. and Ellen of Sec. 2 Parag 2.37.1 including in-law suite residence Street. Publish 1988 March 21, 1988 Notice is�nereby given that the Board of Appeals will give a hearing'• at the Town Building, North Andover, on Tuesday evening the 12th day of April, at 7:30 o'clock, to all parties interested in the appeal M. Phelan requesting a Special Permit of the Zoning By Law so as to permit in construction of single-family on the premises located at Lot 4A, Appleton By Order of the Ward of Appeals Frank Seriu, Jr., Chairman North Andover Citizen March 24 and March 31, 53202-3 Legal Nouce TOWN OF NORTH ANDOVER MASSACHUSERS BOARD of APEPEALS March 21, 1988 Notice is hereby given that the Board of Appeals will give a hearing at the Town ndojer, on Building, North the 12th day Tuesday evening to all of April, at 7:30 o'clock, parties at in the al Pet of James E. and Ellen M. Phelan requesting aso a 2 Parag 2.37.1 of the Zoning By 12w so as tle-tamily rmit of Sec• construction of sing Appleton including in law S°remte ises located at Lot AA, App residence on the p rd of Appeals Street. By Order of the Boa Chairman Frank Seno, Jr., Publish in North Andover Citizen March 24 and March 53202-3 3 1988 �. Q APRIuA �:• 1855 J 9s • .. zo TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March 21 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 .12th day of .. April.............. .19. 8$ at. 7:30clock, to all parties interested in the appeal of James. E. 6..Ellen. M.Phelan ........ _ ll P rmit requesting a 911 S,ec.....2. , . Parag . of the Zoning . By Law so as to permit ................. 2.37 ... 1 .......... including .in-law. suite. in. construction ,of .... .....single-family.residence ........................ ............................................... on the premises, located at. Iot. 4A,. Appleton. atreet..... ..................................... I............... By Order of the Board of App als C_ Frank Seiro, Jr., Chairman Publish in N. A. Citizen on March 24 & March 31, 1988 b u V Lu 'Q OF NOHrN q�L '�s9 SACrH TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ***************************** * * James & Ellen Phelan * 56 Milk Street * N. Andover, MA 01845 * * * * * ***************************** Petition #: 124-88 DECISION /..ny ap.- _7,.1 s' -,all be fi!^d in the Office of. the Town Clerk. The Board of Appeals held a public hearing on April 12, 1988 on the application of James & Ellen Phelan requesting a Special Permit from the requirements of Section 2, Paragraph 2.37.1 of the Zoning ByLaw so as to permit including an in-law suite in the construction of a single-family residence on the premises located at Lot 4A, Appleton Street. The following members were present and voting: Frank Serio, Jr., Chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on March 24 and March 31, 1988 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Mr. Soule, the Board voted, unanimously, to GRANT the Special Permit as requested subject to the following conditions: 1. The premises be occupied by Margaret M. Phelan. 2. The Special Permit shall expire at the time Margaret M. Phelan ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit, grants to the Building Inspector or his lawful designee the right to inspect the premises annually. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.31 of the Zoning ByLaw and the granting of this Special Permit in particular will not derogate from the intent and purpose of the Zoning ByLaw nor will it adversely affect the neighborhood. Dated this 14th day of April. BOARD OF APPEAL Frank Serio, Jr.' Chairman /awt 05 -,a f ♦moi VAOLu RTry' Ljo D .'� w-•-iv-� +'�;.• i85s Com` A01 , cc Cr - C3 C:) TOWN OF NORTH ANDOVER ,4 MASSACHUSETTS James & Ellen Phelan 56 Milk St. N. Andover, MA 01845 BOARD Of APPEALS NOTICE OF DECISION P.ny enrn,71 Sha+•1 be filed C:"i ii. C"ii':., F"i�iCC iri the 01 iCe of tl"re Town Clerk. Date ... 14, 1988... _ .. _ , . . Petition No.. 124788 .... . .. . ... . . . Date of Hearing. April, Petition of . James. E. Elleo .Phelan ...................................................... Premises affected ...... Lot. 4A,. Appieton. S.t.............................................. Referring to the above petition for a Nxx n fromrWe requirements of tke . S e c t .2 , .... . Paragraph 2.37.1 of the Zoning ByLaw so as to permit .including. in-law . suite ..in . construct ion. ,o.£ .single -.Family............ re-sidence...................... . ................................. ...................... After a public hearing given on the above date, the Board of Appeals voted to GRANT ...... the Special . • • ................... and hereby authorize the Building Inspector to issue a Permit to .James & Ellen Phelan...... ....................................... for the construction of the above work, based upon the following conditions: 1. The premises be occupied by Margaret M. Phelan. 2. The Special Permit shall expire at the time Margaret M. Phelan ceases to occupy the family suite. 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership or corporation. 4. The applicant, by acceptance of the Crtificate of Occupancy issued pursuant to the Special Permit, grants to the NNYdding Inspector or his lawful designee the right to inspect the premises annually,___,,., Frank Serio, Jr., Chairman Augtistine" Nickerson Cletk........... William. Sul.11vam...................... Walter Soule ...................................... Raymond Vivenzio .................................. Board of Appeals ` Received by Tbwn Clerk: DANIELRECEIVED TOWN CLERK NORTH ANDOVER MAR 18 12 iG PM `88 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant _ l -L Eir/_A4 Pj5' LXIVAddress S''?1t_J// �% oda��,�/� 1. Application is hereby made: a) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section —Paragraph...7Af 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 1,1/and building(s) numbered_ Lai--lf'fi'_ Aplo'L57-010V .1 Street. b) Premise s� affected are property with frontage on the North ( ) South ('V) East ( ) West ( ) side of /9F10L�7-0 Street, and known as No.____ /-&-r _—�F _ _ �— Street. c) Premises affected are in Zoning District/?-/—, and the premises affected have an area ofd_square feet and frontage of CJD _feet . 3. Ownership a) Name and address of owner (if joint ownership, give all names): JRA E �iS�E/.1q r✓ 9' EG z _�_4/ M L ey N • Date of Purchase .Previous Owner Nfirl4 C- MIle, 4/F b) If applicant is not owner, check his/her interest in the premises: —Prospective Purchaser Lesee Other (explain) 44 Size of proposed building: f S" front; feet deep; " Height ,20,cTstories; 7—WO fit. a) Approximate date of erection: ST/}'RT /9,o0/?/,1- re b) Occupancy or use of each floor: 571,416L ,F,r'�oVAj/L y c ) Type of construction: IVt7aZ)` 5. Size of existing building: _____feet front; _ feet deep; Height stories; feet. a) Approximate date of erection: b) Occupancy or use of each floor: C) Type of construction: G. Has there been a previous appeal, under zoning, on these premises? If so, when? Signature of Petli t-io er (s) Ever application for action by the Board shall be made on a form approved ;by•the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an.application shall be treated as mere notice of*intention to seek relief until such time;as it 'is.made on the official application form. All information called -for by the form shall be furnished by the applicant in the manner therein;;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. P:`'r.►; *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be' responsible •for any and all costs involved in bringing the petition before the. Board.':.;,.' Such, costs shall include mailing and publication, but are not necessarily,:''.:: limited to these. Every application shalt be submitted 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.' t r LIST OF PARTIES IN INTEREST Name r%? aTiYy pw 72 /G/f, i /P/c-114,Gd d- 2E tl J) /5 s d E� n�rrU/G MT1p/a 7 k M �R ,0 //y .A PPG6'To/i/ sileisr /z 6141- Ty T2f/si v �dditiona'1 Lse a 'J Address 2 6 jppzF a 1 / /N IPP 4 6-1,0 tt/ 197 /,� OD' W�/A'GefSi�,� • •� � `" F2�M /N6 H� �cn • � a- � iv/� y�i�•6. S es i essar p 3/ -V sT . • .+rid 5 7;►Description of relief sought on this petition ':' ,Sp.66141- �0F2Mil �iCT6 —L2/cJl/ 8. Deed recorded in the Registry of Deeds in Book Page 3S 7 Land "ourt Certificate No. Book Page .' `:e :,The principal points upon which I base my application are as follows: (must be. stated in detail) 1 /YL i IA Z -7l9,6- 1P00 A o L is 2 �rA e 6,11?4 6 • W14Z- /va T /9d yrs 2 T fiE �p o EJ�j2�,g GF T/G ,.. N rrt:L � Fn a�1 fiiy f /.�t7 %�, ?.�J �° M s/l N612 /P2 6�t' ?./sri %�1 /�fY /- �tE / �1. W / `'/� $ E T/S/£ Q rvh .oEle S e -1/' .. . _�_M_ l ct,65>'/��/. �S �o� e�,tTN� /j�/2/5j7 •!ii:. TNe e4S£ .I agree to pay the filing fee, advertising in newspaper, and incidental expenses* ' Signature of Petli t-io er (s) Ever application for action by the Board shall be made on a form approved ;by•the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an.application shall be treated as mere notice of*intention to seek relief until such time;as it 'is.made on the official application form. All information called -for by the form shall be furnished by the applicant in the manner therein;;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. P:`'r.►; *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be' responsible •for any and all costs involved in bringing the petition before the. Board.':.;,.' Such, costs shall include mailing and publication, but are not necessarily,:''.:: limited to these. Every application shalt be submitted 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.' t r LIST OF PARTIES IN INTEREST Name r%? aTiYy pw 72 /G/f, i /P/c-114,Gd d- 2E tl J) /5 s d E� n�rrU/G MT1p/a 7 k M �R ,0 //y .A PPG6'To/i/ sileisr /z 6141- Ty T2f/si v �dditiona'1 Lse a 'J Address 2 6 jppzF a 1 / /N IPP 4 6-1,0 tt/ 197 /,� OD' W�/A'GefSi�,� • •� � `" F2�M /N6 H� �cn • � a- � iv/� y�i�•6. S es i essar p 3/ -V sT . • .+rid 5 J W � 30.�a-rte NpRTk 1 �? p0L 0 p S R � � T • ,S SACNUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date:,��y�� Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $_-�Y` for the following: Filing Fee $ „ / \0� 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 P. 87 — 9,— 9% — f R Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ; - �� .• �.y. oo March 4, 1987 G ^– c Notice is hereby given that * L p the Board of Appeals will give K i • • a hearing at the Town '� "•,,.,,; y.�y;l # B0Yd1:rry, North Andover, on 44 ;w'� Tuesday evening the 14 day of s�CMus April, at 7:30 o'clock, to all Of Ronald F. Pollone requesting aPartIes variation of Sec hq appeal 4.122 (14) and Table 2 8, Special Permit of Section 10, para 4 of the Zoning By Law so as to permit addition of three 1.v- ing units, for a total of five living units on the premis located t 185-187 Main Street. es, By Order of the Board of Appeals Frank Publish in North Andover Citizen March 12 & 19, 1Chairman4 Legal Noti,.z, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 4� oo March 4, 1987 t c Notice is hereby given that the Board of Appeals will give S • * 2 hearing at the Town Building, North Andover, on +,� b•;TM; ;,�(, Tuesday evening the 14 day of Js..CNApril, at 7:30 o'clock, to all of Ronald F. Pollone requesting a variation of pares Sec n th4 Pal 4.122 (14) and Table 2 & Special Permit of Section 10; Para 4 of the Zoning By Law so as to permit addition of three liv- ing units, for a total of five living units on the premises, located at 185-187 Main Street. By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen March 12 & 19, 1987 1114 Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE 01 tto—t March 4, 1987 4,..•0. ,.� do _ .• ,' 0 Notice is hereby given that F �~ p the Board of Appeals will give a hearing at the Town 's • '� Building, North Andover, on Tuesday evening the 14 day of April at 7:30 o'clock, to all sACMIlS parties interested in the appeal of Ronald F. Pollone requesting a variation of Sec. 4, Para. 4.122 (14) and Table 2 & Wal Permit of Section 10, Para 4 of the Zoning By Law so as to permit addition of three liv- ing units, for a total of five living units on the premises, located at 185-187 Main S ByOrder of the Board of Appeals Frank Serio, Jr., Chairman Publish in North Andover Citizen March 12 & 19, 1987 1114 y tt� �yORT/y 'ty �O a y: 1855 ' 1 qss �tttttt4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 4 ........ ....... 19.87 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. ..Tuesday evening ....... the 14... day of ...April...., . 19. 87, at 7: 3.Q)'clock, to all parties interested in the appeal of . . Ronald. F_. Pollone. requesting a variation of Sec..4:.Para....4.122(Wthe Zonin . ....... and Table2 & S ecial e mit By Law so as to permit .................... of ion 10, ara 4 ..addition.of threen ..living.uits,_for a total of five living units ......................................... i� ..........:............................................ ........................................ on the premises, located at..... 18.57187 _ Main .Street..... . By Order of the Board of Appeals oFr3lnk Serio Jr. airman Publish in N. A. Citizen on March 12 1.9, 1987 • t r.`R4 J llJf-t.. r; R ATR i ll z c� 14h 87 NORTH OF Nti ° '1 O O I- P SA 05 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * * * * * * * * * * * * Petition of: * Ronald F. Pollone 187 Main St. North Andover, MA * ,y be filed Pny ap9nal S,��. �' the aper notice Of ii,n� the TOwn in the afiice Of Clerk. Petition #: 51-87 DECISION The Board of Appeals held.a public hearing on April 14, 1987 on the application of Ronald F. Polline requesting a variance from the requirements of Section 4, Paragraph 4.122(14) and Table 2, and a Special Permit from the requirements of Section 10, Paragraph 4 of the Zoning ByLaws so as to permit conversion of a duplex to accomod- ate five (5) single family units, on the premises located at 185-187 Main Street. The following.members were present and voting: Frank Serio, Jr., Alfred Frizelle, Augustine Nickerson, Walter Soule and Anna O'Connor. The hearing was advertised in the North Andover Citizen on March 12 and March 19, 1987 and all abutters were notified by regular mail. The petitioner presented plans to the Board showing the intended three, single family units attached to the back of the duplex, all in one row. The Board findg, that this is not a conversion of the original dwelling, but -an addition. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board VOTED to DENY the variance and Special Permit as requested. The vote was unanimous. The Board finds that the petitioner has not satisfied the provision of Section 10, Paragraph 10.31 and Paragraph 10.4 of the Zoning ByLaws, and if granted, would derogate from the intent and purpose of the Zoning ByLaw and adversely affect the neighborhood. Dated this 21st day of April, 1987. BOARD OF APPEALS Frank Serio, Jr. �L Chairman /awt t `NORT/Nj t "��/Sr [ ��7 F� {-� A/IIIL7A •'gyp QyLlciiu� PR�TTTTYYfa Il 14 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION be appeal shall ttcr the Rny ;n 1201 csaYs t;otice w� to of ii`�iti�� of t�� he 1Nn to the of. clerk. Ronald F. Pollone 187 Main St. North Andover, MA 01845 Date ..... April 16, .1.987 . Petition No...... 51-8.7 .. , .. , . Date of Hearing ... April ,14 , . 19AZ 7 Petition of ......Ronald F.. Pollone..................................................... Premises affected .....185-187, Main, Stre.et ... ......................... .............. . Special Permit & Referring to the above petition fqr a variation from the requirements of RW.variance. of. S.eection 4, Paragraph .4, UU10, ,anti. $pedal, Fex.mi.t . of..S.ection. 10.,..Paragraph. 4. and .Table. 2 :of the Zoning ByLaws so as to permit .: c.onversion. .o.f .a,duplex .to. ac.commodate..five. single. family. units... . ......................................................................................... After a public hearing given on the above date, the Board of Appeals voted to ..... DENY..: the .variance.and. Special. Perm -it .. n � laexf uii�iiz c � x permittexxx .... as..requested.............................................................. i,, , •,.1 : n. .y 11 � �1/ :1/ . ��; s,'� /):.�: / /HJ., ,� . , ; 14'C't;41►,'�C�rt. rr,� Vote was unanimous to DENY the variance and Special Permit, voting were: Frank Serio; Jr., Alfred Frizelle, Augustine Nickerson, Walter Soule and Anna O'Connor. Signed ��✓f�ri��y/ Frank Seo, Jr.,.Chairman,., .Alfre,d .Fxlgel.le, .Vice-chairman ..........Augus.tine.Nirkerson,. Clerk.. ........ Walter. .Soule ................. ...Anna .O'.Connor ................ Board of Appeals - Received by Town Clerk:+? TOs - f SEB 11 3 39 '87 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Ronald F.—Pollone ---- --Address 187 Main St., North Andover,MA 1. Application is hereby made: 14 a) For a variance from the requirements ''of Section 4.122 Paragraph and Table 2 of the Zoning By Laws b) For a Special Permit under Section 10 Paragraph 4 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) X numberedl85-187 Main St., No. Andover, MA Street. b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of___Main— Street, ain_Street, and known as No. 185-187 Main Street. c) Premises affected are in Zoning Di.strictR4 , and t -he premises affected have an area of 19090 square feet and frontage of t 79 f e -e . — -- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Ronald F. & Marlene 0. Pollone Date of Purchase 7-19-79---- —Previous Owner J. Spanks a b) If applicant is not owner, check his/her interest in the premises: .Prospective Purchaser Lesee Other (explain) 44 Size of proposed building: _ front; feet deep; Height 2 stories; less_th�.n_feet. 35 a) Approximate date of erection:_ June, 1987__ Apt 3,4,5 Residential b) Occupancy or use of each floor :Office It f1Qc2nd floor residential c) Type of construction: Wood Frame 5. Size of existing building: 30 _ feet front;_ 60 feet deep; Height 22 stories; 35 feet. a) Approximate date of erection: 1860 b) Occupancy or use of each floor: Residential Office in home c) Type of construction: Wood Frame 6. Has.there been a previous appeal, under zoning,'on these premises? NO If so, when? 7 D'escri tion of relief sought on this petition P 9 P Right to add three living_ units to total five living.units 8. Deed recorded in the Registry of Deeds in Book '1378. Page 260 Land Court Certificate.No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail):,, In order to convert a duplex to accommodate five singl*'family units , as required under Town of North Andover Bylaws Section -4, paragraph 122(14) I agree to pay the es filin fee, -advertising in newspaper, and incidental expens --- - - I Sign ure of Petiti�� a lication for action b the Board .Every PP y o 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 .made on the official application form. All information called ;for by the form shall be furnished by the applicant in the manner thereins;:prescribed. Every application shall be submitted with a list oft "Parties In Interest".• which list shall include.the petitioner, abutters, owners of land directly .opposite on any public or private street or way, and abutters to -the abutters-within'three hundred feet (300') of the property line of the petitioner as they appear_on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or .town,,and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in - the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the. Board. Such -costs shall include mailing and publication, but are not necessaril limited to these. TA 14 Every application shall be submitted 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 s Name Address ✓ Lisa & Arek Kalaydjian 44 Second Street ,) ,/ Peter Loosigian '46 Second Street' John J & Gloria Cyr 34-36 Second -Street ,/ Helen Matheson 32 Second Street t/ Elizabeth Murphy' 26.Second Street r� t/ Rose McEvoy 28 Second Street �✓ Sturbridge Arms Condo Assoc., P.0 Box 141 >; v John J. Jr. & Judy Parrot Willis 181 ,Main Street Roman Catholic Archdiocese 1" of Boston 196 Main Street (use additional sheets if`necessary) St. Mic4aeC j iCecfory 196 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01645 April 10, 1987 Mr. Frank Serio Chairman Board of Appeals Town Hall North Andover, MA 01845 Dear Frank: I am writing to the Board of Appeals in support of Ron and Marlene Pollone's proposed addition to their property. Ron and Marlene have been parishioners since February, 1978 and neighbors since July, 1979. They have been and still are very actively involved in St. Michael's Parish. Ron and Marlene have shown and discussed their proposed addition with me. I feel that this proposal will have no negative impact on the neighborhood, as their immediate abutters include the Parish Religious Education Office with two apartments, the Parish School, the Condo Association of twenty units and a four family residence. The Pollones believe in giving back to their community and this can best be evidenced by their actions. Ron currently serves the town as a volunteer on the Selectmen's Balanced Growth Steering Committee. He has served on the Fire Department Computer Committee and was instrumental in that successful town meeting article. He currently serves as a Eucharistic Minister in St. Michael's Parish and is very active in the Holy Name Society. He is the inspiration and cook for over six annual spaghetti supper scholarship fundraisers. Marlene serves as a lunch mother at St. Michael's School, is active in the Guild and is a volunteer block mother. With this type of community and parish involvement, I can only believe that the Pollone's proposal will be a positive addition to our community and St. Michael's Parish. I wholeheartedly approve of the proposal. Sincerely, �I-r.Q- Rev. Paul J. Finegan Associate Pastor Sa4aza. c4. cYa yEs 173 eValn =Stzsst Ao. c4nd ovsz, AaiiarAiusst& 01845 USA 22 --1 O198T AMb 10 o � WILLIAM V. DOLAN Chief of Department WORTH ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street North Andover, Mass. 01845 To: No. Andover Board of Appeals From: Fire Chief Dolan Re: Request for Variance to Multiple Family Date: April 13, 1987 Tel. (617) 686-3812 I have discussed the multiple family dwelling unit proposed by Mr. Ron Pollone with him. Mr. Pollone has agreed to provide 3601 access around the building for Fire Department access. The units will be sprinklered in accordance with NFPA 13D and North Andover Fire Department requirements. Mr. Pollone has also agreed to this. The units are an extension of the existing building and not a completely separate structure which was our opposition to other projects. The units shall also have the house numbers clearly marked by each door and a suitable sign shall indicate the numbers on Main Street. I intend to be present at your April 14 meeting if you have any further questions of me regarding this matter. William V. Dolan, Fire Chief cc: Ron Pollone "SMOKE DETECTORS SAVE LIVES" % Sturbridge Arms Condominium Association 173 - 175 Main Street North Andover, MA 01845 i of N°RT,fq " OFFICES OF: oar '�. o° Town of ,. m 120 Main Street APPEALS .;:; NORTH ANDOVER North Andover,Massachusetts O 1845 BUILDING CONSERVATION @a�OXO DIVISION OF (617) 685-4775 HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR April 14, 1987 Board of Appeals Town Office Building North Andover, MA Re: Public Hearings Dear Sirs and Madam: 1 - Pollone, 185-187 Main Street: Mr. Pollone is seeking a variance o a ree dwelling units to the existing building. This section of the By -Law has always been interpreted as allowing the conversion of an existing building to more than two dwelling units. Granting a variance for an addition of this size to house three dwelling units is beyond the scope of this section and, in my opinion, a variance and special permit cannot be granted as requested. 2 - Kochanczyk, 61 Sylvan Terrace: The applicant has asked for a variance from the rear setback, but there is also a problem with the front setback from the street. It is only 29 ft. instead of the required 30 ft. The petition was properly advertised so -that the Board may,'legally address both setback variances. 3 - Coco, 164 Massachusetts Ave.: Mr. Coco is applying to your Board for a variance that would allow him to have two undersized lots. The petition is properly before your Board because appli- cation has been made under the proper sections of the By -Law. The plan requires signature blocks. 4 - William Davis, 891 Great Pond Road: Mr. Davis was referred to your Board for the necessary Special Permit to allow a family suite at 891 Great Pond Rd. I have reviewed the plans and find no problem and the petition is properly before your Board. Yours truly, 6 Charles H. Foster, Inspector of Buildings & Zoning Enforcement Officer CHF:gb cc: Dir., DPCD J� J lz�ad id,0o-G d'O��ouer;.,k'oeru�,e ✓1/o,4 -0-/(, OAKS April 10, 1987 Mr. Frank Serio, Chairman Appeals Board Town Hall, No.- Andover 01845 Dear Mr. Serio, My purpose in writing is to let you know that I support Ron Pollone'=s proposal to build two units at the rear of his Main St. home. This dwelling will overlook our schoolyard. There seems to be plenty of land and developing it will improve the area. Please grant Ron's request. Sincerely, Sister Claire Theresa Principal St. Michael School 0 TJ lz*i #. 1-3. t� I F4' "'4 td 001-1111' 0AMicl -D RT,�, r. �;� •i., iaa & s , . R TOWN OF NORTH ANDOVER B, MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION 1 hall be Dfter fih� ,vS � e witl�iti� 1201 ��.of o °ce Wn ok p`tce of the. ir• the ClerK. Ronald F. Pollone 187 Main St. North Andover, MA 01845 Date..,.. April 16.,..1987 ....... Petition No...... 51-8.7 ............ Date of Hearing... Ap r i 1 .14 1. M7 7 Petition of ...... Ronald F. Pollone............ ..... . Premises affected .....185-187. Main, Street ... .............. ........................ . Special Permit & Referring to the above petition for a variation from the requirements of W.variance. of. S.e.ction 4, Paragraph .4..UU14.), ,a ni, Sp.eolal. Permit. of. Section. .1.0,,..Paragraph.4. and .Table. 2..of the Zoning ByLaws so as to permit .. c.onv.ersion. .o.£ a. duplex .to, ac.c.ommodate..five. single. family. units... . After a public hearing given on the above date, the Board of Appeals voted to ..... DENY..: the .variance..and . Special .Permit .... andc��es�%�omlcDixBgdjkg�Rxc penni xxx ....as. requested............................................................ Vote was unanimous to DENY the variance and Special Permit, voting were: Frank Serio, Jr., Alfred Frizelle,' Augustine Nickerson, Waiter Soule and Anna O'Connor. Signed �.Frank.Serio,,Jr.,,Chairman,., . , , ... , .. ,Alfred ,Frizpjl. e .Vice-chairu►an ........... AugpAti,rie.Nicke.r:soo,. Clerk.. Walt.e.r..Soule................. ... Anna .O'. Connor ...........:... . Board of Appeals tow of ��' '•'14b 3j . 4n pL w M t t i �IfSSACHUSl1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: �)2 : 3_ it�.�7 Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ `t `7'0 for the following: Filing Fee $q.,p Postage $ TU Your check must be made payable to the Town of North Andover and r may be sent to my attention, at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS G Z_._. Audrey Taylor, Clerk