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Home My WebLink AboutMiscellaneous - 2 Autran Avenue j A AwrRAA 4venwf /l MAP �5 C Final a5 r u` \J cS�1 \V•` r (\ (c i C�vstr QeP p m,�dta* p�®H Hoeft do oir bmwa 400r �. /44� rgh ✓� �. �� 5 - o � IC,;; >. TO Kdiau Esc oVF_R Town of North Andover NORTH OFFICE OF 3�oy COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street KENNETH R.MAHONY North Andover,Massachusetts 01845 9SsACMuS�� Director (508) 688-9533 filed ufer the BOARD OF APPEALS F_�zfw of ;; :, of t1his Notice NOTICE OF DECISION lay the Office of the Town NOTICE 2 Autran Avenue _ ert.. Cobblestone Development Corp. Date: 11-17-95 c/o 240 Candlestick Road Petition# :058 -95 North Andover, MA 01845 Date of Hearing: 9-12-95 The Board of Appeals held a regular meeting on Tuesday evening, November 14, 1995 upon the petition of Cobblestone Development Corp. requesting variances pursuant to Section 7, paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw so as to permit the existing structure to remain in its present location, size and shape. The following members were present and voting: William Sullivan, Walter Soule, Scott Karpinski, Ellen McIntyre and Joseph Faris. The hearing was advertised in the North Andover Citizen on 10.25.95 and 11.1.95 and all abutters were notified by regular mail. Upon a motion by Walter Soule and seconded by Ellen McIntyre the board voted unanimously to Grant the following Variances: -relief of 7500 square feet of lot dimensional area from the required 12,500 square feet -relief of 50 feet from the street frontage requirement of 100 feet -relief of 5 feet from the front setback requirement of 30 feet -relief of 5 feet from the left side setback requirement of 15 feet Voting in favor: William Sullivan, Walter Soule, Scott Karpinski, Joseph Fans and Ellen McIntyre. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. BOARD OF APPEALS, Mli Sullivan, Irm n BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell • M 1 r' Town of North Andover kORTH OFFICE OF 3�0`t«eo ,e�etiO0 COMMUNITY DEVELOPMENT AND SERVICES60 146 Main Street * c 9 KENNETII R.MAHONY North Andover,Massachusetts 01845 9SS4 CHUS�t Director (508)688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 14th day of November 1995 at 7:30 o'clock to all parties interested in the appeal of Cobblestone Development Corp. requesting variances pursuant to section 7, paragraph 7.1, 7.2 ,7.3 and Table 2 of the Zoning Bylaw so as to permit the existing structure to remain in its present location, size and shape. Said premise is located at 2 Autran Avenue which is in the R-4 Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals 2 ADTRAN AVE William J. Sullivan, Chairman LEGAL NOTICE Notice sO hereby F NORTH ANDOVER given than the'Board of Ap- peals will hold a public hearing:at the Senior Citizen's Center located at the rear of Town Publish in the North Andover Citizen on 10.25.95 and 11.1.95. Hall Building, 120 Main Street,-North Ando- ver on Tuesday the 14th-day.bf November 1995 at 7:30 O'clock to all parties interested in the appeal of Cobblestone Develop- ment Corp, requesting variances pursuant to section 7,paragraph 7.1, 7.2, 7.3 and Ta- ble 2 of the Zoning Bylaw sons to permit the existing stlucture to remain in its present location, size and shape. Said premises is located at 2 Autran Avenue,which is in the 8-4 Zoning District. Plans are available for review at the Office of Community Develop- ment & Services, Town Hall Annex, 146, Main Street. By the Order of the Board of Appeals William J.Sullivan,Chairman North Andover Citizen:10/26/95& 11/1/95 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street•North Andover,Massachusetts 01845 Chen, S.J. 36 Algonquin Avenue North Andover, MA 01845 C NOV 1 31995 BOARD OF APPEALS Mr. William Sullivan, Chairman Board of Appeals No. Andover, Ma Dear Mr. Sullivan, We are property owners at 595 Mass. Ave North Andover and we share a boundary with 2 Autran Ave. and as such we are abutters of that property. It came to our attention yesterday through a neighbor that there is a public hearing regarding 2 Autran Ave. on 11 -14-95 and that notices were sent by your board to the other abutters to inform them of the hearing. Notice of that meeting was not sent to us. Because we were not given adequate notice of the public hearing, We would like to request that you reschedule it. It is impossible for us to rearrange our work schedules at this late date to attend the hearing to express our opinion on this issue as we would like to do. Leonard and Jane Mironovich �2 l �� Es tv— `�o 'own of North Andover �'�` gid. � ,�� PMCTZ �95 s 0 `` OFFICE OF COMMUNITY DEVELOPMENT AND SERVIUS M- 146 Main Street• North Andover,Massachusetts 01845 .•' .. ` Leonard & E ironovich 33 Summe et Nort ver, MA ,T I l 1 Town of North Andover a NORTH 1 O tato OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 1° - 9 x i # 146 Main Street A KENNETH R.MAHONY North Andover,Massachusetts 01845 "S SAcm^•P`yty 9SUS�S Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 14th day of November 1995 at 7:30 o'clock to all parties interested in the appeal of Cobblestone Development Corp. requesting variances pursuant to section 7, paragraph 7.1, 7.2 ,7.3 and Table 2 of the Zoning Bylaw so as to permitthe existing structure to remain in its present location, size and shape. Said premise is located at 2 Autran Avenue which is in the R-4 Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals 2 AUTRaN AVE -- William J. Sullivan, Chairman LEGAL NOTICE TOWN OF NORTH ANDOVER Notice is herebygiven tha g C the Board of A - peals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Publish in the North Andover Citizen on 10.25.95 and 11.1.95. Hall Building, 120 Main Street,-North Ando- ver on Tuesday the 14th.day of November 1995 at 7:30 O'clock to all parties interested In the appeal of Cobblestone Develop- ment Corp. requesting variances pursuant to section 7, paragraph 7.1, 7.2,7.3 and Ta- ble 2 of the Zoning Bylaw so As to permit the existing sttucture to remain in its present location, size and shape. Said premises is located at 2 Autran Avenue which is in the R-4 Zoning District. Plans are available for review at the Office of Community Develop- ment & Services, Town Hall Annex, 146- Main Street. By the Order of the Board of Appeals William J.Sullivan,Chairman North Andover Citizen:10/26/95 8 11/1/95 BOARD OF APPEALS 688-9541 ]BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Par ino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell J o' Town of North Andover P m ',•. .,,,� =* acres°s OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 26 °''' c`� 2 IVl p o a _ R•;$ _,. 146 Main Street•North Andover,Massachusetts 01845 Ri " Coco ont �� 0 r , r 1� r�. , - Town of North Andover o F t►ORTN OFFICE OF 3� •<' ", °0 COMMUNITY DEVELOPMENT AND SERVICES ° . 4t ; 146 Main Street KENNETH R.MAHONY North Andover, Massachusetts 01845 9SSACHus�t Director (508)688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 14th day of November 1995 at 7:30 o'clock to all parties interested in the appeal of Cobblestone Development Corp. requesting variances pursuant to section 7, paragraph 7.1, 7.2 ,7.3 and Table 2 of the Zoning Bylaw so as to permit the existing structure to remain in its present location, size and shape. Said premise is located at 2 Autran Avenue which is in the R-4 Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. B the Order of the Board of Appeals Y PP 2 ADTRAN AVE William J. Sullivan, Chairman LEGAL NOTICE TOWN OF NORTH ANDOVER Notice is hereby given than the'Board of Ap- peals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Publish in the North Andover Citizen on 10.25.95 and 11.1.95. Hall Building, 120 Main Street,-North Ando- ver on Tuesday the 14th day of November 1995 at 7:30 O clock to all parties interested In the appeal of Cobblestone Develop- ment Corp. requesting variances pursuant to section 7,paragraph 7.1,7.2, 7.3 and Ta- ble 2 of the Zoning Bylaw sO As to permit the existing stfucture to remain in its present location, size and shape. Said premises is located at 2 Autran Avenue.which is in the R-4 Zoning District. Plans are available for review at the Office of Community Develop- ment & Services, Town Hall Annex, 146- Main Street. By the Order of the Board of Appeals William J.Sullivan,Chairman North Andover Citizen:10/26/95& 11/1/95 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D.Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell -A IV •o c =-�°c--- - _ _ Town of North Andover p�� OCT ry sem .. U`U�t OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ... .�.. ` 26 OCT 146 Main Street• North Andover,Massachusetts 01845 - Chen e V G . 10 w S� U =�> ,, � . ,. -��" _� 1 ,'' Town of North Andover O NORTH Of , OFFICE OF 3? `t. e o tiO C o COMMUNITY DEVELOPMENT AND SERVICES p ♦ p9 � x 146 Main Street �, 4oq,r,o ;•`�y KENNETH R.MAHONY North Andover,Massachusetts 01845 "SSACHUSE< Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 14th day of November 1995 at 7:30 o'clock to all parties interested in the appeal of Cobblestone Development Corp. requesting variances pursuant to section 7, paragraph 7.1, 7.2 ,7.3 and Table 2 of the Zoning Bylaw so as to permit the existing structure to remain in its present location, size and shape. Said premise is located at 2 Autran Avenue which is in the R-4 Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals 2 AUTRAN AVE -- William J. Sullivan, Chairman LEGAL NOTICE TOWN OF NORTH ANDOVER Notice is hereby given than the Board of Ap- peals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Publish in the North Andover Citizen on 10.25.95 and 11.1.95. Hall Building, 120 Main Stre6t,_North Ando- ver on Tuesday the 14th day of November + 1995 at 7:30 O'clock to all parties interested In the appeal of Cobblestone Develop- ment Corp. requesting variances pursuant to section 7,paragraph 7.1, 7.2, 7.3 and Ta- ble 2 of the Zoning Bylaw sozas to permit the existing sttucture to remain in its present location, size and shape. Said premises is located at 2 Autran Avenue.which is in the R-4 Zoning District. Plans are available for review at the Office of Community Develop- ment 8 Services, Town Hall Annex, 146. Main Street. By the Order of the Board of Appeals William J.Sullivan,Chairman North Andover Citizen:10/26/95 8 11/1/95 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pacrino D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Town of North Andover e r OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street•North Andover,Massachusetts 01845 Richard H. Coco 4 Fremont Street North Andover, MA 01845 t \ C a� Received by Town Clerk: � � CT l• 4} GS TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Cobblestone Development Corp. Address c/o 240 Candlestick Rd North Andover Tel . No. 1 . Application is hereby made: a) For a variance from the requirements of Section 7 Paragraph7-1; 7-2; 7-affid Table 2 of the Zoning Bylaws . b) For a special Permit under Section Paragraph of the Zoning Bylaws . c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2 . a) Premises affected are land X and building (s) X numbered 2 Autran Avenue Street. b) Premises affected are property with frontage on the North (X ) South ( ) East ( ) West ( ) side of 2 Autsan A u-ue Street. Street, and known as No. Street. C) Premises affected are in Zoning District R-4 , and the premises affected have an area of 5,000 square feet and frontage of 50 feet. 3 . Ownership: a) Name and address of owner (if joint ownership, give all names) : Cbbblestce DNelgxmt Gx1xxaticn D of Purchase Previous Owner F.D.I.C. Date bh. 8 1�6 b) 1 . If applicant is not owner, check his/her interest in the premises : Prospective Purchaser Lessee Other Rev. 10/95 � I 2 . Letter of authorization for Variance/Special Permit j required. 4 . Size of proposed building: 24 front; 44 feet deep; Height 1 1/2 stories; 20 feet. a) Approximate date of erection: 1986 b) Occupancy or use of each floor: residential c) Type of construction: wood frame S. Has there been a previous appeal, under zoning, on these premises? Yes If so, when? 1985 1989, 1993. 6. Description of relief sought on this petition. Please explain in detail below. (If requesting a variance or special permit please fill out the attatched table. ) Variance to allow the continued existence and the legal occupancy of a house built in 1986 in good faith reliance on a prior variance and a building permit issued in 1986. Variances needed as to lot area; street frontage and side 7 . Deed recorded in the Registry of Deeds in Book 4 54 Page 39 Land Court Certificate No. Book Page p The principal points upon which I base my. application are as follows: (must be stated in detail) Ham mas nat build in emel rrnfrnrrAnm In 1985 lby i=oe We to Qj rct Wt-. l@s M aff)e -- h_ouse has never been Qmyied and is det:ericaatJ iig 111-j ocd d;sa +-s Wsnp rmn_ esolved amt it is in eyeryCfle's int Erect to f ini rh and o0C1 }Y71198 ) l nl ''arv�n pari 11 tea tl t i n need tie demUi h an otl-Em� valuable stnuttme. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* INCOMPLETE AND ILLEGIBLE APPLICATIONS WILL NOT BE CEPTED OE HEARD AT THE PUBLIC HEARING. Name of Applicant (s) Print) 5 re o Ap c t (s) Rev. 10/95 DESCRIPTION OF VARIANCE REQUESTED I ZONING DISTRICT: R-4 i Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 12;500 5;000 Variance Street Frontage 100 50 Variance 0 Front Setback 30 25 Variance Side Setback(s) 15 10 Variance Rear Setback 30 31 None Special Permit Request: TELEPHONE 646-4911 FAX 646-4910 ROBERT J. ANNESE ATTORNEY AT LAW 1171 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 October 13, 1995 North Andover Zoning Board of Appeal and Building Inspector for the Town of North Andover Town Hall North Andover, Mass. 01845 Re: Real estate located at 2 Autran Avenue, North Andover Dear Ladies/Gentlemen: I am the attorney for Mr. and Mrs. Paul S. Connors, the owner of the real estate at 18 Autran Avenue, North Andover, Massachusetts, which real estate abuts the 2 Autran Avenue real estate currently owned by Cobblestone Development Corporation. My clients, Mr. and Mrs. Connors have authorized me to write to you to indicate that they have no objection with respect to the existing structure at 2 Autran Avenue remaining in place as it currently exists with the dimensions of that real estate being 24 feet wide and 44 feet deep. As you know, there have been a number of court proceedings in connection with the varia;ices issued by the North Andover Zoning Board of Appeals regarding the 2 Autran Avenue real estate. It is my clients' position that they have no objection to Cobblestone Development Corporation filing an application for variance with the North Andover Zoning Board of Appeal for the purpose of allowing the 2 Autran Avenue real estate to have legal status in accordance with the provisions of the North Andover Zoning Bylaw as that rear estate currently exists with the dimensions of the real estate, once again, being 24 feet wide and 44 feet deep. My clients are given to understand that the existing deck and stairs located on the side of the 2 Autran Avenue real estate which abuts my clients' real estate shall remain as currently existing and that no additional decks or stairs will be constructed on any other portion of the 2 Autran Av e structure. Vv trulo s l' J J - RJA:md i LIST OF PARTIES OF INTEREST PAGE 1 OF I SUBJECT PROPERTY MAP PARCEL NAME ADDRESS 45C 25 Cobblestone Development c/o 240 Candlestick Road Corporation North Andover,MA 01845 ABUTTERS MAP PARCEL NAME ADDRESS 45C 28 New Heritage Condominium c/o Fernview Avenue Assoc. North Andover,MA 01845 45C 29 / New Heritage Condominium c/o Fernview Avenue Assoc. North Andover,MA 01845 45C 23 Chen, S.J. 36 Algonquin Avenue North Andover,MA 01845 45C 27 V Mironovich, Leonard S 33 Summer Street Mironovich, Eugenia /"Adi North Andover,MA 01845 45C 21 ✓ Richard H. Coco 4 Fremont Street Reading, MA 01867 45C 22 Longo, John & Josephine 28 Autran Avenue North Andover,MA 01845 45C 24 Connors, Paul & Maureen 18 Autran Avenue North Andover,MA 01845 45C 26 Joseph, Alice M. 591 Massachusetts Avenue North Andover,MA 01845 45C 2 Moriarty, John, Jr. and 579 Massachusetts Avenue Patricia M. North Andover,MA 01845 J October 23, 1995 North Andover Zoning Board of Appeal and Building Inspector for the Town of North Andover Town Hail North Andover, Mass. 01845 Re: Real estate located at 2 Autran Avenue, North Andover Dear Ladies/Gentlemen: We are the owners of the real estate at 1.8 Autran Avenue, North Andover, Massachusetts, which real estate abuts the 2 Autran Avenue real estate currently owned by Cobblestone Development corporation. Kindly consider this letter as our authorization to you to indicate that we have no objection with respect to the existing structure at 2 Autran Avenue remaining in place as it currently exists with the dimensions of that real estate being 24 feet wide and 44 feet deep. As you know, there have been a number of court proceedings in connection with the variances issued by the North Andover Zoning Board of Appeals regarding the 2 Autran Avenue real estate. It is our position that we have no objection to Cobblestone Development Corporation filing an application for variance with the North Andover Zoning Board of Appeal for the purpose of allowing the Z Autran Avenue real estate to have legal status in accordance with the provisions of the North Andover Zoning Bylaw as that real estate currently exists with the dimensions of the .zeal estate, once again, being 24 feet wide and 444, feet deep. we are given to understand that the existing deck and stairs located on the side of the 2 Autran Avenue real estate which abuts our real estate shall remain as currently existing and that no additional decks or stairs will be constructed on any other portion of the 2 Autran Avenue structure. We have agreed that Mr. Grifoni will construct pickets on the deck on our side of the real estate sufficient to screen our real estate from individuals exiting the side doorway on that side of the. 2 Autran Avenue real estate. -------------- ............... ------ r NuTc h Andover Zoning Board of Appeal October 23, 1995 Page 2 . in addition, Mr. Grifoni,ct .his expense, shall plant six to eight trees on the side of 'Le Z Autran Avenue real estate which abuts the Connors real eStarlt.e,. the object- of which will be to screen the deck, and stairs on that side of the real estate from the Connors residence. Mr. Grifoni is also going to pay some portion of the legal fees incurred by us. Very truly yours, Paul S. Connors Maureen A. Connor - --- ------------- . --.. . i TELEPHONE 646-4911 FAX 646-4910 ROBERT J. ANNESE ATTORNEY AT LAW 1171 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 October 13 , 1995 North Andover Zoning Board of Appeal and Building Inspector for the . Town of North Andover Town Hall North Andover, Mass. 01845 Re: Real estate located at 2 Autran Avenue, North Andover Dear Ladies/Gentlemen: I am the attorney for Mr. and Mrs. Paul S. Connors, the owner of the real estate at 18 Autran Avenue, North Andover, Massachusetts, which real estate abuts the 2 Autran Avenue real estate currently owned by Cobblestone Development Corporation. My clients, Mr. and Mrs. Connors have authorized me to write to you to indicate that they have no objection with respect to the existing structure at 2 Autran Avenue remaining in place as it currently exists with the dimensions of that real estate being 24 feet wide and 44 feet deep. As you know, there have been a number of court proceedings in connection with the varia:ices issued by the North Andover Zoning Board of Appeals regarding the 2 Autran Avenue real estate. It is my clients' position that they have no objection to Cobblestone Development Corporation filing an application for variance with the North Andover Zioning Board of Appeal for the purpose of allowing the 2 Autran Avenue real estate to have legal status in accordance with the provisions of the North Andover Zoning Bylaw as that rear estate currently exists with the dimensions of the real estate, once again, being 24 feet wide and 44 feet deep. My clients are given to understand that the existing deck and stairs located on the side of the 2 Autran Avenue real estate which abuts my clients' real estate shall remain as currently existing and that no additional decks or stairs will be constructed on any other portion of the 2 Autran Ave e structure. Ver truly o s l y. RJA:md LIST OF PARTIES OF INTEREST PAGE 1 OF I i SUBJECT PROPERTY MAP PARCEL NAME ADDRESS 45C 25 Cobblestone Development c/o 240 Candlestick Road Corporation North Andover,MA 01845 ABUTTERS MAP PARCEL NAME ADDRESS 45C 28 ' New Heritage Condominium c/o Fernview Avenue Assoc. North Andover,MA 01845 45C 29 / New Heritage Condominium c/o Fernview Avenue Assoc. North Andover,MA 01845 45C 23 Chen, S.J. 36 Algonquin Avenue North Andover,MA 01845 45C 27V Mironovich, Leonard 33 Summer Street Mironovich, Eugenia North Andover,MA 01845 45C 21 Richard H. Coco 4 Fremont Street Reading, MA 01867 45C 22 % Longo, John & Josephine 28 Autran Avenue North Andover,MA 01845 45C 24 ; Connors, Paul & Maureen 18 Autran Avenue North Andover,MA 01845 45C 26 Joseph, Alice M. 591 Massachusetts Avenue North Andover,MA 01845 45C 2 Moriarty, John, Jr. and 579 Massachusetts Avenue Patricia M. North Andover,MA 01845 z iVar "JSP ❑Fiad Applicatinn f''*,? Hearing Avec c:, �"•••,,•,;"' Decision duo on r t Any appeal shall be filed Yri ,',in (20) rl.nys af:' , the ,r, of CHU dice U 52 i ; the Of;i;,a or tf�aI cYrn C f e!k. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD C!F APPEALS NOTICE OF DECISION Date . .MaY. .1.. .1993. . . . . . . . . . . . . Petition No.. .Q16793. . . . . . . . . . . . . . April 13, 1993 Date of Hearing. .May- 1,1,,_ .1993. . . . Petition of . . .Federal .Deposit .Insurance .Corpc.r.ation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . Premises affected . . . .2 .Autran Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of tbw .S e c tion .7, . . . . . Paragraph 7. 1, 7. ...2.,. .7.3. and Table .2. of -the_ Zoning, )3y.jaw. . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit exis.t.ing.structilre. to. .remain. u• .its. present. locaticn,. siz-e -and. .shape. co.ns.isting. .o.f .24.'X.4.4.`. .or. in. the .altert.ative. to. .modify. the .variance . . . . . . . in 1985, Petition #50-85. After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . the . . .variance. . . . _ . _ _ and hereby authorize the Building Inspector to issue a permit to . . . .Federal Deposit. .Insurance- .Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed ' Frank Serio, Jr. ,4hairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Walter. .Soule. . . . . . . . ... . . . . . . . . . . . . . . .Louis. Rissin. . . . . . . . . . . . . . . . . . . . . . . . .John. Pallone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals a n Y d NORTH _ y . ... . . �9S Sq CrH u5Et1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS **************************************** * Federal Deposit Insurance Corporation * DECISION c/o Theodore C. Regnante, Esquire Regnante, Regnante, Sterio & Osborne * Petition #016-93 One Essex Center Drive Peabody, MA 01960 * **************************************** A public hearing was held on Tuesday, April 13 , 1993 , at 7 : 30 p.m. and continued on Tuesday, May 11, 1993 at 7 : 30 p.m. , to consider the Petition of the Federal Deposit Insurance Corporation as a receiver of the New Bank of New England, N.A. , requesting a variance from Sections 7 . 1, 7 . 2 , 7 . 3 and Table 2 of the North Andover Zoning Bylaw as said provisions apply to the real estate known as 2 Autran Avenue , North Andover , Massachusetts. Assessor' s Map 45C, Parcel 25 (the "Property") to permit the existing single family residential structure to remain in its present location, size and shape, or in the alternative, to modify the variance granted in 1985 , in the Board of Appeals Petition No. 50-85 to provide that a single family residential structure in the size of 24 ' X 44 ' may be constructed. Notice of the hearing was published in the North Andover Citizen on March 24 , 1993 and March 31, 1993 . On March 25 , 1993 , copies of said notice were mailed, postage prepaid, to all parties shown on the Assessor' s most recent tax list as being entitled to notice pursuant to M.G. L. Chapter 40A, Section 11. The petitioner was represented by Theodore C. Regnante, Esquire, of the firm of Regnante, Regnante, Sterio & Osborne, Peabody, Massachusetts, who presented to the Board the facts in the case and a plot plan entitled "Plan of Land in No. Andover, Mass. " Scale 1 ' = 401 , dated February 17 , 1993 by Hayes Engineering, Inc. , Civil Engineers and Land Surveyors (the "Hayes Plan") which plan will remain on file with the Board. 1 1 r � t i FINDINGS OF FACT I The Petitioner, The Federal Deposit Insurance Corporation, acquired the Property in its capacity as received of the New Bank of New England, N.A. by virtue of a foreclosure deed dated November 8 , 1991 and recorded with the Essex North District Registry of Deeds in Book 3409 , Page 109 . On August 15, 1985, the Board, in Case No. 50-85, granted a variance (herein referred to the "Variance" or the "Decision") under Section 7 , Paragraph 7 . 1, 7 . 2 , 7 . 3 and Table 2 of the Zoning Bylaw for the Town of North Andover to permit a single family residential structure to be constructed on the Property. The Decision specifically provided that a single family residential structure could be constructed on the 5, 000 square foot lot provided the following requirements were met: west side setback of 15 feet; rear setback of 25 feet; and east side setback of 10 feet. The Hayes Plan shows clearly that these requirements have been met. The Hayes Plan does show uncovered stairs on the east and west sides of the building which appear to encroach over the required side setback limits. However, Section 7 . 3 of the Zoning Bylaw provides that uncovered steps are excluded when computing minimum setback requirements so the Property as shown on the Hayes Plan complies with the conditions of the Variance. The Notice of Decision for the Variance was drafted to indicate that the original application for the Variance stated the size of the structure to be constructed as 28 'X301 . Notwithstanding this reference in the Notice of Decisions, the Decision and the Notice of Decision did not mandate the maximum size of the structure to be constructed. The Chairman of this Board, Frank Serio, Jr. , was also the Chairman of the Board which granted the Variance in 1985 . Mr. Serio stated that the inclusion of any size limitation of the structure on the Notice of Decision in 1985 was a scrivener' s error, and that no size limitations were included in the actual Decision. On August 30, 1985 , the Board issued a letter stating that the Decision did not clearly delineate the required statutory findings upon which the issuance of the Variance was based. This letter specifically stated that the requirements of Section 10. 4 of the Zoning Bylaw had been satisfied. The Board found 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 related 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. The Board further found that the relief granted was not a detriment to the public good and in fact was beneficial thereto by providing necessary affordable housing. 2 Abutters to the Property, Paul S. Connors and Maureen A. Connors, appealed the Decision in the Essex County Superior Court, Civil Action No. 82-2151, on the basis that the Board exceeded its authority in granting a variance without the required statutory findings. Various negotiations between the parties thereafter resulted in the settlement of the case and a Stipulation of Dismissal in the Superior Court case was allowed on December 29, 1986 setting forth the settlement terms which included the payments of $6, 5000. 00 to the Connors. A Notice of Compliance was filed with the Essex North District Registry of Deeds on March 2 , 1987 in Book 2437, Page 301, evidencing compliance with the settlement terms. The doctrine of Res Judicata prohibits the abutters, the Connors, from further challenging the validity of the Decision whether on the basis of the adequacy of the required statutory findings or any other basis. After construction on the Property commenced in accordance with the Variance, the Connors issued written requests to the Building Inspector to prohibit further construction and revoke the building permit. The Connors stated that the structure, as built, was 23 ' X 44 ' and was larger than the 28 ' X 30 ' structure that the Variance purportedly permitted. The Building Inspector refused to interfere with construction stating that the structure was constructed in accordance with the Variance and a validly issued building permit. The Connors appealed the decision of the Building Inspector to the Board of Appeals in Case No 28-89 . On January 11, 1989 , the Board voted to uphold actions of the Building Inspector and the issuance of the building permit on the grounds that the existing structure complied with all the requirements of the Variance. The Connors appealed the Board' s decision-to uphold the action of the Building Inspector and the issuance of the Building Permit to the Land Court Department of the Trial Court, Miscellaneous Case No. 131946 (the "Land Court Case") . On September 14 , 1989 , the Court, By Judge Cauchon, issued a decision stated that the Variance was validly granted and "cannot be collaterally attached" , but that the Variance should be interpreted as including a limitation on the size of the structure of 28 ' X 301 . Mr. Serio stated that this Board has never mandated building size in any variance decisions and did not intent to do so in the present case. The Board notes that there are no maximum lot coverage requirements set forth in the Zoning Bylaw for structures located in R-4 Districts and any mandate of structure size would exceed the authority of the Board. Grant of Relief The Board hereby grants the following relief: 1. The Board hereby clarifies its intent in its decision in 3 0 Case No. 50-85 to wit: that the Variance does not include any condition limiting g buildin size. Provided the set back requirements as set forth in the Decision have been satisfied (which compliance is evidenced on the Hayes Plan) the Board did not mandate building size and in fact does not have the authority to mandate building size in R-4 Districts. The structure as constructed an currently existing, and shown on the Hayes Plan has at all times complied and presently complies with the Variance as granted. The Board hereby reaffirms the granting of the Variance and the specific statutory findings outlined int he Decision and the clarifying letter and as set forth above. 2 . To the extent that Judge Cauchon's decision in the Land Court Case was intended to require this Board to modify the Board' s Decision in Case No. 50-85, the Decision is hereby so modified to eliminate the requirement that the structure not exceed 28 ' X 301 . The statutory findings required for the issuance of a Variance discussed in Paragraph 1 above are hereby reaffirmed. 3 . To the extent that Judge Cauchon' s decision in the land Court Case require a new variance, the Board hereby grant Petitioner' s application for a variance from the requirements of Section 7 , Paragraph 7 . 1, 7 .2 , 7 . 3 and Table 2 of the Zoning Bylaw to permit the single family residential structure in its current size (23 ' X 44 ' with a 1 ' overhang on the second floor) as shown on the Hayes Plan to remain as constructed. The statutory requirements of the Bylaw which the Board must find in order to grant variances are as follows: " . . . owing to circumstances relating to soil conditions, slope, or topography of the land or structures, and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. " Massachusetts General Laws Chapter 40A, Section 10 states that permit granting authorities may grant variances when they find " . . .circumstances relating to the soil conditions, shape or topography of such land or structures and especially affect- ing such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve 4 r ' substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or Bylaw. " The lot consists of 5, 000+ square feet and was laid out on a plan of land filed with the Essex North Registry of Deed as Plan 406 in 1920 (the 111920 Plan") . Most of the lots on the 1920 Plan consist of 4 , 500 or 5, 000 square feet. A change in zoning subsequent to the 1920 Plan prohibits the Property from being used for single family residential purposes without a variance. The Property is unique in that it is surrounded by either single- family homes on larger lots (which larger lots were created by combining lots on the 1920 Plan) , or on undersized lots for which variances were granted to permit construction. This lot appears to be one of the only undersized lots left on the 1920 Plan in the immediate neighborhood that is affected. The location and shape of this lot best lend itself to a single-family residential use. The intent and purpose of the Bylaw is to encourage the most appropriate uses of property. The Board finds that the Property has been deeded as a separate lot and Petitioner' s predecessors in title have relied on its ability to be used for a single family residential dwelling. By granting Petitioner' s Variance and permitting the existing single family residential structure to remain on this undersigned lot, North Andover will be provided with an additional unit of much needed affordable housing. The Board specifically finds circumstances exist which affect only the Property such that a literal enforcement of the Zoning Bylaw would result in hardship to the Petitioner. The granting of this Variance permitting the existing single-family residential structure to remain in its present size and location will not result in substantial detriment to the public good and will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning Bylaw. Dated this 18th day of May 1993 . BOARD OF APPEALS Frank Seriol Chairman 5 Regnante, Regnante, Sterio &Osborne ` Attorneys at Law Fleet Bank Building One Essex Center Drive Peabody,Massachusetts 01960 Telephone[508)532-3060 ;�f• ~ ' Theodore C.Regnante Telecopier[508)531-3615 ;ytfOj TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ' . . . . March. 1,. . . . .19.93 s • Notice is hereby given that the Board of Appeals will glve a hearing at the Town Building,North Andover,on. .Tuesday . .eyenin.g . . . . . . . the l3th. day of . . . April . - - - . 19.9 3 , at.7-.3 61clock, to all parties interested in the appeal of Federa.1 .Deposit. Insurance. .Corporat_ion rad 7 3 and Tablet requesting a variation of Sec.7,. Fara .7.1.,7-2 of the Zoning gy Law so as to permit, .existing.struct.ure .to. remain.in its .present .location, .size. .and. shape=:consisting .of .24'X44' o,r ,in. the, alternat.ige .to.madify. .the. variance in=:198%. Petition. #. .5Q-$5,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . ' 2 _Autran Av-enue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen .on March 2:4 & 31, 1993. LEGAL NOTICE LEGAL NOTICE BOARDOFAPPEALs BOA1tD OF APPEALS : iNOTICE NOTICE March 1.1993 March 1,1993 Notice is hereby given that the Board of Appeals Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North will give a hearing at the Town Building,North Andover,on Tuesday evening the 13th day of April Andover,on Tuesday evening the 13th day of April 1993,at 7:30 o'dock.to all parties Interested It,the 1993,at 7:30 Wolodt,to all parties Interested in the appeal of Federal Deposit irauranos Corporetbn appeal of Fed"Depook Insurance Corporation requesting a variation of Set 7 Para 7.1,7.2 and requesting a variation of Set 7 Para 7.1,7.2 and 7.3 and Table 2 of the Zoning By Lawn so ss to par- 7.3 and Table 2 of the Zoning By Law so as to per. mit existing structure to remain In Its present We. mit existing structure to remain In its present Iota- tion,size and shape consisting of 24'x44'or In the tion,size and shape consisting of 24'x44'or in the airernetive to modify the variance in 1985,petition ahernativs to modify the variance In 1985,Petition 150-85 on the premises,located at 2 Autran s50-85 on the premises,located at 2 Autran Avenue. Avenue. By Order of the Board of Appeals By Order of the Board of Appeals Frank Betio,Jr.,Chairman Frank Serio,Jr.,Chairman NAC:3/24 d 3/31/93 W:324 8 3/31/93 " pORTIt C� t••' y 1�O t • l t . • TOWN OF NORTH ANDOVER MASSACHUSETTS i BOARD OF APPEALS Federal Deposit Insurance Corporation c/o Theodore C. Regnante Regnante, Regnante, Sterio & Osborne Date: March 25, 1993 ' One Essex Center Drive -- ---------- Peabody, MA 01960 Dear Applicant: Enclosed. is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ 37.70 for the following: Filing Fee $ Postage $ 37.70 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 G Linda Dufresne, Clerk Board of Appeals rr,SQ Town Office Building `� �North Andover, Mass. 01845 Ira ZT;a P a y► 4 Ya,fit• N S.J. ChenG,y' f;� 36 Algo n Av.en. orth A er, MA 01845 idk Any al)OM'231 s!-all be filed 0 wit!iin the daLo c.� s "oflce APOILM ft 'ice of the Town • 3 R in the Of, C!erit. CH 3 co TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .April 20, . 1993. . . . . . . . . Petition No.. . 0.15-93. . . . . . . . . . . . . Date of Hearing. -April. 13.,. .1993. . Petition of . . . . .Alcott. Village. Condominium.Trus:t.,. Leonid.e.a H. .Xarx-.as . . . . . . . . . . . . . . . Premises affected . .Alcott .Way.,. Unit-#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition WdDIA . . .Insper-torI.s.decision dated May 29, 1992. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to - TJFRQLI) . . . . the The Board stated that the use of Unit #2 Alcott li Building. �nspector's decision.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Way as 04X*ff)th a. b.usiness. .off ice. not. as socia.ted with. the Alco-tt -Condominium.Association is a violation of the zoning code. Signed "iaifman o . . . . . . . o Jr. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Board of Appeals '" own Office Buil-d-ing Andover, ass. 01845" r-, f x ., ,__ .North M .. J.PL] 1 JLIx y_ = f'AR29'93 G y7 FTG James & Susan,C_otter 30 Main Street��4 9 ' Foxboro, rAt"02035 ;P1 fI: �II�lEEtl311I��,1l��l�l ��,� .'� .�•��lik'3E441��.t'ittl�ll�ll3f�lltlitlt avid M: M�7w i �• L8S6 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS I NOTICE March. 1,. . . . .19.9 3 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 . . . April . . . . . . . . 19.9 3 , at.7.36'clock, to all parties interested in the appeal of Federal .Deposit. .Insuranc.e .Corporation and 7 3 ,and Tablet requesting a variation of Sec.7, . F.a.r a. .7. 1.,.7...2 of the Zonmg By Law so as to permit. :exist.i,ng .structure .to. remain.in .its present .location, . size. .and. shap.e=.consisting _of 24'X44'. o.r in, the. alternative .to. mo.dify. .the. variance in--.1985;. Petition. #. .50-85.. . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. _Au t r an Av-enu e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. 3f•�''ti 3 ; MOLT" i ."7CEN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March , I.. . . . .19.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on .Tuesday . .eyening . . . . . . . the l3th. day of . . . April . . . . . . . . 19.9 3 , at.7-.3 6'clock, to all parties interested in the appeal of . .Federal .Deposit. .Insuranc.e .Corporation and 7 3 ,and Tablet requesting a variation of Sec.7,. Para.. .7.1,7...2 of the Zonmg By Law so as to permit. existing .structure .to remain -in its .present .locati.on, .size. .and. shap.e-.consisting .of 24'.X44' or ,in. the. .alternativ.e .to. modify. .the. variance in--.1985- Petition. #. .50-85,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2 Au t r an Av-e nu e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. Board of Appeals Town Office Building North Andover, Mass. 01845 - !i: S.rG 0.h,;Li.c MAR29'23 >., is �a"tv►�l .-`., n � i{ Kenneth & Christina Warrent A.iYs 21 Frederick Street, Apt. #303 Hartford, CT 06105 YI O C4 t1 AIf�!/1 �]!�{"i� ;�a]ji' Pi loi ''Y i �L Yi•3`:•.^�:.•'•'�' 1•"i _ _ 3 . it I ; 7 Il 1 � 4 i i � . Board of Appeals ��"Esq Town Office Building 4`' p M North Andover, Mass. 01845 C1 APR ��G z h1r22 ""�A�� " ....�•*P " "m /093 �`��:,�`«dna;'- ,.•-®, pt��rned 'fob Zni Catherine Hanley _�L _ n�9 PoTTT�IT^.iTl PPI �r•�� 3 ; y;� 188b � • TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS I NOTICE March. 1,. . . . 19.9 3 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on Tuesday . .evening the l3th. day of . . . April . . 19.93 , at.7:3O'clock, to all parties interested in the appeal of . .Federal .➢eposit. .Insuranc.e .Corporation an 7 3 ,and Tablet requesting a variation of Sec.7,. Para. .7.1.,7..2 of a Zonmg By Law so as to permit. ..existing .structure .to. remain.in its .present .locati.on, . size. .and. shap.e-.consisting .of 24'X44'. or .in. the. alterpativ.e .to. modify .the. variance in . . . . . Petition. # .50-85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. Autran Avenue. . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. Board of Appeals ESSF�, _ _�� - -. .;: �, .. Town Office Building `� North Andover, Mass. 01845 0 Pm 1 ' t p ?' APR 2 I'93 22 APR ~® 1 .9 Leonard & Eugenia gid, , •_ 33 Su �ret r Andover, MA 01845 j i Any appeal sl-all be filed oR. },_. y� ,,,s arc; `he ? ''� � � ��, , wig;,�n (:_0) �� date c; ii',' 13 t.Fis i;ctice !�. AMnr• *30 ,, R in the Office of the Town t., iaas ., `13P ` Cleric. VV 'V SFR LO 3 coGO `53 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION i Date . . . .April. .20, . 199;, . . . . . . . . Petition No.. . 0.15-93. . . . . . . . . . . . . Date of Hearing. .Ap r i 1. i 3.,. .19 9 3. . Petition of . . . . .Alcott, Village• CondQminium,Trust.,. .LeQnid.e.s .H. .Xarras . . . . . . . . . . . . . . . Premises affected . .Alcott .Way.,. Unit.#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition KWY&Ma tbi . . .Inspector'.s.decision dated May 29, 1992. iY �3'el . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . UPHOLD . . . . the The Board stated that the use of Unit #2 Alcott Building. Ins•pector's. decision.. � LL �{$ Way as 04ffdffAb a. business. of.fice. not. associated .with. the .Alcott .Condominium-As sa.ciat ion is a violation of the zoning code. I Signed�Ffank4ter_'io<,�j Jr. ,tairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone Board of Appeals Board of Appeals Town Office Building � ;—� r4trU ��.'-•.;,;.__.;_-- ' `< North Andover, Mass. 01845 14AR29'93 2z4o /'� R„' .1� - __ F.? .s- .,T,.-. r 1V�.�.•iF•�'�.1 q Ea�a G't:.: �;=;�x Richar Tripoli 200 Led wood Drive, Unit #601 North An ver, MA 01845 .��.�. �.....�.--Vim.,.:, �... . df•�� 3?�'_.rMes•• ' 1855 X TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . . . March. l,. . . . 19.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. Tuesday . .evening . . . . . . . the�3th. day of . . . April . . . . . . . . . . . . . 19.9 3 , at.7:3 6'clock, to all parties interested in the appeal of . .Federal .Deposi.t. .Insuranc.e .Corporation an 7 3 ,and Tablet requesting a variation of Sec.7, . Para.. .7.1,.7...2 of the Zoning By Law so as to permit. existing .structure .to. remain.in .its _present .location, .size. .and. shap.e-.consisting .of 24'.X44'. or in. the. altQrjjat.ive .to. modify .the. variance in' 1985;. Petition. #. .50-85,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. .Autran Avenue. By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. Board of Appeals Town Office Building E: �_ —' .= _j r North Andover, Mass. 01845ti� 1��rr New He Co minium As c/o ernvi Avenu th And r 0 { - IIIt i 3 r: MMaT" :• law ; TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March . 1,. . . . .19.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. Tuesday evenin. the l.8th. day of . . . April 19.9 3 , at.7.:3 6'clock, to all parties interested in the appeal of . .Federa.1 Deposit. Insurance. .Corporation and 7 3 ,and Table2 requesting a variation of Sec.7,. Fara, .7.1,,7-2 of the Zoning By Law so as to permit. :existing .structure .to remain.in its ,present .locati.on, .size. .and. shap.e-.consisting .of 24'.X44'_ or. .in. the. alternative .to. modify .the. variance in-- 1985 - n-- 19851Petition. jt. .50-85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. Autran Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. . _ 6, �I of Appeals Town .`ffice Building { Y North Andover, Mass. 01845 " APR 2 r k4z�� New it ge Condominium Assoc. ---E,O—� eW-AVenilE r I �� s . . - - -� �; Any apoeal silall be filed YL 'S L 'lie wit-Ifln (2-0) dz�Ys 3, f'2-1 T date cif Jng �0. AMILM 30 - R , .:.a 143R ; - in the Office of the Town Clerk. co 3 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .April. .20, . 1993. . . . . . . . . Petition No.. . !U -:93. . . . . . . . . . . . . Date of Hearing. Ap r it. 9 9 3. . Petition of . . . . .Alcott. Village. QQrjdQMiAijAm.Trus:t.,. LeQaid.es H. .Xarmas . . . . . . . . . . . . . . . Premises affected Alcott .Way,- -Un i t-#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building 2. Referring to the above petition . . . .Inspector'.s-decision .dated.May, .2.9.,. .19 9 2... . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .!JFRQLI). . . . the The Board stated that the use of Unit #2 Alcott Building. TRs.p.ector.'.s. .decisio.n... . . . . . . . . . . . . . . . . . . . Way as pftf4ffn a. business. of.f ice. not. associated .with. the .Alcott Condomi-nium-As sociat ion is a violation of the zoning code. Signed io Ffank Ser-io, Jr. , rman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals 3: � S • l8aa _ � TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March. 1,- A9.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .Tuesday evenin, the l3th. day of . . . April . . 19.93 , at.7.36'clock, to all parties interested in the appeal of . .Federal .Deposi.t. .Insuranc.e .Corporation an 7 3 ,and Tablet requesting a variation of Sec.7,. Para. .7.1,.7...2 of The Zomig By Law so as to permit. existing .structure .to. remain .in its ,present .location, .size. .and. shap.e-.consisting .of 24'X44'. or .in. the. .alterpative .to. mo.dify. .the. variance in-.1985,. Petition. fl. .50-85,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. Au t r an- Avenue. By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. i Board of Appeals Town Office Building North Andover, Mass. 01845U.S PUS)I AuE, 14AR29193{^' i e►-` a i C 81'aYs � `ei _• 1. f� Marcieogue W. 3 k ew Avenl "1 1 11 And " ' 01845 �irxhWf+:' Y Board of Appeals SF Town Office Building •S Z ;Z North North Andover, Mass. 01845 i 22 ArR �� APP,2F+�= ;a, !,7 ADOFESSIA) •, opup,, EXPMSD Thomas R. Mili o & Robyn F. Westwater 5 Fernview nue, Unit #4 North An er, MA 01845 Any apo-231 s!1-1111 be filed tlie WIL-in t j is I t7 d a.Ljz, c. APROL719 n the Of�jc- of the Town i., 1835 '43R I-$ ACHU Clerk. V W-C 3 C-0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .Apri.1-20, . 1993. . . . . . . . . Petition No.. . 9.15-93. . . . . . . . . . . . . Date of Hearing-April. 13.,. .1993. . Petition of . . . . .Alcott. Village. QgndQmn p.i,,Am.Trus:t,,. .Leoii:Ld.es .H. .Xarr.as . . . . . . . . . . . . . . . Premises affected Alcott .Way.,- -Uni t-$2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition NAWA . . .Imsper-tor.s-decision dated May 29, 1992. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to - UPRQLI? . . . . the The Board stated that the use of Unit #2 Alcott Building. Inspector's decision. � � XYyI#X� Way as 0WdkUAb a. business. of.f ice. not. associa.ted with. the .Alcott -Condom.i.nium Association is a violation of the zoning code. Signed -io, Jr. , Ffank Ser rman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Board of Appeals �L �` Town Office Building )R - 33 North Andover, Mass. 01845 fP op F 1 2'�21 VIR New itage G ndominium Assoc. c/o 5 viewAvenue North And MA 01845 i Any apo-331 si-1,111 be. filed wit'-in af'�zr tLhe D Al da-L,,3 ci -iiii'my �_zj 1,11is 7,1clice 0 1, L MIMI" *P1 in the of;ice of the Town0.,0 + Clerk. 93 �CHU* 3 co TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .Apirij. 2Q, . 1993. . . . . . . . . Petition No.. . .O.U-93. . . . . . . . . . . . . Date of Hearing. .April. 13.,. .1993. . Petition of . . . . .Alcott_ Village. QQrjdQmjT1.iqiq.Trust, Leonides .H. .Xarr.as . . . . . . . . . . . . . . . Premises affected . .Alcott .Way,_Unit-#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition MyWyok . . .Insper-tor.s-decision dated May 29, 1992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . skijigm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . UPHOLD. . . . the The Board stated that the use of Unit #2 Alcott Building. TnSopp.qtor's decision.. . . . VK0t&Yjmt4&jAmYA . . . . . . . . . . . . . . . Way as &WM)M a. business. of.f ice. not. as socia.ted with. the Alcott CondomInium-As scLciat ion is a violation of the zoning code. I Itlic Signed :�JF f a nk� ,ioJ.r �. a i rm gan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . * * ' ' * . . . . . . . . . * * * ' * * . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board at Appeals Board of Appeals ��-FSS Town Office Building (!! J� P North Andover, Mass. 01845, #t'f"`a; o � o � -��"�,,.,��;°*3• ��,�,�� t 22 APR G �a 3/✓P I z i-;4-u E /O`'.�..'- ORDER EXIP$RffD ,.tee New Heritag Realtyalruip c/o Robert uinn cM1.,,'cr J 7 Fe venue, Unit #10 orth Andov r, MA 01845 Any appeal s!-,)Il be filed 'he "1 c e k T da-L:, of -1i 11 is t ARMY" :20 j D in the Office of the Town f., lass N3" ; Clerk. CHU COv-9 C 3 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .Apri.120, . 1993. . . . . . . . . Petition No.. . 0.U-:93. . . . . . . . . . . . . Date of Hearing. .April. 13.,. .1993. . Petition of . . . . .Alcott, Village. Condominium.Trust.,. LeQnid.e.s .H. .Xaxr.as . . . . . . . . . . . . . . . premises affected . .Alcott .Way.,. Unit.#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition &aY&MI% . . .Inspector'.s.decision dated May 29, 1992. . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . UPHOLD . . . . the The Board stated that the use of Unit #2 Alcott Building. YA Way as OMUAb a. business. of.fice. not. associa.ted with. the .Alco-tt Condominium-As saciat ion is a violation of the zoning code. Ilk Signed �F�fankSeAixo, Jr.--i,41airman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Board of Appeals ('; 2 STown Office BuildingNorth Andover, Mass. 01845 Mr � Arr� ,,6 "�APR21'93APR' 93 ATS New rit- TiD ajiew ondominium Assoc. c/o 7 nAvenue North An MA 01845 • '''•ria r,. _ __. Yr"o".s%,i,�•':,i%tr•.:.W sed'• i — _ L Any no,231 shall be filed R r'.. wit!lin (20) C" he d.atrj c, AMILM ,a *4 : in the Office of the Town 1835 - ,,3 R C!er! CHU -0 V-9 C 3 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .Apri.l. .20, . 1993. . . . . . . . . Petition No.. . 9. -:93. . . . . . . . . . . . . Date of Hearing—April. 13.,. .1993. . Petition of . . . . .Alco.t.t. Village. QQnd=�Rigin.Trust.,. Leonid.e..q Ji. .Xarr.as . . . . . . . . . . . . . . . Premises affected Alcott .Way.,. Unit-#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition . . .Inspec-tor.s-decision dated May 29, 1992. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . !JPRQLI) . . . . the The Board stated that the use of Unit #2 Alcott Building. Inspecor's decsion.. xj&dLjM&qLY&jW . . . . . . . . . . . . t. . . . . . . . . .i. . . . EKM&ffg &KIMMYA Way as oZifM)W a. business. office. not. .associated .with. .the .Alco.tt .Condom.i.nium-Assaciation is a violation of the zoning code. Signed �Fk�iofan '.',- Jr. ,t�hairoman . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Board of Appeals Town Office Building jr North Andover, Mass. 01845 A PR 2 yo •�'�F2. �fra �C10 y o Edwa d L. Cummings 169 Ta t Road Wilmingt MA 018 Any appeal shall be. filed owi t! ar. �I?e k. Amar+ :Sl in the Office of the Town ,"hssgciiU `93 Clerk. '•• .��'' SFR �� 3 GO TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .April .?Q, . 1993. . . . . . . . . Petition No.:. 0.15-93. . . . . . . . . . . . . Date of Hearing. .Ap r i1. 13.,. .19 9 3. . Petition of . . . . .Alcott. Village. CondQmiT1iiAm.Trust,,. .LeQnid.e.s .H. .Xarmas . . . . . . . . . . . . . . . Premises affected . .Alcott .Way.,. Unit.#2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved of the Building Referring to the above petition . . .Inspector's.decis ion dated May 29, 1992. . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3y#3'eYri�Y# . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to .UPHOLD . . . . the The Board stated that the use of Unit 462 Alcott Building Ins.pector's. .decision.. � LA g � Way as 04ffxU)M a. business. .of.fice. no.t. .associa.ted .with. .the .Alco.tt .Condominium.Assaciation is a violation of the zoning code. Ilk Signed �f F an�io, Jr. , rman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule, Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Board of Appeals f-ESSc' Town Office Building PM 3 North Andover, Mass. 01845ED 29 APR Q - RETURN TO WRITER NOT DELIVERABLEi'=` �^:•�•�•.��.=•Y:_,;, t:.;•. ~-•;�•t•. w�' •:� ,., :�,: AS ADO NO FORWARDING ORDER ON FILO /Brford Lentz reet MA 01845 �iu�r—I7.i�? Y7�1 It�-�-rrsTT�si tt sstt t�tt�tl �. Nm1w i law X TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . .April 16, . . 19 93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on Tuesday . . evening. . . _ . the 11th day of . . . . . May. 19 93 , at7:Hb'clock, to all parties interested in the appeal of . . . . . . .Fnvir.o.neers,. .Inc. requesting a variation of Sec.8...5, .Para.. 6(A) of the Zoning By Law so as to permit. Planned. Residentail .Development of 8.3 .acres, .10 ,acres. .are.required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. .intersec.tion. of White.Bir.ch Way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Publish in the N.Andover Citizen on April 21 & 28, 1993. Board of Appeals . Town Office Building North Andover, Mass. 01845 Pm 22 APR Cheers 6 Jia.-Inn Cbirauakhon 40 119 Blueberry Bill Lune North Andover, MA 01845 Any appeal s!l,<Il be filed witl,ir� (. t! s c-�fcer the d�N0 Cf.- i��otice caz� ci i c� �. in the Office of the Town Y3�� ;` ^R F: Amar++ :W • �; iS. Clerk. s•. taasCHU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . .April X0,. .1993. . . . . . . . . . rctition No.. . . . . . . . . . . . . . . February 9, 1993 Date of Hearing Xazch.9.. 1.9.9.3 . . . . April 13, 1993 Petitionof . S.tephen.M... .Juba, J.r. , •Juba• Electric• Company•,• Inc: • • • • • • • • • • • • • • • • • • • • • • Premises affected . . 162 Hillside• Road. . . . . . . . . as a Party Aggrieved of the Building , Referring to the above petition ' •1 . . .Inspector s. . decision dated December .4, . 199.2.. . . . . . . . • . . . . . „ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . W7&9U t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . UPHQLD. . the The Board stated that the conducting of an electrical Building .Inspector's_ Decision,. . . . , b12X business and the -warehousing of- -electrical -suppl-ies -in- the -Residence •3 District is in violation of the North Andover Zonin B -law, Section 4, Paragraph 4.122 and Table (1) one. Signed . .wG %K �� Walter Soule, Acg-Chairman . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . Louis Rissin` . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Pallone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals i --o ._ Board of Appeals � ,�' y �,�- ��-•...�;"' .Town Office Building North Andover, Mass. 01845 tiF cAtly ?*! y a O .r APR � ORD R Linda ail 295 Bren Circ North Andover, 0184 �66. E�Tr ° ed b 3' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . .April ,1.4, . .1993. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. Tu e s d ay. evening . . . . the 11th. day of . . .May. . . . . . . . . . . . . . . . 19. 93 , at7:30b'clock, to all parties interested in the appeal of Christopher.T.. Jenny. . . . . . . . . . . . . . . . . . . ' Table 2 requesting a variation of See..7.,. .Para.. 7-.3 .& . .of the Zoning By Law so as to permit. . relief .of. 8" for the rear setback for. portion. .ol .existing .deck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. . 3.9 Stage Coach Road.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman. Publish in the N.Andover Citizen on April 21 .& 28, 1993. Board of Appeals Town Office Building North Andover, Mass. 01845 Uoi iJL1r z F.AR2 9 9d .• ,�.- Q jr t: fel v. 7 � �� Yom' �W New Herita ondomin' ssoc. �\ c/o 19 nview ue Nort ndover 01845 q1 t �' r i I dr 00 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March. I.. . . . .19.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on Tuesday . .evening the l3th. day of . . . April . . . . . 19.9 3 , at.7.3 6'clock, to all parties interested in the appeal of Federal .Deposit. Insurance. .Corporation and 7 3 ,and Tablet requesting a variation of Sec..7,. para.. .7.1,7...2 of the Zorung By Law so as to permit. :existing .struct.ure .to remain -in its ,present .locati.on, . size. .and. shap.e-.consisting .of 24'.X44'. o.r in. the. alternative .to. modify .the. variance in'- 1985. . Petition. ��. .50-$5.. . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. .Autran Avenue. . . . . . . . . . . By Order of the Board of Appeals Fra , nk Serio Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. Board of Appeals Town Office Building North Andover, Mass. 01845 �`� 'V'2-MAU F93 w !! New He eCondominium Assoc.. c/o Fernview Ave "r""r th And4e 01845 I1 Iiy� s x ec �r•�� _?�•�1,,,•t b�• •' 18S6.0- TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE . . . . March. I.. . . . .19.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .Tuesday . .evening . . . . . . . the 18th. day of . . . April . . . . . . . . . . . . . 19.9 3 , at.7.3 6'clock, to all parties interested in the appy of . .Federal .Deposit. .Insuranc.e .Corporation and 7 3 ,and Tablet requesting a variation of Sec-7,- F.ax a, .7.1,.7...2 of the Zoning By Law so as to pest. .e.xisting .struc.t.ure .to. remain.in .its .present .locati..on, . size. and. shap.e=.consisting .of 24'X44', or. .in. the. alternative .to.modify .the. variance in-- 1985 . Petition. #. .5Q .85,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. Autran Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. Board of Appeals __ ._._ -_ Town Office Building North Andover, Mass. 01845 .�- ,,,;.j.pG„Q,,E.� 1pass•% ��}>�1 -. ` g �� A dI t�`t''^ti �V�• Jeanne M! p 23 F w Avenue, Ut1• '"` N - ndover,r _��`ft45 OU4S-4464 66 .. ! t !! t! t bt 7 !t! t! tb I f! 3 t {t >�• • L8b6�;X i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March. 1,. . . . .19.93 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 April . . . . . . . . . . . . . 19.9 3 , at.7.36'clock, to all parties interested in the appeal of . .Federal .Deposi.t. .Insuranc.e .Corporation n 7 3 ,and Tablet requesting a variation of Sec.7,. Para—7.1,7...2 of Th Zotung By Law so as to permit. :existing .structure .to remain.in its .present .location, .size. .and. shape=.consisting .of 24'X44', or .in, the. alternative .to. mo.dify. .the. variance in 1985;. Petition. ��. .50-$5.. . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. Autran Avenue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. _ 1 Board of Appeals - -7 Town Office-Building '�� Vj' ;` North Andover, Mass. 01845 F;, �lo;'UJi%`�!j< (Si(S Fi.Anz 1'93 so q's New Heritage ominium Assoc. c/o 23 'y,#OT7i.ew Avenue No ndover, MA Oifi4'S-4464 8 ��{tttttt '4P 30. ism A TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March. 1,. . . . 19.93 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on .Tuesday evenin. the l3th. day of . . . April . . . . . 19.93 , at.7.36'clock, to all parties interested in the appeal of . .Federal .Deposiz. .Insuranc.e .Corporation and 7 3 ,and Tablet requesting a variation of Sec.7,. P.a.r.a.. .7.1.,7...2 of the Zonmg By law so as to permit. existing .structure .to. remain .in its .present ,locati.on, .size. .and. shape-.consisting -of 24'.X44'. or in. the. alternative .to. modify .the. variance in 1985;. Petition. jt. .50-85.. . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2. Autran Avenue. - By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. 0 f Board of Appeals Town Office BuildingAt��`x "R-�-r North Andover, Mass. 01845 ` ��ol' .J.f VJIFLE;x b � I'v i x NAR29'93 ,I t New Herita ondominium Assoc. c/o 25 nview Avenu No ndover, 1845 p _; �,..e�,�• X ; •.0. iaaa f: TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March. l.. . . . .19.93 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 . . . April . . . . . . . . 19.9 3 , at.7.3 6'clock, to all parties interested in the appeal of Federal Deposit. Insurance .Corporation n 7 3 ,and Tablet requesting a variation of Sec.-7,. F a r.a. .7.1,.7...2 oaf me Zon ng By Law so as to permit. :existing .struc.t.ure .to remain.in its .present .location, _size. .and. shap.e=.consisting .of 24'.X44', or _in. the. alternative .to.modify .the. variance in-- 1985;. Petition_ #. .50-85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . 2 Autran Avenue. By Order of the Board of Appeals Frank Serio, Jr. , Chairman Advertise in the N.Andover Citizen on March 24 & 31, 1993. • f Received by Town Clerk: I TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION F R RELIEF FROM -mi: RE I REMENT$ OF T13 NIt O1tD IJANCE. Federal Deposit Insurance Corporation c/o heoc�ore C. Regnante, Esquire by RECOLL Management Corporation Regnante, Regnante, Sterio & Osborne ! Applicant pr �� Address Drive Peabody, M 01960 1. Application is hereby made: a) For a variance from the requirements of Section 7 Paragrapti7.1, 7.2, 7.3 and Table 2_of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. c) As a Party Aggrieved. for review of a decision made by the Building Inspector or other authority. Z. a) Premises affected are land X and buiiding(s) X numbered 2 Autran Avenue . b) Premises affected are property with frontage on the North ( ) „y Co South ( ) East ( ) west ( ) side of Autran Avenue and known as No_ 2 8utran Avenue -7 ~ i c) Premises affected are in Zoning DistrictR-4_, and the premises kz - _ • affected have an arca oE�i000 _square feat and f rontagc of gn_fact. `. t 3. Ownership a) Name and address of owner (if joint ownership, give all names): Federal Deposit nsurance Corporation •••� aures McoWn Data of Purchase 10/30/9 - Previous Owner Louie H_ M Aloon by Foreclosure Deed b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesce Othcr (explain) Co Size of proposed building: front; feet deep,- Haight eep;Height stories; Lcet. a) Approximate date of erection: b) Occupancy or use of each floor: C) Type of construction: . 5. Size of existing building: * fact front: 44 Cuf:t r1ar•.p;*23r first floor Height stories; [ret. 24 second floor a) Approximate date of erection: 1986 b) Occupancy or use of, each floor: Residential - c) Type of construction: Wood frame G. Has there been a previn•is appeal , %truer zoning, on thcsff hremir.en' Yes If so. when?1985-1986 '•7;' Description of relief sought on this petition !variance as to Lot d'rea•, ,S' reet frontage, and side yard set back to permit e e Tremain•.-i:n ;. : �A is present location, size and shape consistin4'••of 4 x44 or in the altdrnative 1 ' E a.' . Dced recorded in the Registry of Deeds in Book Pago • Land. Court certificate No. Book Pa The principal points upon which I base .my application are as follows: •'(must be stated in detail) 'See attached Continuation Sheet - I agree to pay the filing fee, advertising in newspaper, and incidental expanses* • —Stgnaturc of Tattltiorler s ; Every application for' action by the Board shall be"made on a form approved '•' by- the Board. These forms shall ba furnisheo by the Clark upon request. ; Any communication purporting to be an application shall he trented as mere r' ! notice of intention to seek relief until such time -as it is .made on the ' ' official application form. A11 information called -for by the form shall Abe furnished by the applicant in the manner gherein;:prescribad. .� .Every-application shall be submitted with a Li--t of "Parties Its Interest" • :which list shall include .tile petitioner. abutters, owners of lnnd directly :opposite on any public or private street or way, and abutters to -tile ;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..*...:*'i -or town, the Planning Board of the city or town,, and the planning Board of • . -.every abutting city or town. : ' i= '>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.• :':'•1 Such.costs shall include mailing and publication, but are not necessarily..*'' limited to these. Every application s1salL be submitted with a plan of land approved by the :�•'� Board. No petition will be brought before the hoard unless said Plan Ilan been submitted. Copies of the hoard's requirements regarding plans are attached hereto or arc available from the Board of Appeals upon request. t LIST Or PARTIES IN 111TEREsT . •: • .: .. , •,' .. Use Nix r age . . _ ._.... _ •• "! . .to modify the variance granted in 1985 Petition No. 50-85 to provide that a, singl' - •.famly residence in the size of 24' x 44' may be constructed. CONTINUATION SHEET The 24'x44' structure which currently is located on the property was constructed in good faith pursuant to and in reliance on a variance granted in 1985 and a building permit issued in 1986. On August 15, 1985 the Board of Appeals on Petition Number 50-85 attached hereto as Exhibit "A" granted a variance under Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the zoning by-law so as to permit a variance on the subject property as to lot area, street frontage and side set yard set backs. The decision provided that (1) only a single family dwelling may be constructed thereon; (2) the existing garage on the Bower lot must be demolished prior to the issuance of a building permit; (3) the side set back of the dwelling should be 15 feet on the west side; and (4) the rear set back of the dwelling should be 25 feet. The structure now completed complies with the conditions of said decision (plot plan attached hereto as Exhibit "B") . On January 11, 1989, the Board of Appeals on a review of the prior decision voted that the original building inspector's decision be upheld on the grounds that the size of the existing structure falls within set back variances created on the original decision of the Board of Appeals of August 18, 1985 (see Decision 28-89 attached hereto as Exhibit "C") . Subsequent to the issuance of the building permit, the Land Court issued an Order stating that the variance should be construed as permitting only a structure with the dimensions of 28'x30' and that the building permit was issued in violation of zoning. The final Order issued after construction of the structure had been substantially completed. The prior owners of the premises defaulted on a mortgage to an institution which has been taken over by the Petitioner. Petitioner foreclosed the mortgage and became the owner of the r property in 1991. The property consists of an undersized lot of 5,000 square feet with 50 feet of and frontage was as 1 aid out on a flan dated October 22, 1920 and recorded with the Essex North District Registry of Deeds on November 20, 1920 as Plan Number 406. The size of the Lot and the nature of the existing structure are conclusive only for use as a single-family residence. Removal , demolition or substantial alteration of the structure would be costly, detrimental and constitute hardship to the Petitioner. The structure was constructed in good faith reliance in accordance with the variance and building permit. It is the Petitioner's contention that the structure as built complies with the Board of Appeals decision in Case Number 50-85 but that additional relief from the Board of Appeals is required under the Land Court decision and the Petitioner therefore requests the modification of the prior variances to allow a structure of 24' x 441 . EXHIBIT "A" i e °f {'t.; o th.� ZQ�xa dot tt �ffiCe °� in • Aur 8 �:° AM TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 15 , 1985 ;4r, Daniel Long, Town Clerk Mr. Office Building W. Thomas Bower/Louise A. Hower . :.:.:;• No th Andover, 01845 "' 591 Massachusetts Petition #50-85 — Degr Mr. Long: Appeals held a public hearing on Monday evening, The Board of lication of W. Thomas Bower a Louise August 12 , 1985 upon the app A. Bower. The hearing was advertised in the North Andover Citizen- j� on4July 25 , 1985 and Au( abutters were notified gust 1, 1985 and al by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred E.' Frizelle, Esp.. , Vice Chair' mom; Augustine W. Nic.�cerson, Clerk; William J. Sullivan, and Raymond A. Vivenzio. — Y � Section The petitioners seek a variance from o etPe°Zoning ByfLaw o as Paragraph 7. 1, 7.2, 7. 3, and Ta.b le to:permit variance as to lot area, street frontage and side. yard.-- setback. . i � Mr, and Mrs. Bower were represented by Mr. Peter Caruso , and he d on showed a plan of the proposed ew feet o. land and is anThe lot is caneunccepted --- 00 square with q t . n Avenue uare . fee ur s _ Aut lot.haA:a� demensioa o£ 5;,000: q -. - stieeet,.. where .almost every werw� led. a laid out according- to plana .406K3'he petit£oners: hpuses''ia ` live that this lot was ia-• fact.a=-buildable •lot.. . Y i this neighborhood are in fact an 5,000 square :foot -lots.- The dwellin is the surround= � f the ro csed 3. , _ character of P P - . i.n# neighborhood. ;. t : `p : Connors�:.spoke T4 abutter on the side. of the proposed lot, Mr. - si e opposition. Claims square foot. requested is less than the siye_of the zoning bylaw requirements and ofld be closer childrea and='.._ - his property than allowed .. f ure value of property. c ► ' - f 4 the following . � - - subject to . Lance elI e to r t var j Matzon made by Mr. Fri z g de aolish existing garage on Bower tat before Building Permit issue fc7r 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, 2lterly 10 feet andrevise plans to show old lot as A and new lot - -- lit r I - HK�•.tri M• 1 • N i rt !!�•�r7h+►' �ni1�I+fIR1+K�lIM�Mt+MM11PWM� -#a+!!►�• t+�te4%+w40�'y•q,K,�p,.:�r� o.•�•:►f'!•ra-.1h'+IIA�+Y►. L,r.c_,.,,,..w .:.,�,r•�r:.�._./ .Q ...r.. 1 :RPe; t rt LU tr LU En ►,1.4 x ro T CA En rt fes.. ... .__ ...._._. ..._.. :::'y;��,�+ ,fin,�.t,:�, - . .. .._ . . .... -. . � •• ,•1;.rr•T;. .��• _.a`_T;f.TIt�,' r 111! .. . . ... � - . ' _'711• •�. .'. it• • ! ,r .'1 ..111 � .. .. . ::t �... ! . •� •,•,� RECEIVE C, h{r�, y�Jj Cif R R �tilOvE ,J,. AUG 56 TOWN OF NORTH ANDOVER , j T MASSACHUSETTS HOARD OF APPEALS RE: � c W. Thomas Bower Louise A. Bower 591 Ma$s . Ave. N. Andover, *MA 01845 Application # 50 On Augst 15 , 1985 this Board filed a decision in 'the above matter which 4i not clearly set : forth the- basis for granting the variance reques- ed by the Petition. The purpose of this memorandum is to clarif the. matter. t The Bo4rd voted unanimously to grant .the variance as requested • for a 5 ,OOQ sq.. ft. lot subject to the following conditions : �.. - O*ly a single family dwelling may be, constructed. thereon..;• ; - Tie existing garage on the Bowes lot must be demolished" f piior to the issuance of the building permit. - - le side setback- of 'the dwelling- shall be 15 'ft.' on. the { w4st side. . - - TDe' 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_. ._ . f rth herein. :'1� _ r•, Y+:• :i: tt b� ++: ' ,, 1 ,�,Ri.�'l.. 1 1 1'•-!. t'ls b. t:i44 ,.. ��ti:Li". �� .•'_;... -.f......_ .[�..t'. �7•:'t '+K%,I.3v� .� ('' �.,�.rr E1• t.• >•• In gr ting, the variance, the that each'o!°''tie_-conditfons of.sec. on 10. 4 of 'the Zoning, ByLaw*havebeen"satisf3ed..''`Specifteally,- the Bofrd• finds that the" lot-*•in questiaa Was deeded as. a"separate lot; that the size of lots in the immediate area are of a similar size.and, the Bo*rd has granted in the past- in--this neighborhood :similar' .: ; vari antes The haVdship in question relates to the' use of'. the lot because-of its size aid shape and the change of zoning` in the area which prehibited its use for residential purposes.: The Board finds tbatr.the si}:ieX:' grante4 is not a- detriment to the public' good and i fact• is-kifineffcial therett by providing necessary affordable housing iii the--area. •-Thi .ATTEST: . :A T=o Copy TavnC2_sr*- I • 'w �' •• .. \ i.i•I%�.fid. , ��..• .Mi:. ••�•, t ,'�•.-:.ti. .. o __ .. .. .:.. .. .... ;.�Y.:iS .Y al:•-' .: a.:y'yJ.-,- :.L•.a.�.LU�LSi.. .___ .. _�. fffjffJJJJJJ •, ' .s. f _! '-'r'• — - -�.�_ _. _J•• �y_...-.. �IrU}..\.iu. ':a.. JI.:.L:..a 1_..�••�::`.*.1.�:_._�_..:C :. ' l •. •;J. +,'• ,, ...!' •\,• 't.;.• 4!••� , •wR`L(f,,.ti,'.Y�•�.{'�° I�j��{vq ,,��''{(.�•1'.",�1 ti1.1't:'+f.tt�i7 '•l'�� •i'. w 44 1. 1•? , i"j. :... 14 C2 44 W p 41 a N , o ami w reg ko o N ..ra+�• -ww./�•�,•�►�V�-i:«r- '0•r•Rj►{ss.i.�.:U 1�Nv1►NW^t..+�1v:r ,.Mwia..tie-:1 ,lrMr;1�W+tiMaN!YM�Nr�l►'!�+`�� M7ww1'MT' ' G) b dl N O �. PJ IN N N . .. •`M.. •• •l, • tr , . , , . i U aG A ro cam. U - `� � w •` N a cn w � a�q � � , EXHIBIT "B" FL4N OF LAND r /N .r NO. AND 0VEf� tiIA�4SS ' saw 1,- .r N 6T AMWA r rs IARY o+'e a.-mis a A. • w srar,n�lors rAOW JU AFMW AMa OrAltb ru. rr/+w�was 9 cn�sr No nwr n9rrxw a tAovm Aw rra ae+ar�n Ar a�a r RAq/�►etfnsr �,a w �;• 4N "/KCMiK ALFS AO/rAr MAIM A RAa?NId1b A�1/ALYVE A Af V/AS S}/711M D W Ak{V A AUF X110 LtiMRAYrr AMti I1fArlR ffAW ola0/R �rtr arm�r� raer -: lei a�aavr 64te sa►tiw H SEF BMW a--APPMS OtZWaV CASE - --------------- ant -------------------_ prw A�vnvr ;: z int car tSJYBMir n al/JLQAN! Y.O ��3, Afff-1 0 SAWCA4W TAA®r/lld/A \�2 rAVANar A"/r d.4. ojw awmvaAr 1R !fel L FANNAW IA AW AUMAN A VENUE "�,� � V �tcat • ----- mw AW... LOT A 3,00!7 S.F. ZONE' tP-4 51.7 S �l Q� cr-Zt�►'t'1L V7J n •Md/pl,us[OWY{L19p1Y1W9gX9�p{J9Jgr�l'>I�d ---F-/TId_ - -- -- %JIM33HI" S3AW ft-GA F.S. FIT ala EXHIBIT "C" RECEIVED r. Ar�nf^ :a r TOY14 l:1.E�t� . • 110RI ti nano SER ' tass ' Any o' +ciivq 4 P" ,444 JA ,Z23 cater c-f ii. i�� of i;,is f;;, TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS ' Clerk. BOARD OF APPEALS NOTICE OF DECISION Paul S. Connors 18 Autran Avenue Date . January, 11, 1989 N. Andover, MA 01845 Petition No.. . .28-89 Date of Hearing. . ..aqu4ry. j10.,. .i:Q89 Petition of . . Paul .S. .Connars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .Autran.Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Referring to the above petition f q= _U6 Party.AggrPi ved . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'saasA=P6M3it for.a.review-of. a. decision. made. by. .the .Build.ing.Inspector.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 xr�hXxoXttRxlgpNrxmxaca Board make' a determinaton that -the original Building Inspector s decision be u he don the grounds that the size of the existing structure falls within the setback'vatiances'gtaated'on' the -otigiiial 'detEsidd-ofthe 'Bdard' of ' ' ' August, 1985. edxdAkZMX Signed Walter Soule, Acting Chairman Raymond Vivenzio Anna O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals OdN�ct l.Jau • - ' ' of .....,!tin xQRj� �'•u�� 23 '�g. cf the...,-`:•�r .;. _ , { Z �d Ciz:it. •�.ows` ;t=om Ii T3 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Paul S. Connors * Petition 128-89 * 18 Autran Avenue N. Andover, MA 01845 * DECISION * * The Board of Appeals held a public hearing oa Tuesday evening, January 101 a review 1989 upon the application of Paul S. Connors as a Party Aggg eived decision made by the Building Inspector and other authority on the premises Io-- cated at Lot 3, Autran Avenue. The following members were present and voting: Lialter Soule, Acting Chairaan, Raymond Qivenzio, Ansa O'Connor and Louis Rissin. The hearing was advertised in the north Andover Citizen on December 1. 1988 and f December 8, 1988 and all abutters were notified by regular mail. • Upon a motion made by Mr. Qivenzio and seconded by Ms. O'Connor, the Board voted uaariT-�^usly, that the original BniLding Inspectors decision be UPHELD on the grounds that the size of the existing structure falls within the setback variance granted in rho original decision of August, 1985' The Board finds that this decision will not adversely affact -the neighborhood �. or derogate from the intent and purposes of the Zoning ByLaws E Dated this 11th day of January, 1989• �j BOARD OF APPEALS fl i4 � Walter Soule Acting Chair=an j /awt , AT= A Tide Can L.-&*r7: ` Toam CSa k j LIST OF PARTIES OF INTEREST SUBJECT PROPERTY: 2 Autran Avenue, North Andover, Massachusetts MAP PARCEL LOT NAME ADDRESS 45C 25 2 Federal Deposit Insurance c/o Theodore C. Regnante Corporation Regnante, Regnante, Sterio & Osborne One Essex Center Drive Peabody, MA 01960 ABUTTERS MAP PARCEL LOT NAME ADDRESS 45C 28 — New Heritage Condominium Assoc. c/o 1 Fernview Avenue, North Andover, MA 01845 45C 28 --New Heritage Condominium Assoc. c/o 3 Fernview Avenue, North Andover, MA 01845 45C 28 --New Heritage Condominium Assoc. c/o 5 Fernview Avenue, North Andover, MA 01845 45C 28 - New Heritage Condominium Assoc. c/o 7 Fernview Avenue, North Andover, MA 01845 45C 29 --,New Heritage Condominium Assoc. c/o 19 Fernview Avenue, North Andover, MA 01845 45C 29 --New Heritage Condominium Assoc. c/o 21 Fernview Avenue, North Andover, MA 01845 45C 29 New Heritage Condominium Assoc. c/o 23 Fernview Avenue, North Andover, MA 01845 45C 29 —New Heritage Condominium Assoc. c/o 25 Fernview Avenue, North Andover, MA 01845 45C 20 44-45 Raymond S. McNutt et al , Trustee 46 Autran Avenue, North Andover, MA 01845 45C 21 36 Richard H. Coco 4 Fremont Street, Reading, MA 01867 45C 22 28 John and Josephine Longo 28 Autran Avenue, North Andover, MA 01845 45C 23 22-24 --tS.J. Chen 36 Algonquin Avenue, North Andover, MA 01845 45C 24 18 Paul S. and Maureen A. Connors 18 Autran Avenue, North Andover, MA 01845 45C 26 591 Alice M. Joseph 591 Massachusetts Avenue, North Andover, MA 01845 45C 27 595 —Leonoard and Eugenia Mironovich 33 Summer Street, North Andover, MA 01845 45C 2 579 Wing Wah and Kathleen Mak 579 Massachusetts Avenue, North Andover, MA 01845 45C 28-0001 0001 .0 Ellen M. Davis 20 Birch Street, Saugus, MA 01906 45C 28-0001 0002.0 Burton Hass 640 Main Street, Malden, MA 02148 45C 28-0001 0003.0 Jeffrey E. Hyman and 1 Fernview Avenue, Unit 3, North Andover, MA 01845 Janet R. Nickerson 45C 28-0001 0004.0 A&J Realty Trust 24 Passacon Way, Haverhill , MA 01830 Jerome J. Fishbein, Jr. , Trustee 45C 28-0001 0005.0 Lena J. DiOrio 1 Fernview Avenue, Unit 5, North Andover, MA 01845 45C 28-0001 0006.0 —James and Susan Cotter 30 Main Street, No. 4, Foxboro, MA 02035 45C 28-0003 0007.0 Edwin & Robert Ramirez 355 Mystic Street, Arlington, MA 02174 ABUTTERS CONTINUED MAP PARCEL LOT NAME ADDRESS 45C 28-0003 0008.0 Peter and Linda Satkwich and 3 Alder Street, Windham, NH 03087 Helen T. Villemaire 45C 28-0003 0009.0 Kenneth J. and Christina Warren 21 Frederick Street, Apt. 303 Hartford, CT 06105 45C 28-0003 OO10.0 New Heritage Realty Trust c/o Pioneer Green Corporation 970 The Fellsway, Medford, MA 02155 45C 28.0003 0011 .C--Marcie McConologue 3 Fernview Ave. , Unit 11 , N. Andover, MA 01845 45C 28.0003 0012.0 Pauline Anargirou 3 Fernview Ave. , Unit 12, N. Andover, MA 01845 45C 28.0005 0001 .0 Gerard F. Masiello 5 Fernview Ave. , Unit 1 , North Andover, MA 01845 45C 28.0005 0002.0 Fernview Realty Trust 63 Atlantic Avenue, Boston, MA 02110 Richard B. Miller Abrams, Trustee 45C 28.0005 0003.0 New Heritage Realty Trust c/o Pioneer Green Corporation 970 The Fellsway, Medford, MA 02155 45C 28.0005 0004.0 Thomas R. Miliano and 5 Fernview Ave. , Unit 4, N. Andover, MA 01845 Robyn F. Westwater 45C 28.0005 0005.C -Catherine A. Hanley 24 Sheridan Street, Lawrence, MA 01842 45C 28.0005 0006.0 David C. and Janet A. Henry 5 Fernview Ave. , Unit 6, North Andover, MA 01845 45C 28.0007 0007.0 Joseph C. Walsh/Jennifer B. Nye 4685 Albany Circle, No. 102, San Jose, CA 95129 45C 28.0007 0008.0 James A. Miller P.O. Box 1001 , North Andover, MA 01845 45C 28.0007 0009.0 Marjorie Blotner 7 Fernview Ave. , Unit 9, North Andover, MA 01845 45C 28.0007 OO10.0 New Heritage Realty Trust 7 Fernview Avenue, Unit 10, N. Andover, MA 01845 c/o Robert Quinn 45C 28.0007 0011 .0 Joseph Saltsman 7 Fernview Ave. , Unit 1 , North Andover, MA 01845 45C 28.0007 0012.0 Florence I. Yeats and 7 Fernview Avenue, Unit 12, N. Andover, MA 01845 Warren L. Mandry 45C 29.0019 0001 .0 . ,Richard Tripoli 200 Ledgewood Dr. , Unit 601 , Stoneham, MA 02180 45C 29.0019 0002.0 R&S Realty Trust 265 Franklin Street, Boston, MA 02110 Richard B. Miller Abrams, Trustee 45C 29.0019 0003.0 New Heritage Realty Trust c/o Pioneer Green Corporation 970 The Fellsway, Medford, MA 02155 45C 29.0019 0004.0 New Heritage Realty Trust c/o Pioneer Green Corporation 970 The Fellsway, Medford, MA 02155 45C 29.0019 0005.0 Paul Rosati 19 Fernview Avenue, Unit 5, N. Andover, MA 01845 45C 29.0019 0006.0 Francis & Beverly Silva 20 Lee Street, Stoneham, MA 02180 1 I .� ABUTTERS CONTINUED y i I MAP PARCEL LOT NAME ADDRESS 45C 29.0021 0007.0 Brian H. & Carolyn E. Eddy 154 Belmont Street, Reading, MA 01867 I 45C 29.0021 0008.0 Muriel Ellman 108 Morton Street, Newton Centre, MA 02159, 45C 29.0021 0009.0 Lisa A. Querci 21 Fernview Avenue, Unit 9, N. Andover, MA 01845 45C 29.0021 OO10.0 Eleanor M. Alcorn 21 Fernview Ave. , Unit 10, N. Andover, MA 01845 45C 29.0021 0011 .0 Richard & Claire Zenga 46 Cushing Street, Medford, MA 02155 45C 29.0021 0012.0 Angelo Liani 4 Summit Drive, Unit 405, Reading, MA 01867 45C 29.0023 0001 .0 -- Jeanne A. Murphy 23 Fernview Avenue, Unit 1 , N. Andover, MA 01845 45C 29.0023 0002.0 New Heritage Realty Trust c/o Pioneer Green Corporation 970 The Fellsway, Medford, MA 02155 45C 29.0023 0003.0 Paul G. Rosen 23 Fernview Avenue, Unit 3, N. Andover, MA 01845 45C 29.0023 0004.0 Paul G. & Karen O'Neil 23 Fernview Avenue, Unit 4, N. Andover, MA 01845 45C 29.0023 0005.0 Edward L. Cummings 169 Taft Road, Wilmington, MA 01887 45C 29.0023 0006.0 John P. and Ann Nahill 4 Canal Park, No. 211 , Cambridge, MA 02141 45C 29.0023 0007.0 Marjorie A. Joss 25 Fernview Avenue, Unit 7, N. Andover, MA 01845 45C 29.0025 0008.0 John P. and Marilyn Geary 1 Belmont St. , Woburn, MA 01801 45C 29.0025 0009.0 Stephen P. Norton 25 Fernview Avenue, Unit 9, N. Andover, MA 01845 45C 29.0025 OO10.0 Michael F. Sullivan 25 Fernview Ave. , Unit 10, N. Andover, MA 01845 45C 29.0025 0011 .0 Evelyn Feinberg Echlov and 547 Ward St. , Newton, MA 02159 Marsha Alban 45C 29.0025 0012.0 Kristine M. Ingalls and 25 Fernview Ave. , Unit 12, N. Andover, MA 01845 Ronald D. Hanscom I FLAN OF LANDS �;t //v EU LDING DEPARTME T1 u` VOo VERs 55, SCALE. I' = 40' FEBRUARY 17, 199J HAVES ENC/NEER/NG,_ INC. S 60J SALEM STREET CIVIL ENGINEERS dr WAKEFIELD, MASS. 01880 LAND SURVEYORS TEL. (617) 246-2800 / CERTIFY THAT THIS FOUNa47701V /S LOCATED ON THE GROUND AS SHOWN. / FURTHER CERTIFY OF mss THAT THIS PROPERTY DOES NOT L/E W/TH/N A FLOOD WARD AREA (ZONE A OR V� AS SHOWN ON FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 250098 0005 B. EDWARD EFFECTIVE DATE- ✓UN£ 15, 198J E. m r/qq s STEARNS � < ' X29293 PROFESSIONAL LAND SURVEYOR � NORTH ANDOVER APPEALS BOARD --------------------- PLAN FILED: --------------------- HEARING DA TE --------------------- PLAN APPROVED.• --------------------- --------------------- j 20% LOT COVEPAGE ',i' BUILDING ABUTTING STHUCTURES TAKEN FROM A VARIANCE PL AN BY S.L. GIL ES DA TED �J JUL Y 18, 1985. S I WING-WAH do KATHLEEN M. y MAK � s A U Tl,?A N A s VZ-IVUZ- S89*56'-TOT 50.00 IOVEQNAq/C b � CZ"°srozs) Z � i p JALICE 15.4 7RA J.o Z EseOSEPHM . d AMUREEN assE— G A. .14.j 5.o � uba0 — ' ) CONNORS �0� to 41 h%LcZ f o 0 N 0 h 0 �b § ✓AME5 15.4 11.5 = SANTOMAS H h 50.00 S89 56'JOT OFFSET'S 5Kow" A2E-co LOT A NEW NE2/TA6[ TRUST 5,000 S.F. ZONE.• R 4 PLAN Of- LAND /N NOo A ND 0 VE9 IWA 55, M4LE.• I' = 40' FEBRUARY 17, 199.J K4 YES ENC/NEER/NG, INC. 60J S4LEM STREET C/V/L ENC/NEERS dr WAKEFIELD, UASS. 01880 LAND SURVEYORS TEL. (617) 245-2800 / CER77FY THAT THIS FOUNL7477ON /S LOCATED ON THE GROUND AS SHOWN. / FURTHER CERTIFY OF kAS THAT THIS PROPERTY DOES NOT LIE W/THIN A FLOOD H4ZARD AREA (ZONE A OR V) AS SHOWN Sq� ON FLOOD INSURANCE RATE MAP COMMUN/7Y PANEL NUMBER 250098 0005 B. 2� EDWARD EFFECTIVE DATE' I✓ E. UNE q15, 198J � STEN� DATA' �1 ---- �J/CL"t/I cn o #29293 P. PROFESS/ONAZ LAND SURVEYOR NORTH ANDOVER APPEALS BOARD --------------------- PLAN F/LED.• --------------------- HEARING DATE.• --------------------- PLAN APPROVED: --------------------- F -------------------- PDX LOT COVERAGE :i BUILDING ABUTTING STRUCTURES TAKEN FROM A �- VARIANCE PLAN BY S.L. GIL ES DATED v ,^ JULY 18, 1985. WING–WAH d- KA THLEEN M. MAK � � I A UTII?A IV A VEAIUZ- 50.00 oVice9ANC u CZ"°sro,ey) Z � o x o AL/CE M. EXiJAV6 ✓OSEPH NousE 0 Li 7PA Z S. & 6 smeY 6 —MA41REEN A 4r ff s o wppD ° W — '') CONNORS O �a 4f //a 05"9c �` ° O ,o b z w JAMES SANTOMAS i 3.5*+ M h h I 50.00 S89'S6'.JO"E O F F S E"T S S 1-10 W N AR.E"C'O FOUNtJA`C �OtiI CoeNETzs. LOT A NEW /IEP/TA6E TRUST 5,000 S.f ZONE- R-4 (R� � .r -"_' swB y 1 d,,'� �,4 k,."?kf3 yy V b s •p .� r w X _ ��=,r •e�yP€e rr a"-a5, ... 4..�, .s - y. ;.{)+r 3 .ryp7,y.�,El1 r`#^ `wl".` amt- :r�`� � r - *,,, y .r�� r� �..r�� ^-a � �"-c�, ��---•=s - "1 ems' .- 'c47M +e• x+a---m"•r-w- •.,�.--.-�.^riex ,. ^ xso.a.r.'.e7w�.�»..w..G.sz : y .9,"'s'KF+' as•-r ."sT�_- �_ s. T+rr'�r"'r*"�>"""�':'.�..7•�" "-+c....wr,+,,�*4A...�•,..-., aarE.e"n'-va,.'�"T"'_ � arevr•, as a.-,..• ,s� w•- ..awn-y-r�.,x=mow. ;;.si NM k . .ewe--.y,._.... ._ __ .rt+. _.:"+r.w•w.rn,... r..--parr "�•:.r.r _. — ».-. .. . ... .....• .,. .a a y. " .- � r't "ia.Y t '9JTwF '^-•I.++..r+wXMS w -.a,at< - - --,--, .mnno-n.-mss..:.- NE S.MCKNiGHT _ --. — LEONARD kOPELMAN_.'-' `" -- _ KOPELMAN AND PAIGE, P-,; -- -- - .. - .. .. -_ JEAN a. DONALD G.,PAIGE, '•' _��. s �.....-...g_� -- .. _ .._t- „. r ... ._.ATTORNEYS AT LAW .. _ .,.... _ 'ANNE JUDITH C.CUTLER- . ..... _. MARIE M-HYLAND a_„r - - - ELIZABETH.A.LANE - - _ .--,:_ .• • - . .. _ - RICHARD BOWEN � JOYCE FRANK 2 - .- - 101 ARCHSTREET - - - CHERYL ANN BANKS y}rCC JOHN W.GIORGIO -, - - - DAVID J.DONESKI �. BARBARAJ..SAINT ANDRE BOSTON,MASSACHUSETTS 0211 1 G-11 137SANDRA CHARTON JOEL B.BARD (LANA M.OUIRK EVERETT J.MARDER - - BOSTON OFFICE • - - BRIAN W.RILEY PATRICK J.COSTELLO - _ 1617)951-0007��- _ - .- MARY L.GIORGIO _ FAX(617)951-2735 KATHLEEN E.CONNOLLY - JOSEPH I-TEHAN,JR. - - - - ” JOHN G.GANNON WILLIAM HEWIG III NORTHAMPTON OFFICE KURT B.FLIEGAUF THERESA M.DOWDY (413)585-8632 MICHELE E.RANDAZZO DEBORAH A.ELIASON WORCESTER OFFICE PETER J.FEUERBACH ' (508)752-0203 - i - January .23: '..1995 -_ Zoning: Board of. Appeals North_.Andover: Town Hall 120 Main' Street North-Andover, MA 01845 Re: Paul S.' Connors and Maureen A. Connors v. Frank Serio, Jr. , et,.al.,- (North Andover Zoning Board of Appeals) and FDIC I�f&L Court' misc.:- No 4,:194276 _ Dear Members- of the' Zon_ nq Board=-of- Appeals r-am writing to`ijiform` you'-that the:~Land-,:Court, J )� has 4i -6dCiri'-favor-�!of_the,plaintiffs;--in_-the, above-matter.-in - their-.appeal, of°a"-Mayr 8; a1993'Board of:Appeals ,decision. Judge Kilborir 'annulled:the- Board's' decision .granting; :nr modifying; a =; variance * -- As ouma recall, we have j r►ot been participating in-.this case w The --' IC�nhas� been'defending:your decision--against__.the �,'�,,�-��s W-•�-� mss•=--� -�_�. �� - _ _ _ `_ .. { A' �'• - t 'r^^. "yF�.,r'?" xw a.e. c.�Yx ,-.c .-u• `.,mow- i•rt �w S .�-. i+ u�j��sty 35 the»Board granted this-`former-:Owners of .a.. 7 .. .7 mfg + P1, y au - • e.•,, T." .. f the lotlocatedat2 AranAvee a va=lance to reduce the . - Y r re ired� ron a e and„sebac�Csandto Apezmit }the construction of '°'" g Vincent J. and Lou se mcAloon , 4 a dwell' q?'measur ', , 1 Y~ _$ red's `+a1c� dbegan buildin a structure;measurin" 30': x g � g onnozs�:7 abutters la aced ,t2ie �s ructure 45asin_tvio : ► entf= erarance, lout;ttieBoard .heidthat �the ' "cwellnq wash compliance withthe1985 variance �solong; as the 3 _> setback} aontace'regi ements- �werl�` :met:s T2ie Connorses r G89, °the�;Land x Mal' ' ' y e, e.� oard s eo s od�`;Ao September X14, _ �jCouit -{ uclgea'uchY leci *tie 1985va ,ia�nc �rasalid but ,� Q �.A _. �s • r '� �.interpreted ` an- rg i 14�ae -�8' p.-._„V. o ggq .� - wed ling measuring nod 1a er than 0 at 28* thereby `f 1ning ,twat: r. s ' eb1 �. w 77 t ,. ,� .'r t a+ „;, , � +� =x�'r r]Y�. +. T,, r- a r✓ - • � k i tl YG aE 'f� 'y -( � H J v v MIN . caz+i,a._.••a Hca-- -x_sa:.r _ .,Six:ec.SZTi�`�CF�Li" !SacG" :=4''_s.:.5 ..s.arc.::_..a: r ...................... `^qr•^.:`+r+RiY.vp-•IS L''4r' �e-Y __. ... ... . - OPELMANyAND"PAIGE: P.C. Y Zoiiinq Board of Appeals January 23, 1995 • In March 1993, the FDIC, after having acquired the lot through foreclosure, applied to the Board requesting a variance to permit the existing, larger structure to remain on the lot or, alternatively, to modify the 1985 variance to allow a single family structure in the size of 24' x 44' to be constructed. On May 18, 1993, the Board: 1) clarified that the 1985 variance was not meant to include a condition limiting the size of the building as long as the designated setbacks were met; 2) modified the 1985 variance- by eliminating any requirement that the structure not- exceed 28' x 30' ; and 3) granted a new variance to permit the residence as constructed to remain. It is this 1993 decision which Judge Kilborn annulled. THE COURT'S ANALYSIS: Judge Kilborn looked separately at two questions: 1) did the Board properly grant a new variance (or alter the existing one) ; and 2) did the Board have the authority to "clarify" the earlier variance. The Judge ruled that, although the 1989 decision by Judge Cauchon did not preclude the Board from granting the FDIC's petition to modify the 1985 variance or to issue a new variance, the Board's findings in modifying the 1985 variance and granting a new variance did not meet the statutory requirements for a variance. The Board had made several findings in modifying the variance or. granting a new variance. The Court found, however, that the essence of the Board's finding was that the lot was undersized' and. this was -insufficient to.-meet the requirement of the statute that- the lot. be uniquely haped: Judge Kilborn then ruled that the Board did not have the authority to _"clarify". the 1985 variance. He stated that, because the 1989 Land.Court decision had interpreted the 1985 variancel- it -was beyond -_theapower of the Board .to . clarify the earlier.. variance. - If`you have any questions regarding this decision, please do not .hesitate to._call me ..._.... Very truly._yours... 1 B. Bard NJAN 2 fi 1995 _ Y.\VtBi B/�rf- - l �3'k'TF.n.lc.,ak,.•.wdr r.. ,n� �.�m` V: daf $elc -- 4'Fei�RJ"r'^ -'`•F— �--a i 3 -Boate . Townr .r..F' ... :.� M ... ager Man � BOARD:OF APPEALS - 0 FOR j DATE MEI / 67 -N. F _ PH[! ! LINEL7 F?£T Lfi�NEC3 � IJFt CAITI LL R A DE BE TENSION MESSAGE PLEAu CALL WILL CALL AGAIN . �y Q CAME TO SES YQII SEE YO 0 e pORTH O M I- p 41 SSICHUSe� NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER,MASSACHUSETTS 01845 FAX(978)688-9542 Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax# 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: STREET: TOWN: NAME OF PETITIONER: Signed: petitioner (or petitioner's representative) 10.4 Variance and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance BO.-ARD OF.-kPPEAL,S 688-9541 BULDINGS 658-9545 CONSERVATION 688-9530 HEALTH 683-9540 PLA KING 688-9535 i i .,� 4ro► LEONARD KOPELMAN KOPELMAN AND PAIGE. P.C. KAREN V. KELLY ! r ' DONALD G. PAIGE DEBORAH A. ELIASON ELIZABETH A. LANE ATTORNEYS AT LAW JEANNE S. MCKNIGHT JOYCE FRANK JUDITH C. CUTLER JOHN W. GIORGIO 101 ARCH STREET ANNE-MARIE M. HYLAND BARBARA J. SAINT ANDRE JOEL B. BARD BOSTON. MASSACHUSETTS 02110-1137 RICHARD BOWES CHERYL ANN BANKS EVERETT J. MARDER BOSTON OFFICE DAVID J. DONESKI 16171 9510007 BRIAN W. RILEY JOSEPH L. TEHAN. JR. KIMBERLY A. HOLLIDAY FAX 16171 9512735 WILLIAM HEWIG III MARY L. GIORGIO THERESA M. DOWDY NORTHAMPTON OFFICE KATHLEEN E. CONNOLLY PATRICK J. COSTELLO - 14131 585-8632 JOHN G. GANNON WORCESTER OFFICE 15081 752-0203 June 16, 1993 Clerk's Office Land Court Old Court House Room 408 Boston, MA 02108 Re: Paul S. Connors, et. al. v. Frank Serio, et. al. (North Andover Zoning Board of Appeals) Land Court Misc. Action No. 194276 Dear Sir/Madam: Enclosed for filing in the above matter is a Notice of Appearance on behalf of the Defendant North Andover Zoning Board of Appeals. Kindly file same. Thank you for your attention to this matter. Very truly yours, Jo B. Bard i JBB/KAH/paz ` Enclosure cc: Board of Selectmen Zoning Board of Appeals Mr. Robert J. Annese 0 BOARD OF APPEALS I PRINTED ON RECYCLED PAPER t ' i3.jVbD Oh V6bEVT 1 18 ` l COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. LAND COURT MISC. ACTION NO. 194276 PAUL S. CONNORS, AND MAUREEN A. CONNORS, Plaintiffs V. NOTICE OF APPEARANCE a FRANK SERIO, JR. , WILLIAM J. SULLIVAN, WALTER SOULE, RAYMOND VIVENZIO, LOUIS RISSIN, DMD, ROBERT P. FORD AND JOHN PALLONE, AS THEY ARE MEMBERS OF THE ZONING BOARD g OF APPEALS FOR THE TOWN OF NORTH ANDOVER AND THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS A RECEIVER OF THE NEW BANK OF NEW ENGLAND, N.A. PETITIONER, Defendants g To the clerk of the above-named court: Please enter our appearance as counsel for the Defendant, , members of the Town of North Andover Zoning Board of Appeals in i the above matter. DEFENDANT TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS By its attorneys, el B. Bard* ( # 029140) Kimberly A. Holliday (BBO# 559521) Kopelman and Paige, P.C. Town Counsel 101 Arch Street Boston, MA 02110 ' 617 951-0007 ; CERTIFICATE OF SERVICE I, Joel B. Bard, hereby certify that on June 16, 1993 , I served a copy of the foregoing Town of North Andover Zoning Board of Appeal's Notice of Appearance, by mailing a copy, postage prepaid to the following counsel of record: Mr. Robert J. Annese 99 Massachusetts Avenue Arlington, MA 02174 JoelB. Bard i I i COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS LAND COURT DEPARTMENT Docket Number PAUL S. CONNORS AND MAUREEN A. CONNORS, Plaintiffs ) VS. ) JUN 2 i J f" FRANK SERIO, JR. , WILLIAM ) J. SULLIVAN, WALTER SOULE ) RAYMOND VIVENZIO, LOUIS ) RISSIN, DMD, ROBERT P. FORD, ) I AND JOHN PALLONE, AS THEY ) ; ARE MEMBERS OF THE ZONING ) BOARD OF APPEALS FOR THE ) TOWN OF NORTH ANDOVER AND ) j the FEDERAL DEPOSIT ) i INSURANCE CORPORATION, AS A ) ' RECEIVER OF THE NEW BANK OF ) NEW ENGLAND, N.A. , PETITIONER) Defendants ` ) 1 NOTICE OF APPEAL Dear Ladies/Gentlemen: I Please take note that Paul S. Connors and Maureen A. Connors appeal from the decision of the Board of Appeals granting a variance/variances in connection with the 2 Autran Avenue real estate in case number 16-93. Enclosed herewith is a copy of the Complaint filed with the j Massachusetts Land Court pursuant to the provisions of G.L. i C. 40A, Section 17. i i Kindly file this letter and the Complaint and please stamp a copy of this letter as having been received by your I office at this time for my file. i Si c rely, t ese, I Attornei for Paul S. i Connor and Maureen A. II Connors RJA:md enc. i ' ONINR o: f sa�,�ox a.it� i . vwrs 3 3 35 COMMONWEALTH OF MASSACHUSETTS" SUFFOLK, SS LAND COURT DEPARTMENT Docket Number PAUL S. CONNORS AND ) 19, 7�' MAUREEN A. CONNORS, ) Plaintiffs ) VS. j IFRANK SERIO, JR. , WILLIAM ) J. SULLIVAN, WALTER SOULE ) IRAYMOND VIVENZIO, LOUIS ) RISSIN, DMD, ROBERT P. FORD, ) AND JOHN PALLONE, AS THEY ) ARE MEMBERS OF THE ZONING ) BOARD OF APPEALS FOR THE ) TOWN OF NORTH ANDOVER AND ) the FEDERAL DEPOSIT ) INSURANCE CORPORATION, AS A ) RECEIVER OF THE NEW BANK OF ). NEW ENGLAND, N.A. , PETITIONER) Defendants ) � i i COMPLAINT IN ACCORDANCE WITH THE PROVISIONS OF THE G.L. C. 40A. SECTION 17 1. The Plaintiffs pursuant to G.L. c. 40A, Section 17, appeal the decision of the .Board of Appeals for the Town of North Andover ("the Board of Appeals") allowing the i Petitioner, Federal Deposit Insurance Corporation's application for a variance from the provisions of Section 7.1, 7.2, 7.3 and Table 2 of the North Andover Zoning Bylaw with regard to real estate located at 2 Autran Avenue, North Andover, Massachusetts, said decision dated May 18 of 1993, said decision filed in the Town Clerk's Office for the Town of North Andover on May 18 of 1993 at 3:52 p.m. i 2 . The Plaintiffs, Paul S. Connors and Maureen A. Connors are residents of North Andover, Essex County, Massachusetts, owning a home and residing in that home at 18 Autran Avenue, North Andover, Massachusetts. Plaintiffs' real estate abuts the real estate which is the subject matter of this Complaint, i.e. the real estate located at number 2 Autran Avenue, North Andover, Massachusetts. 3 . The Defendants, Frank Serio, Jr. , William J. Sullivan, Walter Soule, Raymond Vivenzio, Louis Rissin, DMD, Robert I i _ 1 P. Ford and John Pallone are members of the Board of Appeals for the Town of North Andover who reside in the Town of North Andover as follows: Frank Serio, Jr. William J. Sullivan 250 Hillside Road 405 Salem Street North Andover, MA 01845 North Andover, MA 01845 ` Walter Soule Raymond Vivenzio 17 Raleigh Tavern Lane 11 Appledore Lane North Andover, MA 01845 North Andover, MA 01845 Louis Rissin, DMD Robert P. Ford 59 Blueberry Hill Lane 89 Bear Hill Road North Andover, MA 01845 North Andover, MA 01845 John Pallone 67 Vest Way North Andover, MA. 01845 4 . The Defendant Petitioner, Federal Deposit Insurance Corporation has a mailing address for the purpose of the Application for Variance in care of Theodore C. Regante, Esquire, One Essex Center Drive, Peabody, Mass. 01960. j I � 5. The Plaintiffs own a parcel of land located at 18 Autran ' Avenue, North Andover, Essex County, Massachusetts, containing a single-family structure in which they reside with their children which property lies in an R-4 zone, 4 i.e. residential zone, as defined within the Zoning Bylaw for the Town of North Andover. 6. Petitioner, Federal Deposit Insurance Corporation filed an application for variance with the Zoning Board of Appeals for the Town of North Andover "to permit the existing single family residential structure at 2 Autran Avenue to remain in its present location, size and shape or ' in the alternative to modify the variance previously granted in 1985 in Board of Appeals petition number 50-85 in order to provide that a single family residential structure in the size of 241 by 44' may be constructed." (See paragraph 2 of the decision of the North Andover Zoning Board, dated May 18 of 1993. ) 7. The 2 Autran Avenue, North Andover, Massachusetts real estate has been the subject of a prior zoning appeal to this Court in Land Court docket number 131946 which i involves an appeal by Plaintiffs from a prior decision of the Zoning Board of Appeals for the Town of North Andover -2- I� ! I i i I '4 I � I on January 11 of 1989 case number 28-89, the substance of which upheld the decision of the Building Inspector for the jlTown of North Andover in not enforcing the terms of a grant i of variance by the Board allowing construction of a 30' by i 28' single family structure at the locus. Plaintiffs had complained to the Building Inspector that the building as constructed was in fact 24' wide and 44' deep thus j exceeding the limits of the variance granted by the Zoning Board on August 15 of 1985 in case number 50-85 allowing construction of a single family structure 30' by 281 . i 8. On September 14 of 1989, this Court issued a decision in case number 131946 stating that the variance granted in i case number 50-85 was validly granted but that the variance j must be interpreted as including a limitation on the size I of the structure of 30' by 28' because both the application i for variance filed by the Petitioner in case number 50-85 and the notice of decision issued by the Zoning Board of Appeals for the Town of North Andover in that case indicated that the building size was to be 30' by 28' and not 24' by 441 . 9. No appeal to the Appeals Court was filed by the then iowners of the 2 Autran Avenue real estate, Vincent J. McAloon and Louis McAloon with respect to the judgment of I this Court. I 10. The original grant of variance in case number 50-85 on August 15 of 1985 was made to W. Thomas Bower and Louise A. Bower, the then owners of the 2 Autran Avenue real estate. I 11. Subsequent to that grant of variance, Mr. and Mrs. Bower sold the 2 Autran Avenue real estate to Vincent J. j McAloon and Louis McAloon. l 12 . Plaintiffs, Paul S. Connors and Maureen A. Connors had i j appealed the grant of variance in case number 50-85 to �ii Essex Superior Court and following negotiations between themselves and counsel for the Bowers, the Connors withdrew i i� their appeal in that case and received payment of the sum of $6, 500.00 from the Bowers. The terms of that settlement were predicated upon the structure to be built on the 2 Autran Avenue real estate being 30' by 281 . At no time during the course of the settlement discussions was there any discussion between the Connors and the Bowers about a structure being built upon the 2 Autran Avenue lot with the dimensions of 24' by 441 . I� I! -3- I 'I i' i 13 . The original application for variance filed by the Bowers in case number 50-85 sought zoning relief from the i lot area, street frontage, side yard and set back i requirements of the Town of North Andover Zoning Bylaw for i the purpose of constructing a single family residential j dwelling upon the lot with the dimensions of the structure to be 30' by 281 . I� 14. The 2 Autran Avenue lot contains 5, 000 square feet of land. i 15. At the time the application for variance was filed in case number 50-85, the Zoning Bylaw for the Town of North Andover provided for a 12,500 square foot lot area +I requirement, a 100 foot street frontage requirement and a 15 foot side yard setback requirement for construction of a j� single family dwelling. ( 16. Consequently, the R-4 residential zone in which the subject real estate is located requires frontage of 100 feet and the locus has only 50 feet of frontage. In j +, addition, the dwelling has a 10 foot side line set back and the R-4 zoning district requires a 15 foot side line set back. it 17. Plaintiffs, Paul S. Connors and Maureen A. Connors j j notified officials for the Town of North Andover that the ! building which was being constructed at the 2 Autran Avenue j real estate exceeded the 30' by 28' dimensions allowed by the grant of variance in case number 50-85 just as soon as j the foundation for the structure was constructed. Despite �I numerous requests in written form to various officials for j �( the Town of North Andover including the Building Inspector and the Zoning Board of Appeals, construction of the 24' by 44 ' building was allowed to continue by the Town of North Andover and as mentioned previously, this Court on a Motion for Summary Judgment ultimately concluded that the structure as constructed exceeded the allowable dimensions j of the grant of variance in case number 50-85. i' 18 . On May 18 of 1993 in North Andover Board of Appeals case number 16-93 , the Board of Appeals by unanimous vote allowed the Petitioner, Federal Deposit Insurance Corporation's application for a variance so as to permit the existing structure to remain in its present location, I' Isize and shape, containing dimensions of 24' by 44' or in I the alternative to modify the variance granted in 1985 in case number 50-85 such as to allow the 24' by 44' structure to remain rather than a structure 30' by 281 . -4- 1 I' I j �� I 19. As aforementioned, the Zoning Board of Appeals decision in the instant case was filed in the Town Clerk's Office on May 18 of 1993 and a certified copy of that decision is i attached hereto and marked Exhibit A. II20. 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 allowing the petition for variance filed by the Federal Deposit Insurance Corporation in this matter. 21. The decision of the Board of Appeals in allowing the petition of the Federal Deposit Insurance Corporation exceeded the authority of the Board of Appeals for the Town of North Andover. WHEREFORE, the Plaintiffs, respectfully pray that this Court take the following action: i 1 1. Hear all pertinent evidence and determine the facts; 2 . Determine and adjudge that the Board of Appeals decision in allowing the aforementioned petition for variance is error as a matter of law and fact and that the Board of Appeals exceeded its authority; 3 . Order the Building Inspector for the Town of North Andover to enforce the substance of the August 15, 1985 Zoning Board of Appeals decision and the decision of this Court in case number 131946; and 4 . Annul the decision of the North Andover Zoning Board of Appeals in case number 16-93 5. Grant such further relief as justice and the rights of the parties may require. �I Respectfully, Paul S. Connor and Maureen A. Connors, by I the torney: Anee 99 Massa setts Avenue Arlington, Mass. 02174 Telephone: 617-646-4911 Dated: June 3 , 1993 -5- I i Any ap eal 's;••��'� CpEC"• � P shall 'X b� filed '�• Ma*^ TO'�- . , ,�R Within (20) r'^ws ac:,- the t,.�sss �3F1r. : .;,: �� d,;ie of ii: co t;lis l +ceu�• 3 52�� 193 Office in the - ..,tire _ /e of t Clerk. he Town TOWN OF NORTH ANDOVER MASSACHUSETTS ATPEST. A 'itue COPY BOARD OF APPEALS NOTICE OF DECISION Town Clerk Date . .Kay. .1.$, .1993. . . . . . . . .. . . . Petition No.. .016-93. . . ... . .. . .. . . April 13, 1993 Date of Hearing. .?IaY. 11,E .1993. . . . Petition of . . .Federal .Deposit .Insurance .Corpoxat ion. . . . . . . . . . . . . . . . . . . .. .. . . .. .. .. .. . Premises affected . . . I .Autran Avenue. . . . . . . .. . . . . . . . . . . . . . .. . .. . . . . . . ... . . . . .. . . . . . . . Referring to the above petition for a variation from the requirements of tlw.Section.7.. . . . . Paragraph .7,17.2, 7.3 and Table 2. .of.0e, Zoning. 13yliw. . . . . . . . . . . . . . . . . .. . . . . . . . so as to permit .existing.structure. to. zemain.3n .its.present.location,•size •and• • • . shape. consisting. of .24'%4.4.'. .or.ln. the .alternative. to. modify. the .variance .. .. . . . in 1985, Petition 4150-85. After a public hearing given on the above date,the Board of Appeals voted to . GRANT. . . . . the variance. . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . .Federal. Deposit. Insurance .Corporation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . Signed �� Frank Serio, Jr. ,6airman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Walter. .Soule. . . . . . . .. . . . . . . . . . . . . . . . . . . . .Louis. Rissin. . . . . . . . .. . . . . . . . . . . . . . . . .John. Pallone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeal Any c-,D,n--a! s",-.!l L-2 filed Wit, i.: ,-7100 r'nvs n: tile C;a1 1 133 z, 0�i��Tlce of Vie- To-,.-.!n 3 4P Uerk. ,SSACMus TOWN OF NORTH ANDOVER AT=sr MASSACHUSETTS A Tius Copy BOARD OF APPEALS Town Clerk Federal Deposit Insurance Corporation DECISION C/o Theodore C. Regnante, Esquire Regnante, Regnante, Sterio & Osborne Petition #016-93 One Essex Center Drive Peabody, MA 01960 A public hearing was held on Tuesday, April 13, 1993, at 7:30 p.m. and continued on Tuesday, May 11, 1993 at 7:30 p.m. , to consider the Petition of the Federal Deposit Insurance Corporation as a receiver of the New Bank of New England, N.A. , requesting a variance from Sections 7.1, 7.2, 7.3 and Table 2 of the North Andover Zoning Bylaw as said provisions apply to the real estate known as 2 * Autran Avenue, North Andover, Massachusetts. Assessor's Map 45C, Parcel 25 (the "Property") to permit the existing single family residential structure to remain in its present location, size and shape, or in the alternative, to modify the variance granted in 1985, in the Board of Appeals Petition No. 50-85 to provide that a single family residential structure in the size of 241 X 441 may be constructed. Notice of the hearing was published in the North Andover Citizen on March 24 , 1993 and March 31, 1993. On March 25, 1993, copies of said notice were mailed, postage prepaid, to all parties shown on the Assessor's most recent tax list as being entitled to notice pursuant to M.G.L. Chapter 40A, Section 11. The petitioner was represented by Theodore C. Regnante, Esquire, of the firm of Regnante, Regnante, Sterio & Osborne, Peabody, Massachusetts, who presented to the Board the facts in the case and a plot plan entitled "Plan of Land in No. Andover, Mass." Scale 11 = 401 , dated February 17, 1993 by Hayes Engineering, Inc. , Civil Engineers and Land Surveyors (the "Hayes Plan") which plan will remain on file with the Board. 1 1 FINDINGS OF FACT The Petitioner, The Federal Deposit Insurance Corporation, acquired the Property in its capacity as received of the New Bank of New England, N.A. by virtue of a foreclosure deed dated November 8, 1991 and recorded with the Essex North District Registry of Deeds in Book 3409, Page 109. On August 15, 1985, the Board, in Case No. 50-85, granted a variance (herein referred to the "Variance" or the "Decision") under Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw for the Town of North Andover to permit a single family residential structure to be constructed on the Property. The Decision specifically provided that a single family residential structure could be constructed on the 5,000 square foot lot provided the following requirements were met: west side setback of 15 feet; rear setback of 25 feet; and east side setback of 10 feet. The Hayes Plan shows clearly that these requirements have been met. The Hayes Plan does show uncovered stairs on the east and west sides of the building which appear to encroach over the required side setback limits. However, Section 7.3 of the Zoning Bylaw provides that uncovered steps are excluded when computing minimum setback requirements so the Property as shown on the Hayes Plan complies with the conditions of the Variance. The Notice of Decision for the Variance was drafted to indicate that the original application for the Variance stated the size of the structure to be constructed as 281X301 . Notwithstanding this reference in the Notice of Decisions, the Decision and the Notice of Decision did not mandate the maximum size of the structure to be constructed. The Chairman of this Board, Frank Serio, Jr. , was also the Chairman of the Board which granted the Variance in 1985. Mr. Serio stated that the inclusion of any size limitation of the structure on the Notice of Decision in 1985 was a scrivener's error, and that no size limitations were included in . the actual Decision. On August 30, 1985, the Board issued a letter stating that the Decision did not clearly delineate the required statutory findings upon which the issuance of the Variance was based. This letter specifically stated that the requirements of Section 10.4 of the Zoning Bylaw had been satisfied. The Board found 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 related 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. " The Board further found that the relief granted was not a detriment to the public good and in fact was beneficial thereto by providing necessary affordable housing. 2 Abutters to the Property, Paul S. Connors and Maureen A. Connors, appealed the Decision in the Essex County Superior Court, Civil Action No. 82-2151, on the basis that the Board exceeded its authority in granting a variance without the required statutory findings. Various negotiations between the parties thereafter resulted in the settlement of the case and a Stipulation of Dismissal in the Superior Court case was allowed on December 29, 1986 setting forth the settlement terms which included the payments of $6,5000.00 to the Connors. A Notice of Compliance was filed with the Essex North District Registry of Deeds on March 2, 1987 in Book 2437, Page 301, evidencing compliance with the settlement terms. The doctrine of Res Judicata prohibits the abutters, the Connors, from further challenging the validity of the Decision whether on the basis of the adequacy of the required statutory findings or any other basis. After construction on the Property commenced in accordance with the Variance, the Connors issued written requests to the Building Inspector to prohibit further construction and revoke the building permit. The Connors stated that the structure, as built, was 23 ' X 44 ' and was larger than the 28 ' X 30' structure that the Variance purportedly permitted. The Building Inspector refused to interfere with construction stating that the structure was constructed in accordance with the Variance and a validly issued building permit. The Connors appealed the decision of the Building Inspector to the Board of Appeals in Case No 28-89. On January 11, 1989, the Board voted to uphold actions of the Building Inspector and the issuance of the building permit on the grounds that the existing structure complied with all the requirements of the Variance. The Connors appealed the Board's decision to uphold the action of the Building Inspector and the issuance of the Building Permit to the Land Court Department of the Trial Court, Miscellaneous Case No. 131946 (the "Land Court Case") . On September 14, 1989, the Court, By Judge Cauchon, issued a decision stated that the Variance was validly granted and "cannot be collaterally attached" , but that the Variance should be interpreted as including a limitation on the size of the structure of 28' X 301 . Mr. Serio stated that this Board has never mandated building size in any variance decisions and did not intent to do so in the present case. The Board notes that there are no maximum lot coverage requirements set forth in the Zoning Bylaw for structures located in R-4 Districts and any mandate of structure size would exceed the authority of the Board. Grant of Relief The Board hereby grants the following relief: 1. The Board hereby clarifies its intent in its. decision in 3 Case No. 50-85 to wit: that the Variance does not include any condition limiting building size. Provided the set back requirements as set forth in the Decision have been satisfied (which compliance is evidenced on the Hayes Plan) the Board did not mandate building size and in fact does not have the authority to mandate building size in R-4 Districts. The structure as constructed an currently existing, and shown on the Hayes Plan has at all times complied and presently complies with the Variance as granted. The Board hereby reaffirms the granting of the Variance and the specific statutory findings outlined int he Decision and the clarifying letter and as set forth above. 2. To the extent that Judge Cauchon's decision in the Land Court Case was intended to require this Board to modify the Board's Decision in Case No. 50-85, the Decision is hereby so modified to eliminate the requirement that the structure not exceed 28 ' X 301 . The statutory findings required for the issuance of a Variance discussed in Paragraph 1 above are hereby reaffirmed. 3. To the extent that Judge Cauchon's decision in the land Court Case require a new variance, the Board hereby grant Petitioner's application for a variance from the requirements of Section 7, Paragraph 7.1, 7.2, 7.3 and Table 2 of the Zoning Bylaw to permit the single family residential structure in its current size (23 ' X 44 ' with a 1' overhang on the second floor) as shown on the Hayes Plan to remain as constructed. The statutory requirements of the Bylaw which the Board must find in order to grant variances are as follows: ". . .owing to circumstances relating to soil conditions, slope, or topography of the land or structures, and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw." Massachusetts General Laws Chapter 40A, Section 10 states that permit granting authorities may grant variances when they find ": . .circumstances relating to the soil conditions, shape or topography of such land or structures and especially affect- ing such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve 4 substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or Bylaw." The lot consists of 5,000+ square feet and was laid out on a plan of land filed with the Essex North Registry of Deed as Plan 406 in 1920 (the "1920 Plan") . Most of the lots on the 1920 Plan consist of 4,500 or 5,000 square feet. A change in zoning subsequent to the 1920. Plan prohibits the Property from being used for single family residential purposes without a variance. The Property is unique in that it is surrounded by either single- family homes on larger lots (which larger lots were created by combining lots on the 1920 Plan) , or on undersized lots for which variances were granted to permit construction. This lot appears to be one of the only undersized lots left on the 1920 Plan in the immediate neighborhood that is affected. The location and shape of this lot best lend itself to a single-family residential use. The intent and purpose of the Bylaw is to encourage the most appropriate uses of property. The Board finds that the Property has been deeded as a separate lot and Petitioner's predecessors in title have relied on its ability to be used 'for a single family residential dwelling. By granting Petitioner's Variance and permitting the existing single family residential structure to remain on this undersigned lot, North Andover will be provided with an additional unit of much needed affordable housing. The Board specifically finds circumstances exist which affect only the Property such that a literal enforcement of the Zoning Bylaw would result in hardship to the Petitioner. The granting of this Variance permitting the existing single-family residential structure to remain in its present size and location will not result in substantial detriment to the public good and will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning Bylaw. Dated this 18th day of May 1993. BOARD OF APPEALS Frank Serio Chairman 5 ti s TOWN OF NORTH ANDOVER BOARD OF APPEALS PETITION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION CASE NO. 016-93 A public hearing was held on Tuesday, April 13, 1993, at 7:30 p.m. and continued on Tuesday, May 11, 1993 at 7:30 p.m. , to consider the Petition of the Federal Deposit Insurance Corporation as receiver of the New Bank of New England, N.A. , requesting a variance from Sections 7.1, 7.2, 7.3 and Table 2 of the North Andover Zoning By-Law as said provisions apply to the real estate known as 2 Autran Avenue, North Andover, Massachusetts, Assessor's Map 45C, Parcel 25 (the "Property") to permit the existing single family residential structure to remain in its present location, size and shape, or in the alternative, to modify the variance granted in 1985, in the Board of Appeals Petition No. 50-85 to provide that a single family residential structure in the size of 24' x 44' may be constructed. Notice of the hearing was published in the North Andover Citizen on March 24, 1993 and March 31, 1993. On March 25, 1993, copies of said notice were mailed, postage prepaid, to all parties shown on the Assessor's most recent tax list as being entitled to notice pursuant to M.G.L. Chapter 40A, Section 11. The Petitioner was represented by Theodore C. Regnante, Esquire, of the firm of Regnante, Regnante, Sterio & Osborne, Peabody, Massachusetts, who presented to the Board the facts in the case and a plot plan entitled "Plan of Land in No. Andover, Mass." Scale 1" = 40' , dated February 17, 1993 by Hayes Engineering, Inc. , Civil Engineers and Land Surveyors (the "Hayes Plan") which plan will remain on file with the Board. t FINDINGS OF FACT The Petitioner, the Federal Deposit Insurance Corporation, acquired the Property in its capacity as receiver of the New Bank of New England, N.A. by virtue of a foreclosure deed dated November 8, 1991 and recorded with the Essex North District Registry of Deeds in Book 3409, Page 190. On August 15, 1985, the Board, in Case No. 50-85, granted a variance (herein referred to as the "Variance" or the "Decision") under Section 7, Paragraphs 7.1, 7.2, 7.3 and Table 2 of the Zoning By-Law for the Town of North Andover to permit a single family residential structure to be constructed on the Property. The Decision specifically provided that a single family residential structure could be constructed on the 5,000 square foot lot provided the following requirements were met: west side setback of 15 feet; rear setback of 25 feet; and east side setback of 10 feet. The Hayes Plan shows clearly that these requirements have been met. The Hayes Plan does show uncovered stairs on the east and west sides of the building which appear to encroach over the required side setback limits. However, Section 7.3 of the Zoning By-Law provides that uncovered steps are excluded when computing minimum setback requirements so the Property as shown on the Hayes Plan complies with the conditions of the Variance. The Notice of Decision for the Variance was drafted to indicate that the original application for the Variance stated the size of the structure to be constructed as 28'x30' . Notwithstanding this reference in the Notice of Decision, the Decision and the Notice of Decision did not mandate the maximum size of the structure to be constructed. The Chairman of this Board, Frank Serio, Jr. , was also the Chairman of the Board which granted the Variance in 1985. Mr. Serio stated that the inclusion of any size limitation of the structure on the Notice of Decision in 1985 was a 2 - scrivener's error, and that no size limitations were included in the actual Decision. On August 30, 1985, the Board issued a letter stating that the Decision did not clearly delineate the required statutory findings upon which the issuance of the Variance was based. This letter specifically stated that the requirements of Section 10.4 of the Zoning By-Law had been satisfied. The Board found 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 related 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. " The Board further found that the relief granted was not a detriment to the public good and in fact was beneficial thereto by providing necessary affordable housing. Abutters to the Property, Paul S. Connors and Maureen A. Connors, appealed the Decision in the Essex County Superior Court, Civil Action No. 82-2151, on the basis that the Board exceeded its authority in granting a variance without the required statutory findings. Various negotiations between the parties thereafter resulted in a settlement of the case and a Stipulation of Dismissal in the Superior Court case was allowed on December 29, 1986 setting forth the settlement terms which included the payment of $6,500.00 to the Connors. A Notice of Compliance was filed with the Essex North District Registry of Deeds on March 2, 1987 in Book 2437, Page 301, evidencing compliance with the settlement terms. The doctrine of Res Judicata prohibits the abutters, the Connors, from further challenging the validity of the Decision whether on the basis of the adequacy of the required statutory findings or any other basis. - 3 - 4 After construction on the Property commenced in accordance with the i Variance, the Connors issued written requests to the Building Inspector to prohibit further construction and revoke the building permit. The Connors stated that the structure, as built, was 23' x 44' and was larger than the 28' x 30' structure that the Variance purportedly permitted. The Building Inspector refused to interfere with construction stating that the structure was constructed in accordance with the Variance and a validly issued building permit. The Connors appealed the decision of the Building Inspector to the Board of Appeals in Case No. 28-89. On January 11, 1989, the Board voted to uphold actions of the Building Inspector and the issuance of the building permit on the grounds that the existing structure complied with all of the requirements of the Variance. The Connors appealed the Board's decision to uphold the action of the Building Inspector and the issuance of the Building Permit to the Land Court Department of the Trial Court, Miscellaneous Case No. 131946 (the "Land Court Case") . On September 14, 1989, the Court, by Judge Cauchon, issued a decision stating that the Variance was validly granted and "cannot be collaterally attacked", but that the Variance should be interpreted as including a limitation on the size of the structure of 28' x 30' . Mr. Serio stated that this Board has never mandated building size in any variance decisions and did not intend to do so in the present case. The Board notes that there are no maximum lot coverage requirements set forth in the Zoning By-Law for structures located in R-4 Districts and any mandate of structure size would exceed the authority of the Board. Grant of Relief The Board hereby grants the following relief: 1 . The Board hereby clarifies its intent in its decision in Case No. 50-85 to wit: that the Variance does not include any condition - 4 - i limiting building size. Provided the set-back requirements as set forth in the Decision have been satisfied (which compliance is evidenced on the Hayes Plan) the Board did not mandate building size and in fact does not have the authority to mandate building size in R-4 Districts. The structure as constructed and currently existing, and shown on the Hayes Plan has at all times complied and presently complies with the Variance as granted. The Board hereby reaffirms the granting of the Variance and the specific statutory findings outlined in the Decision and the clarifying letter and as set forth above. 2. To the extent that Judge Cauchon's decision in the Land Court Case was intended to require this Board to modify the Board's Decision in Case No. 50-85, the Decision is hereby so modified to eliminate the requirement that the structure not exceed 28' x 30' . The statutory findings required for the issuance of a Variance discussed in Paragraph 1 above are hereby reaffirmed. 3. To the extent that Judge Cauchon's decision in the Land Court Case requires a new variance, the Board hereby grants Petitioner's application for a variance from the requirements of Section 7, Paragraphs 7.1, 7.2, 7.3 and Table 2 of the Zoning By-Law to permit the single family residential structure in its current size (23' x 44' with a 1' overhang on the second floor) as shown on the Hayes Plan to remain as constructed. The statutory requirements of the By-Law which the Board must find in order to grant variances are as follows: " . . . owing to circumstances relating to soil conditions, slope, or topography of the land or structures, and especially affecting such land or structures but not affecting generally the zoning district in general , a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw." - 5 - i Massachusetts General Laws Chapter 40A, Section 10 states that permit granting authorities may grant variances when they find . circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures 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 or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-Law. " The lot consists of 5,000+ square feet and was laid out on a plan of land filed with the Essex North Registry of Deed as Plan 406 in 1920 (the "1920 Plan") . Most of the lots on the 1920 Plan consist of 4,500 or 5,000 square feet. A change in zoning subsequent to the 1920 Plan prohibits the Property from being used for single family residential purposes without a variance. The Property is unique in that it is surrounded by either single-family homes on larger lots (which larger lots were created by combining lots on the 1920 Plan) , or on undersized lots for which variances were granted to permit construction. This lot appears to be one of the only undersized lots left on the 1920 Plan in the immediate neighborhood that is affected. The location and shape of this lot best lend itself to a single-family residential use. The intent and purpose of the By-Law is to encourage the most appropriate uses of property. The Board finds that the Property has been deeded as a separate lot and Petitioner's predecessors in title have relied on its ability to be used for a single family residential dwelling. By granting Petitioner's Variance and permitting the existing single family residential structure to remain on this undersigned lot, North Andover will be provided with an additional unit of much needed affordable housing. - 6 - The Board specifically finds circumstances exist which affect only the Property such that a literal enforcement of the Zoning By-Law would result in hardship to the Petitioner. The granting of this Variance permitting the existing single-family residential structure to remain in its present size and location will not result in substantial detriment to the public good and will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning By-Law. The Decision dated May _, 1993. NORTH ANDOVER BOARD OF APPEALS By FRANK SERIO, JR. By WILLIAM J. SULLIVAN By WALTER SOULE By RAYMOND VIVENZIO By LOUIS RISSIN, D.M.D. By ROBERT FORD, Associate Member By JOHN PALLONE, Associate Member 7 - I \~ TELEPHONE 646-4911 t FAX 646-4910 ROBERT J. ANNESE ATTORNEY AT LAW O 99 MASSACHUSETTS AVENUE ARLINGTON, MASSACHUSETTS 02174 Kffl I n March 12, 1993 ��(jj�� BOAR 7OF Ai�PEALS t Karen H. P. Nelson, Director Town of North Andover Division of Planning and Community Development 120 Main Street North Andover, Mass. 01845 Dear Ms. Nelson: Thank you for sending along the notice indicating that the FDIC Corporation has requested a variance hearing with regard to the 2 Autran Avenue, North Andover, Massachusetts real estate. I will, of course, plan on attending the hearing for the purpose of opposing the application for variance. I am intrigued as to how the FDIC Corporation is going to obtain a variance to allow the existing 24 by 44 building to remain on the 2 Autran Avenue lot in light of the decision of the Land Court dated September 14 of 1989, the substance of which precisely addressed that very issue. Is it possible that counsel for the FDIC has not read the Land Court decision of Judge- Cauchon. That would be the only reason I could reasonably conclude that the FDIC is pursuing the present application for a variance. In my view, it is highly unfair to compel Mr. Connors to pay me to fend against this latest application for variance in light of the clear cut decision of the Land Court and in light of the fact that the Zoning Board of Appeals would be without authority to grant relief to the FDIC to allow the existing building to remain at 2 Autran Avenue because of the conclusions of fact and law of the Land Court decision. Would you please give me a call as I would like to discuss this matter with you prior to the April 13 Zoning,BQard of Appeals hearing. 1 i i - Very truly yours, er , nne e RJA:md cc: Mr. Paul Connors . ON1NG u I Alq4A 40 CRA08. f i EXHIBIT "B" PLAN OF LAND /N t: NO. ANDOVER UASS. SIM& MWUW C1�1s7 Awr,MQ/�MlaApv a taoe/Jx AY„�601prAn As»somas !nAn,q 4fxwrWIIM tM a lJWI J71lf IlPCHS1/Y GL[S AD1 lAf 1117111N A Ral?JNb147 AI�1/1pV�A M Yl AS S74g1Ar ,010 QM ROfb M!F/1V QlMRAI//r MAQ Mi�R1I PlACliV e�R/R f14IL'AI!OfTl+ PIV!',� lAfJ ; - rave uw SLQMDcs► ~- SES 61Gt4W OF,4PPLUS OMSION 04s£ --------------- -- Acw max WARM AwrEt ------------------ PJM --------------------- r : ; --------------------- i+�t for t��waF or evjza wv 4m7rnwr smcnw raw r�xcw. "9h w: vA&rAMLY'otm or 7L, sam arm V h ."r r4 jaw. AOW AUTRAN A VENUE Awe isVA ua�ays — mw/s=W M. LOT A. 5,000 S.F. ZONE- P-4 6S L v < �- $ _J 03 �MONpI J,�,¢(OWYW�9pIU1iYil17(8�plIYJQ„��Od . SIAH4 0b:gn E5, aS ala EXHIBIT "C" ►` . o. 11r4 CI_f 1tK r�. Ala 1" :alp T0� • i• pass �� HOR111 AN1104ER ,.-., _ •. q«;ug . JAN J,Z 10 23 all datc cif ji.;ij o, �;,i� i.;;,t;,�e TOWN OF NORTH ANDOVER in the Office of the Town MASSACHUSETTS Clerk. BOARD Of APPEALS NOTICE OF DECISION Paul S. Connors 18 Autran Avenue Date January 11, 1989 N. Andover, MA 01845 Petition No.. . .28-89 . . Date of Hearing. . J.AnuOry. j0.,. .jgsq Petition of . . Paul .S. . Conno.ts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . .Autran.Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Referring to the above petition f caKHMEMECM Party.Aggreived . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . =222 POMMit for.a. review.of. a. decision. made. by. -the .Building.Inspector.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 xndXt0tjbxxa�h�o Xt �u4k�st�xl q� �onYx�sc.�esraexa Board matte a determination that the original Building Inspector s decision be u he d on the grounds that the size of the existing structure falls within the 'setb'ack'va=lances'g=aiited'bn' �ttie origiiial�decisiori'of' ttie 'Board' of ' • ' ' August, 1985. e*xbawdxapom hnzia_9:=eufitio=x Signed Walter Soule, Acting Chairman Raymond ven Vizio Anna O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Louis Rissin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals in cr. the .rc'•�r _ �AN �Z ld Z3 �YM TOWN OF NORTH ANOOvER MASSACHUSETTS HOARD OF APPEALS * •Paul. S. Connors . * Petition X28-89 18 Autran Avenue N. Andover, MA 01845 * DECISION * * 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 la cated at Lot 3, Autran Avenue. The following members were present and voting: Walter Soule, Acting Chairman. Raymond ?ivenzio, Anna O'Connor and Louis Rissin. f' 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. oiveuzio and seconded by Ms. O'Connor, the Board voted I usly, 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 rhe original decision of August. 1985- i 1 The Board finds that this decision will, not adversely affect the neighborhood or derogate from the intent and purposes of the Zoning ByLaws F Dated this Ilth day of January, 1989. i t BOARD OF APPEALS Walter Soule Acting (,hair n j /awz I t ATl'E= , A Tras C4p4 I l i Town auk i , tin Kretsch of DiNisco,Kretsch tural engineer and the town's as Further,we don't expect inform a 'R:. and Associates;an architectural . sistant building inspector once tion on why the problem exists firm in Boston,John Cyr,Sr.,and again investigated the roof and until a couple of weeks.That's a structural engineei investi deemed it safe.. :how long it will take to get results ° gated the elementary school's. "I have assurances from him ' analysed from the lab. ' roof,after the school's principal that there is no.reason to think "Ten percent,if that much,of . discovered that several pieces of that any child is in danger,"Blais- the roof is deteriorated," Blais- the'roof have fallen down. dell told the School Committee dell told the School Committee. None of the debris landed in Monday night."There is nothing This isnot the first time there •� `� '" " classrooms or office, but:was to be alarmed about,and we will has beeri a problem with the Kit='. caught by the suspended ceilings, stay on top of the situation." tredge School roof.,The roof had a -" located 2.5 feet below the cement Monday after school,the custo- leakage problem 10 years ago. } one. > dians were instructed to go up in .Blaisdell suggested the leakage Saturday, the School Supt. the ceiling once again and take problems could be a reason for George Blaisdell authorized Di- down any portion of the cement the deterioration, but the lab ' rector of Business Services Fred .roof that looked loose,so that no' would have to determine that. Fallen tiles-These sections of tile from the Kittredge-School roof were Rex to place several custodians thing would fall',said Blaisdell. Parents were notified of the on overtime to go up into the sus- Also Monday afternoon,boxes roof problem in a letter sent from removed from the space between the roof and the suspended ceiling after pended ceiling and clean out all of samples of the fallen debris Blaisdell yesterday,Jan.10. school officials discovered they had fallen down. .. . Land COLlI'� Sa S ZBA I11 erf'OI' Weebus won't run Monday The state land court has over- the 719 Winter St.lot at that time The land court judge did not Local bus service will not be offered on Jan.15,Martin Luther turned a judgment of the North were Thomas and Louise Bowers. accept this rationale,however. King Jr.day. Andover Zoning Board of Appe- The Bowers sought and re- • Because the house has already, There also will be no Weebus service in North Andover,An- als by ruling that a house Built on ceived a variance to construct a _been built,Mr:Connors said he" hover or Methuen,nor intown shuttle service in Andover and land at 719 Winter St..is in viola- 30-by-28 foot building on the lot. does not know what reparation,; Lawrence. ! tion of the North Andover Zoning The Connors protested the- will be made. I % Commuter rail service will run on its regular schedule. Bylaw. proposed variance. They later However,he said his lawyer The home,owned by Vincent J. reappeared before the ZBA to say has just sent a letter to Building and Louise McAloon, "is in ex- that the foundation layed ex- Inspector Robert Nicettainform- cess of the Aug. 15, 1985 variance ceeded even the variance that ing him of the land court's and in violation of the North An- had been granted. decision. dover Zoning Bylaw," deter- It was approximately.30-by-44 John J.Leahy, CPA has been ses,and their owners. mined court official wJ. deter- feet. Changing the size of the house awarded a master of science de- Leahy is a member of the on Sept.14. or a financial settlement are pos- gree in taxation from the Bentley American Institute of CPAs,the Paul and Maureen Connors, The ZBA responded that the sible alternatives, but, at this College Graduate School. Massachusetts Society of CPAs whose home at 18 Autran Ave. construction was legitimate,ac- point,Connors said,"I can't tell Leahy is the founder of John J. -and the New Hampshire Society abutts the McAloon's,brought the cording to Mr.Connors,maintain- you what's going to happen." Leahy and Company,a local CPA of CPAs. question before the land court in ing that as long as the setback and If there were a financial settle- firm which provides tax planning, He lives on Middlesex Street Sept. 1989 after going before the .side yard measurements meet ment,he does not know whether, management consulting,account with his wife Patricia and their ZBA twice to contest the size of a those of the variance,the build- the McAloons or the town would ing software installation and two daughters, Christen and proposed home. The owners of ing is in compliance. be obligated to pay` training to closely held busines Debbie. house It's for one at Crossroads C®ffee Crossroads Coffeehouse atten- Coffeehouse said, "The energy lees will have a special treat for and warmth that Dean Stevens '_ ' , ,3 � the January concert—two for the performance conveys is a rare . ' price of one. treat indeed." n A'- ' Singers and guitar players Jerry Christen of New Song Dean Stevens and Brooks Wil- News called him"a performer ofrR liams share the stage at the North great sensitivity and wit. His Parish Church coffeehouse Satur- spirit of joy and sharing shines ,1— Tin 11 Dnnr� .r)nn nt 7.1r, 4—itnh bic miicin" - •`' :� '�' ' .�'. .,.. COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Essex, ss. Miscellaneous Case No. 131946 PAUL S. CONNORS and MAUREEN A. CONNORS, Plaintiffs VS. WALTER SOULE, RAYMOND VIVENZIO, ANNA O'CONNOR and LOUIS RISSIN, as they are members of the ZONING BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER, VINCENT J. McALOON and LOUIS MCALOON, Defendants - DECISION AND ORDER This is an appeal from a determination by the Town of North Andover Building Inspector that a building on the Defendants McAloons' lot is in compliance with the North Andover Zoning By- law ("By-law") . The Defendants McAloon are the owners of a lot measuring 50 ' x 100 ' (the "Lot") located on the southerly side of Autran Avenue in North Andover. Zoning requirements in this area require 12,500 square feet in area and 100 feet in frontage. The parties agree that this lot does not qualify for the exemption for single family dwellings under G.L. c. 40A, §6. The Defendants McAloon have moved for summary judgment in this action. This matter came on to be argued on September 5, 1989 . After considering arguments of counsel, memoranda, pleadings and 1 6 , documents, I find and rule that there is no genuine issue of material fact, and that the matter is ripe for summary judgment pursuant to Mass. R. Civ. P. 56. Community National Bank v. Dawes, 369 Mass. 550, 559 (1976) . I find the following facts to be material and uncontested: 1. On July 22, 1985, said Defendants' predecessor in title applied for a zoning variance to construct a 30 ' x 28 ' building on the Lot. Paragraph 4 of the application reads: 4. Size of proposed building: 30 ' front; 28 ' feet deep; Paragraph 7 of the application reads: 7. Description of relief sought on this petition ' Variance as to Lot Area, Street Frontage, and Side Yard Setback. • (Words underlined were filled 'in by the petitioners. ) 2. On August 15, 1985, the Zoning Board of Appeals of North Andover ("Board") voted as follows to grant the variance: . to grant variance subject to the following: . Limit west side setback to 15 feet, rear to 25 feet . . . grant lot size 5, 000 ' feet, easterly 10 feet. 3 . The notice of variance filed with the Town Clerk the . following day states in part: Referring to the above petition for a variance from the requirements of the Zoning Bylaw Section 7 , Paragraph 7. 1, 7. 2 , 7. 3 and Table 2 so as to permit construction of 30 ' x 281 , two story residential dwelling (Words underlined are those of the Board. ) 4 . This matter was duly appealed by the Plaintiffs herein. Prior to a hearing thereon, the matter was resolved and the Plaintiffs' appeal voluntarily dismissed. 2 5. Subsequent thereto, the Defendants McAloon acquired the Lot and commenced construction of a dwelling, the dimensions of which were approximately 301 x 441 . 6. The Plaintiffs seek enforcement of the By-law, alleging that the variance granted was for a residence measuring 301 x 281 and any measurements in excess thereof are in violation of the By- law. Both the Building Inspector and the Board have held that as long as the setback and side yard measurements meet those of the variance, the building is in compliance. The Plaintiffs maintain that even if this is correct, the building is still in violation. I do not, however, reach this argument for reasons stated below. There is no question that the variance was granted, and as granted is valid. Even if as issued it may not withstand an appeal, the appeal period has long passed and it cannot be collaterally attacked. The petitioners sought a variance from various sections of the By-law, one of which was to construct a 30' x 281 residence on a 5, 000 square foot lot. The variance was granted, along with necessary variances for rear and side yards. Obviously, if a structure is built with the yard limitation, it would greatly exceed 301 x 281 . If one accepts the interpretation of the Board, there would appear to be an inconsistency between what was granted and what was petitioned for. This inconsistency disappears if the variance is read as granting the right to construct a 301 x 281 residence within the yard limitations as stated. When one seeks a variance, it must be for some specific use, as in this case, for a 301 x 281 residence. One may not seek a general variance for a 3 I i 4 structure of unspecified size or use on a substandard lot. To hold otherwise would recognize a blanket authority in a Board of Appeals to grant a variance in excess of the petition and also in excess of what was presumably described in the notice to the public. In consideration of the foregoing, I grant summary judgment to the Plaintiffs and find that the building of the Defendants McAloon is in excess of the August 15, 1985 variance and in violation of the North Andover Zoning By-law. By the Court (Cauchon, J. ) Attest: Charles W. Trombly, Jr. YRecorder Dated: A TRUE COPY_ ATTEST: V.J RECORDER 4 i Y l + COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS LAND COURT DEPARTMENT Docket No. 131946 PAUL S. CONNORS AND MAUREEN ) A. CONNORS, ) Plaintiffs and Defendants ) in Counterclaim ) VS. ) WALTER SOULE, ET ALS, AS THEY ) PLAINTIFFS' ARE MEMBERS OF THE ZONING BOARD ) MEMORANDUM OF OF APPEALS FOR THE TOWN OF ) LAW AND FACT IN NORTH ANDOVER, ) OPPOSITION TO Defendants ) DEFENDANTS, VINCENT J. MCALOON AND VS. ) LOUIS J. MCALOON' S MOTION FOR SUMMARY VINCENT J. MCALOON AND ) JUDGMENT LOUIS MCALOON, ) Defendants, and Plaintiffs ) in Counterclaim ) STATEMENT OF FACTS Plaintiffs own a single family residential dwelling located at 18 Autran Avenue, North Andover, I Massachusetts. i I On July 22 of 1985, Mr. and Mrs. W. Thomas Bower, the owners of lot A, a vacant parcel of land abutting I plaintiffs' real estate, filed an application with the North Andover Zoning Board of Appeals requesting a variance for the purpose of constructing a single family residential dwelling upon lot A. (Plaintiffs' Supplemental Affidavit Exhibit 4 ) Lot A contained 5,000 square feet of land and had frontage of 50 feet. The application for relief filed with the Zoning Board of i Appeals indicated in paragraph 4 that the size of the proposed building would be 30 feet wide and 28 feet deep. A Zoning Board of Appeals hearing was held on August 12 of 1985 and Paul Connors, attended the Zoning hearing and examined the plans submitted by Mr. and Mrs. Bower with respect to their proposed construction. The initial plan submitted indicated that the size of the building to be constructed would be 30 feet wide and 28 feet deep. The discussion which occurred at the time of the Zoning hearing included an objection by Mr. Connors to the construction of the building requested by Mr. and Mrs. Bower because the subject lot did not have the required lot area, street frontage and side yard set back. In addition, Mr. Connors indicated to the members of the Zoning Board that he was planning to construct an w in-ground swimming pool in his back yard and he i I indicated that he required some degree of assurance that the new structure to be built on the Bower' s lot would not unduly infringe on the privacy of the swimming pool area which was going to be constructed. There was no discussion at the August 12, 1985 Zoning Board of Appeals hearing to the effect that the structure which was to be constructed on the Bower' s lot I would be 44 feet deep and not 28 feet deep. -2- I '� II On August 14 of 1985, the Zoning Board of Appeal approved a variance plan with respect to the Bower' s lot, the substance of which indicated that the depth of the structure was to be 33 feet and not 28 feet. (Plaintiffs' Supplemental Affidavit, Exhibit 3) On i August 15 of 1985, the Zoning Board of Appeal filed a 1' notice of decision in the Town Clerk' s Office which provided in part as follows: "Referring to the above petition for a variance from the requirements of the Zoning By-laws: Section 7, Paragraphs 7.1 , 7.2, 7.3 and Table 2 so as to permit construction of a 30 foot x 28 foot two story residential dwelling, after a public hearing given on the above date, the Board of Appeals voted to grant a variance with the following conditions: Demolish existing garage on Bower lot before !I I building permit issued for lot in question; Limit west side set back to 15 feet, rear to 25 feet; Only single-family dwelling allowed; Grant lot size 5,000 feet." (Plaintiffs' Supplemental Affidavit) Mr. and Mrs. Connors appealed the aforementioned grant of variance to Essex Superior Court, in Salem, Massachusetts, premised upon the legal argument that the Zoning Board of Appeals exceeded its authority in j granting a variance to the Bowers because the hardship -3- I requirements of Chapter 40A had not been met by Mr. and IMrs. Bower in connection with their application for zoning relief. Subsequently, Plaintiffs and the Bowers entered i into a stipulation of settlement in exchange for payment of $6,500.00 paid by the Bowers to Plaintiffs. At no time during the settlement discussions leading up to Plaintiffs executing the stipulation of settlement with the Bowers was there any discussion about a building being constructed on the Bower' s lot which was to be 44 feet deep rather than 28 feet deep. Subsequent to the execution of the aforementioned settlement agreement and stipulation of dismissal, the Bowers sold lot A to Vincent J. and Louis McAloon and the McAloons then proceeded to excavate a foundation on lot A, the physical characteristics of which indicated to the Plaintiffs that the depth of the building was to be 44 feet deep, not 28 feet deep and indeed not even 33 feet deep. Prior to the excavation of lot A and the construction of the aforementioned foundation, Mr. and i Mrs. Connors had gone ahead and had an in-ground swimming pool constructed at the rear of their lot �I behind the back of their house. As soon as Plaintiffs i. ascertained that the depth of the structure being constructed on lot A was 44 feet deep and not 28 or 33 feet deep, they immediately brought that fact to the -4- 'I I i attention of the Building Inspector for the Town of North Andover and the Zoning Board of Appeals for the Town of North Andover. (Plaintiff' s Complaint Para. 14, subsection 5-8. ) Despite the aforementioned protests of Plaintiffs, the Building Inspector for the Town of North Andover allowed construction to proceed. The "As Built" plan submitted by the McAloons to the Building Inspector' s Office at the time they applied for a building permit regarding lot A indicated construction of a building 44 feet deep with the westerly side yard being 11 .5 feet and the easterly side yard being 15.5 feet. The building as constructed upon lot A is in fact 44 feet deep and a porch and stairway has been constructed on the westerly side of the structure abutting the Connors' lot which encroaches into the westerly side yard by approximately 5 feet. In addition, there is also an encroachment on the easterly side yard of lot A. Plaintiffs subsequently filed the instant complaint in this Court requesting that this Court order the Building Inspector for the Town of North Andover to j properly enforce the terms of the grant of variance issued by the Town of North Andover Zoning Board of Appeals on August 12 of 1985 with respect to the size of the building to be constructed on lot A and the side yard set backs. -5- i . i ISSUE OF LAW AND FACT Should the motion for summary judgment of the Defendants, Vincent J. and Louis McAloon be allowed as a matter of fact and law? ARGUMENT OF FACT AND LAW There is no question that Plaintiffs entered into a stipulation of dismissal with Mr. and Mrs. Bower dismissing their appeal from the grant of variance to the Bowers by the North Andover Zoning Board of Appeal which grant of variance occurred on August 12 of 1985. However, the Connors only entered into the aforementioned stipulation of dismissal premised upon the fact that the variance grant allowed construction of a 30 foot by 28 foot, two story residential dwelling upon lot A and that the westerly side yard set back abutting the Connors' lot was to be 15 feet. At the time Plaintiffs and the Bowers entered into the stipulation of dismissal construction had not commenced with respect to the Bower' s lot. Subsequent to the execution of the stipulation of dismissal, Plaintiffs had an in-ground swimming pool constructed at the rear of their lot abutting the Bower' s lot. Plaintiffs were of the view that since the building to be constructed on the Bower' s lot was to be no more than 28 feet deep they would have a degree of privacy with respect to their pool because the structure to be built upon the Bower's lot would in all likelihood -6- it be moved close to the front of the lot in order that the structure would be sited upon the lot in a symmetrical way. In addition, Plaintiffs were of the view that the structure to be constructed on the Bower' s lot would be located at least 15 feet away from their lot line. 1 In actual fact the building as constructed by the McAloons has a westerly side yard of approximately 5 feet. The "As Built" plan submitted by the McAloons to the Building Inspector for the Town of North Andover indicates that the westerly side yard is 11 . 5 feet, however even that description is inaccurate because the "As Built" plan does not show the porch and stairway constructed by the McAloons on the westerly side of the structure which encroaches into the side yard by approximately 5 feet. The easterly side yard was to be 10 feet according to the substance of the variance grant however the "As Built" plan submitted to the Building Inspector by the McAloons indicates that the easterly side yard is 15.5 feet. In actual fact the easterly side yard is less than 15.5 feet when one examines the building as constructed upon lot A. Clearly, the building constructed on lot A by the McAloons does not comply with the terms of the North Andover Zoning Board of Appeals' decision. 1 . The structure was to be 28 feet deep or possibly 33 feet deep if one concludes that the plan approved by the North Andover Zoning Board of Appeals on August 14 -7- - I I I of 1985 is the operative plan referred to within the four corners of the Zoning Board of Appeals' variance decision dated August 15 of 1985. (Plaintiffs' Supplemental Affidavit Exhibit 3) 2. The westerly and easterly side yards of the McAloon structure do not comply with the terms of the Zoning Board of Appeals' decision dated August 15 of 1985 and the terms of the letter of clarification issued by the Zoning Board of Appeal received by the Town Clerk' s Office on August 30 of 1985. Even the letter of clarification indicated that the westerly side yard was to be 15 feet and not the 11 .5 feet shown on the McAloon' s "As Built Plan." Whatever actions were taken by Plaintiffs with respect to settlement of their initial appeal filed at Essex Superior Court were taken premised upon the fact i that the building as constructed by the McAloons would be a 28 foot deep structure or perhaps a 33 foot deep I structure based upon the plan actually approved by the Zoning Board of Appeal but certainly not a structure 44 feet deep. In addition the Plaintiffs were entitled to believe that there would be a 15 foot side yard between their lot line and the McAloon structure based upon the terms of the August 15, 1985 Zoning Board of Appeal decision and based upon all plans submitted to the Board by Mr. and Mrs. Bower, including the plan actually approved. I -8- I I( i Plaintiffs settled their claim with respect to their appeal regarding the variance granted Mr. and Mrs. Bower based upon the aforementioned provisions of the Zoning Board of Appeal decision being adhered to by the 1 Bowers or their successors in interest. In fact that has not been the case because the building as constructed is 44 feet deep, the westerly side yard is i approximately 5 feet and the easterly side yard is approximately 9 feet. A motion for summary judgment can only be allowed if, "There is no genuine issue as to any material fact and if the Court can conclude that the moving party is entitled to a judgment as a matter of law." Mass. R. Civ. P. 56, (c) The competing affidavits filed by the parties in this action are divergent as to whether the building as constructed by the McAloons is in compliance with the terms of the October 15, 1985 grant of variance. The fact that the Building Inspector for the Town of North Andover has concluded that the McAloon structure is in compliance with the terms of the Zoning Board of Appeal decision cannot deter this Court from examining the various documents and affidavits submitted by the parties including the substance of the Zoning Board of Appeal decision, the so-called Bower plan and -9- �j the so-called McAloon plan for the purpose of ascertaining whether the structure actually complies with the Zoning Board of Appeal decision. At a deposition taken of Mr. Nicetta, the Building Inspector for the Town of North Andover, counsel for the McAloons asked him whether the McAloon structure as built complies with the terms of the grant of variance. Mr. Nicetta answered that the structure as built complies with the terms of the variance grant. (Defendant Interveners Second Affidavit, Para. 4) However, it is clear that the structure as built does not in fact comply with the terms of the variance decision when one examines the westerly side yard set back as shown on the "As Built Plan" and the westerly side yard set back as shown on the variance plan approved by the Board of Appeal on August 14, 1985. Certainly the competing affidavits and other documents filed by the parties are divergent as to the above referred to material facts. Gouter International i Ag. v. Raymond Packer Co. , 493 F. 2d 938, (1st Cir. 1974 ) An examination of the affidavits, pleadings and other documents in this action viewed in the context of the inferences drawn from the underlying facts contained in such materials and viewed in the light most favorable to Plaintiffs demonstrates that Defendants' Motion for -10- it • i Summary Judgment cannot be allowed. Old Colony Bank of I Hampden County, N.A. v. Walas, 978 Mass. App. Div. App. Sh. 282 At a bear minimum, in light of the documented differences between the "As Built" plan of the McAloons and the Bower "plan" and the terms of the Zoning Board i of Appeal decision with respect to side yard dimensions and the size of the subject structure, it is apparent that there exist differences between the substance of the grant of variance and the "As Built" plan. Those differences are represented as disputed issues of material fact between the parties. Indeed, an examination of the aforementioned - materials would tend to lead to the conclusion that Summary Judgment should be allowed in favor of Plaintiffs if one simply examines the differences I between the Bower' s "plan" and the McAloon "As Built" i plan. The McAloon plan demonstrates very clearly that the McAloon structure was not constructed in conformity with the side yard dimensions shown on the Bower's "plan" which plan was approved by the North Andover Zoning Board of Appeals as aforementioned. -1 1 - 1i Y `1 • r l� � 1 In light of all of the above referred to circumstances it is clear that Defendant' s Motion for Summary Judgment should be denied. Paul S. Connors and Mau een A. Connors, by th r attorney: /909 t . Annes Massachusetts Avenue Arlington, Mass. 02174 Telephone: 646-4911 i i -12-