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HomeMy WebLinkAboutMiscellaneous - 22 MONTEIRO WAY 4/30/2018r a a May) +e, ro w�.y 3 0 I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE November 17 19.87 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday ..... evening- ..... the 8.th . day of ..December ........... 19. . 8 7, at. - 3.%'clock, to all parties interested in the appeal of Philip & Gloria DiGloria, Jr. ....................... Special Permit ---- I requesting axNgkWmof &c..8, . Parag..8. 6... of the Zoning By Law so as to permit. .erection .of . a. sat.elite . antenna ............................................... .................. ............................... ........... . .. .......................... .. ......I ............. ............................ on the premises, located at: - 22. Monteiro. Way ............. ..... ...................................... By Order of the Board ofAppeals Frank 9erio, J Chairman Publish in the N. A. Citizen on November 19 and November 26, 1987 1 5 Legal Notice TOWN OF NORTH ANDOVER tMASSACHUSETTS l BOARO OF APPEALS NOTICE o November 17, 1987 Notice is hereby given that z the Board of Appeals will give a hearing at the Town Building, North Andover, on �4SS�cHus t� * Tuesday evening the 8th day of December, 1987, at 7:30 O'clock, to all parties in- terested in the appeal of Philip & Gloria DiGloria Jr. re- questing a Special Permit of Sec. 8, Parag. 8.6 of the Zoning By Law so as to permit erection of a satelite antenna on the premises located at 22 Monteiro Way. By Order of the Board of Appeals Frank Serio; Jr., Chairman Publish in North Andover Citizen November 19 and November 26, 1987 43239-0 Legal Not ci e TOWN OF NORTH ANOOVER MASSACHUSETTS BOARD OF APPEALS . NOTICE I o0 November 17, 1987 Awdrawhk Notice is hereby given that " z the Board of A * � * a Appeal will give � i r:: Building, at the Town 9 North Andover, on CMUSft� Tuesday evening the 8th da of December, 1987, at 7:30 terested in the a o'clock, to a!', Parties in - questing a S Perm of Philip & Gloria DiGloria Jr, re - 1 Permit of Sec. 8, Parag. 8.6 of the Zoning By Law so as to permit erection of a satelite antenna on the Premises located at 22 Monteiro Way. By Order of the Board of Appeals Publish in North Andover Frank Serio, Jr., Chairman November 26 1987 Citizen November 19 and . 43239-0 ---------- - ieotice �OtNN OF NORTH app cR MASSACHUSETTS BOARD OF, App�llS wo'nCE NORTH O� ° e 1't'Oiven November 17, j987 that <«• o s ~ Notice is hereby gwill give the Board of Appeals Town hearing at the o Building, evening ngpndover, Tuesday the oth at 730 1987, SSACHUSf of December, to all parties in ocj O'CloCk, Philip & Gloria D10063 Jr. re- Gal 01 iat Permit of sec. 8, Parag. 8.6 01 the Zoning terested in the app Spec' antenna on the questing a By law so as to Pe rmit erection of a satelite located 22 Write" rder of the Board of peals premises Frank Serio, Jr., C ai a d North Andover Citizen November 43239-0 publish in 26, A987 November ,�-- pF,".° �T "tio Anyapp:al S`'al he fi':ed . ► rl- r Of li..i'r7 L',i ;,;ice I �uCiC3 c Ci a ► E: `� DEC,1, i`'' E "5" in the Office of. the. ToW n 9SSA C'HUSE� Clerk. - TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Philip & G. DiGloria Petition #109-88 22 Monteiro Way N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on December 8, 1987 on the application of Philip & G. DiGloria requesting a Special Permit of Section 8, Paragraph 8.6 of the Zoning ByLaw so as to permit erection of a satelite antenna on the premises located at 22 Monteiro Way. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on November 19 and on November 26, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to DENY the Special Permit as requested on the basis that the petitioner failed to appear before the Board and did not request a vaive of time limit or send a letter to the Board requesting to have the petition withdrawn without prejudice as required by Section 10, Paragraph 10.9 of the Zoning ByLaws. Dated this 17th day of December, 1987. �at.L J_ex 6►Zrit t aC&Ie� 1988 /awt WED D F C, 1 71987 b.,.waNG DEPT. BOARD OF APPEALS Frank Serio, Jr. � Chairman p�•'�uR�~4 :. � 3 � �°oa►�Mrco 1855 fr j (' 1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Philip & G. DiGloria the gat of in the Ot"Ce of. tt1e. Town Clerk. 22 Monteiro Way Date .... December- 1.7•,• •1987• N. Andover, MA 01845 Petition NO- ...109-88............. Date of Hearing.. December. 8,19.8.7 Petition of ......Philip & G. DiGloria ................................................ Premises affected.... . 22 Monteiro . . . . Way ............................................................... Special Permit Referring to the above petition for a NKHKKM from the requirements of We S e ction . 8 , ..... . Paragraph 8.6 of the Zoning ByLaw .......................................................................................... so as to permit .. e.rection• of. .a . satel•ite . antenna . on. the -premises .located at ........ 22 Monteiro Way ........................................................................................ After a public hearing given on the above date, the Board of Appeals voted to ..DENY...... the Special Permit __ J ::tln :3 IlL:l:'.J. a:1:�;tr�cLi.�..La:'.�'J:�"� I• :+ ii. .'Ji�i '.�.% i i i .�. .La.7. . i� �Pi. .Y.1. • '.1'7_1 i . s4,1 1 . The Board voted, unanimously, to DENY the Special Permit as requested, as no one was at the meeting to represent the petitioner and no written request was received to withdraw without prejudice. Signed (�_) Frank Serio, Jr., Chairman ............................... I........... ......... Alf.red . Friz.elle, . vie.e-chairman .........Walter.Soule................... ...... Anna .0'. Connox ................ Louis.Riss.in................. Board of Appeals s �bFor , A.M. Date : Time YJAffiLD ,F. M Phone No. RE A COD NUMBER EXTENSION ❑ Telephoned ❑ Please call ❑ Came to see you ❑ Will call again ❑ Wants to see you RIOIR-eturned your call MESSAGE: 31as8 2, 5©l�z NP FORM 101 v �. L` V �r `r ti -Ci .r' �i '�. v ya' _ ,r �, �r `r �. .•, .,. �r � • � �� � � C if �/' lam- ., � /� O � � c �Ime 30 ~J O1 'gCES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING OrOF m Town of # a NORTH ANDOVER sQACHUSESt DIVISION OF PLANNING & COMMUNITY DEVELOPMENT Mr. Bruce E. Turgiss 198 Mass Avenue North Andover, MA 01845 KAREN L-1. P. NE L.SON, DIRECTOR 120 Mein Street North Andover, Massachusetts O 1845 (61 7) 685-4775 January 21, 1988 Re: DiGloria Special Permit for Satelite Dish Dear Mr. Turgiss: I am in receipt of your letter dated January 13, 1988 to the Board of Appeals, regarding the above cited subject. As you are aware, the Board voted to deny DiGloria's Special Permit in order to comply with the Town's Zoning Bylaw per Section 8.6. Due to that denial and your subsequent failure to appeal that decision within the mandatory 20 days, you must now file a Repetitive Petition application with the Planning Board under Chapter 40A, Section 16. Upon a favorable vote by the Planning Board, you will be allowed to resubmit to the Board of Appeals. Please be advised that the Planning Board must find specific and material changes upon which the previous unfavorable action was based, in order to grant you permission to reappear before the Board of Appeals. If you have any questions regarding this matter, please contact me. Sincerely, Scott A. Stocking, AICP Town Planner cc: Karen Nelson, Director, PCD, Board of Appeals Building Inspection// i 1 JAN 2 G R�8 Sa. ILDiNG DEPT. ANTHONY A. CoPANI HK= xXMjk Cs8 LAW OFFICES OF ANTHONY A. Comm ATTORNEY AT LAW MASS. AVENUE PROFESSIONAL CENTER 198 MASS. AVE. NORTH ANDOVER, MASS. 01845 (617) 686-0010 January 13, 1988 Mr. Frank Serio, Jr., Chairman Town of North Andover Board of Appeals Town Office Building 120 Main Street North Andover, MA 01845 RE: Philip and Joyce DiGloria, application for Satelite Dish Variance Dear Mr. Serio: It has come to this offices' attention that the DiGloria's petition requesting a special permit under Section 8, Paragraph 8.6 of the Zoning Bylaw has been denied. It is truly unfortunate that the DiGlorias did not attend their hearing, held on Tuesday, December 8, of last year. What occurred is that the DiGlorias did not see the back of the legal notice including the hearing date, and therefore were unaware specifically when and where their presence was required. The DiGlorias had taken timely and appropriate steps to comply with zoning procedure regarding their non -conforming use; they had found all abuttors, and had filed their application along with filing fee. What reason could they therefore have for failing to attend their hearing? It is desireable in this instance; where the petitioner's . lack of an opportunity to be heard was attributable to their unfamiliarity with the Boards notice and hearing procedure, to avoid the harsh results which may follow. The DiGlorias therefore request an opportunity for the reconsideration of their petition, which they'll be sure to attend. Sincerely yo s, Bruce E. Turgis BET/f g —�, (n oQ tvr LAW OFFICES OF Anthony A. Copani Attorney at Law Mass. Avenue Professional Center 198 Mass. Avenue, North Andover, Mass. 01845 (617) 686-0010 r� TO: ✓ Gi 01 HERE IT IS... r- L L In order to get this to you promptly, I am sending it without a confirming letter. Date a l 7-7 1..•L r ff�_al, RICHARD J. FALLON i KOPELMAN AND PAIGE, P.C. LEONARD KOPELMAN JOSEPH I. MULLIGAN 1 DONALD G. PAIGE OF COUNSEL ELIZABETH A. LANE ATTORNEYS AT LAW 1 JOYCE FRANK 101 ARCH STREET JOHN W. GIORGIO 14131 585-8632 BARBARA J. SAINT ANDRE BOSTON, MASSACHUSETTS 02110-1137 JOEL B. BARD 1 RICHARD J. FALLON WILLIAM HEWIG III 16171 951-0007 EVERETT J. MARDER FAX 16171 951-2735 JANE M. O'MALLEY PATRICK J. COSTELLO NORTHAMPTON OFFICE KAREN V. KELLY 14131 585-8632 DEBORAH A. ELIASON JUDITH C. CUTLER I ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS BRIAN W. RILEY RAYMOND C. PORFIRI August 28, 1992 Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Philip DiGloria, et al. v. Town of North Andover, et al. Essex Superior Court C.A. No. 88-1685 Dear Members of the Zoning Board of Appeals: This is to inform you that the plaintiffs have agreed to dismiss the above matter. We recently received a trial notice for the case which precipitated discussion with plaintiffs' counsel. I am very pleased thatJthis has been resolved with no significant expense to the Town.i I Very truly yours, i i J 1 B. Bard JBB/myj cc: Board of Selectmen PRINTED ON RECYCLED PAPER o � 3 010D 80ARD OF APPEALS Essex, ss Q� COs-DIONWEALTH OF MASSAC;ZUSETTS Superior Court Department Civil Action Docket No. Philip DiGloria NOTICE OF ACTION APPEALING and Joyce DiGloria, PLANNING BOARDS DENIAL OF Plaintiffs REPETITIVE PETITION v. Town of North Andover and Drank Serio, Jr., Alfred Frizelle, Walter Soule, Anna O'Connor and Louis Rissin, comprising the Zoning Board of Appeals of North Andover and Paul A. Hedstrom, George Perna, John Simmons and Erich Nitzsche, comprising the Planning Board of North Andover and Bob Nicetta, Building Inspector of the Town of North Andover, Defendants In accordance with Massachustts General Laws Chapter 40A, Section 17 notice is hereby given that on June 24, 1988 a Complaint was filed in the above -captioned matter in the Essex Superior Court by Philip and Joyce DiGloria appealing from the Planning Boards decision, a copy of which was filed in the Methuen Town Clerk's office on June 6, 1988 denying a Repetitive Petition by said Plaintiffs to reapply to the Zoning Board of Appeals for a Special Permit. A copy of the Complaint as filed is attached hereto. Philip and Joyce DiGloria, Plaintiffs By their Attorney, Date: June 24, 1988 Bruce E. Turgiss Law Offices of Anthony' . Copani 198 Massachusetts Avenue Horth Andover, MA 01845 686 -polo D69/67 m W r- 77, U-1 °GaCDo c?v z a Essex, ss Q� COs-DIONWEALTH OF MASSAC;ZUSETTS Superior Court Department Civil Action Docket No. Philip DiGloria NOTICE OF ACTION APPEALING and Joyce DiGloria, PLANNING BOARDS DENIAL OF Plaintiffs REPETITIVE PETITION v. Town of North Andover and Drank Serio, Jr., Alfred Frizelle, Walter Soule, Anna O'Connor and Louis Rissin, comprising the Zoning Board of Appeals of North Andover and Paul A. Hedstrom, George Perna, John Simmons and Erich Nitzsche, comprising the Planning Board of North Andover and Bob Nicetta, Building Inspector of the Town of North Andover, Defendants In accordance with Massachustts General Laws Chapter 40A, Section 17 notice is hereby given that on June 24, 1988 a Complaint was filed in the above -captioned matter in the Essex Superior Court by Philip and Joyce DiGloria appealing from the Planning Boards decision, a copy of which was filed in the Methuen Town Clerk's office on June 6, 1988 denying a Repetitive Petition by said Plaintiffs to reapply to the Zoning Board of Appeals for a Special Permit. A copy of the Complaint as filed is attached hereto. Philip and Joyce DiGloria, Plaintiffs By their Attorney, Date: June 24, 1988 Bruce E. Turgiss Law Offices of Anthony' . Copani 198 Massachusetts Avenue Horth Andover, MA 01845 686 -polo D69/67 co 00 a ,r� w o W W =:7r - CD, Vit:o, �. opC) c%�j � a LAW OFFICES OF ANTHONY A. COPANI ATFORNEY AT LAw MASS. AVENUE PROFESSIONAL CENTER 198 MASS. AVENUE NORTH ANDOVER, MAss. 01845 (617) 686-0010 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT Essex, ss Superior Court Department Civil Action Docket No. Philip DiGloria and Joyce DiGloria, Plaintiffs V. COMPLAINT Town of North Andover,. and Frank Serio, Jr., Alfred Frizelle, Walter Soule, Anna O'Connor and Louis Rissin, comprising the Zoning Board of Appeals of North Andover and Paul A. Hedstrom, George Perna, John Simmons and Erich Nitz'sche, comprising the Planning -Board of North Andover and Bob Nicetta, Building Inspector of the Town of North Andover,, Defendants This is an appeal and complaint under the provisions of General Laws Chapter 40A Section 17, and amendments thereto, to the Honorable Justices of the Superior Court, the Plaintiffs respectfully. represent as follows: COUNT I 1. The Plaintiffs are Philip DiGloria and Joyce DiGloria of 22 Monteiro Way, North Andover, Essex County, MA. 2. The Defendants Frank Serio, Jr., Alfred Frizelle, Walter, Soule, Anna O'Connor and I Louis Rissin are the legally appointed members of the Zoning Board of Appeals of the Town of i LAW OyricEs or ANTHONY A. COPANI ATTORNEY AT LAw MASS. AVENUE PROFESSIONAL CENTER 198 MASS. AVFNUE -NoRm ANDovm, NW%. 01845 (617) 686.0010 i I North Andover. I 3. The Defendants Paul A. Hedstrom, George Perna, John Simmons and Erich Nitzsche are the legal- ly appointed members of the Planning Board of the Town of North'Andover. 4. That the Defendant, Bob Nicetta, is the legal- ly appointed Inspector of Buildings for the Town of North Andover. 5. The Plaintiffs, on;or about March of 1987, had repeatedly made inquiries at the North Andover Town Offices regarding when and if cable tele- vision would become available to the Monteiro Way area of North Andover. After a series of vague assurances, ;the Plaintiffs were finally informed that cable may never be available to their street. 6. On or about October 30, 1987, the Plaintiffs received notice from the Assistant Building Inspector of North;Andover that the satellite receiver dish the Plaintiffs had erected was nonconforming with zoning By -Laws and Mr. DiGloria could appeal the ruling to the Zoning Board of Appeals. 7. The Plaintiffs we're the petitioners in an application to theZoning Board of Appeals of North Andover for a Special Permit of Section 8, Paragraph 8.6 sous to permit the existence of a satellite antenna on the premises located at 22 Monteiro Way.; 1 ( 8. That on or about December 8, 1987 the said Zoning Board of Appeals held a public hearing at the Town Building for North Andover, which 1 I LAw OFFICES OF ANTHONY A. COPANI ATTORNEY AT LAw MASS. AVENUE PROFESSIONAL CENTER 198 Mass. AVENUE NORm ANDoVER, MAss. 01845 (617) 686-0010 the Plaintiffs inadvertently did not attend. The Board of Appeals decision therefore issued December 17, 1987 denying Plaintiffs a Special Permit on the basis that the petitioner failed to appear before the Board. A copy of said decision is hereto annexed, made a part here- of, and marked "A". 9. The Plaintiffs, by means of Repetitive Petition to the Planning Board seeking the ability to repetition the Zoning Board of Appeals attended 'a meeting on May 12, 1988 where evidence was introduced concerning specific and material changes in the condi- tions upon which the previous unfavorable action was based. Evidence introduced by the Plaintiffs before the Planning Board included landscaping work altering the property's appearance, information as to a new Federal Communication Commission Regulation concerning local authority to regulate satellite dish antennas, the unsuitability of alternate locations for this antenna and all assurances that the Plaintiffs would this time be present to argue their case before the Board of Appeals. 10. That on or about June 2, 1988 the Planning Board of North Andover reached its decision, which decision was filed in the office of the Town Clerk of the Town of North Andover on June 6, 1988, a , copy of which decision is hereto annexed, made a part of and marked "B". 11. That the said Planning Board decision is com- 4 pletely unfounded, arbitrary and capricious in that it relies,in{part upon the assertion that on May 12, 1988, no new information was sub- ; i I mitted which was not presented to the Board of Appeals, which hearing was not even attended by the Plaintiffs. Further, the decision of the Planning Board failed to acknowledge that ! the Board of Appeals unfavorable decision was based specifically upon the failure of the petitioner to appear before the Board, for which Plaintiffs assurances of attending the rehearing would constitute a material change in conditions within the plain language and II meaning of Massachusetts General Laws Chapter !I 40A, Section 16 and Section 10.8 of the Zoning By-Law. 12. The decision of the Planning Board to deny the Plaintiffs the ability to repetition the Zoning Board of Appeals leaves Plaintiffs in a Position where their properties use and con- tinued existence is threatened without their i ever being heard on the merits in opposition i thereto. WHEREFORE, the Plaintiffs, being aggrieved by said decision of the Defendants as they constitute the Planning Board of North Andover, in accordance with General Laws Chapter 40A, Section 17,'.hereby I�appeal said decision, action and conduct to the Superior Court sittin 'in equity quity in the County of Essex and respectfully pray that this Honorable Court: I 1. Hear all pertinent! evidence and determine the facts; LAW OFFICES OF ANTHONY A. COPANI ATTORNEY AT LAw MASS. AVENUE 2. Annul and adjudge invalid the decision of the PROFESSIONAL CENTER i9aMAss.,MAm. 01845 Nonni Arioovtx, M,�ss. Defendants as they constitute the Planning (617) 86-0010 Board of the Town of' North Andover; and I ! LAw OFFICES OF ANTHONY A. COPANI ATTORNEY AT I..AW MASS. AVENUE PROFESSIONAL CENTER 198 MAss. AVENUE NORTH ANbovER, MAss. 01845 (617) 686-0010 3. Make such further, decree and order as equity and justice may require. Plaintiffs Philip DiGloria and Joyce DiGloria, By their Attorney, Date: June 24, 1988 /�2 Bruce E. Turgis Law Offices of Anthony A. Copani 198 Massachusetts Avenue North Andover, MA 01845 686-0010 D69/66 I I I I 4 I i I DEC { i l = i. s Philip & G. DiGloria 22 Monteiro Way N. Andover, MA 01845 %,A °NORiF/ 9ti An`i fi'0d of �,9�� . o:.� s,► in the Oilice of. the Town SSACH �SE` Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS J Petition #109-88 DECISION i The Board of Appeals held a public hearing on December 8, 1987 on the application of Philip & G. DiGloria requesting a Special Permit of Section 8, Paragraph 8.6 of the Zoning ByLaw so as to permit erection of a satelite antenna on the premises located at 22 Monteiro Way. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice-chairman, Walter Soule, Anna O'Connor and Louis Rissin. I The hearing was advertised in the North Andover Citizen on November 19 and on November 26, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to DENY the Special Permit as requested on the basis that the petitioner failed to appear before -the Board and did not request a vaive of time limit or send a letter to the Board requesting to have the petition withdrawn without prejudice as required by Section 10, Paragraph 10.9 of the Zoning ByLaws. Dated this 17th day of December, 1987. /awt { BOARD OF APPEALS Frank Serio, Jr. � Chairman �, � .� ►� SgCH09Q'�� C:at`J Gf i 1. •.., e Tov�n 5 � tj7 '�•,46 in the Office of, tile - F46 TOWN OF NORTH ANDOVER Clerk. ✓� MASSACHUSETTS BOARD OF APPEALS I NOTICE Of DECISION Philip & G. DiGloria 22 Monteiro Way Date .... N. Andover, MA 01845 December 17, 1987 Petition No....109-88••••••••••••• Date of Hearing .. D e c emb e r. 8, 19a7 Petition of...... Ph & G. DiGloria .............................................................................. Premises affected 22 Monteiro Way ' ............................................. Special Permit Referring to the above petition for a MAXON' i from the requirements of Me S e ction . 8 , ..... . Paragraph 8.6 of the Zoning ByLaw ....................................................................................... so as to permit .. e.r.ection. of a .satel.ite .antenna .on. th.e .premise.s located. -at ........ 22 Monteiro Way ............................................ I After a public hearing given on the above date, the Board of Appeals voted to ..DENY...... the Special Permit The Board voted, unanimously, to DENYtthe Special Permit as requested, as no one was at the meeting to represent the petitioner and no written request was received to withdraw without prejudice. i � Signed i O Frank Serio, Jr., Chairman + ........................................... ' ......... Alfr-ed . Fr.iz.elle, . Vic.e-chairman 4.........Walter.Soula ................... 1 I I ....... Anna .0'. Conno.r................ . Louis . Rissin ................. Board of Appeals I TOWN OF N 0It'I'II AN 1)0VEIt M A S S A C R U S I: T T S f Nprt tM p �4 n Any appeal shall be filed within (20) days after the date of filing of this Notice In the Off ice of the Town NOTICE OF DECISION Clerk. it (,FIYFo p?�Nltrl.l.(IId4 TUj`IIl 1.1 +-R� NOR M X11001/0 JUN i s PM 91 Date. !Yr?. 6: 1988....,...• ... ....... Date of Hearing rjunw. Z.. 1988..... { Petition of Philip. J. DiGloria .... .. ...... . Premises affected ... 2z. Mvatetza .1iax ................. .................. . .. .. ...... i Referring to the above petition for a special permit from the requirements of the M.G.L. Chapter .......... ....... 40A: Section 16 and .................................................... Section 10.8 of the North Andover Zoning Byla,. So as to permit . • the• reconsideration to address. any •specific and • material .changes .. ........... .. ... .. in conditions which the previous unfavorable action was based on by the Zoning ............................................................................. Board of Appeals. After a public hearing given ori the above date, the Planning Board voted to .. PFVY......... .tite ,pep�tioner.t ,ability, to, repetition •the Zoning. Board •of ,Appeals bused upon the following conditions: 3 cc:Director of Public Works Sighed Board of Public Works Highway Surveyor Pau • Ar • Ug4q tirorp,• Chaixjniap• • • • • • • • Tree Warden Building Inspector G•P eorgeernat.Vice.Chairman•.••••• Board of Health •.. •. Conservation Commission John. Simons, Clerk..•...•.......• Assessors •..••. Pnliro r.hiaf Erich Nitzsche DiGloria Satelite Dish - Repetitive Petition Pyr'suant to M.G.L. Chapter- 40A, Section 16 and Section 10.e of tfie Zoning Bylaw, the Planning Board finds _that the petition before us c!o=s not have specific and material changes in the conditions upon which the Board of Appeals based its previous unfavorable ac -tion. The Board makes this finding upon a submittal by the applicant which does not show the satelite dish moved in any direction and that no nF?w information has been submitted to us which was not previously presenturl to the Board of Appeals. The Board further finds that the contention by the applicant that his failure to appear before the Board of Appeals during the scheduled hearing and his promise to now appea� is a sufficient basis upon which to grant him the ability to repetition the Board of Appeals. Th,? Boar-rH, in reading M.G.L. Chapter 40A, Section 16 finds the Legislature f -1a.:, intended to provide fifabi1ity for applicants and boards upon which to either withdraw or request and the Board accept extensions on applications upon finding a compelling reason or hardship to Fo orarrt. The applicant had the—ability to requeE� t an extension or w i thdr-aw h i application before the Board of Appeals. His failure to do so placed the Beard in a statutory time constraints and the Board was forred t -i issue a decision of the application.! The Planning Board feels that the Legislature invisioned that ac-tinn so taken within this framework is final; and can be appealed during the day appeal period if the applicant is aggrevied by the decision so issued. Therefore, the applicant resting his argument that his failure to ,Ippear before the Board of Appeals and his contention to so appear at a resubmission is sufficient to permit 'him to reapply does not cornps�l U -1i=_ Board to grant relief and allow him to repetition to the Board of Appeals upon our reading and intent of 111.G.L. Chapter 40A, Section 16. The Board, based upon the findings above hereby denies the pet i t i onF?r the ability to repetition the Zoning Board of Appeals. PLANVA 1 NG BUnrgD Paul A. Hedstrom. C Chairman cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Building Inspector Board of Health Assessors Conservation CUmmission Police Chief Fire Chief Opp1icant Eng i neer File Interested Parties COIL-101TUEALTFI OF IMASSACIRUSETTS Essex, ss Superior Court Department Civil Action Docket No. j Philip DiGloria NOTICE OF ACTION APPEALING and Jogce DiGloria, PLANNING BOARDS DENIAL OF Plaintiffs REPETITIVE PETITION v . _ - .._. Town of North Andover And Frank Serio, Jr., Alfred Frizelle, Walter Soule, Anna O'Connor and ; #I, i Louis Rissin, comprising the Zoning if,�l Board of Appeals of north Andover and Paul A. Hedstrom, George Perna, John Simmons and Erich Nitz6che, comprising the Planning Board of North Andover and Bob Nicetta, Building Inspector of the Town of North Andover, Defendants In accordance with Massachustts General Laws Chapter 40A, Section 17 notice is hereby given that on June 24, 1988 a Complaint was filed in the above -captioned matter in the Essex Superior Court by Philip and Joyce DiGloria appealing from the Planning Boards decision, a copy of which was filed in the Methuen 'Town Clerk's office on June 6, 1988 denying a Repetitive Petition by said Plaintiffs to reapply to the Zoning Board of Appeals for a Special Permit. A copy of the Complaint as filed is attached hereto. Philip and Joyce DiGloria, Plaintiffs By heir Attorney, Date: June 24, 198 Bruce E. Turgiss v Law Offices of Anthony(/. Copani 198 Massachusetts Avenue North Andover, MA 01845 686-6010 D69/67 o =" CD ern. LU2 1- �pYp CV x a COIL-101TUEALTFI OF IMASSACIRUSETTS Essex, ss Superior Court Department Civil Action Docket No. j Philip DiGloria NOTICE OF ACTION APPEALING and Jogce DiGloria, PLANNING BOARDS DENIAL OF Plaintiffs REPETITIVE PETITION v . _ - .._. Town of North Andover And Frank Serio, Jr., Alfred Frizelle, Walter Soule, Anna O'Connor and ; #I, i Louis Rissin, comprising the Zoning if,�l Board of Appeals of north Andover and Paul A. Hedstrom, George Perna, John Simmons and Erich Nitz6che, comprising the Planning Board of North Andover and Bob Nicetta, Building Inspector of the Town of North Andover, Defendants In accordance with Massachustts General Laws Chapter 40A, Section 17 notice is hereby given that on June 24, 1988 a Complaint was filed in the above -captioned matter in the Essex Superior Court by Philip and Joyce DiGloria appealing from the Planning Boards decision, a copy of which was filed in the Methuen 'Town Clerk's office on June 6, 1988 denying a Repetitive Petition by said Plaintiffs to reapply to the Zoning Board of Appeals for a Special Permit. A copy of the Complaint as filed is attached hereto. Philip and Joyce DiGloria, Plaintiffs By heir Attorney, Date: June 24, 198 Bruce E. Turgiss v Law Offices of Anthony(/. Copani 198 Massachusetts Avenue North Andover, MA 01845 686-6010 D69/67 IL co co �xLU ,d w o w a w-= = cc CD O ('V z a LAw OFFICES OF ANTHONY A. COPANI ATTORNEY AT LAW MASS. AVENUE PROFESSIONAL CENTER 198 MAss. AVENUE NoRnI ANDOVER, Mass. 01845 (617) 686-0010 I i COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT Essex, ss Philip DiGloria and Joyce DiGloria, Plaintiffs Superior Court Department Civil Action Docket No. V. i COMPLAINT Town of North Andover, and Frank Serio, Jr., Alfred Frizelle, Walter Soule, Anna O'Connor and Louis Rissin, comprising theiZoning Board of Appeals of North Andover and i Paul A. Hedstrom, George Perna, John Simmons and Erich Nitzsche, comprising the Planning.Board of North Andover and I Bob Nicetta, Building Inspector of the Town of North Andover,1 Defendants This is an appeal and complaint under the provisions of General Laws Chapter 40A Section 17, and amendments thereto;, to the Honorable Justices of the Superior Court, the Plaintiffs respectfully represent as follows: COUNT I 1. The Plaintiffs are'Philip DiGloria and Joyce DiGloria of 22 Monteiro Way, North Andover, Essex County, MA. I 2. The Defendants Frank Serio, Jr., Alfred Frizelle, Walter ;Soule, Anna O'Connor and Louis Rissin are the legally appointed members of the Zoning board of Appeals of the Town of L I IAw OFFICES OF ANTHONY A. COPANI ATTORNEY AT LAw MASS. AVENUE PROFESSIONAL CENTER 198 MAss. AVFNUE NORTH ANoovER, MASS. 01845 (617) 686-0010 T North Andover. 3. The Defendants Paull A. He George Perna, John Simmons and Erich Nitzsche are the legal- ly appointed members of the Planning Board of the Town of North Andover. 4. That the Defendant; Bob Nicetta, is the legal- ly appointed Inspector of Buildings for the Town of North Andover. 5. The Plaintiffs, on.or about March of 1987, had repeatedly made inquiries at the North Andover Town Offices regarding when and if cable tele- vision would become available to the Monteiro Way area of North Andover. After a series of vague assurances, the Plaintiffs were finally informed that cable may never be available to their street. 6. On or about Octobeir 30, 1987, the Plaintiffs received notice from the Assistant Building Inspector of NorthlAndover that the satellite receiver dish the Plaintiffs had erected was nonconforming with' zoning By -Laws and Mr. DiGloria could appeal the ruling to the Zoning Board of Appeals. 7. The Plaintiffs were the petitioners in an application to the Zoning Board of Appeals of North Andover for a Special Permit of Section 8, Paragraph 8.6 so as to permit the existence of a satellite antenna on the premises located at 22 Monteiro Way.; 1 I 8. That on or about December 8, 1987 the said Zoning Board of Appeals held a public hearing at the Town Building for North Andover, which I U LAw OFFICES OF ANTHONY A. COPANI ATTORNEY AT L.Aw MASS. AVENUE PROFESSIONAL CENTER 198 MAss. AVENUE No,n, ANDOVER, MAss. 01845 (617) 686-0010 i i • I the -Plaintiffs inadvertently did not attend. The Board of Appeals decision therefore issued December 17, 1987 denying Plaintiffs a Special Permit on the basis that the petitioner failed to appear before the Board. A copy of said decision is hereto annexed, made a part here- of, and marked "A". 9• The Plaintiffs, by means of Repetitive Petition to the -Planning Board seeking the i ability to repetition the Zoning Board of Appeals attended is meeting on May 12, 1988 where evidence was introduced concerning specific and material changes in the condi- tions upon whichi the previous unfavorable action was based.] Evidence introduced by the Plaintiffs before the Planning Board included landscaping work! altering the property's appearance, information as to a new Federal Communication Commission Regulation concerning local authority to regulate satellite dish antennas, the unsuitability of alternate locations for this antenna and all assurances that the Plaintiffs would thi.s time be present to argue their case before the Board of Appeals. 10. That on or about;June 2, 1988 the Planning Board of North Andover reached its decision, which decision was filed in the office of the Town Clerk of the Town of North Andover on June 6, 1988, a lcopy of which decision is hereto annexed, mane a part of and marked "B". 11. That the said Planning Board decision is com- pletely unfounded,'arbitrary and capricious in that it relies,in part upon the assertion that on May 12, 1988, no new information was sub- LAW OFFICES OF kNTHONY A. COPANI ATTORNEY AT L.Aw MASS. AVENUE PROFESSIONAL CENTER 198 MAss. AVENUE NORm ANDOVER, MASS. 01845 (617) 686-00io i mitted which was not presented to the Board of Appeals, whichhearing was not even attended by the Plaintiffs. Further, the decision of the Planning Board failed to acknowledge that the Board of Appeals unfavorable decision was based specifically upon the failure of the petitioner to appear before the Board, for which Plaintiffs assurances of attending the rehearing would constitute a material change in conditions within the plain language and meaning of Massachusetts General Laws Chapter 40A, Section 16 ands Section 10.8 of the Zoning By -Law. I 12. The decision of thelPlanning Board to deny the Plaintiffs the ability to repetition the Zoning Board of Appeals leaves Plaintiffs in a Position where their properties use and con- tinued existence is threatened without their ever being heard on the merits in opposition thereto. WHEREFORE, the Plaintiffs, being aggrieved by said decision of the Defendants as they constitute the Planning Board of North Andover, in accordance with General Laws Chapter 40A, Section 17, hereby appeal said decision, action and conduct to the Superior Court sitting in equity in the County of Essex and respectfully pray that this Honorable Court: i 1. Hear all pertinent evidence and determine the facts; i 2. Annul and adjudge invalid the decision of the Defendants as they constitute the Planning Board of the Town of North Andover; and 3. Make such further idecree and order as equity and justice may require. Plaintiffs Philip DiGloria and Joyce DiGloria, By their Attorney, Date: June 24, 1988 Bruce E. Turgis Law 6ffices of Anthony A. Copani 198 Massachusetts Avenue NortA Andover, MA 01845 686-0010 D69/66 L.Aw OFFICES OF ANTHONY A. COPANI ATTORNEY AT LAw MASS. AVENUE PROFESSIONAL CENTER 198 MAm. AVENUE NORTH ANDovFR, MASS. 01845 (617) 6860010 TOWN OF NORTH ANDOVER i MASSACHUSETTS i 1 BOARD OF APPEALS Philip & G. DiGloria * Petition /109-88 22 Monteiro Way N. Andover, MA 01845 * DECISION P.n; aS'filed 7-) :� n i,� .. t:.r llle (, ,. �;�.. date of ii...:U tJ'L i:otica in the Uifice of. the Town Clerk. The Board of Appeals held a public hearing on December 8, 1987 on the application of Philip & G. DiGloria requesting a Special Permit of Section 8, Paragraph 8.6 of the Zoning ByLaw so as to permit erection of a satelite antenna on the premises located at 22 Monteiro Way. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle,� Vice—chairman, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on November 19 and on November 26, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to DENY the Special Permit as requested on the basis that the petitioner failed to appear before the Board and did not request a vaive of time limit or send a letter to the Board requesting to have the petition withdrawn without prejudice as required by Section 10, Paragraph 10.9 of the Zoning ByLaws. Dated this 17th day of December, 1987: BOARD OF APPEALS Frank Serio, Jr. � Chairman /awt 1 0 �'`'�� � f 1-03 •�� P .i. DEC TOWN OF NORTH ANDOVER i MASSACHUSETTS i 1 BOARD OF APPEALS Philip & G. DiGloria * Petition /109-88 22 Monteiro Way N. Andover, MA 01845 * DECISION P.n; aS'filed 7-) :� n i,� .. t:.r llle (, ,. �;�.. date of ii...:U tJ'L i:otica in the Uifice of. the Town Clerk. The Board of Appeals held a public hearing on December 8, 1987 on the application of Philip & G. DiGloria requesting a Special Permit of Section 8, Paragraph 8.6 of the Zoning ByLaw so as to permit erection of a satelite antenna on the premises located at 22 Monteiro Way. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle,� Vice—chairman, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on November 19 and on November 26, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to DENY the Special Permit as requested on the basis that the petitioner failed to appear before the Board and did not request a vaive of time limit or send a letter to the Board requesting to have the petition withdrawn without prejudice as required by Section 10, Paragraph 10.9 of the Zoning ByLaws. Dated this 17th day of December, 1987: BOARD OF APPEALS Frank Serio, Jr. � Chairman /awt !. AO RTi f °• F� the �-. APRIt1ry �s •<� , of .'sgcH09 .� C a ' Tovrn OAC t I �� t�,�� ��7 '►•..�•,� in the Office of. the. TOWN OF NORTH ANDOVER Clerk. ✓� MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Philip & G. DiGloria 22 Monteiro Way Date . • • • December- 17-,.-1987 . N. Andover, MA 01845 Petition No...•109-88.•••••••••••• Date of Hearing .. D e c emb e r.8, 19a7 Petition of ...... Philip & G. DiGloria ................................................. Premises affected ...... Monteiro Way..... ............................................ . Special Permit Referring to the above petition for a YK&UM from the requirements of thre Section .8....... Paragraph 8.6 of the Zoning ByLaw ............................................:............................................ so as to permit .. erection. of •a •satel.ite .antenna -on. the •premise.s •located. at ........ i 22 Monteiro Way ......................................................................................... After a public hearing given on the above date, the Board of Appeals voted to ..DENY...... the Special Permit ................................ .............................. The Board voted, unanimously, to DENYlthe Special Permit as requested, as no one was at the meeting to represent the petitioner and no written request was received to withdraw without prejudice. i Signed e-i�� Frank Serio, Jr., Chairman ........................................... ......... Alf.red . Fr.iz.elle, . Vic.e-chairman 1.........Walter.Soule ................... .......Anna.O'.Conno.r................. Louis.Rissin................. Board of Appeals I S • e lj'\J I TONVN OF NOIY'1111 ANI)OVRR ALASSACItUS1',TTS 140n 1#1 Any appeal shall be filed within (20) days after the date of filing of this Notice In the Off ice of the Town NOTICE OF1 DECISION Clerk. f��G�IVE�t p�Nikt.l.c.lilt) TOYM ►.1 !:RK NUR III A11001/0 s PM 95 JUN 6_ I Date. 1188,,...., ... . Date of Ilearing ,J.ujie.2..IM..... Petition of Philip J. DiGloria ..... ......... ... ..... ..................... Premises affected ... 22. Mvmtetz4 Aa.Y........ . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . Referring to the above petition for a special permit from the requirements of the ChaPter� 40A; Section X16, ands Section ,10 .8 of they North .Andover Zoning Byla,, So as to permit they reconsideration tip address. any specific and.material .changes ... .. ....... .. .. . . .... . . in conditions which the previous unfavorable action was based on by the Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I .•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals. � After a public hearing giveci on the above date, the Plarining Board voted I to .. NVY.......... the ,ppp�tioner.t4e ,ability, to, repetition .the Zoning, Board.of .Appeals i I • bused upon the following corrditioris : cc: Director of Public Works Sighed Board of Public Works Highway Surveyor Paul, A, . ��$ ��o�,, Ct�aiXtnpp. , , , ... . Tree Warden Building Inspector + George.Perna;.Vice—Chairman..,,,,, Board of Health Conservation CommissionJohn. Simons:. Clerk r ACC PC.gn r- DiGloria Satelite Dish -'Repetitive Petition Pursuant to N.G.L. Chapter- 40A, Section 16 and Section 1n.e of tt-iE2 Zoning Bylaw, the Planning Board finds_ that the petition before Eas dO!?L, not, have specific and material changes in the conditions upon which the U,oard of Appeals based its previous unfavorable action. The Board makes this finding upon a submittal by the applicant which does not show the sate1ito dish moved -in any direction and that no new information has been -submitted to us which was not previously preserrtud to the Board of Appeals. The Board further finds that the content ion by the applicant that his failure to appear before the Board of Appeals during the schedulRd hearing and his promise to now appear, is a sufficient basis upon WhiCh to grant him the ability to repetition the Board of Appeals. Th- Boarrt in reading N.G.L. Chapter 40A, Section 16 finds the Legislatcar e ha:, intended to provide fixabi1ity for applicants and boards upon which to either withdraw or request and the Board accept extensions on applications upon finding a compelling r ea an or hardship to =o or ai,t . The applicant had the .•ability to regoes,t an extension or withdraw hi.. application before the Board of Appeals. His failure to do so p1ac.:ecl the Board in a statutory time constraints and the Board was fol -CE -10 t,a issue a decision of the applications i The Planning Board feels that the Legislature invisioned that: ac-tinn sir taken within this framework is final, and can be appealed during the day appeal period if the applicant is aggr•evied by the decision so issued. Therefore, the appl i.cant resting his argument that his fai lure to rl���eai before the Board of.Appeals avid his contention to so appear at a resubmission is sufficient to permit him to reapply dues not compel U -1i=_ Board to grant relief and allow him to repetition to the Baud of Appeals upon our• reading arid intent of M.G.L. Chapter 40A, Section 16. The Board, based upon the findings above hereby denies the petitioner the.ability to repetition the Zoning Board of Appeals. PLAN111 NG BUORD J. Paul A. lledstrom. Chairman cc: Director of Public Works Board of Public Works { Highway Surveyor Tree Warden Building Inspector Board of Health Assessors 4 Conservation CUmmission Police Chief Fire Chief Applicant Engineer File T.-.V­--ri--A 10nr4.in MUM fflfl TO`VN Oi;' NO.R'r]L ANDOVER fdASSACIIUS3!',TTS Any appeal shall be filed within (20) days after the date of filing of this Notice In the Office of the Town Clerk. f MOR to, 3j. • � n NOTICE OF DECISION it pp,. I�1_ t,(Ihdti N4R' ti AI400 «R JON, u P4 188 Date ,June 6, 1988 . . . . . . . . . . . . . . ... . . . . ...... Date of Hearing .June.2..19H..... Petition of . . Philip J. DiGloria . . . . . . . . . . . . . . . . . . . ., . . . .... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected ... 22.NQutetzq XAY......................................... Referring to the above petition for a special permit from the requirements of the M.G.L. Chapter 40A, Section 16 and Section 10.8 of the North Andover Zoning Bylaw . . . . . . . . . . . . . . . . . . . . . . . . .0 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . the reconsideration to address any specific and material changes so as to permit ..................... o ..................000........0......... in conditions which the previous unfavorable action was based on by the Zoning .............................................................................. Board of Appeals. After a public hearing given on the above date, the Planning Board voted to .. MY .......... the petitioner,the .ability, to, repetition .the Zoning. Board ,of. ,Appeals based upon the following conditions: cc: Director of Public Works Sighed Board of Public Works Highway Surveyor Paul, gkaiympp........ Tree Warden • Building Inspector George.Perna ;vice Chairman. ,0000 Board of Health Conservation Commission John Simons, Clerk ............... Assessors Police Chief Erich Nitzsche .. .. ..................... Fire Chief DiGloria Satelite Dish - Repetitive Petition Pursuant to M.G.L. Chapter 40A, Section 16 and Section 10.8 of the Zoning Bylaw, the Planning Board finds that. petition before cis noes not have specific and material changes in the conditions upon'which the Board of Appeals based'its previous unfavorable action. The Board makes this finding upon a submittal by the applicant which does not show the satelite dish moved in any direction and that no new information has been submitted to us which was not previously presented to the Board of Appeals. The Board -Further finds that the contention by the applicant that his failure to appear- before the Board of Appeals during the schedulr�d hearing and his promise to now appear is a sufficient basis upon V,hich to grant him the ability to repetition the Board of Appeals. Thi Bnaid in reading M.G.L. Chapter 40A, Section 16 finds the Legislature ha intended to provide fixabi1ity for applicants and boards capon which to either withdraw or request and the Board accept extensions on applications upon finding a compelling reason or hardship to =o orar,t. The applicant had the ability to requeE;t an extension or withdraw his application before the Board of Appeals. His failure to do so placcxcl the Board in a statutory time constraints and the Board was for red t -.r issue a decision of the application.. The Planning Board feels that the Legislature invisioned that action 5o taken within this framework is final, and can be appealed duririn the P(-, day appeal period if the applicant is aggrevied by the decision so issued. Therefore, the applicant resting his argument that his failure to Ippear before the Board of Appeals and his contention to so appear at a resubmission is sufficient to permit him to reapply does not compel thi=_ Board to grant relief and allow him to repetition to the Bnarci of Appeals upon our reading arid intent of M.G.L. Chapter 40A, Section 16. The Board, based upon the findings above hereby denies the petitioner the ability to repetition the Zoning Board of Appeals. PLANNING GUARD Paul A. lledstr°m. Chairman cc: Director of Public Works Board of Public Works Highway Surveyor Tree Warden Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File Interested Parties .�•o a t n X16 SAC NUDE DANU.L LONG. Tcm'N C1_Eli}: ELECTION DEPARTMENT 6S2.6521 TOWN OF NORTH ANDOVER •1'0%',':\ BUILDING Nni: ri! A'<rn!', m: , MAS. ! 01545 Article 83. ADDING SECTION 8 TO ZONING BYLAW: SATELITE RECEIVER DISCS. To see if the Town will vote to amend the Zoning Bylaw by adding a Section 8. 6 under Supplemental Regulations to read: To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground level area, to the rear of the rear line of the building, and within the side boundary lines of the same building so that it is out of sight from the street. VOTED TO ADOPT THE ARTICLE. ATTEST: '' 'TRUE COPY / DANIEL0'IG % T04,7 CLI y Petition of Louis Rissin and other YES 253 FO 10 (� 0 .J 'v �/ / ,� Received by Town Clerk: ;l M7 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant-_.��� Address�L'✓ 1. Application is hereby made: a) For a variance from the requirements `of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section-ParagraphfL-,of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises/gaff cted are land _ -and building(s) _numbered LL Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) west ( ) side of Street, and known as No. _-_ Street. c) Premises affected are in Zoning District and the premises affected have an area of _square feet and frontage of feet. 3. Ownership a) Name and address of owner (if joint ownership, give all names): Date of Purchase --_--_Previous Owner b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) 44 Size of proposed building: -front; front; feet deep; 11Height stories; __feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 5. Size of existing building:feet front;_ feet deep; Height --stories; a) Approximate date of erection: ___--- b) Occupancy or use of each floor: c) Type of construction: 6. Has there been a previous appeal, under zoning, on these premises? If so, when? Description of relief sought on this petitionPn�_ i� S. Deed recorded in the Registry of Deeds in Book `s Page Land Court Certificate No. Book Page The principal points upon which I base my app'licatfon are as follows: ;(must be.stated in detail) .4 .I agree to pay the filing fee, advertising in newspaper, and incidental expenses* 5rgnature � Ye -t1 tlo e is 1 ' Every application for -action by the Board shall be made on a form approved ;by.•the Board. These forms shall be furnished by the Clerk upon request. ; Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time -as it'is.made on the official application form. All information called for by the form shall ' be furnished by the applicant in the manner �herein�prescribed. ! :Every• -application shall be submitted with a list of'."Parties In Interest". which list shall include .the petitioner,.abutters, owners of land directly .opposite on any public. or private street or way, and abutters to the abutters,*within'three hundred feet (300'.) of the property line of the ' petitioner as they appear on the most recent applicable tax list, ' notwithstanding that the land of any such owner is located in another city,.'.. or town, the Planning Board of the city or town,.and the Planning Board oft 'every abutting city or town. `*Every application shall be submitted with an application charge cost in .the amount' of $25.00. In addition, the petitioner shall be responsible .'%' •for any and all costs involved in bringing the petition before the. Board,"'*-.' `:''�'•i Such, costs shall include mailing and publication, but are not necessarily;."';:".'.,'� 'limited to these. rJJ{({( Every application shall be submitted with a plan of land approved by the Board.- No petition will be brought before the Board unless said plan has •.t been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request.' LIST OF PARTIES IN INTEREST Address (use additional sheets if' -necessary) t rm ov /017 v y (PFICES OF: ai? Town of k.o APPEALS : 400NORTH ANDOVER �► BUILDING ;,'`^:i::z•^'19 CONSERVATION °B+°Rus�t DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, l)IIt1:C:'I'UI3 October 30, 1987 Philip DiGloria 22 Monteiro Way North Andover, MA Dear Sir: 13O NI;fln strc•cl N(wh \)uIO\•cr, Nlassi Ic IItIsc•tIs c)184 5 W17)GH54775 It has been brought to our attention that there is a microwave receiver disc located at your address. Upon an inspection made on October 28, 1987, we find that a satellite disc is, in fact, existing but does not comply with today's zoning. As per Article 83 of 1987 Annual Town Meeting, a Sec. 8.6 "Supplemental Regula- tions" was added to the Zoning By -Law which reads as follows: "To restrict the erection and/or installation of satellite micro- wave receiver discs in residential districts to a ground level area, to the rear of the rear line of the building, and within the side boundary lines of the same building so that it is out of sight from the street". After checking our records, it was also discovered that no Build- ing Permit was issued for this installation, as required by the Town. Please contact this Office by Friday, November 6, 1987 in order to avoid any further action on this matter. You may appeal this ruling to the Zoning Board of Appeals. Yours truly, G� Daniel McConaghy, c/ Ass't Building Inspector DMcC:gb cc: Dir., DPCD 1IL OF NORTH q� O y *��SSACHUSE��y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel McConaghy, Assistant Building Inspector North Andover Building Department 120 Main Street North Andover, MA 01845 Dear Mr. McConaghy: I have received an anonymous phone call questioning the improper placement of a microwave satelite receiving disc at 22 Monterio Way, North Andover. Upon contacting your office I was informed that a building permit was never issued for this project. I went to view the placement of the receiving disc at 22 Monterio Way and it appears to be in violation of Section 8.6 of the Zoning ByLaws, which restricts the placement of these discs, stating that it be out of sight from the street. As an Associate member of the Zoning Board of Appeals and as a resident of North Andover, I am requesting that you review this matter and take the appropriate action. 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Pglsajal .ai jr eliolgla euol9'8 d!I!Ud to leadde -ulsagled !le 01 013.0 OU le L861 'i�lwaol0 W �N�Y isg°...., s� Aep W gull 6uluaAa Aepsonl ,•'' ° uo 'JanoPuti UUON '6u!p1!nE uMol 041 le 6uuea4 P1119 141 W o 9nl6 Iilm s!eadd,4 10 Wql uan!6 Agaja4 s! aollON 'o ��r `' °"`y L861 'Ll JagluanON ►° 33110N Sllf3ddd 30 Odtl08 S113SnH3VSSVW H31100NV H1BON 30 HMOl a�i�N le6a�__ f - I NORTH O p t • • i _ x SSACHUS�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date: Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ P`T for the following: ��' < Filing Fee $ �- Postage $_ Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Audrey W. Taylor, Clerk