HomeMy WebLinkAboutMiscellaneous - 23 PERRY STREET 4/30/2018 (4) ����e�s� G'�,qC-Gigli ��� t
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TOWN OF
NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
- January 21,1993
Notice is hereby given
that the Board of Appeals
will give a hearing at the
TUWN Ut- Town Building, North -
NORTH ANDOVER Andover,on Tuesday eve-
' MASSACHUSETTS ning the 9th day of Feb-
BOARD OF APPEALS ruary, 1993 at 7:30
NOTICE o'clock,to all parties inter-
January 20,1993 ested in the appeal of
Notice is hereby given Frank A. Marino request-
that the Board of Appeals ing a variance of Sec. 7,
will give a hearing at the Para.7.4 and Table 2 of the
Town Building, North Zoning By Law so as to per-
Andover,on Tuesday eve- mit relief of 20 feet for the
ning the 9th day of Feb- height of buildings on the �rR• ;••�{.
ruary, 1993 at 7:30 premises, located at 1160 ?; .•
o'clock,to all parties inter- Great Pond Road. 03:, a
ested in the appeal of Amy By Order of the 6•4 AIAaT" •
•
Cameron/Callini request- Board of Appeals •; ;
ing a variance of Sec. 7, Frank Serio,Jr., ••�• ••:
Para.7.3 and Table 2 of the Chairman I ••••
Zoning By Law so as to per- E-T—Jan.26;Feb.2,1993
mit relief of 1.5 feet for the _
side yard setback on the
westerly side of property in TOWN OF NORTH ANDOVER
order to construct an addi. MASSACHUSETTS
tion to the existing dwelling
on the premises,located at .
23 Perry Street. BOARD OF APPEALS
By Order of the
Board of Appeals
Frank Serio,Jr., NOTICE
Chairman
E-T—Jan.26;Feb.2,1993
. . .January .20,19 93
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building,North Andover,on. . Tuesday .
evening. . . . , the . . .
th. .
day of . . . .February. . . . . . . . . .
1993 , at7 30o'Clock, to all parties interested in the appeal of
Amy Cameron/Callini
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table 2
requesting a variation of Sec.7.,. Para. 7...3 & of the Zoning
By Law so as to permit.relief .of. 1.5 -feet- for the side
yard.06.etback. on .the.wes.ter.ly. sid-e -Of -property-in
order. .to .construct .an. addition. .to .the exi-sting. .
dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
on the premises,located at. . .23 -Perry. -Street ... . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By Order of the Board of Appeals
Frank Serio, Jr. , Chairman
I
Publish in the Eagle Tribune on January 217 & February 2, 1993.
' Ur NCRiN1
KAREN H.P.NELSON Town Of 120 Main Street, 01845
Director
' (508) 682-6483
�{° r NORTH ANDOVER
BUILDING y@@•..e 14�
CONSERVATION �OM"8E DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
March 23 , 1993 O
Mr. Richard Hamel MAR 23
M
21 Perry Street
North Andover, MA 01845 80AR0 OF APPEALS
Dear lair. Hamel :
Mr. Gordon has discussed with me your concerns regarding the
petition of Amy Cameron to the Zoning Board of Appeals ( the Board)
and the decision that the Board rendered at their March 9 , 1993
meeting.
As you are aware , the Board opened the public hearing on the
above referenced variance request on February 9 , 1993 , whereby you
were notified by regular mail as an abutter to the petitioner' s
property. At the February 9th Board meeting the petitioner
presented her application and public input was submitted into the
record. The Board took the matter under advisement and closed the
public hearing . The decision was rendered at their next regularly
scheduled meeting of 114arch 9 , 1993 .
Abutters are 'notified of the initial public hearing before the
Board . Appropriate procedures were followed in the deliberations
of this decision. If you are opposed to the granting of the
variances , it is necessary that you file an appeal within twenty
( 20 ) days from the time stamp date on the decision directly to
Superior Court.
If I can be of any further assistance to you, please feel free
to give me a call at 508-682-6483, ext. 24 .
Sincerely,
K ren H. P . Nels n
Director, Planning & Community
Development
c James Gordon, Town l-Ianager
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. DISTRICT COURT OF LAWRENCE
N0. Cj_3I qCU 4c� y
RICHARD C. HAMELand )
MMARCELLE A. HAMEL j APR , 519M
Plaintiffs )
VS.. ) COMPLAINT BOARD OF APPEALS
AMY CAMERON/CALLINI; )
FRANK SERIO, JR. ; )
WALTER SOULE;
RAYMOND VIVENZIO;
LOUIS RISSIN; and
JOHN PALLONE
Defendants ) =_
i
1. Richard C. Hamel and Marcelle A. Hamel are natural persons,
husband and wife, and reside at 21 Perry Street, North Andover,
Massachusetts.
2 . Amy Cameron/Callini is a natural person and resides at 23
Perry Street, North Andover, Massachusetts.
3 . Frank Serio, Jr. is a natural person and member of the North
Andover Board of Appeals and resides at 250 Hillside Road, North
Andover, Massachusetts.
4 . Walter Soule is a natural person and member of the North
Andover Board of Appeals and resides at 70 Raleigh Tavern Lane,
North Andover, Massachusetts.
5. Raymond Vivenzio is a natural person and member of the North
Andover Board of Appeals and resides at 11 Appledore Lane, North
Andover, Massachusetts.
6. Louis Rissin is a natural person and member of the North
Andover Board of Appeals and resides at 59 Blueberry Hill Lane,
North Andover, Massachusetts.
7 . John Pallone is a natural person and member of the North
Andover Board of Appeals and resides at 67 Vest Way, North Andover,
Massachusetts.
- 1
8 . On or about December 21, 1992, the Defendant, Amy
Cameron/Callini by and through her agents began construction on an
addition to the home at 23 Perry Street, North Andover,
Massachusetts.
9. The closest point of the addition to the Plaintiffs property
line is 5.2 feet according to the plan filed by the Defendant with
her variance application.
10. The Defendant, Amy Cameron/Callini filed one or more
applications with the Board of Appeals for the Town of North
Andover requesting relief from the side yard set back of 1.5 feet
and 9. 8 feet in the dimensional requirement under Section 7,
Paragraph 7. 3 and Table 2 of the Zoning By-Laws of the Town of
North Andover.
11. By two decisions of the Defendants acting as the Board of
Appeals for the Town of North Andover, copies of which are attached
as Exhibits "A" and "B", the requests were granted.
12 . The Plaintiffs, as immediate abutters to the property for
which the variances were sought were listed as parties in interest
on the applications and are parties aggrieved by the decisions of
the Board of Appeals.
13 . The subject property has no circumstance about it relating to
soil conditions, slope or topography which especially affects it
and not the zoning district in general.
14 . The applications for relief filed by the Defendant, Amy
Cameron/Callini stated no factual grounds upon which the Board of
Appeals would be justified in granting the relief sought.
15. The decisions of the Defendants acting as the North Andover
Board of Appeals granting the variances contained no findings of
fact concerning the soil conditions, topography, or slope of the
land or structures involved upon which the decisions could be
legally grounded.
16. The action of the Defendants, Frank Serio, Jr. , Walter Soule,
Raymond Vivenzio, Louis Rissin, and John Pallone in granting the
variance was outside the scope of their authority under the General
Laws of the Commonwealth and under Section 10 paragraph 10.4 of the
Zoning By-Laws of the Town of North Andover.
2
4
WHEREFORE, the Plaintiffs ask that this court:
1. Find that the Defendants, Frank Serio, Jr. , Walter Soule,
Raymond Vivenzio, Louis Rissin, and John Pallone, exceeded their
authority in granting said variance and annul their decision.
2 . Find that the addition started by the Defendant, Amy
Cameron/Callini is in violation of the zoning dimensional
requirement under the By-laws of the Town of North Andover.
3 . Order the Defendant, Amy Cameron/Callini to remove the
erected structure built in violation of the Town of North Andover
Zoning By-Laws; and
4 . For such other and further relief as this Court deems
appropriate.
RICHARD C. HAMEL
AND
MARCELLE A. HAMEL
by their attorney
� r
ohn J\. Wil is, Jr.
160 Pl6asan S, eet
North/Andover, MA 01845
el No. (508) 685-3551
B 0 529360
3
RrAh peai shall be filed �Nogrh1� i.'.
ithin %C. 'a„s_ after the •>• Dl=N1�L !-_.
date of ii :, 0f --iis Notice rc� .m r
i•. Baas ; N�i; . �
in tha Office of the Town , HU `93
Clerk. MAR
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . Manch. 11,. .1.993. . . . . . . . . .
Petition No.. . .011-93 . . , . . . . . . .
Date of Hearing. . . Marel}
Petition of . . . . . Amy. .CamerAn/.Callini . . . . . . . . .. . . . . ... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . .23 .PerrY. .s.tzaet. . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of ffiw. . section. 7... . . .
Paragraph. 7.3. .and.Table .2 .of. the .Zoning .Bylaw. . . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . .
so as to permit . relief. of. .1..5 .feet. Irom. the. side.yard .setback ,rggvjr=entS. . . . . . . .
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 . . .Amy. Came roil/Callini. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
Frank Serio, Jr. , Chairman
ATTEST:
A True Copy W.alte. . Sou. .l.e, Clerk. . . . . . . . . .
. . . . . . . . . . . . . . .r:. . . . . . .
Raymond. Vivenzio. . . . . . . . . . . .
Tovm Clerk Louis Ri s s in
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
� if .� , I/- 11
x � � l-r
be filed t�r the ,
000
a� C_-�;;K
T
tiotice NORN
the Town 3�
ice of p MaR I I 11 Gl gN °93
9SSACMUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Amy Cameron/Callini * DECISION
23 Perry Street
North Andover, MA 01845 * Petition #011-93
*
The Board of Appeals held a regular meeting on Tuesday, March 9,
1993 upon the application of Amy Cameron/Callini requesting a
variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw so as to permit relief. of 1.5 feet from the side yard
setback to construct an addition to the existing dwelling on the
westerly side of the property located at 23 Perry Street. The
following members were present and voting: Frank Serio, Jr. ,
Chairman, Walter Soule, Clerk, Raymond Vivenzio, Louis Rissin and
John Pallone.
The hearing was advertised in the North Andover Citizen on
January 27 and February 2, 1993 and all abutters were notified by
regular mail.
Upon a motion by Mr. Rissin and second by Mr. Soule, the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the granting of this variance will not
adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 12th day of March 1993 .
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
d�.`�o R-P
Any appeal shall be filed :3 , .$� pAf� rL L
(2 �'a after the �: ��," @;a T i :;�.
within O) T
NUR f R
date cf i**:-1_, ;:t Notice
cu
H , 1
,`.. C .. .. MAR
in she 'v.i�:.�. of the Town '►. ,•
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . March ll,, ,1.993
Petition No.. . .004-.9.3 _ . . . . . . . . . . .
Date of Hearing. . Manch.?).49'U
Petition of . .Amy. Q-ime rpTlICallini. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . .2 3 .P e r.ry. .S t r e e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of tW S.e.ction. .7.,. . . .
P4ragr4g4, 7.. .and.T01e .2.of. the .Zoning .By.law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . A varlatio.n .of. 9. f.e.et .8. inches .from..the .side—yard. setback. . . . . . . . .
eguirements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .GWT. . . . . the
variance . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to .Amy. Cameron/Call ini. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed Xi�G����c��l
/L
ATTEST . . . Frank. Serio, .Jr. ,. Chairman. . .
A True Copy . . . . . . . . Walter. Soule, .Clerk . . . . . . . . .
r.
. . . . . . . . Raymond. Vivenzio. . . . . . . . . . . .
Town Clerk . . . Louis .Rissi.n . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
T '!� "
;A��y, a�P"al shall be. filed Rt' i `
within (2,0)
d-ts after the �.�f,� _
.s t,,Ictice TO'-,,
date of "I o cf t�,�� H°RTM r�,
the Town °ft, .D +tia
in the Office of
Clerk.
4D9111D .`'(y
SS CH '
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
**************************
*
Amy Cameron/Callini * DECISION
23 Perry Street
North Andover, MA 01845 * Petition #004-93
*
**************************
The Board of Appeals held a regular meeting on Tuesday, March 9,
1993 upon the application of Amy Cameron/Callini requesting a
variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw so as to permit a variation of 9 feet 8 inches from the
side yard setback requirement in, order to construct an attached
garage, bedroom and a bathroom on the premises located at 23
Perry Street. The following members were present and voting:
Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond
Vivenzio, Louis Rissin and John Pallone.
The hearing was advertised in the North Andover Citizen on
January 20 and 27, 1993 and all abutters were notified by regular
mail.
Upon a motion by Mr. Rissin and second by Mr. Soule the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the granting of this variance will not
adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 12th day of March 1992.
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
Any appeal shall be filed
e
within &,,vs after the
izss
Notice �kORTH T 01
of
date 0" 0
6,
in the Of-ice of the Town 0 JJ
6 0
Clei4% P-
,k-
lo
��SSACHUSES
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Amy Cameron/Callini DECISION
23 Perry Street
North Andover, MA 01845 Petition #004-93
The Board of Appeals held a regular meeting on Tuesday, March 9,
1993 upon the application of Amy Cameron/Callini requesting a
variation of Section 7 , Paragraph 7. 3 and Table 2 of the Zoning
Bylaw so as to permit a variation of 9 feet 8 inches from the
side yard setback requirement in order to construct an attached
garage, bedroom and a bathroom on the premises located at 23
Perry Street. The following members were present and voting:
Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond
Vivenzio, Louis Rissin and John Pallone.
The hearing was advertised in the North Andover Citizen on
January 20 and 27, 1993 and all abutters were notified by regular
mail.
Upon a motion by Mr. Rissin and second by Mr. Soule the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the granting of this variance will not
adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 12th day of March 1992.
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
TOWN OF NORTH ANDOVER, MASSACHUSETTS
OFFICE OF
TOWN MANAGER
120 MAIN STREET,01845
NORTH
James P. Gordono? - °� TELEPHONE 682.6483
Town Manager P. 9
s i • a
i
sACNUS
April 12, 1993
Mr. Joel Bard, Esquire
ire
Kopelman & Paige
101 Arch Street
Boston, MA 02110
RE: Amy Cameron-Callini
Dear Joel:
Last week, I sent you a copy of a complaint filed by
Mr. Richard C. Hamel vs. North Andover Zoning Board of Appeals,
wherein the plaintiff appealed a decision of the Board relating to an
addition to the home of Amy Cameron-Call ini. On Friday, I received
the enclosed correspondence from Attorney David Bernardin,
representing Amy Cameron. After you have had a chance to review
Attorney Bernardin's letter, I would appreciate it if you would give
me a call so that we can discuss the Town's appropriate course of
action. Thank you.
Sinc rely,
f
mes P. Gordon,
Town Manager
Enclosure
CC: Zoning Board of Appeals
Board of Selectmen
Robert Nicetta, Building Inspector
JG:map
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. DISTRICT COURT OF LAWRENCE
No. CB19Cv 4c� y
RICHARD C. HAMEL )
and )
MARCELLE A. HAMEL )
Plaintiffs )
VS. ) COMPLAINT
AMY CAMERON/CALLINI; )
FRANK SERIO, JR. ; ) -- -
WALTER SOULE; ) .�
RAYMOND VIVENZIO; A.
LOUIS RISSIN; and
JOHN PALLONE
Defendants
l
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_�
1. Richard C. Hamel and Marcelle A. Hamel are natural persons,
husband and wife, and reside at 21 Perry Street, North Andover,
Massachusetts.
2. Amy Cameron/Callini is a natural person and resides at 23
Perry Street, North Andover, Massachusetts.
3 . Frank Serio, Jr. is a natural person and member of the North
Andover Board of Appeals and resides at 250 Hillside Road, North
Andover, Massachusetts.
4 . Walter Soule is a natural person and member of the North
Andover Board of Appeals and resides at 70 Raleigh Tavern Lane,
North Andover, Massachusetts.
5. Raymond Vivenzio is a natural person and member of the North
Andover Board of Appeals and resides at 11 Appledore Lane, North
Andover, Massachusetts.
6. Louis Rissin is a natural person and member of the North
Andover Board of Appeals and resides at 59 Blueberry Hill Lane,
North Andover, Massachusetts.
7. John Pallone is a natural person and member of the North
Andover Board of Appeals and resides at 67 Vest Way, North Andover,
Massachusetts.
1
8. On or about December 21, 1992, the Defendant, Amy
Cameron/Callini by and through her agents began construction on an
addition to the home at 23 Perry Street, North Andover,
Massachusetts.
9. The closest point of the addition to the Plaintiffs property
line is 5.2 feet according to the plan filed by the Defendant with
her variance application.
10. The Defendant, Amy Cameron/Callini filed one or more
applications with the Board of Appeals for the Town of North
Andover requesting relief from the side yard set back of 1.5 feet
and 9. 8 feet in the dimensional requirement under Section 7,
Paragraph 7. 3 and Table 2 of the Zoning By-Laws of the Town of
North Andover.
11. By two decisions of the Defendants acting as the Board of
Appeals for the Town of North Andover, copies of which are attached
as Exhibits "A" and "B", the requests were granted.
12 . The Plaintiffs, as immediate abutters to the property for
which the variances were sought were listed as parties in interest
on the applications and are parties aggrieved by the decisions of
the Board of Appeals.
13 . The subject property has no circumstance about it relating to
soil conditions, slope or topography which especially affects it
and not the zoning district in general.
14 . The applications for relief filed by the Defendant, Amy
Cameron/Callini stated no factual grounds upon which the Board of
Appeals would be justified in granting the relief sought.
15. The decisions of the Defendants acting as the North Andover
Board of Appeals granting the variances contained no findings of
fact concerning the soil conditions, topography, or slope of the
land or structures involved upon which the decisions could be
legally grounded.
16. The action of the Defendants, Frank Serio, Jr. , Walter Soule,
Raymond Vivenzio, Louis Rissin, and John Pallone in granting the
variance was outside the scope of their authority under the General
Laws of the Commonwealth and under Section 10 paragraph 10.4 of the
Zoning By-Laws of the Town of North Andover.
2
WHEREFORE, the Plaintiffs ask that this court:
1. Find that the Defendants, Frank Serio, Jr. , Walter Soule,
Raymond Vivenzio, Louis Rissin, and John Pallone, exceeded their
authority in granting said variance and annul their decision.
2 . Find that the addition started by the Defendant, Amy
Cameron/Callini is in violation of the zoning dimensional
requirement under the By-laws of the Town of North Andover.
3. Order the Defendant, Amy Cameron/Callini to remove the
erected structure built in violation of the Town of North Andover
Zoning By-Laws; and
4 . For such other and further relief as this Court deems
appropriate.
RICHARD C. HAMEL
AND
MARCELLE A. HAMEL
by their attorney
t
0 Wil is, Jr.
160 Pl asanAllstteet
North Andover, MA 01845
el ' No. (508) 685-3551
B O 529360
3
Ah ` ^ peal shall be' filed REf; �.'.
�;o . ��„F, after the ->� •• DANIEL
ithin � f .!
date er' ii ,^ ; ofi i.-�is Notice �5�. ,►..nr• .p� TD ,
y.• 18bS ;may Hi:f'� t I
in the Office of the Town
Clerk. ^ .. MAR `93
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
9. . . . . . . . . .
Date . .Manch.11,. .1. 93.
Petition No.. . .911-93 . . . . . . . . . .
Date of Hearing. . .f?arch.9,. 19,9,3 ,
petition of . . . . . Amy.. .CamerDn/.Callini. . . . . . . . . .. . . . . ... . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
premises affected . .23 .Per-ry. .Stxeet. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of thw. . S.ection. 7.,. . . .
Pazagr.api�. 7,3. .and.Table .Z .of. zhe .Zoning .BXlaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . re.lief.. of. 1..5 .feet. .from. the .side.yard .setback ,regvirpments. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . .Amy. Came zon/Call ini. . . . . . . . . . . . . . . . . . . .... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ATMST:
A True Copy Walter.. Soule, Clerk _ . . . . . . , .
. . . . . . . . . . .
. . . . . . . .
%'✓� � Raymond. Viv.enzio. , . . . . . . . . .
Tows Clesk Louis Rissin
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
be filedREC C'.
after the
Notice „OR,1y
,r
,ice of the Town 3?
A MAR �, II ri
°4•re°r. `q9
�9SSACNUSEt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Amy Cameron/Callini * DECISION
23 Perry Street
North Andover, MA 01845 * Petition #011-93
*
The Board of Appeals held a regular meeting on Tuesday, March 9,
1993 upon the application of Amy Cameron/Callini requesting a
variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw so as to permit relief. of 1.5- feet from the side yard
setback to construct an addition to the existing dwelling on the
westerly side of the property located at 23 Perry Street. The
following members were present and voting: Frank Serio, Jr. ,
Chairman, Walter Soule, Clerk, Raymond Vivenzio, Louis Rissin and
John Pallone.
The hearing was advertised in the North Andover Citizen on
January 27 and February 2, 1993 and all abutters were notified by
regular mail.
Upon a motion by Mr. Rissin and second by Mr. Soule, the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the granting of this variance will not
adversely affect the neighborhood 'or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 12th day of March 1993.
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
Any appeal shall be filed .3� , •, D A N'; :L
s jpr i(
within (?01 �'�`.' a fter the °: AMILr+ :m R
s., tans .�, NOR
date cf i►':n .is Notice '►,+,�,....��,
L ►, Vcnu ( 51
in the 'v�i i:.� of the Town MAR
Clerk. TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . paa ch ll, .1.993. . . . . . . . . .
Petition No.. 4:-.9.3 . . . . . . . . . . . .
Date of Hearing. .March,9,,j1993 . .
Petition of . .Ainy. .Q4meronJ9a11iui. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . .23.P er.ry .S t r e e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of tw. . Se.ction. .7.,. . . .
Paragraph. 70. .444.T01e .2.Qf- the .Zoning .By.iaW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . A xar'iat.ion .of. 9. f.e.et .8. inches .from..the.side. yard. setback. . . . . . . . .
re4iu�.r.?u1�13CS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .GR41NT. . . . . the
. .variance . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to .Amy. Cameron/Callini. . . . . . . . . . . . . . . . . ... . .*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
for the construction of the above work, based upon the following conditions:
Signed /1
ATTEST Frank. Serio, .Jr..,. Chairman. . .
A True Copy . . . . . . . . . . Walter. Soule, .Clerk . . . . . . . . .
.
G Y . . . . Raymond. Viv.enzio. . . . . . . . . . . .
Town Clerk !� . . . . . . . . . Louis .Rissin . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
xq appeal shall be. filed kti
d
within ('0) aYs after the r��,�
To ;
date of 'Ii? �� C1 ti:IS tvo�ice 'k( _ P
OFS«to ,•1h� HJ I: : r t
in -the Office of the Town F� ,• •• Op
Clerk.
SSACMUSES '
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
Amy Cameron/Callini * DECISION
23 Perry Street
North Andover, MA 01845 * Petition #004-93
The Board of Appeals held a regular meeting on Tuesday, March 9,
1993 upon the application of Amy Cameron/Callini requesting a
variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning
Bylaw so as to permit a variation of 9 feet 8 inches from the
side yard setback requirement in order to construct an attached
garage, bedroom and a bathroom on the premises located at 23
Perry Street. The following members were present and voting:
Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond
Vivenzio, Louis Rissin and John Pallone.
The hearing was advertised in the North Andover Citizen on
January 20 and 27, 1993 and all abutters were notified by regular
mail.
Upon a motion by Mr. Rissin and second by Mr. Soule the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the granting of this variance will not
adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 12th day of March 1992.
BOARD OF APPEALS
l�
Frank Serio, Jr.
Chairman
TOWN OF NORTH ANDOVER MASSACHUSETTS
OFFICE OF
TOWN MANAGER
0 L5 120 MAIN STREET,01845
APR 11993 ofNORTH
.90
James P. Gor o? = °A TELEPHONE 682.6483
Town Manage f
BOARD OF APPEALS }�, •
; .
s ,
s�c►wse��
April 6, 1993
Attorney Joel Bard
Kopelman & Paige
101 Arch Street
Boston, MA 02110
Dear Joel:
Enclosed is a complaint brought by Richard and Marcel Hamel
against the North Andover Zoning Board of Appeals. Please follow up
on this matter. If I can be of any assistance, please let me know.
Sincerel
II
Jam s Gordon,
To Manager
Enclosure
CC: Zoning Board of Appeals
JG:map
° Received by Town Clerk:
RECEWE.0
DANIEL LONG
TOWN CLERK
i NORTH ANDOVER
r TOWN OF NORTH ANDOVER, MASSACHUSETTS
SAN ZO 4 30 � BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
(RuANmro� fiqj Ir
Applicant --_ I�Ylkddress� �V
•
1. Application is hereby made:
a) For a vari ce from the requirements of Section '7 Paragraph ?+ ,3
and Table � 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.
2. a) P cmises, of ec ed are Land_-- and building(s) L"""numbered
b) Premises affected are property with frontage on the North (A )
South ( ) last (rJf"west ( ) sine of _
Street, and known as No. - - ZU- __ Strut
c) Pxemises affected are in Zoning District 0d, and the premises
affected have an arca of—_____-square feet and fronr.rrrlc of
I���/-+1//� feet.
3. Ownership
a) Name and address of owner ( if joint ownership, give all names ):
AM4 _ Yrq J1z� ------
Date of Purchase ?)Z ---Previous Owner OPT
b) If applicant is not owner, check Iris/her interest in the premises: /YI
�'
_-Prospective Purchaser `-Lesee Other (explain)
44 Size of proposed building: .1q .--front; feet deep;
ems- �- -
stories; r
" Height feet
— --
a) Approximate date of erection: Z_�---
CCCCCC
b) Occupancy or use of each floor:,J����� _ (� •"" ���
c) Type of construction:_- )M�--J•_Lc �
S. Size of ting building: J�_ feet front; -f( t (I r,
I I e i g I I t —stories; pl _fcct.
a) Approximate date of erection:—qn
e r 02
b) Occupancy or use of. each floor:
�_
c) Type of construction: 6__T.M
G. Ita here been n previous appeal , un,l,-r zoning, on these prcmi^c.
— If so, when?—_—___
;r
�7;,' Description,of re ief sought on this petition '•'� �,1 l/ l:i�
ti Ajj
8.•'.. Deed recorded in the Registry of Deeds in Book -N, 11a Page 1�
. } +• ..... Land. Court Certificate No. Book Page
--- ;rj
: The principal points upon which I base•my application are as follows:
(must be stated in detail)Wtod 4qs), 6fT' -(-Ll- - M.
c'Ci
agree to pay the filing fee, advertising in newspaper, and incidental
expenses* jV
i
' Signature f• etitior er s '
; Every application for action by the Board shall be made on a form approved
by- the Board. These forms shall be furnishes) by the Clerk upon request.
; Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until suc}r time -as it is .mads: on t}re ,
lofficiaL application form. ALL information called •for by the form shallbe furnished by the applicant in the manner thereint:prescribed.- ! %}i �
aEvery-application shall be submitted with a list of "Parties In Interest" .
:which list shall include .the petiLioner, abutters, ownern of Lind directly
;opposite on any public or private street or way, and abutters to -the
; abutters ,within: three hundred feet (300' ) of the property line of the
petitioner as they appear • on the most recent applicable tax list,
.!notwithstanding that the land of any such owner is located in another city .'•.:',:�
or town, the Planning Board of the city or town,, and the Planning Board of
;every abutting city or town.
'Every application shall be submitted with an application charge cost in
:the amount' of $25.00. In addition, the petitioner shall be responsible
,;,:;:,.• ' -for any and all costs involved in bringing the petition before the hoard... .'
Such_ costs shall include mailing and publication, but are not necessarily,
limited to these. "•.a
Every application shall be submitted with a plan of land approved by the
Board. No petition will be brought before the 13oard unless said plan has ''�
been submitted. Copies of the Board' s requirements regarding pLann are
,attached hereto or are available from the Board of Appeals upon request. ,!
LIST or PARTIES IN IN'rE1tcs,r „ •,.:,
Use Nix 7-
I
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY'
MAP IPARCEL ILOT NAME JADDRESS
p-00/6 L >ar
ABUTTERS,
MAP PARCEL LOT NAME ADDRESS
fjio C6-1
a 1 / C��
PH2Ca�L � �C!'yc�Z
i
i
i
I TH/S A2ER i
ay R�U7-E495 y `
i
t
2..0. /Z
v�
I �
I m sET��cs
v%OF
l
N
I V
CE'RTI FI ED PZ-OT' PLAN
Fes- AAS?Y GAMER/\!
! .Z3RFZ,Y S7i2EE'T'
I /VCAZ.Ti-1 AN D2)
E /Z-1 FZ Y S 77,17-4-&'T D wG A 21�
n��•a QUA �y
Assoc fAT�5
J 7 w/L-L_/AA1 STAT
j
)ebb L )d v�&
��-.
BERNARDIN&BERNARDIN
ATTORNEYS AT LAW
346 NORTH MAIN STREET
ANDOVER, MASSACHUSETTS 01810
FERNAND A.BERNARDIN
(1932-1986)
TELEPHONE:
BENE R.BERNARDIN February 10, 1993 (508)470-3270
(1946-1989 RET.) TELECOPIER:
DAVID F.BERNARDIN (508)474-4542
II UQ �
Frank Serio, Jr. ,Chairman F s
North Andover Zoning Board g
Town Hall
North Andover, Massachusetts 01845 ,BoAaD OF APPEAL`'
M•
Re: Amy Cameron/Callini Zoning Matter
23 Perry Street; North Andover- - -
Dear Mr. Serio:
Thank you for the courtesy and attention extended to my client's petition
last night at the Zoning Board hearing.
I understand that the Board is planning a trip to the site to view the
property. If this could be done at the earliest possible time and by
pre-arrangement with my client it would be appreciated as Amy would like to be
present to show the board members her particular construction and set back
concerns and to answer any questions board members may have.
Her telephone numbers are as follows:
Home - 794-9366
Work - 475-9750
Amy has specifically asked me to request that the vote be taken and decision
recorded at the earliest possible time since she doubts she can hold her
contractor to his agreed price should the decision wait until the next meeting in
March. She also informs me that she has been sleeping in the living room area
because of the unfinished state of construction.
Your earliest attention would be appreciated.
Cor 'ally,
J*vid
D rBernardin
DFB:bb
I
Any appeal shall be filed
within (2-0) a-"er the
L NORTH R
N!otice
L
L 6
date Oi 1 " .) 0
in the Office of the Town 0
Clerk. CSR
�SSAC HUSE '
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Amy Cameron/Callini DECISION
23 Perry Street
North Andover, MA 01845 Petition #011-93
The Board of Appeals held a regular meeting on Tuesday, March 9,
1993 upon the application of Amy Cameron/Callini requesting a
variation of section 7 , Paragraph 7 . 3 and Table 2 of the Zoning
Bylaw so as to permit relief of 1. 5 feet from the side yard
setback to construct an addition to the existing dwelling on the
westerly side of the property located at 23 Perry Street. The
following members were present and voting: Frank Serio, Jr. ,
Chairman, Walter Soule, Clerk, Raymond Vivenzio, Louis Rissin and
John Pallone.
The hearing was advertised in the North Andover Citizen on
January 27 and February 2, 1993 and all abutters were notified by
regular mail.
Upon a motion by Mr. Rissin and second by Mr. Soule, the Board
voted unanimously to GRANT the variance as requested.
The Board finds that the granting of this variance will not
adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Dated this 12th day of March 1993 .
BOARD OF APPEALS
Frank Serio, Jr.
Chairman
Any appeal shall be filed 0
0) L
after the
within F
'P
7-iiS L
Nlo�ice
APRILM :X
date c
in the Office of the Tow..n
Clerk. V-9
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date Karch. 11,,. .1.9.93 . . . . . . . . . .
Petition No.. 011-9 3
1 . . . . . . . . . . .
Date of Hearing. . . K4rqb.9,. 0.U .
Petition of . . . . . Amy Cameron/Callini . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 23 .PPru -$treet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of ffeX. . Section. 7.,. . . .
. .P4-rA.grapb. 7J. .and .Table .2 .of. the Zoning. Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . relief of. .1-5 .feet. from. the. side.yar.d. .sq04PX ,requirements, . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . .GRANT. . . . the
variance . . . . . . . I . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . . .Amy. Cameron/C.allini. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the foHowiiig conditions:
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Soule, Clerk
. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . Raymond. V.iv.e.nzio. . . . . . . . . . .
. . . . . . . .
Louis .R i s.s.in . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
i
f
The following is a list of things that happened prior to my complaint
to the building inspector about a violation of the building code at 23
Perry Street.
In the months prior to construction, the owner - Amy Cameron - told me
she wanted to add a bedroom. I informed her of the restrictions
related to this lot: that she could not build forward and almost
anything else she did would be in violation and would require a
variance and she would have to go to the board of appeals.
She then hired an architect who grew up in this town, the son of the
former building inspector, who should have known you cannot build less
than five feet (58 inches) from someone else's lot line.
She then hired a builder who grew up in this town, the son of a
contractor, he should have known you cannot build less than five feet
from the lot line.
She then applied for, and was given, a permit to build. The building
inspector did know better, and the assistant inspector admitted he
goofed.
She decided to disregard what I told her because someone else told her
what she wanted to hear.
When construction gan on December 21, 1992, I did not speak up
because I hail -fto what was going up next to my kitchen window.
Two days later, when I saw the size of this structure, I decided to
speak to Amy and she told me "it' s my property and I can build what I
want. " I could not contact the building inspector until Monday,
December 28, 1992 and that is when construction stopped. If there was
anything else I could do to avoid this situation, I would have done
it, but I ran out of options. I do try to be a good neighbor.
In closing, I would remind the board there is no hardship here, there
is plenty of room on the side and to the rear to build what she wants,
but she chose to build out front.
I am the only one playing by the rules, and I don't like being told I
am the one causing the problem by complaining. My whole life is in
this property, 'andiI will do what I can to' protect it.
� f
r
I
men I bought my house 35 ,years ago, I knew there was a house very
close to the lot line to the rear of my house and I accepted that,the
same as she had to accept this ,47hen she bought hers I I/2 years ago.
T am no longer a young man and every thing I have is tied up in
this house,my u.rhole life is here.I only want to live in harmony with
my neighbors.M.y new neighbor' s only interest is to build what she wants
and to hell with the neighbor.
Must Inow suffer depr&ciation and encroachment on my property
because the building inspector goofed and issued an invalid permit.
I was denied the chance to voice my objection at a board of appeals
hearing because there was never one held,and now I must rely on this
board to do whatever it takes to stop this injustice.
1
I
Board of Appeals =r
Town Office Building '
North Andover, Mass. 01845
15 k'
f
femu r tiE. a I tj 14
Leonard & Mer Beninato
18 Berry r-eet
Nort Andover, MA 01845
Any appeal Shall be filed Noses
Within (%C' after the
dat-r- of -ii*'-;-" ,,i i;-is Notice
in the Office of the Town
jj
ClClerk. C" S1
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date Kar.c b 11,,. .1.9.9 3. . . . . . . . . .
Petition No.. . .011-9 3. . . . . . . . . . . . .
Date of Hearing. . . Kqi�qb.9,. 199.3. .
Petition of . . . . . Amy .Cameron/Callini . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . 23 .Pprry .$treet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of thW. . S.ection. 7.,. . . .
. .P4rA.grapb. T-3. and .Table .2 .of. the .Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . relief of- .1-5 .feet. from. the. side.yard .setback rpquir.e.MeItF?. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . .Amy. Cameron/Ca.Ili-ai. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
Signed
Frank Serio, Jr. , Chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walter Soule, Clerk
. . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . .
. . . . . . . Raymond. ViYenzio. . . . . . . . . . . .
. . . . . . . . . Lpuis .Ris.si.n . . . . . . . . . . . . . . .
. . . . . . . . . . I . . . . . . . . . . . . . . . . . . . .
Board of Appeals
0
Any appeal shall be filed 1'L U`k!
D.4
within (20) after the IL T 0fi
E
R
Notice
date Cf -,;? �-I.
in the Guice of the Town C U
Clerk. Vq MAR MCI '53
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date1993
. . . . . . . . . .
Petition No.. . .9 . . . . . . . . . . . .
Date of Hearing. . March.?,.
Petition of Amy. C.ameronICalliiii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected . .2 3 -P e rry. .S t r e e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a variation from the requirements of tw S.e.Q t ioll. 7.'.
Paragraph. T.3. cirid.T0.1p, .2.of. the .Zoning .BYlaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . A variation .of. 9. f.e.et .8. inches .from the.side. yard. sethack. . . . . . . . .
requirements, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 Amy. Cameron/Cal.lini. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the followhig conditions:
Signed
'gv
. . . . . . . . . . . Fxazk. Seri-o,. Jr. Chairman. . .
. . . . . . . . . . . Walter. Soule, .Clerk . . . . . . . . .
. . . . . . . . Raymond. Vivenzio. . . . . . . . . . . .
. . . . . . . . . Louis Riss-in . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals