HomeMy WebLinkAboutMiscellaneous - 271 STEVENS STREET 4/30/2018I
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TOWN OF NORTH ANDOVER
Office of the Building Department
0* OORTH Community Development and Services
120 Main Street
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North Andover, MA 01845
978-688-9545
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Donald Belanger — Inspector of Buildings December 6, 2017
To: Gerald Brecher
Compass Properties
488 Pleasant Street, North Andover, MA 01845
Fr: Donald Belanger
Re: 271 Stevens Street, North Andover, MA 01845
Dear Mr. Brecher,
During our daily inspection schedule on December 4, 2017 we observed activity at the above
property address. Our office then made a site visit to your property located at 271 Stevens Street on
December 5, 2017 at 7:55 am. The following was observed but not limited to:
a) The front porch had been removed.
b) The interior on the first level had been completely gutted to the framing including electrical
and plumbing as observed from the exterior.
These actions constitute a violation of the Massachusetts State Building Code, 780 CMR 109.4,
Work Commencing Before Permit Issued.
In accordance with the Massachusetts State Building Code, 780 CMR 109.4, Section 115 Stop
Work Order, you are hereby ordered to cease and desist activity at 271 Stevens Street, North Andover,
MA 01845. Please direct your licensed and insured general contractor, plumber, and electrician to come
to the Building Department located at 120 Main Street, North Andover, MA to insure all proper permits
are pulled, which will ensure all proper inspections are being conducted. No work shall commence until
all permits have been issued and are properly posted on site.
Regards,
Donald Belanger
Inspector of Buildings
Zoning Enforcement Officer
Cc: Michael Delaney
34 Bannister Road
Salem, NH 03079
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TOWN OF NORTH ANDOVER
Office of the Building Department
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1600 Osgood Street, Bldg. 20, Suite 2035
North Andover, MA 01845
978-688-9545
Donald Belanger, Inspector of Buildings July 26, 2016
To: Gerald Brecher
Fr: Donald Belanger
Re: 271 Stevens Street, North Andover, MA
Dear Mr. Brecher,
We received your Building Permit application on July 12, 2016.
1 have reviewed your application and am rejecting same for the following reasons.
We require a certified plot plan by a registered land surveyor, the plot plan supplied with your
application was stamped by a professional engineer. Additionally, we require a copy of the actual Power
of Attorney giving Sean Melvin authority to sign for William Melvin.
I am enclosing all of your submitted documents.
Sincerely,
Donald Belanger
Inspector of Buildings
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7/11/2016 271 Stevens St, North Andover, MA 01845 - Home For Sale and Real Estate Listing - realtor.com@
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altorx.om
Hbrne For Sale — Contingent
$450,000
271 Stevens St
North Andover, MA 01845
4 beds - 1 full, 1 half baths - 1,808 sq ft - 0.96 acres lot
Presented by Maureen Heinze
Brokered by William Raveis R.E. & Home Services
Property Details
Open House
None at this time
IRequest a Private Showing I
Overview
Attention Buyers/Contractors Seeking Breath Taking Views of Weir Hill and Stevens Pond! YOUR
SEARCH IS OVER! Rare opportunity to own and renovate/rehab this beautiful property in sought
after North Andover location convenient to Town Common, Olde Center, Youth Center, Playground,
Walking and Hiking Trails, Schools, Shopping and Restaurants. Town Water, Town Sewer and
Natural Gas.
* Directions
Key Facts
• Style- Colonial
• Single family home
http://www.realtor.com/print/realestateandhomes-detai1/271-Stevens-St—North-Andover—MA-01845—M37785-08901
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Town of North Andover, MA
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Property Inilb-na ion
Property 210/095.0-0008-0000.0
ID
Location 271 STEVENS STREET
Owner MELVIN, WILLIAM E
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of North Andover, MA makes no claims and
no warranties, expressed or implied, concerning
the validity or accuracy of the GIS data presented
on this map.
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MAP FOR REFERENCE ONLY
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TOWN OF NORTH ANDOVER
Office of the Building Department
01 ORTij Community Development and Services
1600 Osgood Street, Bldg. 20, Suite 2035
0
North Andover, MA 01845
978-688-9545
Donald Belanger, Inspector of Buildings July 7, 2016
To: Donald F. Borenstein Esq.
Fr: Donald Belanger
Re: 271 Stevens Street, North Andover, MA
Dear Attorney Borenstein,
Our office received your letter(s) regard i ing your inquiry on the status of the above property on
July 6, 2016.
The next step in the process would be for your client, Mr. Jerry Brecher, to submit a building
permit application. Mr. Belanger has thirty (30) days to review the application and produce the denial
letter. Once the denial letter is completed the process to be heard by the North Andover Zoning Board
of Appeals would commence. Attached is the North Andover Zoning Board of Appeals checklist for
applicants.
Please call me with any questions or concerns.
Sincerely,
Donald Belanger
Inspector of Buildings
Cc: Jerry Brecher
North Andover Zoning Board of Appeals Checklist for Applicants:
Create 12 packages (plus original) to be "Timed Stamped "at the Town Clerk's Office (in Town
Hall)of the following;
1. Signed Denial Letter (You will receive this signed fonn from the Lispector of Buildings).
2. Applicable Permit Application (Special Permit, Variance, Finding) as well as Building Pen -nit
plication.
3. Plan of Land (a Certified Plot Plan from a Registered Land Surveyor, (RLS), must be I IxI7
or 17x22 (drawn to scale 1/4 inch = 1; foot -use, 40 scale) plus the Mylar (only I Mylar is
needed). All proposed changes outlined in red.
4. Floor Plans (four (4) elevations and plans, all floors existing and proposed).
S. Abutters List, this list comes from the Assessor's Office (MGL 40A, Section 11).
6. Letter of authority from applicant if a representative wi.11 be speaking on their behalf at the
hearing.
7. Deed
*Any miscellaneous letters, pictures, ext. thatyou may like to submitplease make enoughfor each of
the packages.
Bring in 2 Checks to the Zoning Assistant
1. To pay for Filing Fe (s) made out to the Town ofNorth Andover'
2. To pay for Postage fees for certified/retLim receipt mailings for all on the Abutters List, Based
on Current USPS rates for each abutter plus applicant, made out to the U.S. Postal Service.
3. First Class Postage stwinps for each abutter plus 2 ( to mail out decision)
4. Create Four (4) sets o Mailing Labels from Abutter list (plus applicant).
In summary bring the following to the Zoning Assistant at 1600 Osgood Street Suite 2035.
- "Time Stamped" packages, 12 copies (plus the original stays with Town Clerk)
- MjLarL1j
1- 2 Checks (Filin2 Fee & Postage Fees)
-,First Class Postage stamps for each abutter plus two
- Four'(4) sets of Mailing Label
You will receive a Legal Adfrom the Zoning Assistant when the above is all submitted to the
Zoning Assistant. The applicant is responsible to bring this
timely manner.
This Legal ad will appear in the paper twice.
If you have any questions, please feel free to call me at 978.688.9541
Thank you, Merylle Chase
JOHNSON(r�
BORENSTEI
ATTORNEYS,AT LAW
12 Chestnut Street, Andover, Massachusetts 01810-3706
,5'1-_1G,T11rVa
�MA,021
.30 JUN i116
I �1' - �k.
Donald Belanger, Building Inspector
Town of North Andover
1600 Osgood Street
Building 20, Suite 2035
North Andover, MA 0 1845
P 0%,
02 IP $000.46-5
0002700417 JUN 30 2016
MAILED FROM ZIP CODE 0 1810
JOHNSON&
BORENSTEIN, LLC
ATTORNEYS AT LAW
12 Chestnut Street
Andover, MA 0 1810-3706
Tel: 978-475-4488
Fax: 978-475-6703
www.jbllclaw.com
don@jbllclaw.com
July 1, 20111 6
Donald Belanger, Building Inspector
Town of North Andover
1600 Osgood Street
Building 20, Suite 2035
North Andover, MA 0 1845
Re: 271 Stevens Street ("Locus")
Dear Inspector Belanger:
In follow up to my letter to you dated June 30
matter, enclosed please find variance docume:
Very truly yours,
JOHNSON & BORENSTEIN, LLC
Dcrv-,
Donald F. Borenstein
DFB/mbf
Enclosures
Mark B. Johnson (MA, NH, DQ
Donald F. Borenstein (MA, ME, NH)
Lorri S. Gill (MA)
Rachel Davis Baime (MA)
Gregory R. Richard (MA)
Kathleen M. Heyer (MA, NH)
Thomas D. Orr (MA)
Of Counsel
Robert W. Lavoie (MA, NH)
�R-ec-lj I �6 11�
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Paralegals
Karen L. Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M. Melvin
Tina M. Wilson
Paralegals
Karen L. Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M. Melvin
Tina M. Wilson
July 11, 20 16
Donald Belanger, Building Inspector
Town of North Andover
1600 Osgood Street
Building 20, Suite 2035
North Andover, MA 0 1845
Re: 271 Stevens Street ("Locus")
Dear Inspector Belanger:
In follow up to my letter to you dated June 30, 2016 regarding the above -referenced
matter, enclosed please find variance documents in connection with same.
Very truly yours,
JOHNSON & BORENSTErN, LLC
Donald F. Borenstein
DFB/mbf
Enclosures
JOHNSON&
BORENSTEIN, LLC
Mark B. Johnson (MA, NH, DQ
Donald F. Borenstein (M& ME, NH)
ATTORNEYS AT LAW
Lorri S. Gill (MA)
Rachel Davis Baime (MA)
12 Chestnut Street
Gregory R. Richard (MA)
Andover, MA 0 1810-3706
Kathleen M. Heyer (MA, NH)
Tel: 978-475-4488
Thomas D. Orr (mA)
Fax: 978-475-6703
wwwjbllclaw.com
Of Counsel
don@jbllclaw.com
Robert W. Lavoie (MA, NH)
Paralegals
Karen L. Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M. Melvin
Tina M. Wilson
July 11, 20 16
Donald Belanger, Building Inspector
Town of North Andover
1600 Osgood Street
Building 20, Suite 2035
North Andover, MA 0 1845
Re: 271 Stevens Street ("Locus")
Dear Inspector Belanger:
In follow up to my letter to you dated June 30, 2016 regarding the above -referenced
matter, enclosed please find variance documents in connection with same.
Very truly yours,
JOHNSON & BORENSTErN, LLC
Donald F. Borenstein
DFB/mbf
Enclosures
44
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1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date J'W;**.WUp4,WA_ .
Petition No..
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NOTICE OF VARIANCE
Conditional or Limited Variance or Special Permit
(General Laws Chapter 40A, Section 18 as axnended)
Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted
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I)ongd Belanger, Building Inspector
Toval of North "dover
1600 Osgood Street
Building 20, Suito,2035
Andover, MA 01945
North
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JOHNSON&
BORENSTEIN, LLC
ATTORNEYS AT LAW
12 Chestnut Street
Andover, MA 0 1810-3706
Tel: 978-475-4488
Fax: 978-475-6703
wwwjbllclaw.com
don@jbllclaw.com
June 30, 2016
Donald Belanger, Buildil
Town of North Andover
1600 Osgood Street
Building 20, Suite 2035
North Andover, MA 0 184
Re: 271 Stevens Street
Dear Inspector Belanger:
Mark B. Johnson (MA, NH, DQ
Donald F. Borenstein (MA, ME, NH)
Lorri S. Gill (MA)
Rachel Davis Baime (MA)
Gregory R. Richard (MA)
Kathleen M. Heyer (MA, NH)
Thomas D. Orr (MA)
Of Counsel
Robert W. Lavoie (MA, NH)
Paralegals
Karen L. Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M. Melvin
Tina M. Wilson
I represent Jerry Brecher, purctiaser of tfie- a-bove-referenced property. This letter will
provide you with a discussion of the zoning status of the two lots that comprise the
Locus.
The Locus at issue in this matter, 271 Stevens Street, North Andover, MA, consists of
40,700+/- s.f. of land with 322+/- ft. of frontage on Stevens Street, a public way. The
Locus is located in the Residence 3 zoning district, which has current dimensional
requirements of 25,000 lot area, and 125 ft. frontage (in the R3 District, CBA is 75% and
lot width is 100 ft.). The Locus is impro . ved by a single-family home located at the
extreme northern comer of the property that was constructed in approximately 1905. The
North Andover Zoning Board of Appeals issued a variance for the Locus dated
November 14, 1963, to allow the division of the Locus into two lots, one lot containing
25,000 s.f. and the other containing 15,700 s.f., pursuant to a plan attached to the variance
decision. The existing home was to be located on the 15,700 s.f. lot. The variance
contains no stated time limitation on its use or exercise. It appears that the 15,700 s.f lot
was marketed for sale but never sold. The entire Locus has remained in the same title
since the issuance of the variance. The variance remains on file with the Town. The
issue to be considered is whether the variance remains in effect today.
The current version of the Massachusetts Zoning Act provides that "(i)f the rights
authorized by a variance are not exercised within one year of the date of grant of such
JOHNSON& Mark B. Johnson (MA, NH, DQ
BORENSTEIN, LLC Donald F. Borenstein (MA, ME, NH)
ATTORNEYS AT LAW Lorri S. Gill (MA)
Rachel Davis Baime (MA)
12 Chestnut Street Gregory R. Richard (MA)
Andover, MA 0 1810-3706 Kathleen M. Heyer (MA, NH)
Tel: 978-475-4488 Thomas D. Orr (MA)
Fax: 978-475-6703
www.jbilelaw.com Of Counsel
don@jbilclaw.com Robert W. Lavoie (MA, NH)
Paralegals
Karen L. Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M. Melvin
Tina M. Wilson
June 30, 2016
Donald Belanger, Building Inspector
Town of North Andover
1600 Osgood Street
Building 20, Suite 2035
North Andover, MA 0 1845
Re: 271 Stevens Street ("Locus")
Dear Inspector Belanger:
I represent Jerry Brecher, purchaser of the above -referenced property. This letter will
provide you with a discussion of the zoning status of the two lots that comprise the
Locus.
The Locus at issue in this matter, 271 Stevens Street, North Andover, MA, consists of
40,700+/- s.f. of land with 322+/- ft. of frontage on Stevens Street, a public way. The
Locus is located in the Residence 3 zoning district, which has current dimensional
requirements of 25,000 lot area, and 125 ft. frontage (in the R3 District, CBA is 75% and
lot width is 100 ft.). The Locus is improved by a single-family home located at the
extreme northern comer of the property that was constructed in approximately 1905. The
North Andover Zoning Board of Appeals issued a variance for the Locus dated
November 14, 1963, to allow the division of the Locus into two lots, one lot containing
25,000 s.f. and the other containing 15,700 s.f., pursuant to a plan attached to the variance
decision. The existing home was to be located on the 15,700 s.f. lot. The variance
contains no stated time limitation on its use or exercise. It appears that the 15,700 s.f lot
was marketed for sale but never sold. The entire Locus has remained in the same title
since the issuance of the variance. The variance remains on file with the Town. The
issue to be considered is whether the variance remains in effect today.
The current version of the Massachusetts Zoning Act provides that "(i)f the rights
authorized by a variance are not exercised within one year of the date of grant of such
Donald Belanger, Building Inspector
Town of North Andover
June 30, 2016
Page 2
variance such rights shall lapse." G.L. c.. 40A, s. 10. However, the one-year lapse
provision "was not contained in the pre- 1975 version of the Zoning Enabling Act" and "is
not retroactive to variances issued but not used, prior to adoption of the new Zoning Act
by the city or town." Bobrowski, Handbook of Massachusetts Land Use and Planning
Law, 3d Ed., s. 10.10 (2011) �j� dictum in Hogan v. Hayes, 19 Mass.App.Ct. 399,
403-4 (1985). In the Hogan case, the Appeals Court considered the retroactive
application of the 1975 amendment's one-year lapse period to a variance issued in 1974.
The variance in Hogan allowed the division of a parcel of land into two, non -confirming
lots (one that would contain an existing dwelling and a second on which a new dwelling
was to be constructed). The Appeals Court held that the variance had been exercised by
virtue of the sale of the unimproved lot prior to adoption of the 1975 amendment.
However, the Appeals Court went on to comment on the retroactive application of the
one-year lapse period as follows,
"The notion that variances more than one year old, and
remaining unexercised by the effective date of the new
statute, are destroyed wholesale by a retroactive application
of § 10, would appear quite drastic, and hardly matches the
text of that provision. A milder contention might take the
form that § 10 should extend to cancel variances, granted
well before the effective date of the new statute, which
have not been exercised within a year after that date. Even
that proposition might put a great and insupportable strain
on the statutory language. (See the reading of § 10 in Knott
v. Zoning Bd. of Appeals of Natick ' 12 Mass. App. Ct.
1002, 1004 [198 1 ].)" Hogan . Hqyes, 19 Mass.App.Ct.
399, 403-404 (1985).
The Appeals Court next addressed the issue of a retroactive application of the one-year
lapse period in the case of Asack v. Board of Appeals, 47 Mass.App.Ct. 733 "1999). In
Asack the court held that an owner who purchased without knowledge of a pre- 1975
variance and subsequently acquired additional abutting land could not claim the benefit
of the old variance. The Asack court found this to be clearly distinguishable from the
circumstances in the Hogan case, where the same owner who had obtained the pre- 1975
variance continued to own both lots after the Zoning Act was amended. In Hogan, like in
the situation presented here with regard to the 271 Stevens Street property, where the
original owner who obtained the pre- 1975 variance continued to own the lots benefited
by the variance, it was held to be unfair and inequitable to retroactively apply the one
year limitation period introduced by the 1975 amendments.
In his treatise, Handbook of Massachusetts Land Use and Planning L Mark
Bobrowski, Esq. states,
Donald Belanger, Building Inspector
Town of North Andover
June 30, 2016
Page 3
"The lapse provision, which was not contained in the pre -
1975 version of the Zoning Enabling Act, is not retroactive
to variances issued, but not used, prior to adoption of the
new Zoning Enabling Act, ... Hogan v, Hayes, 19
Mass.App.Ct. 399, 403-404 (1985). The Court suggested
this result in dictum." Bobrowski, Handbook of
Massachusetts Land Use and Planning Law, 3d Ed., s.
10. 10 and FN 189 (2011)
Thus, it is a fair conclusion that the one-year lapse period for variances introduced by the
1975 amendments to the Zoning Act is not applicable to the 1963 variance benefiting the
271 Stevens Street property, and that the 1963 variance remains effective today.
Very truly yours,
JoHNsoN & BORENSTEIN, LLC
�Donald F. Borenstein
DFB/mbf
Asack v. Board of Appeals of Westwood, 716 N.E.2d 135. 47 Mass.A p.Ct. 733 (Mass. App� Ct.3 1999
P L -
Page 135
716 N.E.2d 135
47 Mass.App.Ct. 733
Philip P. ASACK & another
V.
BOARD OF APPEALS OF WESTWOOD.
No. 97-P-2176.
Appeals Court of Massachusetts,
Norfolk.
Argued MaY 13,1999.
Decided Sept. 15,1999.
Stephen Gordet, Westwood, for the
plaintiffs.
Thomas P. McCusker, Jr., Boston, for the
defendant.
Present: PERRETTA, DREBEN, &
SPINA, JJ.
Page 136
DREBEN, J.
When in 1988, the plaintiffs purchased
property in Westwood, described in their
deed as lots 7 and 8 on a recorded plan, they
were unaware that in 1970, prior to the
passage of the 1975 revision of G.L. c. VA,
including a new § 10, 2 a variance had been
issued for lot 7. The 1975 revision required a
variance to be exercised within a year of its
grant.
Discovering the existence of the variance
during a refinancing of the property and
relying thereon, the plaintiffs in 1994 sought a
building permit. The permit was denied, the
denial was 147 Mass.App-Ct. 7341 upheld by
the Westwood board of appeals (board) and,
in turn, by the Superior Court. 3 We affirm.
The facts are undisputed and are set forth
in the findings of the trial judge. In 1970,
Rosemary M. and Robert J. Valinote owned
lots 7 and 8 shown on a 1936 plan. Their
home was on lot 8, which they purchased in
-1-
1936. They acquired lot 7, an adjacent
unimproved lot, in 1942. Due to changes in
the zoning by-law after 1936, lot 7 in 1970
lacked both the frontage and the area needed
to be a buildable lot. The requirements, which
continue to the present time, are that the lot
have an area Of 40,000 square feet and a
frontage Of 125 feet. In 1970, the Valinotes
obtained a variance in order to qualify lot 7 as
a buildable lot. The variance contained no
language placing a time limit on its validity
and could continue in force without limit of
time. See Hogan v. Hayes, 19 Mass.App.Ct.
399, 403, 474 N.E.2d 1158 (1985).
In 1972, the Valinotes sold lot 8 to
Ronald L. and Marguerite L. Prosser, and in
1973 sold them lot 7. Also in 1973, the
Prossers conveyed both lots to Ronald L.
Prosser as trustee of the Prosser Family Trust.
As trustee, Prosser in 1987 filed a petition for
a variance to construct a house on lot 7, but
this was denied by the board. Although
Prosser filed an appeal from that denial to the
Superior Court, his appeal was dismissed for
want of prosecution.
In 1988, the plaintiffs purchased both
lots from the Prosser Family Trust, and in
1994 applied for the building permit, the
denial of which is the subject of this appeal.
As indicated earlier, the first notice the
plaintiffs received of the 1970 variance was in
1993 or 1994 when a title examination was
performed for a refinancing of their property.
The plaintiffs rely on language in Hogan
v. Hayes, ig Mass.App.Ct. at 403, 474 N.E.2d
1158, to support their contention that G.L. c.
4oA, § io, the statute which provides that a
variance lapses if not exercised within one
year after its grant, see note 2, supra, is not
retroactive and does not apply to variances
which were granted prior to its effective date.
In Hogan, the owner of two adjoining lots
obtained a variance allowing her to divide her
ownership so that she could sell the lot with
the existing house and garage and build a
small residence on the other lot. She sold the
Asack v. Board of Appeals of Westwood, 716 N.E.2d 135, 47 Mass.App.Ct. 733 (Mass. App. Ct., 1999)
lot with the house in 1975 to Hogan's
predecessor in 147 Mass.App-Ct. 7351 title and
sold the remaining vacant lot in 1982 to
Hayes. Faced with Hogan's argument that the
variance had lapsed by reason Of c. 40A, § 10,
Justice Kaplan termed "drastic," and not
matching the statute's text, a construction
that would destroy wholesale all variances
more than one year old remaining
unexercised on the effective date of the
statute. Ibid. He also indicated that a "milder"
construction which takes the form of
cancelling variances which have not been
exercised within a year of the new statute
Page 137
"might put a great and insupportable strain
on the statutory language." Ibid.
As in Hogan, we need not reach the broad
issue of retroactivity. We also need not decide
whether the trial judge was correct in ruling
that there was no exercise of the variance by
the 1972 conveyance of lot 8 to the Prossers. 4
Even if we assume that the sale was such an
exercise, we agree with the defendant board
which in its decision stated, "[T]o the extent
that the separation of said Lot 7 and Lot 8
could in any way be determined an exercise of
a variance, the subsequent merger of Lot 7
and Lot 8 in common ownership in the
absence of anything more, would nullify any
type of an exercise."
Unlike the situation in Hogan, where the
two lots ended up in different ownership, here
the subsequent purchase Of lot 7 by the
Prossers, who were already the owners of lot
8, effected a merger as did the later purchase
of both lots by the plaintiffs. This result is
closely analogous to the "principle of long-
standing application in the zoning context
[with regard to nonconforming exemptions]:
a landowner will not be permitted to create a
dimensional nonconformity if he [can use] his
adjoining land to avoid or diminish the
nonconformity." Planning Bd. of Norwell v.
Serena, 27 Mass.App.Ct. 689, 69o, 542
-2-
N.E.2d 314 (1989), and 147 Mass.App.Ct- 7361
cases cited, S. C., 4o6 Mass. 1oo8, 55o N.E.2d
1390 (199o). Burke v. Zoning Bd. of Appeals
of Harwich, 38 Mass.App.Ct. 957, 958-96o,
65o N.E.2d 355 (1995).
Moreover, "[a]djoining parcels held in
common ownership are generally considered
one lot for zoning purposes. Heald v. Zoning
Bd. of Appeals of Greenfield, 7 Mass.App.Ct.
286, 290, 387 N.E.2d 170 (1979). The 'usual
construction of the word "lot" in a zoning
context ignores the manner in which the
components of a total given area have been
assembled and concentrates instead on the
question whether the sum of the components
meets the requirements of the by-law.' Becket
v. Building Inspector of Marblehead, 6
Mass.App.Ct. 96, 104, 373 N.E.2d 1195
(1978)." Girard v. Board of Appeals of Easton,
14 Mass.App.Ct. 334, 335, 439 N.E.2d 3o8
(1982). A person owning adjoining record lots
may not artificially divide them so as to
restore old record boundaries to obtain a
grandfather nonconforming exemption; to
preserve the exemption the lots must retain "a
separate identity." Lindsay v. Board of
Appeals of Milton, 362 Mass. 126, 132, 284
N.E.2d 595 (1972).
A basic purpose of the zoning laws is "to
foster the creation of conforming lots."
Murphy v. Kotlik, 34 Mass.App Ct. 410, 414 n.
7, 611 N.E.2d 741 (1993). See Giovannucci v.
Board of Appeals of Plainville, 4 Mass.App.Ct.
239, 242-243, 344 N.E.2d 913 (1976). We see
no reason why this purpose, which is reflected
in the zoning principle that precludes an
owner from availing himself of a
nonconforming exemption unless he includes
his adjacent land in order to minimize the
nonconformity, Sorenti v. Board of Appeals of
Wellesley, 345 Mass. 348, 353, 187 N.E.2d
499 (1963), should not also apply to the
plaintiffs who by reason of their deed from
the
Page 138
Asack v. Board of Appeals of Westwood, 716 N.E.2d 135, 47 Mass.App.Ct. 733 (Mass. App. Ct., 19922-
Prossers own both lots 7 and 8. Their
ownership Of lot 7, which is adjacent to
nonconforming lot 8, reduces or eliminates
the nonconformity. See Vetter v. Zoning Bd.
of Appeal of Attleboro, 330 Mass. 628, 630-
631, 116 N.E.2d 277 (1953). For this reason,
they cannot avail themselves of the 1970
variance, and the denial of the building
permit was proper.
Since the plaintiffs, by their own
admission, were not aware of the variance
when they bought the property, no equitable
considerations militate against this result.
Compare Hogan v. Hayes, ig Mass.App.Ct. at
404, 474 N.E.2d 1158, where the plaintiffs'
position opposing a building permit was
described as "so intrinsically inequitable that
it should not prevail."
Judgment affirmed.
i Deborah Van Valkenberg.
2 In relevant part G.L. c. 4oA, § io, as
inserted by St -1975, c. 8o8, § 3, provided: "If
the rights authorized by a variance are not
exercised within one year of the date of grant
of such variance they shall lapse, and may be
reestablished only after notice and a new
hearing pursuant [to] this section." The
provision was again amended by St.1984, c.
195.
3 Two cases involving the same issues were
consolidated. Apparently, there was a
procedural difficulty in the first case, and the
plaintiffs two years later reapplied for a
building permit.
4 The plaintiffs argue, again relying on
Hogan, that the 1972 sale of lot 8 was an
exercise of the variance. In Hogan, the court
found that there was a sufficient exercise of
the variance by the sale of the lot containing
the house in 1975 because, without it, the
built -on lot would have been in manifest
violation of the lot area and minimum
IN
frontage requirements. In the present case
the board and the Superior Court judge
distinguished Hogan on the ground urged by
the defendant board, namely that a variance
was not required for lot 8, that it had status as
a valid nonconforming use, and was not
dependent upon a variance to comply with
the zoning by-law. The facts set forth in
Hogan and in the record of the present case
are insufficient for us to accept that
distinction. The lots in Hogan were originally
separate lots and acquired by the owner at
different times, see Hogan at 400 n. 3, 474
N.E.2d 1158, and the discussion of the court
appears to treat the two lots as merged.
Hogaii v. Hayes, 474 N.E.2d 1158, 19 Mass.App.Ct. 399 (Mass. App. Ct., 1985)
Page 1158
474 N.E.2d 1158
ig Mass.App.Ct. 399
Frank H. HOGAN et al.
V.
Robert P. HAYES et al. 2
Appeals Court of Massachusetts,
Norfolk.
Argued Nov. 8, 1984.
Decided Feb. 22, 1985.
Page 1159
[19 Mass.App.Ct. 40o] Robert L.
Marzelli, North Pembroke, for plaintiffs.
Robert W. Langlois, Wollaston, for
defendants.
Before [19 Mass-APP.Ct. 399] GRANT,
KAPLAN and KASS, JJ.
[19 Mass.App.Ct. 40o] KAPLAN, Judge
The plaintiffs Frank and Katherine
Hogan own a lot on a private way in Quincy,
called Patrick Road, and the two-story house
and detached garage thereon. The lot is
rectangular, has an area Of 5,000 square feet,
and a width Of 50 feet fronting on the way.
The defendants Robert and Mary Hayes own
a contiguous lot, similar in shape and area,
and with a similar 50 foot frontage on the
way.. Their lot is vacant. The object of the
present (consolidated) action was to prevent
the Hayeses from building on their lot. On
cross motions for summary judgment, aided
by a statement of agreed facts, a judge of the
Superior Court gave judgment for all the
defendants, who included, aside from Mr. and
Mrs. Hayes, the Quincy building inspector,
the board of appeals, and the planning board.
On the main issue, we, too, support the
defendants, but there is a complication that
stands in the way of an affirmance, as will
appear.
-1-
We abbreviate the facts as far as feasible.
By 1949, Margaret Stanton and her husband
were owners by the entirety of both lots, 3 a
combined area of io,000 square feet with the
house and garage thereon, and a frontage of
loo feet. In April, 1974, after the death of her
husband, Mrs. Stanton applied to the board of
appeals for a variance to allow her to divide
her ownership so that she could sell the lot
with the existing house and garage, and build
a small residence on the other lot. There was
need for a variance because the zoning
provisions then (and still) applicable in this
residential district specified a minimum lot
size Of 7,650 square feet, minimum lot
frontage and width each of 85 feet, and
minimum side yard depths of
Page 116o
[19 Mass.App.Ct. 4011 thirteen feet. 4 On a
determination that "a literal enforcement of
the provisions of the Zoning Ordinance would
involve substantial hardship to [Mrs.
Stanton]," and so forth, the board of appeals
granted a variance "to subdivide the premises
... and erect a single-family dwelling on the
vacant lot created." Mrs. Stanton did not at
that time ask the planning board to give or
dispense with approval under the Subdivision
Control Law. See Arrigo v. Planning Bd. of
Franklin, 12 Mass.App. 802, 429 N.E.2d 355
(1981).
In 1975 Mrs. Stanton sold the lot with
house and garage to the plaintiffs'
predecessor in title. The other lot remained
vacant at the time. Subsequently, the
defendants Robert and Mary Hayes
purchased that lot from Mrs. Stanton, and,
about that time, on December 14, 1982, they
applied to the building inspector for a
building permit for a one-story, single family
dwelling. The permit issued on January 14,
1983. On April 7, 1983, the planning board
gave the defendants an endorsement of
If approval not required" under the
Subdivision Control Law.
Hogan v. Hayes, 474 N.E.2d 1158, 19 Mass.App.Ct. 399 (Mass. App. Ct., 1985)
The plaintiffs have attacked in a number
of ways. On January 24, 1983, ten days after
the issuance of the building permit, they filed
a written protest with the building inspector.
Failing any response on his part, the
plaintiffs, on February 28, 1983, filed an
administrative appeal with the board of
appeals. That board denied relief on June 24,
1983. 5 As early as January 31, 1983, however,
the plaintiffs had instituted an action in the
Superior Court against all the defendants
named above. Their complaint, as finally
amended on May 11, 1983, and amplified by
the statement of agreed facts, asserted as a
main proposition that the variance had
"lapsed," thus destroying the [ig
Mass.App.Ct. 4021 basis for the building
permit. If that contention were to be rejected,
then the plaintiffs would assert that the
permit was invalid because it was not
preceded by satisfaction of the Subdivision
Control Law (whether, as we may suppose, by
approval of a subdivision or by endorsement
of "approval not required"); and, further, that
the necessary conditions did not exist for the
endorsement given by the planning board.
Perhaps to fortify themselves procedurally,
the plaintiffs on July 12, 1983, commenced a
second action in the Superior Court attacking
specifically on the ground of "lapse" the ruling
of the board of appeals of June 24, 1983,
which had refused to disturb the allowance of
the building permit. The two actions were
ordered consolidated, and the summary
judgment appears to have been intended to
dispose of both actions. 6
1. There is a possible difficulty --not
raised by the defendants --which threatens to
frustrate the plaintiffs' appeal. According to
the case of Vokes v. Avery W. Lovell, Inc., 18
Mass -APP. 471, 479, 468 N.E.2d 271 (1984),
decided after the decision below, the
triggering event for an application for
administrative review of the action of the
building inspector would be a written
response by him to the plaintiffs' protest; but
in the present case he has made no such
response voluntarily or by compulsion. See
-2-
G.L. C. 4oA, H 7 & 8. 7 We think, however,
that the plaintiffs can escape this abyss. The
defect, although it
Page 1161
may be spoken of as "jurisdictional," appears
not to be of such significance that a court
must take notice of it even if the opposing
party fails to press it, cf. Mass.R.Civ.P.
12(h)(3), 365 Mass. 757 (1974) (subject
matter defect); rather, like a defect of
"personal" jurisdiction, it may be overlooked
if not timely objected to, cf. Mass.R.Civ.P.
12(h)(1), 365 Mass. [ig Mass.App.Ct. 4031757
(1974). Accordingly, the plaintiffs' appeal is
not destroyed and we consider it. 8
2. On the main question of the claimed
lapse of the rights granted by the variance, the
plaintiffs would have to concede that under
the Zoning Enabling Act which antedated the
present Zoning Act, G.L. c. 4oA (effective in
Quincy on June 30, 1978), a variance once
validly allowed could continue in force
without limit of time although not exercised. 9
Nor was a time limit set on the instant
variance, either by the ordinance or by the
actual text of the variance as allowed. The
plaintiffs contend, however, that the new
statute, G.L. c. 4oA, § lo, quoted in the
margin, 10 does establish a limit of one year,
and that this (or possibly the policy expressed
by it) applies not only to variances granted
after the effective date of the statute, but
retroactively to variances granted theretofore.
The plaintiffs do not spell out convincingly
the extent or detail of this claimed
retroactivity, but they assert that the instant
variance, unexercised, as they claim, through
1982 and beyond, was extinguished and could
not furnish a lawful foundation for the
building permit.
The notion that variances more than one
year old, and remaining unexercised by the
effective date of the new statute, are
destroyed wholesale by a retroactive
application of § io, would appear quite
Hogan v. Hayes, 474 N.E.2d 1158,19 Mass.A- Ct. 399 (Mass. App. Ct., 1985)
drastic, and hardly matches the text of that
provision. A milder contention might take the
form that § io should extend to cancel
variances, granted well before the effective
date of the new statute, which have not been
exercised within a year after that date. Even
that proposition might put a great and
insupportable strain on the statutory
language. (See [19 Mass.App-Ct- 4041 the
reading of § lo in Knott v. Zoning Bd. of
Appeals of Natick, 12 Mass.App. 1002, 1004,
429 N.E.2d 353 [1981].)
But we need not and should not attempt
to rule on the broad issue of retroactivity. We
are prepared to say that, so far as § lo may
conceivably bear on the past variance at bar,
there was a sufficient exercise of it not later
than the time when Mrs. Stanton sold the lot
and buildings to the plaintiffs' predecessor in
1975. As indicated (see note 4, supra ), the
predecessor at that point (and, indeed, the
plaintiffs today) would be in multiple
violation of the zoning ordinance were it not
for the variance. So also, after disposing of the
plaintiffs' lot in reliance on the variance, Mrs.
Stanton retained a lot which, except for the
variance, could not have been developed and
would have lost value. Even though the
variance had not been fully carried out by
actually building, we think it was sufficiently
(and irrevocably) exercised. Cf. Dimitrov v.
Carlson, 138 N.J.Super- 52, 59, 35o A.2d 246
(App.Div.1975); Hill Homeowners Assn. v.
Passaic, 156 N.J.Super. 505, 512, 384 A.2d
172 (App.Div.1978); Nuckles v. Allen, 250 S.C.
123, 130, 156 S.E.2d 633 (1967). 11 Moreover,
the plaintiffs'
Page 1162
position is so intrinsically inequitable that it
should not prevail. They take advantage of so
much of the variance as is needed to enable
them to hold their property lawfully but seek
at the same time to escape from its coincident
burden upon them. See Ellen M. Gifford
Sheltering Home Corp. v. Board of Appeals of
Wayland, 349 Mass. 292, 295, 208 N.E.2d
-3-
207 (1965); Skipjack Cove Marina, Inc. v.
County Commrs. for Cecil County, 252 Md.
440, 450-452, 25o A.2d 26o (1969). Cf
Selectmen of Stockbridge v. Monument Inn,
Inc., 14 Mass.App. 957, 958-959, 438 N.E.2d
365 (1982).
. [ig Mass.App.Ct. 4051 In holding that the
variance at bar did not lapse but on the
contrary has been sufficiently availed of, we
do not mean to reflect in any way upon a
possibility that an old variance, long
unexercised, may lose its force by reason of
radically changed conditions at the locus,
including changes brought about by revisions
of a zoning ordinance or by-law. See Dimitrov
v. Carlson, supra; In re Ambrosio v. Zoning
Bd. of Appeals of Huntington, 196 Misc. 1005,
ioo8-ioog, 96 N.Y.S.2d 38o (1949). No such
claim can be made here.
3. Like too many zoning cases, this one is
beset by a procedural difficulty, here arising
upon the plaintiffs' objection, already
adverted to, that the issuance of the building
permit was not preceded by satisfaction of
subdivision requirements. More particularly,
the plaintiffs point to G.L. c. 41, § 81Y, par. 2
(as appearing in St -1953, c. 674, § 7), which
states that a building inspector may not issue
his permit "until first satisfied that the lot ... is
not within a subdivision, or that a way
furnishing the access to such lot as required
by the subdivision control law is shown on a
plan recorded or entitled to be recorded
under N 81X]," etc. We do not know on what
basis the building inspector acted. The
planning board's "approval not required"
endorsement would be a proper basis, but
that came too late for the purpose. The
plaintiffs' grievance seems minor at best:
although asserting that the planning board's
endorsement of "approval not required" was
improper, the plaintiffs do not provide any
solid support for the assertion. See Haynes v.
Grasso, 353 Mass. 731, 234 N.E.2d 877
(1968); Adams v. Board of Appeals of
Concord, 356 Mass. 709, 255 N.E.2d 372
(1970).
Hogan V. Hayes, 474 N.E.2d 1158,19 Mass.App.Ct. 399 (Mass. App. Ct., 1985)
Having lost their point that the variance
has lapsed, the plaintiffs may see little profit
in persisting with this litigation. Strictly,
however, they are entitled to a reversal of the
judgment, but with leave to the defendants to
supplement their pleadings and proof with
respect to compliance with G.L. c. 41, § 81Y
(having reapplied so far as they may deem
necessary to the building inspector or
planning board to attain compliance); the
action to proceed further in the Superior
Court as occasion may require.
So ordered.
i Katherine A. Hogan, his wife.
2 Mary A. Hayes, his wife; the inspector of
buildings of Quincy; the board of appeals of
Quincy; and the planning board of Quincy. As
indicated below, this action was consolidated
with another brought by the same plaintiffs
and naming as defendant only the board of
appeals of Quincy.
3 The lots were originally laid out as part of a
plan recorded in 1902. By the late 1940's, the
two lots came to be separately owned. The
Stantons bought one of the lots in 1948 and
the other in 1949.
4 Without the variance, the division proposed
by Mrs. Stanton would have put the built -on
lot in manifest violation of the lot area and
minimum frontage and width provisions.
There would be a violation, also, of the side
yard provision because a lot line bounding the
vacant lot would run within four feet of the
existing house. Mrs. Stanton's plan put the
proposed house within ten feet of a lot line.
5 The board indicated that the "lapse"
question, mentioned immediately below,
would have to be finally decided by the court
in the plaintiffs' action commenced on
January 31, 1983.
-4-
6 We read the notice of appeal as being
addressed to the consolidated action although
nominally lodged only in the first action.
7 As to the administrative route that must be
traveled before judicial review is sought, see
Neuhaus v. Building Inspector of
Marlborough, ii Mass.App. 230, 235, 415
N.E.2d 235 (ig8i); McDonald's Corp. v.
Seekonk, 12 Mass.App. 351, 353, 424 N.E.2d
1136 (1981), and note Banquer Realty Co. v.
Acting Bldg. Commr. of Boston, 389 Mass.
565, 574-575, 451 N.E.2d 422 (1983).
8 It may be observed that the building
inspector is joined in the present action and is
aligned as a defendant.
9 See, however, the reference below to the
possible supersession of an unexercised
variance by reason of a severe change of
conditions.
lo Section lo, as amended by St.1977, c. 829,
§ 4B, provides: "If the rights authorized by a
vanance are not exercised within one year of
the date of grant of such variance they shall
lapse, and may be reestablished only after
notice and a new hearing pursuant to this
section."
11 We decide that the exercise of rights herein
would be sufficient to prevent a lapse of the
variance even on the plaintiffs' hypothesized
interpretation of § io. We do not attempt a
definition of "exercise" under § io in its
prospective sense. Cf. Hunters Brook Realty
Corp. v. Zoning Bd. of Appeals of Bourne, 14
Mass.App. 76,436 N.E.2d 978 (1982).
Unlike § io, some zoning provisions have
carried definitions of use or exercise. See Roy
v. Kurtz, 357 SO.2d 1354, 1356 (La.Ct.App.),
writ denied, 359 SO.2d 1307 (La.1978); In re
23o Tenants Corp. v. Board of Standards &
Appeals of New York, lol A.D.2d 53, 54, 474
N.Y.S.2d 498 (1984); In re Appeal of Newton
Racquetball Associates, 76 Pa.COMMW. 238,
242, 464 A.2d 576 (1983).
Hogan v. Hayes, 474 N.E.2d 1158,19 Mass.App.Ct. 399 (Mass. App. Ct., 1985)
Mass. Gen. Laws Ch. 40A Sec. 10 Variances (The General Laws of Massachusetts (2016 Edition))
Section lo Variances
Section io. The permit granting authority shall have the power after public hearing for which
notice has been given by publication and posting as provided in section eleven and by
mailing to all parties in interest to grant upon appeal or upon petition with respect to
particular land or structures a variance from the terms of the applicable zoning ordinance or
by-law where such permit granting authority specifically finds that owing to circumstances
relating to the soil conditions, shape, or topography of such land or structures and especially
affecting such land or structures but not affecting generally the zoning district in which it is
located, a literal enforcement of the provisions of the ordinance or by-law would involve
substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable
relief may be granted without substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of such ordinance or by-law. Except
where local ordinances or by-laws shall expressly permit variances for use, no variance may
authorize a use or activity not otherwise permitted in the district in which the land or
structure is located; provided however, that such variances properly granted prior to January
first, nineteen hundred and seventy-six but limited in time, may be extended on the same
terms and conditions that were in effect for such variance upon said effective date.
The permit granting authority may impose conditions, safeguards and limitations both of
time and of use, including the continued existence of any particular structures but excluding
any condition, safeguards or limitation based upon the continued ownership of the land or
structures to which the variance pertains by the applicant, petitioner or any owner.
If the rights authorized by a variance are not exercised within one year of the date of grant of
such variance such rights shall lapse; provided, however, that the permit granting authority
in its discretion and upon written application by the grantee of such rights may extend the
time for exercise of such rights for a period not to exceed six months; and provided, further,
that the application for such extension is filed with such permit granting authority prior to
the expiration of such one year period. If the permit granting authority does not grant such
extension within thirty days of the date of application therefor, and upon the expiration of
the original one year period, such rights may be reestablished only after notice and a new
hearing pursuant to the provisions of this section.
-1-
ztttjrSjj.P�4 handS and scab this ... fourlaentb ......... day of .......... MAY., ................... 19..57..
...... .......
. ...... . . ..
........................ .... .. . ...
47
................................ AA"�- I
Xhr T-Ijutmaltutrafth jot isanottrijulwUs
D e -
ss. 14ay 14, 1957.
:d the above named Richard G. Haltmaler
:)ing instrument to be his free act- and deed, before me
Notary Public
My commission expircs Z:7rt�� 19
rded Apr. 22, 1963 at 55m PAst 1P -M- #471
We, Albert Haltmaier and Klara Haltmaier, husband and wife,
both
Of North Andover Essex County, Massachusetts,
for -consideration paid, grant to William E. Melvin and Marilyn M. Melvin,
husband and wife as temntsp by the entirety both of Andover, Mass,
with quttrinim rattritattts
the land in . said Worth Andover, on the Westerly side of the road leading from
(Description and ascumbranco, if my)
the factory of Koses T. Stevens to Nor th Andover Center, now called Stevens
Street and bounded and described as follows$
Beginning�at the Southeasterly corner by said roadand by land now or formerly.
of George Loring and running Westerly with t . he fence by said land now or
formerly of Loring about eight (8) rods, more or less; thence with the fence
Northerly by land now or formerly of said Loring about twelve (12) rods, more
or lest, to land now or formerly of the Heirs of Dr. J6seph Kittredge; thence
Easterly with the fence by said Heirs' land about fifteen (15) rods, more or
lessq tO the above named road; thence 96utherly by the road to the point first
mentioned. Containing one and one—third (1-1/3) acres, more or less.
Being the same premises conveyed to us by deed of Richard G. Haltmaier
and A. Joseph Haltmaier, to be recorded herewiths and dated May 14, 1957.
Un uF jj�Aj C
AP8 '9
19
196Z
C.41
��D
XX
Vtjnrjjj;.T4 hands and scab this ... f.ourtaent]a ......... day of .......... UY . . ................... 19..57..
I.... . ........ .......
................. .............................................................. ....4 .........
...... .......
................... ........ .........................
ell 7 . . . ...........
..............
...................................... ......................... ...... .......
Mir (Clantmaltwealtil; of manottrijumns
Essex, ss. — - . ":,)( -
Then personally appeared the above named Bichllrd G. Haltmaler
and acknowledged the foregoing instrument to be his free act and aced, before me
..............................
..Aa . . .. ......
Notary Public —117AUEJOWAIM
MY commission expires vct4��,
1963 at 55M PASt 1P -M- #471
Essex,ss. Recorded Apr -
We, Albert Haltmaier and KlarA Haltmaier, husband and wife,
both
Of North Andover Essex Countv, Massachusetts,
&*j*xxrxri&A for consideration paid., grant to William E. Melvin and Marilyn M. Melvin,
husband and wife as temntx; by the entirety both of Andover, 11ass.
with quttriaim ratrettauts
the land in � said Worth Andover, on the Westerly side of the road leading from
(Descriptiost mW mcumb—ces, if any)
the factory of Moses T. Stevens to North Andover Centery now called Stevens
Street and bounded and described as follows 9
Beginning.at the Southeasterly corner by said roadand by land now or formerly. -
of George Loring and running Westerly with the fence by said land now or
formerly of Loring about eight (8) rods, more or less; thence with the fence
Northerly by land now or formerly of said Loring about twelve (12) rods, more
or less, to land now or formerly of the Heirs of Dr. Joseph Kittredge; thence
'Easterly with the fenc�e by said Heirs' land about fifteen (15) rods, more or
less,�V) the above named road; thence Southerly by the road to t he point first
mentioned. Containing one and one–third (1-1/3) acres, more or less.
Being the same premises conveyed to us by deed of Richard G. Haltmaier
and A. Joseph Haltmaier, to be recorded herewithq and dated May 14, 1957.
-rahL
MASSACHUSETTS -.PROPERTY INSURANM` UNDERWRITING ASSOCIATION
Two Center Plaza
Boston, Massachusetts 02108-1904
(617) 723-3800 Ma OnIv (800) 392-6108, FAX (8001851-8424
Form of Notice of Casualty Loss to Building
Under Mass. Gen. Laws, Ch.139, Sec.313
NORTH ANDOVER BUILDING COMMOSSIONER
NORTH ANDOVER TOWN HALL
NORTH ANDOVER MA 01845
Re: Insured: WILLIAM E AND MARILYN M MELVIN
Property Address: 271 STEVENS ST, NORTH ANDOVER, MA 01845
Policy Number: 1196265
Type Loss:
Ice Dams
Date of Loss:
03/01/2015
Claim Number:
338992
Claim has been made involving loss, damage or destruction of the above captioned property, which may either
exceed $1000.00 or cause ' Massachusetts General Laws, Chapter 143, section 6 to be applicable'. If any
notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate, please direct it to the
attention of the writer and include a reference to the captioned insured, location, policy number, date of loss
and claim or file number.
MPIUA Claims Division
CMA00021
5/12/2015
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HOME IMPROVEMENT.CONTRACTOR
Registration 106603
Type - DBA
Expilation 07/24/98
((7
AJ WOOD CONSTRUCTION
Richard J. Smith
�Vi6 Shore Drive
ADMINISMATOR Salem NH 03079
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BUILDING'PERMIT 0 TLF
TOWN OF NORTH ANDOVER 0
APPLICATION FOR PLAN EXAMINATION
Permit'No#: Date Received 0 4 2- % C. ArE
AC
Date Issued:
IMPORTANT: Applicant must complete all items on this page
LOCATION
Print
PROPERTY OWNER (-); / V44'ty 0- . 6? C- L V) v
qs- Print 100 Year Structure
MAP PARCEL: ZONINGIDISTRICT: Historic District
Machine Shop Village yes
TYPE OF IMPROVEMENT
PROPOSED USE
Residential
Non- Residential
��New Building
WOnefamily -f 1-
EgAddition AvT)
0 Two or more family
0 Industrial
X"Alteration
No. of units:
0 Commercial
El Repair, replacement -
0 Assessory Bldg
11 Others:
0 Demolition
El Other
q tic 1� Well
,07 -
01 lopdpl�aih ff] wgtlands
El Watershp strig
N'WatOrfSewef ji
DESCRIPTION OF WORK TO BE PERFORMED:
2C A) 3 V /�7 1-0 A) 6- f 4�_74 eV -� / 0 1'/ L) ;C & Y / 5 ZZ A)�G _/Z C_'F
C_b AJ !; 7A -1J 0-1 0 A) 0 V- IV&,) 12-E-51Dz�A)L-6 t> / V / Aez- L_
f./V _r� 111) 0 0.91 JA, -0414. CL 11(e3
CD,V-T/L+CA- k-OL'bea Identification - Please 'type or Print Clearl�
0 Phone: b 1 0 - S'13 3
ff_NE-44,: Name: GF_Q_AL�0 fZ e C PC A-'
Address: L -f 9 � � t 6- AS4 A/ T 'S 1_17,celrt X)012-1-9 4k)otlelt
Contractor Name. 4". -Phone: 3
ai:l: elk 0, &o-,,
Address:_ vid C,1-wA6".)C-,Ff Mf
Supervisor's Construction License:
Home Improvement License:
Exp. Date:
Date:
ARCH ITECT/ENGI NEER-6e, 7-,- 4-,x)0tJK -Phone:
Address: IVA h"I 9 Reg. No.
FEESCHEDULE. BULDINGPERMIT. $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F.
Total Project Cost: $
EE: $
Check No.: Receipt No.:
NOTE: Persons c�,X�inrwit"nregistered contractors do not have access to the guarantyfund
Plans Submitted
Plans Waived Certified Plot Plan Stamped Plans F1
TYPE OF SEWERAGE DISPOSAL
Public Sewer Tanuing/Massage/Body Art F1 Sw"D�g Pools
well El Tobacco Sales El Food Packaging/S 'ales 11
Private (septic tank etc. El Pennanent Dumpster on Site El
THE FOLLOWING SECTIONS FOR OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
��PLANNING & DEVELOPMENT Reviewed On Signatur'.
COMMENTS
CONSERVATION Reviex
Im A --F—
HEALTH
COMMENTS
on Signature
Zoning Board of Appeals: Variance, Petition No:_ -Zoning Decision/receipt submitted yes
Planning Board Decision:
Comments
Conservation Decision: Comments
Water & Sewer Connection Driveway Permit
DPW Town Engineer: Signature:
Located 384 Osgood Street
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COMM EN TTSr,.i'f, k, I
Gerald Brecher
488 Pleasant Street
North Andover, MA 0 1845
jerrybrecher(o)jzmaii.com
617-510-5133
July 12, 2016
Donald Belanger
Inspector of Buildings
Town of North Andover
re: 271 Stevens Street
Dear Mr. Belanger:
As the party contracted to purchase the above -referenced property from Mr. William E. Melvin
(please see enclosed copy of the duly executed Purchase and Sale Agreement dated February 24, 2016)
1 am seeking to divide this property into two lots pursuant to the variance Mr. Melvin was duly issued
by the North Andover Zoning Board of Appeals (ZBA) in November, 1963 (copy enclosed.)
Based on advice from my legal counsel, I believe this variance is still in effect. I understand
that you disagree.
In keeping with the spirit of the North Andover Zoning By -Law, I am seeking to modify
the aforesaid variance in accordance with the Site Plan I am enclosing with this letter of transmittal.
I will present a complete application to the ZBA for that purpose.
The Site Plan details all the dimensions and setbacks of the proposed lot division, and I have
also enclosed the North Andover Application for Plan Examination as you requested. In addition,
I am enclosing Preliminary Design sketches from my architect, including front elevations, floor plans,
and building height.
Accordingly -- and understanding that dividing the property as shown on the attached Site Plan would
require relief from the ZBA, and further understanding that you do not agree that the variance issued
to Mr. Melvin continues in force -- I am requesting that you transmit to the ZBA your Denial of approval
for the proposed division of this property into two lots, as shown on the Site Plan as a modification
of the variance Mr. Melvin was issued by the ZBA in November, 1963.
1 would be grateful if your Denial can be transmitted to the ZBA by the close of business on Thursday,
July 14 th so that this matter can be calendared for the August 91h ZBA meeting.
Thank you for your assistance and cooperation.
Yours sincereIV,
"�Gerald Brecher
w/enclosures
cc: Donald Borenstein, Esq.
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TOWN OF NORTH ANDOVER
MASSACHUSErITS
BOARD OF APPEALS
NOTICE OF DECISION
Petition of. . MAUM 901"A -
Date A054 100 - �
Petition No ......
Date of Hearing. V0%Z&V,0V IRV, 2,9,11V
Referring to the above petition for a variation from the requirements of the ..................
9 W -M -Aaftm Aqolv ..........................................
............... ......... I .
rMat te to "Oft 30s tuft t3 U*'4.
XWA P9 M, WA 3 W ftm&-,
........... ...... .................... ........................... ........
After a public hearing given on the above date, the Board of Appeals voted to the
........................ and hereby authorize the Building Inspector to issue a
permit to ..... MLIZ
.. .... ... ......... I .............
for the construction of the above work, based -upon the following conditions:
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14MU
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board ot Appeals
13
THE COMMONWEALTH OF MASSACHUSETTS
.................. . .... N.0RT1._ANR0.= ............. .................................
CITY On Vow"
BOARD OF APPEALS
................ Xqvqnber._1�6...
................ . _ ........... _19 63
NOTICE OF VARIANCE
Conditional or Limited Variance or Special Permit
(General Laws Chapter 40A, Section 18 as axnended)
Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted
To ... A AIJNQ�ft ........................ &;�_r,o,r ... P_c,W,,io,n,,eT --------------
Address ----- 971gumm.-M mwk ...............................................
City or Town ...... NOrt-4--h- -AdOW—p- -Akm .................... ..............
271 Stevens Street
........... --------------------------------------------------------------- ------------------------
rdentify Land Alreeted
............................................................................... . ........ ....................................... -----------------
by -the Town of --------------------- N.R. r. -t- _h ... A;Imr ---------------------- * ------ Board of Appeals affecting the
rights of the owner with respect to the use of premises on.
271 Stavew
.................................................. --------------------------- ..................
ffireel City or Tovm
the record tide standing in the naYne of
- 1111LUX 3. ibivin
--------------------------------------------------------------------------------------------------------------------- ----------------------------------
whose address is ------ 271 -Stevens.. Stivat ............. Noz+A AmIc"r - ----------- Xhssa*b%=tts_,
....... .............. ............. .......................... ......................
stmt City or Tom - state
by a deed duly recorded in the ........................................ County Registry of Deeds in Book
................ Page ................ I -------------------
..... Registry District of the Land Court
Certificate No ................. ................ Book ................ Page ................
The decision of said Board is on file with the papers in Decision or Case NoAgj�qkIYW_63
3OR
in the office of the Town Clerk ........ ft ---- ----------------------------------------------------------
Signed this ... 34 day of --------------- �!q ---------------- 1963 -
Board of
zoara ei Appews
....................................... -------- 19 -------- at --_---------- o'clock and -------------------------------- minutes ---- M.
Received and entered with ibe Register of Deeds in the County of ------------------------------------------
Book-_.. ------------------ Page -------------------_--
ATTEST
------------------------------------------------------
Register of Deeds
Notice to be recorded by Land Owner.
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STANDARD FORIM
PURCHASE AND SALE AGREEMENT
This 24t' day offebruary, 2016
1. PARTIES WiWam E. Metvip, by Sear, K.�Iffelvin� urder PGA doted August% 20.14 171
AND IvLAJLIN,G NorthAndoverJVIA. 01845
ADDRESSES
hereinafter called SELLER- agrees to SELL and
forth,
the fioflowing described. premises::
- 1
2. DESCRWTIO�N,7 The land. wah. a!; impt-ovenrle M- dII';TeOJ2 knOW,11 and aS M Stevens Strect, Norzt. Aredove'r.
Onellude iWe Essex County, Massachusetts and more particularly dewibed in a deed rec-orded with the Essex
refereweei North District Registry of Deeds at Book 983, Page 258.
BI-ITIMING& [M -WW in che Sale as a Dart of Said Premises art� ihi� ='Ict-treS WIC, M10ro Velnc F -its ROW*
STRUCTURES, therem and the fixtures belonging to the SELLER and wed in colmectioo thereivith II)OUding, ffanY
RvRovr-,k4j--- X"rs. s1*1 wall-tc--wail cagx-fina. d-rarvery fads. auronnan", eara. doo- -01111elllek"S. VI-WIENIM valind.-
FIXTURES screens, screen docTs. storm windows and doors. awnin "ornaces, healers, k-atingg
ggs� shutters. r
ffril uz or a'CIe'--ef equipmem, stoves. rang-ts. oil and btttraers anA flumares aplpqfnenant flwrezo. hto't wa-, r �'C' ers�
i - -C ..
pi lumbing ard bathroom ftxtures, garbage disposers, electric and other lighting fixtures, marrkeis, ovaside
wlvvisior dish. fenc-- gateq& trees pianis- dis�wnsher. range, �md n3�vrQv(av,-,,
even, and built in, speaker.
4. INTLE DEED
Said preani�-s� are to N- conveyed by 9 good and sufli-icicrit deed nurmlila to ehe� BU-YER.
or to the nominee designated by the 86`�TR by written notice to the SE LLER a. lew- seven days
hichidehere &Y.--werific
before Ohe deed is to b�-; dell'Ver—el as here -m provided7 and t1lic f -aid -diced shall Conm.,v a g ', Mid c' u
'Qt�a IC
rq�rence-s ap4resirzcdatm
I
record and marketable tide thereto, free from. encumbrances� except
easemenrs� ntehis ctnd
(a) P.mvisiLms of exi-om& buildiwN and zonintz !aws.
obligaidons inparty waily
(b) Existing righEs and obligations in party walls which are not the subject of wrIMP agreement,
rot inctudo'd &2 (k�)' lew-ses'
(c) S�w:h "--e;-z for the ther, carrent Y -�q are inet dui� and payabile on the datle of th.e di�71*ivery of
municipa.'and other hens,
such deed:
orker encumbraru�es. and
id) Any liens or -E=- udpal bemMnems as.5ez-�,e aft�-r th� -date. agr-�=! 11
i is I -XI, il
make pro -W . sionroprotect
(e' ) Easements, restrictions and reservations of record� i1c ar�y, so Ion-, as ffie swn-c Cie. riot pr&MIbil
SELLER agafi--w BI YER -S
U
or m. M1,x MI
-ter i R-,rf� -vv; h the cwTent use ofsaid rremisesas a singgie fami1v n�'Skdonc--:
brelach ofSELLER's
cpvenants in ia&xes, whe�,e
5. PLANS
11 said deed rd-ers to a Plan necessary W% be rccorded ftlemrwith 6� SiELLEER s�Wl pjar,
ith the deed w fonn adequate for recording or registration.
6. REGISTERED fin addition to the fbregaing� if the title to said prealises is registered, said decd shall be in fiarm sufficient
TITLE to entitle the BUYER to a Certificate of T:tle of said prem ises. and the SELLER shall deliver witli said
deed all instruments, if any, necessary to enable the BUYER to obtain such Certificate of Title,
7. PU RCMSE IM iCE The agreed purcha.w pince for said prernises, is Four Hundred Sixty Thousand 06AG-0 ($460,000.00)
dollars, of which
$ 18,00MIQ have lb%eeri paid as a deposit this day and
S 51000.00 baying been paid at the time Buyer's offer was accepted by Stiler
$ 4_37,000.00 are. to be paid a' the time or delivery or the deeal in cash, or by certifiled,
cashier's. treasurer's or bank check(s), or by check drawn on Buyer's
attoraWs I.O.L.T.A. account,
S 460,000.00 TOTAL
I th I ER shaH deliver tha dei:d at
TIME FOR The BUYER shall pay die balance of, e;lurQbase Price ard vic SELL
PERFORMANCE: Noon on the 2e day August, 2016 at the Essex North District Registry
, of Deeds or at the office of
DELIVERY OF Buyer's attorney, unless oftherwise agreed upon inwTiting. it is agreed tl
1 -1 hwt time is oNhe cssence oldhis
DEED agreement. Closing may also take place fifteen (15) days after the Buyer receiving approvals from the
Town of Nord[t Andover to subdivide the lotin to 2 buildable lots, ifthiis occuts ear- fier then the alwqo
closing date. If Buyer cannot obtain the approval to subdivide the said lot, then the Buyer may extend
the closing for up to three Q) add' adollal are (1) montin periods provided tho bayer has continued to lase
diligent efforts to obtain such approvals. if the Buyer it&- not received the necessary approvals firom the
Town of North Andover as statcd herein on or before. Novernlier 20, _201; 6 then� at Zhe Seller's optiorl, (lie
agreement shall be nuU and void without recourse to either party herein and the deposit shall be returned
to die Buyer together with any erigairie"ring plam and docutments relatin-2 to the subdivision of tile IV's in
the possession of the Buyer.
I t� I a ided,
POSSESSIONT AND Full possession Ofsaid Premises ft -e ofall tenanis and occupants. as -is, exceWi as h re.4:i pr vi
CONDITION OF be delivered at the time of the delivery of the deed, said premises to be then (a) in the, same condition as
PREMISE they now are, reasonable "e and wear thereof excepted, and (b) nott in violation of said building and
(allach a list qf zoning law& and (c) in compliance with provisions or any instrument referred to in clause 4 hereof The
accprians. _Y'aT� BUYERshall be entitled personally to hispect, said deedinorderto
determine whether the condition thereof complies with the terms of this clause.
10. FXTENSIONTO Ifithe SELLER shall, be unable to give title arto make conveyance, or todeliver possession of Me Pre -
PERFECT TITLE OR mises, all as herein stipulated, or if at the time of the delivery of the deed the pretnises do not conform
MAKE PREMISES with the provisions hereof ' then the SE. LLER m ust use r_��asonable ef forts �o remove an�v defecc rs. in dale.
CONFORM or to deliver possession as provided herein, or to make the mid premises conform to the provisions
(011ange For"ov, qf ame hereof, as the case may 4�, in which evear. 11he SELLER shall, -live %-vdneii aotict� tlwreofio the BUYER
�f desired)_ at or before the time for performance hereunder, and thereupon the tinie for performance hereot'shall be
eNtended, for a pzrlod ofthinydikys� Seller shall not be required to spenalmore than $51�500.00 to ronledy
any such non -conformity.
11. FAILUREIM Aff At Lie A�xpiraiion offthe cxterided time the SIELLER SIWK havc fa:led sow remsive any'defccusin inde..
PERFECT TITLE OR deliver possession or make the premises conform. as the case may be�, all as here -ED ag,=4 or if at any
IVIAKE PREMISES t;rae during the period'ofthis agreemient oranw extensknq thereoi.. It -lie holder offa morq_;�Lge on said pre -
CONFORM. etc. mises shall refuse to permit ihe insurance proceeds, if any, to be usedfor such purposes, then ar� pay-
Ments Made uridler this kogeernent sliall he forthwAii refluided and M! oteer obligations of the panies
hereto shall cease and this agreement shall be void without recourse to the parties hereto,
2
12. BUYER'S T'he BUYERsball have uk election, at either dhe originall or aq extended ciirnc� forperformance-, to
ELECTION! TO accept such title as the SELLER can deliver to the said premises in their then condition and to pay
ACCEPT'FITLE L
I therefore dic purchase price without deduction, in which case the SELLER shall wnvcy Such titlet
except that in the event of such conveyance in accord with the provisions of this clause, if the said
premises shall have been damaged by fire or casualty insured against, theii the SELLER. shall, wiless to
SELLER lias previousty restored die premises to their f6rmer condition. either
(a) pay over or assign to- thc BUYER, on delivery of the deed, all amounts recvverod or reo.-verable
an account of such insuran cc. less any amounts reasonably expended by the SELLER for any
par -dal restoration. or
(b) V a holder of a mom -age on said premises shall not permit the insurance proceeds or a part
thereof to he used to restore tf�.- said premises to theh- former condition or lo be so paic! ovl�x- OT
assignecL give to the BUYER a credit against the purchase price. on deliver- of the deed., equal to
said amouras so recovered or recoverable and retained 4-v die holder ofthe said mortgaga less
any air
., ouns reasonably expen, ded by die SELLER for any partial restoration.
13. ACCEPTANNICE OF I -Pie acceptance and rveording of a deed by the 1313-YER or his nominee as the caste may be, shall be
DEED deemed to be a full performance and discharge of every agreement and obligation herein contained or
expresseA except such as are. by the terms hereof. to ble performed after the delivery of said deed.
14. USE OF To enable the SE�LLER to make conveyance as herr-in providca, the SELLER nqay� wthe nume; of
IMMEY TO delivery of the deed� use the purchase money or an.y portion thereof to clear the title of any or a] I
CLEAR TITLE encumbrincesorinterests, provided that aft' ins-trumtems so procured are recorded inaccordance with
local conveyancing practice.
15. INSURANCE Until the dell' very of die dea the SELLER shai 1 maintain insumnce on said premises as 'foilows:
(Inserl amount (1W Type of Insurance Amount of Coveraize
additional (vpes of
insurance and aMM-MIS (a) Fire and ExtendW Coverage S Not Presently Insured
as agreeO (b) S —
16. ADJUST-MENTS Waier and sewer use charges and raxes for the then cu mtnt fisc -al yeaff, shal I be aip on-oned and fuell
flist operating value shall be a�justed, as of the day of performance ofthis agreement and the net amm-it thercofshall
fwpeaves, Yaltv or be added to or &duct -ad from. as ih� case way b -c, the purchase price pay-abliz h -y the BUYER at tile timt
"'iattach scbedide of delivery of the deed.
E
117. AD-WST11,1ENIT If mw amount -- f said U—nes is not Pne-wa at Ehe time of fhe del ivery- of the deed- fney sh-111 be appo-.dor,,�d
OF IN -ASSESSED on the, basis of the Mxes, assessed for the preceding fiscal year, with a reapportionanent as soori as the
AND new tax raw and valuation can- be ascertained-, axid, iftbe mmxes whieh are ta, b -c- appcwtiotwd sFall zbere-
ABATED TAXES after be reduced by abatement, the amount of such abatement, less the reasonable cost ofobtaisning 'the
samne, shall he apportioned between the parties, proviCed that ncith;�,r paqy shatJ be obligated to instifi-w
or prosecute proceedings for an abatement unless herein otherwise Weed.
19. B ROK E:R's F F E A Broke r's fee P) r proffe: s s 10oai it rV i c e,� o f A s A a reed i �q d4w firo mi Crie S P 1, L E R 1w W i 11 ia m Ra ve is Re -a I
Estate, the Broker(s) herein, if, as and when title passe,,; and the deed is recorded and consideration
paid and not otherwise.
19. BROKER(S) The Broker(s) named herein warrant(s) that the Brokcqs) is(are) duly licensed as such by tile
WARRANTY Commonwealth ofIlylassachusem.
20. DEPOSIT All deposits made hereunder shall beheld in escrow by William Ravels. Real Estate, as oscrow agent
subject to the terms of this agreement, and shall be duly accounted for at the time for perf"orn, ance of fnis
agreement, In the event of any disagreement betwwn die paniest the escrow agent shall reetahn all
de-positsmade under this agreement pending written instructions agreed to and mutually given by the
SELLER and the BUYER, or by a Court of competent jurisdictk)n
BUYER's
If the BUYER shall fail to fulfill &,e BUYIER's agree-ments herein.. all deposits made. hereunder!)y the
DEFAULT,
BUYER shall. be retained ky the SELLER as liquidated damages and this shall be Seller's sole and
DAMAGES
exclusive remedy, at Law and in Equity, for breach by Buyer hereunder. The. Parties acknowledge
and agree that Setler has no adequate remedy in the event of Buyer's default under this
Agreement because it is impossible to compute exactly the damages which would accrue to Seller
in such event. Therefore, (be Parties have taken these fads into account in setting the amount of
the deposit hereunder and hereby agree that: (i) the deposit hereundtw is the best estimate of such
damages which would accrue to Seller in the event of Buyer's default hereunder, (ii) said deposit
represents damages and not a penalty against Buyer, and (iii) the Parties have had the benefit of
counsell with regard to the provisions of this Paragraph 21.
22. RELEASE BY
The SELLER's spouse, if any. hereby agrees to join in said deed and to release and convey all statutory
HUSBAND OR
and other rights and interests in said premises.
WIFE
i
23. BROKER AS
The Broker(s�j nanied herein join(s) in this kgreemen! and becoine(s) a party hereto. insolar as any provi-
PARTY
sions of th.is agreement expressly apply to the Broke*), and to any amendments or modifications of
such provisions to which the Broker(s) agree(s) in writing.
224. LIABILITY OF if the SELLER or BUYER -executes this agreement in a
. representative or fiduciary capacity. only 'he
TRUSTEE, principal of the estate represented shall be bourKL and neither the SELLER or BUYER so executing, nor
SHAREHOLDER, any shareholder or benefieiai�y of any trust, shall be perrsonally liable for an�- obligation, express or
BENEFICIARY, etc.. implied, hereunder.
25, WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor
REPRESENTATIONS has fie relied upon any warranties or representations not set forth or incorporated in this agreernent or
fnone. srwe "none previously made in writing, excepE the following addition?] warranties and representwtions- if any, inade
fistez4 indicate by either the SELLER or the Broker(s): NONE EITHER EXPRESS OR IMPLIED. The property is
kv -whom each being purchased "AS IS " after all inspections conducted by the BUYER.
warrann, or
represerualion wa�
made
26. MORTGAGE W, eted
CONTINGENCY
CLAUSE
('omit �Ozot provided
jor in Offir io
Purchase)
4
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27. CONSTRUC"TIONN T'his h9strument- executed ;n multiple Counterpart& is to be construed as a Massachuse-as coriur"t-, is w
AGREEMENT take effect as a sealed instrwrtent. sets forth the entire conuvsA between the parfies. is binding upon a -ad
enures to die benefit ofthe parties hereto and their respective heirs, devisces, executors, administrators,
successors and assigns, and may be cancelled, modified or amended only by a written instrument
executed b -y both the SELLER and the BUYER. if two or.more persons are. named herein as BUYER.
tthek obligations hereur4cr shall bejoint and several. The captions ard marginal notes are used only as, a
matier or convenience and are not to be considered a part of this agreement orto be used il" determining
the intent or the parties to it�
28. LEADPAINNT The partie acknowledge that, under Massachus 1 0 ch I
.5 etis Jaw-, whenever a chid r ildrcr. under Six years off
LAW age resides in any residential promises in which any pairit, plaster or other accessible inaterial
dang-eroas levels of lead, the owner of sald premises must remove or cover said p9aint, plaster or odwr
material so as to make it inaccessible to children under six years of age.
29. SMOKEIAND NOT APPLICABLE
CARBON
MONOXIDE
DETECTORS
30. ADDITIONAL The initialed riders, ifany, attached hereto, are incorporated herein by reference
PROVISIONS Property is being sold "as !sr.
-See Addendum "A" attached and made apart hereto.
FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIORTO 1978, BUYER MUST ALSO HAVE SIGNED
LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION"
NOTICE'll-his is a 4al document that creates binding obligations. If not understood, consult an araorney
I
THE REMAINIDER OF THIS PAGE IS fNTENTIONALLY BLANK. THE IMNIEDIATELY FOLLOWING
PAGE IS THE SIGNATURE PAGE.
Buyer Se'lers
-I
4 .41
.4
-t�e �ld 1. iia. ir- Willia-iWiL-Mi"e-1vin. by Se" K. PIOA
dated August 7, 2014
Broker(s)
The time for the performance of tho foregoing agreement is extended upti 1: the
slill betngofihe essence of this agrcement as extended. In alimherrespects. f1iisag-memesiris herncbyrafifiedand-
confirmeel.
TH, s extensiai-L cxecuted in n-whiple. countMarts. 'is inwnded to take cffmt as a &=Jcd in-sh-ument.
Buyers
10
Seliers
Addendum "A" to
Purchase and Sale,�2reement
1, William E. Melvin, as the( -`SELLER") and 1. Gerald Brecher, or nominee entity to be
formed, as the ('BUYER") for the real estate located at 271 Stevens Street, North Andover,
Essex Coun�,T,,Massachusetts (the Tremiseg") a ree to the follow -Inc ternis in addh on to those
' 0 ti
set forth in the printed portion of this Purchase and Sale Agreement. In the event of a conflict
between this Exhibit and the printed rnatter.,as modified, of this agreement, the provisions of this
rider shall control.
i
I An the event this agreement contains any provision that the BUYER shailk accept the title
of the SELLER(S) subject to casements and restrictions of record, if any, then such acceptance
of title subject to easements and restrictions shall be limited to dWse of record, if any, insofar as
may be in force and effect which do not adversely affect the premises or the use thereof by the
BUYER as a single family residence and which have been dialy complied with ofrecord. without
limitation. And. if the said property currently has an outstanding Order of Condition,, the
SELLER shall obtain a Certificate of Compliance at or prior to the closing to release th-es.-aid
Order of Conditions of record related solely to the SELLER's premises, or a Release or e-6dence
of compliance, if necessary, for any federal, state, county, municipal, or any subdivision thereof,
requirement or condition of record in connection with the Premises,
I
ZI. At the time of delivery of the SELLEWS Deed, upon request of the attorney for the
BUYER or the attorney for t1w tender providing financing to the BUYER, i1rany, the SELLER
shall. obtain, execute and/or deliver such customary docurnents as may be reasonably required by
either of _4d attorneys to their satisfaction including, but riot limited to, certificates or affidavits
in regard to:
persons or parties in possession of the Premises,
(ii) faets or conditions which may give rise to mechan-ice or materialmen's fiens�,
(iii) the true purchase price of the Premises and whedier SELLER. has loaned or intends. to
loan BUYER any portion thereof-,
(W) the absence or degree. of presence of urea fori-naldehyde foarn insulation it, the Premises
to Seller's actual knowledge skrithout inspection or inquiry.
(V) the tax identificatdon numbers ol"SELLER for reporting income to the fcderad and state
taxing authorities; and
i'l the status of SELLER as a foreign or rion-forcign person or entity as defined in Section
1445 of the Internal Revenue Code. If said SELLER 1.10s to disclose status then the SELLER
shall agree to have an amoLmt equal to 10% of the gross amou n -t of the proceeds sent to. the
Internal Revenue Service, as required by the Foreign Investment in Real Property Act (the
T
"Act"). SELl_,ER does hereby forever release and discharge BUYER and BUYER's agenn, frorn
all liability resulting from, or arising cut of, BUYER's good faith compliance with the
mquirements of the Act.
I
0. It is understood and agreed by the parties that the Premises shall not be in confibrinity
with the title provisions of this Agreement unless -
Y
,A'
"i)
11 all buildings, structures and �nprovements, including but. not limae4 to any
driveways.. garages. and all means of access to the Premises, shall be located completely within
the boLuidary lines of the Prerniscs and shall not encroach upon or under the. property affany
other person or entity,
(ii) No building, structure. or improvement of any kind belonging to env other person
or entity shall encroach upon or under the Premises. -
(iii) The Premises shall abut or have access to a public way duly laid out and accepted
as such by the City or Town in which the Premises are located.
(iv) The Premises complies with the existing building and zoning Laws or is ex.e.alpt
ftom enforcement as a preexisting, non -conforming structure.
4. All refierences to the "dien current year" and like references with respect to real estate
taxes payable for the Premises shall be construed to mean the then current fiscal tax period
within which such taxes are payable, 1
5. The net proceeds due to the SELLER at the tim e for perfiormance ofthe Agreement shall
be delivered to the SELLER when the Deed from the SELLER to the BUYER has been duly
recorded, but in any event not later than six (6) business hours from time of performance. ally
such proceeds shall be paid as provided in the Agreement in the Paragraph entitled:
"PURCHASE PRICE". Flowever, the proceeds check. -nay be released to Seller's Attorney.. if
any, prior to recording of the deed, to be held in escrow until the deed is recorded. Further the
keys and possession of the premises shall be delivered to buyer simultaneous with releasl- of the
net proceeds to the Seller. In addition to what is stated in paragraph 3, the proceeds may he in
the form of an Attorney's JOLTA conveyancing account check,
6. This Agreement supersedes and cancels any mid all prior written and/or orai agreements
between the parties hereto in regard to the sale of the Premises.
7. The SELLER agrees to allow the BUYE-R.,his agents and/or designees to have reasonable
access to the Premises, including. access to the interior of the house located on the Premises (and
S ELLER wi I I provide the BU YER -Mth one key to the said house for such purposes) for tile
purpose of inspections and surveying, and for other purposes consistent with this Agreement,
includike, application to the Towrn of Nomh Andover Building Departrnent. and the various Land
Use Boards for purpose of obtaining approval to subdivide the lot into two buildable lots.
SELLER acknowledges that BUYER's efforts hereunder will require access to the Premises and
to thehouse located on the Premises. and therefore the SELLER hereby allows the BUY ER such
access and to make such visits without additional notice. BUYER will assume all respornsibilitcy
for his agents andlor designees while they are. on 'the Premises.
8. Notwit-h-S-tandint-1. an), other provisions of this.Agreement regarding the conditions of said
Premises, at the
time of Closing, The Premises shall be broom swept and clean and free of all SEI'LLER's (and/or
tenant's. ill�
applicable) possessions and debris (except for those items being conveyed with ffie Pretmises
as provided in this Agreement); all other areas of the Premises, including, without limitation,
Y J
basement, crawl spaces, under-porch/deck areas, shed(s), yards and garage, shall be delivered free:
of all excess/unusable building materials such as lumber, insulation, and the like, paints 'except
-match-Ing existing colors), solvents, chemicals, debris, waste and personal prope-i ty (except for
those items being conveyed with the Premises as provided in this Agreement)-, and all system&
including but not limited to electrical, plumbing, beating, air conditioning and ventilation
systems and all appliances shall be in the same condition at Closing, as they were on the date of
BUYER's inspection, reasonable wear and tear excepted. Seller further agrees to maintain the
premises until the closing. in the same condition as they are at pre.wnt, and as historically
maintained by SELLER during his owiership, reasonable w -ear and tear excepted, including
watering of t�e lawn. and shoveling snow from walk -way, stairs and/or driveway, if applicable.
9. . SELLER represents to the be-st of SELLER's knowledge and betielf, that:
(a) SELLER has complete and unencurn, bered ownership of all fixtures. fltti�rigs and
equipment located in the Premises.
(b) as of the date hereof. the SELLER has received no viritten notice from any municipal,
county, state or Ifederal agency asserting or alleging that the Premises are or may be in
violation of the provisions of any municipal, county, state or federal cDdes, ordinances,
statutes or rep
ulatiom relating to zoning, building, environmental or heafth matters:
(c) that at the time of the Closing, there will be no contracts, oral or in writing, involving the
Pr=iises which will be binding upon BUYER or affect the Premises in any manner,
(d) SELLER is not aware of any suits, actions, orders, decrees, claims. wriu, ir�unctions or
proceedings pending or threatened against the SELLER or affecting all or any part of the
Premises or the operation thereof before any court or administrative agency or officer
which, if adversely determined, would have material adverse effect upon the Premises;
10. Without limitation of any offier provisions of this A , said
I I greement
Premises shall not be considered to be in compliance vNith the provisions of this Agreement with
respect to title unless title to the Premises is insurable, for the benefit of the BUYER, by a
title insurance company reasonably acceptable to BUYER, in a fee owner's policy of title
insurance, at normal preinium. rates,, on the Amerim-1 Land Title Association form
currerittly in use, subject only to the exceptions permitted under Paragraph Four (4) of this
Agreement and those printed exceptions to title normally included in the 'Jackct" to such
fon-n or policy; and it is agreed that in the event' of a title matter -for which a title
insurance company is willing to issue a so-called "clean." policy or provide "affirmative
coverage' over a known defect or problem. BUYER mlay elect to accept same but shall
not be required to do so., and shall have the right, at the option of their counsel, to deern
title to the premises unacceptable or unmarketable and to terminate this Agreement
11. Notmithsta—ridine any other provision contained herein, in the event of an.v da,"nage to or
r-1 -
destruction of the property to the premises, or any smoke or fire damage- of any amount
prior to the closing date, when the damage
V
77
X
51
cannot be repaired prior to the closing date in compliance with Paragraph 9 (a) of the standard
agreement, the Seller shall notify the Buyer in writing, of the nature. and extent of the loss
within five (5) days of the loss, and the amount of any insurance proceeds avaflablt.
The Buyershall then have five (5) days to either:
(a) rescind the transaction and fully recover his deposit, or
(b) complete the transaction in accordance with this Agreement, in which case tile
Seller shall pay over and assign to the Buyer all amounts recovered ftorn
insurance unless the premises have been restored to their prior condition.
12. Between the date of the signing of this agreement and the closing the SELLER shall
maintain and/or service the Premises and its appumnances. at the same level of effort and
expense as the SELLER has maintained and/or serviced the Premises for the SELLEWs o wn
account prior to the date of this -Agreement.
13. At the Closing, SELLER shall assign to BUYER (non-recourse), if assignable at no
additional cost to SELLER, any and all service contract& warranties and/or guairantees, if any,
covering any and all systems, fixtures, equipment and appliances as well as those covering any
termite or other pest treatments in connection with the Premises. SELLER will also provide
BUYER., upon delivery of the deed and receipt of SELLER's proceeds, with a keys, automatic
garage door openers, if any, and with all manuals and other information in SELLEWs possession
and control regarding any and all systems, fixtures, equipment and appliances used in connection
with the Premises.
14. To the besti. of SELLER*s knowledge,, there are no underground storage tanks located on
the Premises and no articles or substances on the Premises which are toxic or hazardous ass same
is contemplated by MG1, Ch. 2'1 E. In the event that hazardous waste and/or material is
discovered on the premises, the cost to remediate such waste shall be paid by the SELLERv
after the first Five Thousand ($5,000.00,1 dollars. which Sul be paid by the BUYER.
SELLER represents that: (a) SELLER has complete and unencumbered ownership of a -H
fixture& fittings and equipment located in the Premises, and (b) there is no pending bankruptcy,
mortgage foreclosure, or other proceeding which might in any material way impact adversely
on SELLER's ability to perform under this Agreement.
15. BUYER warrants and represents to SELLER and SELLER represents and warrants to
BUYER thal: it has dealt with no broker or other person entitled to a broker's commission in
connection with the negotiation or execution of this Agreement or the consummation of the
transaction contemplated hereby except the Broker(s) listed herein and each agrees to hold
the other har rmess and indemnify the other against all damages, claims, losses and liabilities.
including legal fees, incurred by the other, arising out of or resultinge from the failure of its
representation and warranty. This provision shall survive the closing hereunder.
116,
SELLER represents and warrants to the BUYER that the property is not located within
a FEMA designated Flood Plain requiring Flood Insurance.
17. Any title or practice matter arising under or relating to this Agreement which is the subject
of a title or practice standard of the Real Estate Bar Association ("REBA") shall be governed by
said title or practice standard to the extent appHcable and to the extent such title or practice
standard does not contradict any expressed term or condition of this Agreement
18, Tlus Agreement may not be as -signed or recorded by the BUYER virithout the prior written
consent of the SELLER and any recordation by BUYER (including a meordke oil notice hereof),
or purported assignment by BUYER in violation of this paragraph shal-1 be considered a default
by BUYER under this Agreement, whereupon all deposits hereunder shall be paid to the
SELLER -with interest thereon and shafl become the SELLER's property and this Agreernewt
shall terminate without fialher recourse to the Parties hereto,
M The Parties acknowledge and agree that this Agreement may be signed in counterparts.
and for purposes of this Agreement, facsimile or electronically scanned signatures shall be
construed as original, provided however that no party shall avoid any obligation hereunder by
fai ling to provide such original signature. -
20. If this Agreement or any other provisions by way of reference incorporated herein shall
contain any term or provision which shall be invalid, then the remainder of the Agreement ar
other instrument by way of reference incorporated herein, as the case may be. shall not be
affected thereby and shall remain. valid and Mi: fiffl force and effect to the fullest extent, permitted
ky law.
21. By executing this Agreement, the BUYER and SELLER hereby grant to their anorneys
the actual authority to bind them for the sole, limited purpose of allowing them to cancel, grant
extension& modi6r or amend this Agreement in writing, and the BUYER and SELLER shall be
able to rely upon the signatures of said attorneys as binding unless they have actual knowledge
that the principals have disclaimed the authority granted hertdn to bind them. Furdier. for
purposes of this Agreement, email transmissions and/or facsimile signatures on such written
instruments shall be binding, provided however that no party- shall avoid any obligation
hereunder by failing to provide such original signature.
24. In the event that anv deadline or date for performance or providing notice contained herein
(including,
Without limitation, any contingencies or extensions of the *time for performance under this
Agreement), falls on a Saturday, Sunday or legal holiday, as the case ma--- be, such deadline
or other date shall be automatical1y extended to the irnmediately following business day.
25, Bofn BUYER and SELLER hereby acknowledge that they have been offered the opportuniny
to seek and confer with qualified legal counsel of their choice prior to signing this
Agreement.
26. This We is contingent on the BUYER receiving from the Town of North Andover the
approval to subdivide the lot in to two (2) buildable lots. Said lots shall be approved by all
land use boards in the Tovm of Nordi Andover from which BUYER. would have. to seek
approval, including, Zoning, Conservation, Planning and if necessary Board oil Health.
BUYER shall have six (6) months from the date of this Agreement to obtain all approvals
accessary to subdivide. In the event that the BUYER does not receive the approvals within
the six months, and has continued to use diligent, efforts to obtain sueb approvals, the
BUYTER MY extend this agreement for up to not more than thrre additional one (1) month
periods. If at any time the BUYER is denied approval by aky of the aforementioned boards,
the BUYER may terminate this agreement and all deposits shall be immediately returned to
the BUYER.
25, BUYER acknowledges that BUYER has been given the opportunity to conduct any and
all inspections of the Premises and any and all component parts thereolf, desired by the BUYER,
and that BUYER is fully satisfied with the results of same including the condition of the
premises. and accepts the Premises "as is". "where is" and "as Leen" as of the date of
inspection and is not relying upon aity representations of the SELLER or SELLER's agents as to
the character, quality, use, value� quantity or condition of the Premises except as expressly set
forth herein, The SELLER has made -no statements and no warranties or representations,
expressed or implied. regarding the Premises on which the BUYER has relied in connection Aith
the BUYER's decision to purchase the Premises. and it is the understanding of the Parties that
the entire Agreement of the Parties with respect to the transaction which is the subject of this
Agreement is fully and completely set forth in this Agreement This provision shall survive
delivery of the deed.
26. All of Seller's representations under this Agreement are to the Seller's actual knowledge,
and without conducting any independent investigation or inquiry and are not intended to imply or
create any obligation for the Seller to take additional actions or further inquiry with regard to any
topics contained within this Agreement. Furthermore, it is acknowledged and agreed by the
Parties that any such representations shall I not constitute a representation or warr-anty against the
existence of such conditions about which Seller has no knowledge.
A
'11516111�11 zl�- DATE:.
z
William Melvin, by Sean Melvin, POA Seller
Date:
er�14 L -kWer, Buyer
12
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I OWTI OT i\jorin Anaover, IVIA
Property Information
Property 210/095.0-0008-0000.0
ID
Location 271 STEVENS STREET
Owner MELVIN, WILLIAM E
V-07-2�'
0395.�O
............................
095.0-0008
............... --- -----------------
. ..........
........ ......
.............. ......................
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of North Andover, MA makes no claims and
no warranties, expressed or implied, concerning
the validity or accuracy of the GIS data presented
on this map.
1b, 2UIb
I
97-
Map Theme Legends
Land Conservation
', PRIME FARMLAND SOILS
D FEDERAL
0 STATE
0 COUNTY
0 PUBLIC NON-PROFIT
0 LAND TRUST
a CONSERVATION ORGANIZATION
c NON-PROFIT
• PRIVATE
• OTHER
0 U N KNOWN
EOEEA: MassGIS, USDA: NRCS, MA Dept of Agricultural Resources
�OtX,, �Arot�-- �/O, §-)55