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HomeMy WebLinkAboutMiscellaneous - 29 MILTON STREET 4/30/2018 (3)I ) �j k PC) (!) �Z'b co�- -To [A Ogg U r. cc CA cl C) 7uj Al K. UL NORTH;, AuG Received by Town Clerk: TOWN OF NORTH ANDOVER, MASSACHUSETTS .BOARD�OF APPEALS APPLICATION FOR RELIEF:�FROM TEE ZONING ORDINANCE Applicant J00" -j AAurJ405T- At"O CA,L. C 1&,-44 Address 10�5 M 10 0 1, &314 1- Srlgz� 7/ MA 0) 2 4:5 Tel. No. <,'?3 1. Application is hereby made - a) For a variance from the requirements of Section Paragrap1?'-1,3-,X"7--3 and Table a of the Zoning Bylaws.:' b) For a special Permit under Section Paragraph of the Zoning Bylaws. c As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered IDS A4 i Obt-e-5c—t Street.' b) Premises.affected are property with frontage on the North (-I) South East West side of #AA tDDL&S6-A Street. Street, and known as N o. I 0,1� A4 49 Street. c) Premises affected are in Zoning District and the premises affected have an area of 9FqQ square feet and frontage of '3'?. -4( f eet 5 of 8 Rev. 06.05.96 3 ownership: a) Name and address of owner (if joint ownership, give all names): MON" ME AjD CA )L- E Mu,,JR-0 1q3-1:, Previous Owner 10,4M: V1-r4,k-cAu4.rr Date of Purchase b) 1 If applicant is not owner, check his/her interest, in the premises: Prospective Purchaser Lessee Other. 2. Letter of authorization for'Variance/Special Permit required. 4. Size of proposed building: front; feet deep. - Height 2- tories; 2-2- feet. s A S,4 tP a) Approximate date of erection: b) Occupancy or use of each floor: I CA 9-- 4 1 df A,1600 T -a c) Type of construction: 5. Has there been a previous appeal, under zoning,, on these premises? AJO If so, when? 6. Description of relief sought on this petition Sjor 5,--r6,4ce, R --AL Feo"-7- SongAcx- . 5-rf-X-e-7- F94"rA46, LorDimevvsio" 4g�--A 7. Deed 'recorded in the Registry of Deeds in Book !380 Page z56 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) -7-s4,- 8q i,- D I s 1-4 01 S P -C -?A 140 f -,-'H -1-M& 000AL clFil). 4deL Ae-c- LA- A &L� -TO S6cfLiAc- /,Uc- AJ4-6,0 ADDi n0r,#,V- C;Ar-A6< SPAC6 7r:) S&c-1-0-6 77,JC V&041CLe--1. A,-10 /Vc-�10 5bDiTioe-jA4- SM4-Aege SPA --e.. Ide 4964,i6vd T14Ar -rme- R--P4.AC6-6,,JT- 4:TAXA4,C- /^-) 'n4c- SAM& L-ocqnw"'AS 1--v4d- CAAA4�-r L.Jii-L. o4AVe 71-46 L -e -A-57- IAAOAC--- TI -44- o�UoJAC&r-7- ^J6-iCA4 60AA�JD &A4AA4We- TM6- A10j0-6-AAA,-re-e, I agree to pay the filing fee, advertising in newspaper, and. in,,��ental �1��penses* Signature c�f Petitioher(s) 6 of 8 'Rev. 06.05.96 DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 60 P -T r—,z Street Frontage /00 qq,-41 r Front Setback pr Side Setback(s) r.T 3.2 - Rear Setback -3 2- F Special Permit Request: 7 of 8 Rev 06.03.96 LIST OF PARTIES OF INTEREST PAGE I PF 2 1 SUBJECT PROPERTY MAP PARCEL NAME IAOCRESS 34 jog" i Mu"o, AjAJl- E- Mvmp-, i s7- ow -4 o,21(f ABUTTERS MAP PARCEL NAME ;AOORESS 0 C -m -i t -S L C,"Llm /DcooT,,4-i P� Quoule.4_ 19 A4 I 1__-m ti- A-oovc4 m A OLT JA.&S W be -A OD6,t j Iva AAA 6 1 zc(� -31 31 30 3 2- MAP-,( AA (244cjAaw I'V6Z.NICA -F,4,,wtv--r -3 A4'i L -To o 9-;- 1 111. A, J Ll ---A IA461-,f4.y^j C*- 1-,ceAep,-ur Sr tio A"Dov,--k mA t,� 4,ip,,vu- mA o i SYS. o 1 -3 Y"� /Jo 4r-bova- MA 0 f Zo 22- BP-fAj A A/& I LL I F114 M AJZ lu- J. 7- 2- M !�r M. A,�Do J&&- m A le, co E- CA e -P iiq &A,.Dol s -r �,Jo AN bo a - m A elk - 20 JtJLQV5R--Pl--ta-, IA�Vy C- P.,-P-oq lo4 m , s- Mo A".Pova_. M A 2,0 ju� 1 05 �- P,&"< IMAI-1 C -Pt'.4"q M000t-e-se-vc- S7- /,,Io At�jDova-L mk w Z(O M,44-( E- bmv -S AJO CERTIFIED BYIAt,� ASSESSOR'S OFFICE Rev. 06.05.96 DATE 0 Ul a Any appeal shall be filed within (20) days after the date of filling of this Notice in the office of the Town Clerk. rk 0 R E IV A JOYCE Too CLE't',K 0;0 NORTH ANDOVER TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Property: 105 Middlesex St. NAME: John J. & Gail E. Munro DATE: 9/9-498 STREET: 105 Middlesex St. PETITION: 037-98 North Andover, MA 01845 HEARING: 9/8198 SCp I � 1 17 AM '58 The Board of Appeals held a regular meeting on Tuesday evening, September 8 1998, upon the application of John J. & Gail E. Munro, 105 Middlesex. St... North Andover, MA., requesting a Variance from the requirements of Section 7, paragraph 7.1�f­7.2, & 7.3, for relief of lot area, street frontage, front setback, side setback, and rear setback, and for a Special Permit from the requirements of Section 9, paragraph 9.2, to allow the construction of a garage, on a non -conforming lot, in the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, and Scoff Karpinski. The hearing was advertised in the Lawrence Tribune on 8/25/98 & 9/1/98 and all abutters were notified by regular mail. Upon a motion made by Scott Karpinski and seconded Walter Soule, the Board of Appeals voted to GRANT a Variance for relief of lot area of 3,610. ft., relief of street frontage of 0.29 ft., relief of front setback of 7.9 ft., relief of side setback of 11.8 ft., relief of rear setback of 27 ft., and to GRANT a Special Permit from the requirements of Section 9, paragraph 9.2 to construct a garage 24'x 24', with the condition that the proposed 2 nd floor garage area be used only as storage and not to be used as living space and that no utilities other than electricity be allowed in the garage area, and with the condition that the existing garage be removed, in accordance with the plan of land dated 8/4/98 and prepared by S.E. Cummings Assoc. Inc., P.C. Box 1337, Plaistow, N.H. 03865. Voting in favor: William J. Sullivan, Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of the variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. Boaro,of Ap �u,&, Ptit— William J. S Ilivan, Chairman Zoning Boa d of Appeals /decoct6 The Minutes of the Meeting: September 8, 1998 Zoning Board of Appeals Senior Center 120R Main St. North Andover, MA 0 1845 R I G I N A. U, The Board of Appeals held a regular meeting on Tuesday evening, September 8, 1998 in the Senior Center at 7:30PM, The following members were present: William J. Sullivan, Chairman; Walter F, Soule, Vice Chairman; Raymond Vivenzio, John Pallone, Ellen McIntyre, and George Earley. Robert Scott Karpinski and Robert Ford arrived later in the evening. Chairman Sullivan explained the procedure of the hearing to the public assembly: Continued Public Hearing: MPG Realty Corp.. Dale St., Map 37B, Lot #1, Dale (Berrington Place) Chairman Sullivan was in receipt of a fax/letter from MPG Realty to withdraw without prejudice and read the fax to the public assembly. Upon hearing of this matter, Timothy Ippolito spoke to the Board and said that he was aware that the Planning Board allowed MPG to withdraw without prejudice at their last meeting, why did.MPG take so long to request the same from the ZBA tonight? I -hs objection was that he was representing an abutter, Maria Dowd, and that they were told that MPG Realty was on the agenda to be heard this evening. Chairman Sullivan explained that the fax from MPG Realty was received in the office at the very last minute and that there was no time allowed to advise any abutters of MPG's intention, and that the Board had to comply with the bylaws accordingly. Upon a motion made by Walter F. Soule, and 2 d by John Pallone the Board voted to allow the petitioner to withdraw without prejudice. Voting in favor: WFS/RV/JP/ENVGE. Continued Public Hearing: Donna Whipple 37 Columbia Rd. The petitioner is currently being represented by Atty. Dom Scalise who previously submitted a letter on behalf of his client Donna Whipple. Walter Soule read the letter from the Whipple's to the Board, asking for a continuance until the October 13, 1998 meeting, (letter for the record). Upon a motion made by Walter Soule, and 2d by John Pallone the Board voted to allow a continuance until the Oct. 13 1998 meeting, voting in favor: WFS/JP/ENVKP. Abstain from voting: Raymond Vivenzio, and George Earley. Continued Public Hearin : James J. Nassar d1b/a/ 478 Chickeiing Rd. Mr. Nassar is a party aggrieved of the building inspector's determination for Sal's Pizza, 490 Main St. N. Andover. Raymond Viverizio read the legal notice as it was not read at the previous ZBA meeting. Chairman Sullivan asked who was present to represent the petitioner. Atty. Specher was present to do so. Atty. Speicher passed out one copy of his paper work with backup information relative to the points he wishes to base his application to the Board. (Board members who are present are as follows: WJS/WFS/RV/JP/EM.) Atty. Speicher made his presentation stating that the site plans called for a one story building, and now 490 Main St., appears to be a two story building. (Scott Karpinski is now present 7:45PM). The description that Atty. Speicher gave of the property at 490 Main St. is as follows: The over hang is 5 feet wide and contains a dormer. The building is 12 feet high from the over hang to the top of the dornier. Atty. Speicher stated that the Planning Board approved one set of plans and some thing -else was actually built. The side setbacks are also a problem because the building is within 2 Yz feet of the property line. There are steps now which are not on the plot plan. The Building code states that an eave(s) should be no more than 3 feet wide, the eave(s) that are now present are 5 feet wide. The parking issue doubled from what is originally requested. Chairman Sullivan asked about how much square footage is requested for parking? Chairman Sullivan and Atty. Speicher discussed how the parking spaces was determined as according to how many seats (customer seats) were allocated.' Chairman Sullivan asked if anyone was present to speak in favor of this petition, no-one was present to do so. Raymond Vivenzio read a letter from Kathleen Bradley Colwell regarding 490 Main St. (for the record). Chairman Sullivan discussed the plan with the Board and with Atty. Speicher, and Sal Lupoli (owner of Sal's Pizza) was present to discuss the plan. Chairman Sullivan asked if Sal Lupoli would like to speak on his own behalf. Mr. Lupoli said that his intention was to create the look of a 2d story building only, he assured the Board that there is no 2d floor on the building, the dormers are phbny and there are no stairs leading to a 2"d story. Mr. Lupoli said that he did not exceed the foot print and did not vary from the plan submitted for approval. He went on to explain that he was not aware that the electric company put a pole with a wire going to Mr. Nassar's property. He removed a set of doors only, therefore, this is the same plan and no o ther changes had been made. Chairman Sullivan asked Mr. Napoli to submit a plan to the Planning Board showing the stairs have been revised and to do so ASAP. A rebuttal was made by Atty. Speicher stating that the building code is clear and the building in question does not comply to the code, it's too big and it exceeds what is allowed, however,. the over hang was not even on the plan to begin with. Upon a motion made by Raymond Vivenzio and 2d by John Pallone the Board ofappeals unanimously voted to uphold the Building Commissioner's decision and deny the petition of the party aggrieved based on the following: There is insufficient evident of any violations: 1. The building is a one story as constructed with a mansard roof, including false dormers, for esthetic purposes, to enclose the mechanical equipment, and as such is not in violation. This fact was verified by the Town Planner, by a site visit, on September 7, 1998. 2. Eave(s) are covered by Section 7.3 of the North Andover Bylaw, under yard setbacks and the mansard roof as constructed is not in violation. 3. The change, in stairwell foundation, adjacent to petitioner's property line was authorized by Town Planner as a minor adjustment to site plan review process, and as such is not aviolation. 4.. The roof eave(s), referred to in his brief by the petitioner's agent (State Building Code) Chapter 12, Section 13.4) does not apply. State Building Code, Chapter 12 pertains to interior environment -courtyards both inner or outer. 5. The roof eave(s), referred to in his brief by petitioner's agent (State Building Code, Chapter 32, Section 03.3) does not apply. State Building Code, Chapter 32 -pertains to public right of way. This section .03.3 is for eave(s) at least 12 feet above the curb level over a public right of way. The building as constructed has a side wall height of 10 feet, 4 inches on private property. This building is not on the property line and as such does not overlap a public right of way and is not a violation. Voting in favor of the denial: WJS/WFS/RV/JP/EM. Under Advisement: Paul & Margaret Plisinski 505 Forest St. (Raymond Vivenzio and John Pallone did not sit on this petition). 12 The Plisinski 's are requesting a variance, and as the petition is under advisement there can be no further evidence presented tonight. The Board has agreed to bring in a vote at tonight's meeting. Chairman Sullivan explained that he visited the area in question and viewed the wetlands. The Board discussed the petitio ' n relative to the request for a variance. Upon a motion made by Walter F.. Soule and seconded by Robert Ford, the Board of Appeals unanimously voted to grant a variance of 61.24 feet of frontage on Forest St., for Lot #1 as shown on proposed subdivision sketch by Applewood Survey Company, dated June 3, 1998 for the following: 1 . That the total existing lot of 5.15 acres is shaped oddly in that frontage on Forest Street equals 288.76 feet and that rear lot line equals 607.51 feet. 2. That a wetland existing of 72,862 sq. ft. (1.67 acres) is across the two lots, 3. The issuing of this variance is not more detrimental than presently existing. 4. That only one single family residence may be built in the uplands area of Lot #2. 5. That any access to Lot #2, as shown on proposed subdivision sketch by Applewood Survey Company dated June 3, 1998, to utilize upland access to this Lot #2 shall be over adjacent parcel of land Lot #1 by easement, covenent, or common driveway, to avoid filling of wetlands, as shown on above reference drawing. (Reference Michael Howard's, North Andover Conservation Administrator, memo to Zoning Board of Appeal dated July 1, 1998). Voting in favor: WJS/VvTS/RF/ENVGE. Continued Public Hearing: Maureen I Joyce 94 Main St. for premises at: 357 Rea St Attorney Joyce was present to represent his client (Mrs. Joyce) and himself. Atty. Joyce presented a plan to show the girth of the lots located on 357 Rea St. He also submitted a letter to the Board to show the way lot #1 and # 2 are divided and backed up this information with a plan of land revised and dated 8/19/98 (for the record). There was further discussion between Atty. Joyce and the Board relative to the request for a variance and Chairman Sullivan advised Atty. Joyce to go to the Planning Board first and suggested that he and the Planning Board agree to allow Atty. Joyce to put in a culdasac instead of dividing up the land the way Atty. Joyce requested to do so. Atty. Joyce said that he did not agree with this suggestion. Robert Ford asked Atty. Joyce for more clarification regarding the variance request from section 7.2.2, and asked why he didn't ask for a straight variance from section 7.2 instead. Chairman Sullivan asked if anyone was present in opposition. Mrs. Fay Averka, Abbott Street abutter, spoke in objection because of a wetlands problem she feels is affecting her property as it abuts Atty. Joyces' property. Mrs. Averka went on to say that she understood that an original decision was made years ago allowing Atty. Joyce to build only one house and she objects to his request to build two houses and a common road Mrs. Averka also objects to the request to build a common road because it would be too narrow and would not work out. Joe Averka spoke of a legal notice and decision made when Frank Serio was on the ZBA Board approximately 14 years ago. Chairman Sullivan addressed the Averka's concerns relative to this matter. At this point, Atty. Joyce asked for the time constraints to be waived to allow some issues to be addressed in time for the next ZBA meeting. Arty. Joyce also suggested that his petition would be only one of many more to come in front of the various Boards in town and that because of this he would like the Planning Board and Conservation Board to talk and discuss this particular type of issue. Robert Ford made a motion to direct the Chairman of the Board to meet with the Planning and Conservation Board to discuss the issue of the proper procedure with regard to Rea Street and more generally with provision 7.2.2 of the bylaw and to continue the hearing until next month, 2nd by John Pallone voting in favor: WFS/RV/RF/JP (William J. Sullivan abstained from voting). (At this point Raymond Vivenzio and George Earley left the meeting for the evening). 3. Public Hearing: Robert & Theresa Losco 32 Rosedale Ave. Robert Ford read the legal notice. Robert & Theresa Losco are requesting a variance from the requirements of section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback and rear setback and for a Special Permit from the requirements of section 9, P 9.2 to construct a 2d floor level above the existing level for the addition of 3 bedrooms and a bath on a non -conforming lot. Chairman Sullivan asked who was present to represent the petitioner. Robert Losco was present to represent himself tonight. Theresa Losco spoke in favor of this petition. Chairman Sullivan asked if anyone was present in opposition, no one was present. Chairman Sullivan visited the site and all of the homes along Mr. Losco's street/area all have 2 nd floors on their homes as the square footage would be allowable to do so. The Board reviewed Mr. Losco's plans and agreed that the square footage was in order. Chairman Sullivan suggested that the Board grant the variance and special permit request tonight. Upon a motion made by Walter F. Soule and seconded by John Pallone, the Board of Appeals voted to grant a variance requested from thd requirements of section 7, P 7.1, 7.2 & 7.3 for relief of lot area of 15,568 foot, street frontage of 50 feet, front setback of 1 foot, right side setback of 10 feet, house side setback of 4 feet and rear side setback of 4 feet and to grant a Special Permit from the requirements of section 9, P 9.2 to allow the construction of a second floor level above the existing level for an addition of 3 bedrooms and a bath, on a non -conforming lot, with the condition that the existing garage be removed, in accordance with the plan of land dated 8M98, and prepared by Scott L. Giles, Registered Land Surveyor. Voting in favor: WJS/WFS/RF/JP/EM. Public Hearing: John I & Gail E. Munro 105 Middlesex St. Robert Ford read the legal notice. John & Gail Munro are requesting a variance from the requirements of section 7, P 7.1, 7.2, 7.3 for relief of lot area, street frontage, front setback, side setback and rear setback and for a Special Permit from the requirements of section 9, P 9.2 to construct a garage on a non- confornuing lot. Chairman Sullivan asked who was present to represent the petitioner. John Munro was present to speak on his own behalf. He explained why he wanted to construct a garage and what his hardship was relative to the request. Chairman Sullivan asked if anyone was present in favor of the petition. Julius Pierog, Middlesex St. spoke in favor of the petition. Chairman Sullivan asked if anyone was present in opposition, no one was present to do so. Mr. Munro discussed the plan with the Board and Walter Soule asked what Mr. Munro's intent was toward the stairs and also what would become of the pre-existing non-conforn-ting structure. These issue would be addressed within the wording of the decision. Upon a motion made by Scott Karpinski and 2nd by Walter F. Soule, the Board of appeals voted to grant a variance for relief of lot area of 3,6 10 feet, relief of street frontage of 0. 2 9 feet, relief of front setback of 7.9 feet relief of side setback of I L 8 feet, relief of rear setback of 27 feet, and to grant a Special Permit from the requirements of section 9, P 9.2 to construct a garage 24' x 24' with the condition that the proposed 2 d floor garage area be used only as storage and not to be used as living space and that no utilities other than electricity be allowed in the garage area, and with the condition that the existing garage be removed, in accordance with the plan of land dated 8/5/98 and prepared by S.E. Cummings Assoc, Inc., P.O. Box 1337, Plaistow, N.H. 03865. Voting in favor: WJS/WFS/RF/JP/SK. Upon a motion made by Walter F. Soule and 2d by Robert Ford the Board voted to adjourn the meeting at 10:05PM. M/septmtg -6, rr, ZM rr rr. r- t 9i rr rr. 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BOX 1337 PLAISrOW, N.H. 03865 rELEP110NE (803)-382-5065 FAX (603)-282-5216 TAX MAP JI LOT J4 .8,890 S.F. 1- 0.20 Ai 00 OD EXIS TNG 2 112 S TO WOOD FRAMED DWELLING 99.71 0 ("'y 44 e -- � p' -s -'s �- L) 'r- /-v -1 9' ;Pet 42' /Z 100. 2' (P) VW4 ?9.807c-)- - - �EXISRNG GARAGE FOUNDA T70N 100.16 MIDDLESEX 1998 SCALE 1 40' DA DFCjEMBER 28, 1998 1�il-'/ HERE6 Y CER TIF Y TO TO AN OF NOR TH ANDOVER, MASSACHUSETTS BUILDING DEPA R TREN T THA T THE EVS TING GA RA GE FOUNDA TION DRA AN ON THIS PL AN /S � OCA TED AS SHOWN. 3.5' STREET OF ;AL 8 :EMWFR7rTr T��'� TRUDEL No. 36M / � OWNER OF RECORD: JOHN J. & GAIL E. MUNRO 105 MIDDLESEX STTEET NORTH ANDOVER, MA 07845 774E PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT MINIMUM SE TBA CKS. FRONT — 30 FEET SIDE 15 FEET REAR 30 FEET 764-CPP.DWG Aw —AAL h!Fe ,-Va T- dAi4t-c t -746 a2ZwoC >14 Z2 ))kt At, C444tia axe 4P L d. O*W& r YA K Q� N,14rls� "to ve SSAC TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 4, 1999 To: Building Commissioner, Mr. Robert NicettaAk From: Mr. William Sullivan, Chairman Zoning Board of Appeals In order to create harmony in a Middlesex -Milton Street neighborhood the Zoning Board of Appeals requested a meeting of the principals. On December 31, 1998 a discussion was held in the conference room at the Community Development Center on Charles Street to address a garage structure authorized by Petition 037-98 on September 14, 1998. Those in attendance were Mr. John Munro and his wife,( the Petitioners of Subject Item), M�. Michael O'Connor,(an abutter who objected to the height of the str-ucture), Chairman William Sullivan and Vice Chairman Walter F. Soule. This meeting was the result of an As -Built Plan Submitted to the Building Department in Mid - December showing a violation of a garage structure of approximately 5 inches set back, at rear lot line, from the authorized set -back of Petition 037-98, as approved previously by the Appeals Board. Mr. Munro explained in detail that he did everything according to procedure in July and August 1998, well before the Public Hearing, by speaking to many neighbors including Mr. O'Connor about the garage structure. There were no objections at that time. Legal Plans and pictorials were available at the Zoning Board of Appeals Office and all Legal Notices were properly sent to the abutters. Mr. Munro and his wife stated that they want to be good neighbors. Mr. Munro further explained the high cost of the garage($35,000)and the extra charge to alter the structure($ 5000). He also noted that a building was placed on the rear -lot line of Mr. O'Connor's property since September 1998. He was not complaining about this' building but due to Mr. O'Connor's complaints to him of broken windows and the door of this building not functioning, since garage construction began, he authorize his builder, Kevin Murphy, to correct the shed problems and to bill him(Mr. Munro). He further stated that he would place, plant trees, or other plantings including but not limited to, trellis and roses, window boxes with flowers on the back upper story windows of the garage or anything to enhance beauty of the rear of the garage structure as viewed from the neighbors and Mr. O'Connor's property. RECEIVED JAN 0,9 1999 W Mr. Sullivan asked Mr. O'Connor to state his position with regard to the structure. Mr. O'Connor stated he wants harmony in the neighborhood too. Mr. O'Connor was originally told by Mr. Munro, of the two stall garage in July, but insisted that he was not told it was a two story structure until he saw it being constructed in mid-Decemberil998. His position is that the height of the structure changes the look of his backyard and will shield the sunlight. His wife is very upset and was crying most of the time about this issue. He has surveyed the neighborhood recently and found others who support his position. Mr. Sullivan asked Mr. O'Connor if he would share in the cost of modifying the structure. His response was negative. Mr. O'Connor acknowledged receiving the Legal Notice, but chose not to attend the Zoning Board of Appeals Public Hearing in September. He -thought it 'was to be the same height as other garages in the neighborhood. Mr. Sullivan noted that neither party was flexible at this time and as such the following options would be required to resolve : 1. The builder, Kevin Murphy, could properly replace the back wall of the garage entirely, including the complete foundation, in order to meet the Zoning Board of Appeals set back authorization of Petition 037-98, and furthermore only if he could satisf� the Building Commissioner, Mr. Nicetta's requirements and that the North Andover Building Code would not be violated. 2. Munro's re- petition of the Zoning Board of Appeals allowing a modification to grant rear setback relief in accordance with the original "As -Built" Plan submitted to Building Inspector. Mr. O'Connor was informed that he could seek relief through the Judicial Court System.* * All parties present were also reminded that the 20 day normal appeal period after the Public Hearing was held in September 1998, for the Zoning Board of Appeals Decision Process, had ex #0-vith no interest being shown. pi Please advise the ZBA which option is to be incorporated. Page 2 of 2 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 4, 1999 To: Building Commissioner, Mr. Robert NicettaA From: Mr. William Sullivan, Chairman Zoning Board of Appeals In order to create harmony in a Middlesex -Milton Street neighborhood the Zoning Board of Appeals requested a meeting of the principals. On December 31, 1998 a discussion was held in the conference room at the Community Development Center on Charles Street to address a garage structure authorized by Petition 037-98 on September 14, 1998. Those in attendance were Mr. John Munro and his wife,( the Petitioners of Subject Item), Mr. Michael O'Connor,(an abutter who objected to the height of the structure), Chairman William Sullivan and Vice Chairman Walter F. Soule. This meeting was the result of an As -Built Plan Submitted to the Building Department in Mid - December showing a violation of a garage structure of approximately 5 inches set back, at rear lot line, from the authorized set -back of Petition 037-98, as approved previously by the Appeals Board. Mr. Munro explained in detail that he did everything according to procedure in July and August 1998, well before the Public Hearing, by speaking to many neighbors including Mr. O'Connor about the garage structure. There were no objections at that time. Legal Plans and pictorials were available at the Zoning Board of Appeals Office and all Legal Notices were properly sent to the abutters. Mr. Munro and his wife stated that they want to be good neighbors. Mr. Munro further explained the high cost of the garage($35,000)and the extra charge to alter the structure($ 5000). He also noted that a building was placed on the rear -lot line of Mr. O'Connor's property since September 1998. He was not complaining about this" building but due to Mr. O'Connor's complaints to him of broken windows and the door of this building not functioning, since garage construction began, he authorize his builder, Kevin Murphy, to correct the shed problems and to bill him(Mr. Munro). He further stated that he would place, plant trees, or other plantings inc luding but not limited to, trellis and roses, window boxes with flowers on the back upper story windows of the garage or anything to enhance beauty of the rear of the garage structure as viewed from the neighbors and Mr. O'Connor's property. RECEIVED JAN 0,9 1999 Mr. Sullivan asked Mr. O'Connor to state his position with regard to the structure. Mr. O'Connor stated he wants harmony in the neighborhood too. Mr. O'Connor was originally told by Mr. Munro, of the two stall garage in T ly but insisted that he was not told it was a two story structure until he saw it being constructed in mid-Decemberi 1998. His position is that the height of the structure changes the look of his backyard and will shield the sunlight. His wife is very upset and was crying most of the time about this issue. He has surveyed the neighborhood recently and found others who support his position. Mr. Sullivan asked Mr. O'Connor if he would share in the cost of modifying the structure. His response was negative. Mr. O'Connor acknowledged receiving the Legal Notice, but chose not to attend the Zoning Board of Appeals Public Hearing in September. He thought it was to be the same height as other garages in the neighborhood. Mr. Sullivan noted that neither party was flexible at this time and as such the following options would be required to resolve : 1. The builder, Kevin Murphy, could properly replace the back wall of the garage entirely, including the complete foundation, in order to meet the Zoning Board of Appeals set back authorization of Petition 037,98, and furthermore only if he could satisf� the Building Commissioner, Mr. Nicetta's requirements and that the North Andover Building Code would not be violated. 2. Munro's re- petition of the Zoning Board of Appeals allowing a modification to grant rear setback relief in accordance with the original "As -Built" Plan submitted to Building Inspector. Mr.O'Connor was informed that he could seek relief through the Judicial Court System.* * All parties present were also reminded that the 20 day normal appeal period after the Public Hearing was held in September 1998, for the Zoning Board of Appeals Decision Process, had ex' 44-6vinth no interest being shown. p Please advise the ZBA which option is to be incorporated. Page 2 of 2 JF4t'4-0E,-19'-:39 14-'05 HRTP THE CITY op NEw YORk DEPARTMENT OF HEALT�,I. Rudolph W. Giuliani Neal L. Cohen. m.D. FEB I 08 Mayor, Commisstomor FACSIMILP- TRANSMITTAL SHEET TOi FROM: OCUPANY: DATE: ? "IAA , 6 PAX N7,WB U R: x4o(or PAOUINCLUDING COVES! (/0 9s— rz., '27" PHONE N'LUDER: sErrDEP S 7TLEPI-� NWBER.. ell (212) 442-3380 RE.- SEYMER'S FAX 1,MURER: (212)442 -3535 ENT 0 Fop, PP-Vlp-w PLEA$P, COMMENT _�PLEASE REPLY 1:1 PLEASE RECYCLE Z-Ef-U-p---r- .0, NOTES/Commews! 16 NEW YORK CITY DEPARTMENT OF HEALTH KEALTH RESEARCH TRAINING PROGRAM 346 BROADWAY, ROOM 7Q7A, CN -65 NRIWYORK NY 10013 P. 131 k 01/06/99 14:45 TX/RX NO.3295 P.001 m JAN -06-1999 14 -'OG HRTP P. J-712 VLM. Tannert Niang, M.P.H. 341 East 6th Street, 4A, New Vork, NY 10003 + (212) 673-0089 January 6, 1999 Mr. William J. Sullivan Chairman, Board of Appeals Town Hall 120 Main Strcet North Andover-, MA 0 1845 Re: Recent construction on Monr<N-- proaall.y--tha-t-b-orders 35 Milton Street Dear Mr, Sullivan: I am writing in support of the concerns of my aunt, Mrs. Mary Church, and my mother, Mrs. Veronica Tannert, who axe the owners and residents of 35 Milton Strect, with regard to the recent construction of a large building on the adjacent Monroe property. I am also forwarding this letter to your attention as a future resident of North Andover as I stand to inherit the property at 35 Milton Street. Members of my family have lived in North A.ndovor since the end of the Civil War and members of my family have owned the prop erty of 3 5 Milton Street since 1924, As a result, I am very well acquainted with the immediate neighborhood arid the nature and history of the community at large. As you are aware, the recent construction of a very large building, purported to be a garage and storage area, on the Monroe property has sharply degraded tht, integrity and character of a historic neighborhood that speaks volumes for the development and settlement of North Andover early in this century. All of these homes, including the, Morixoe's, were well -spaced and apportioned, to accommodate the needs of large families who could not afford large, plots of land and/or who werc transitioning from a farming economy to IndustT.y. A large house with a one- story garage or shed in the back yard was the limit of the permanent structures these tiny plots of land were intendcd -to support. This plan has served the families of the immediate neighborhood for most of this century, allowing sufficicrit space for privacy and, at the same time, cultivating the development of positive community relations and ideiatlty. I am sure. you understand how space, or the lack of it, influences the social functioning and welfare of a neighborhood. 13eyond the immediate issues of physical appearance, crowding and neighborhood/social identity, there aT-e other concems that require redress. First, Mrs- Church and Mrs. Tannert are elderly and unable to travel at night. Although informed of a meeting to discuss plans for the Monroe building in early September, that meeting was arranged for the evening, after dark, and without sufficient notificatior.t.tJor either my aunt ormother to inake arrangements to attend. Noparty advised my relatives of alternative means of communicating their interests or assisted them, in navigatin,g, these formal procedures. They were entitled to receive complete information and an opportunity to offer their consent or disapproval which they did not get. There was no outreach TOTAL P.02 01/06/99 14:45 TX/RX NO.3295 P.002 E JAN -06-1999 14:09 HRTP P. 0-11 W1, Willia32, Sullivan. Vage 2. to them, In my view, these wonderful and interested women have been discriminated against, Based on discussions with ray family and neighbors, I believe the Town was trusted to review construction plans and order modifications to the structure if needed. However, the building that has recently been erected differs in size and placement fron", the proposal and has defied everyone's understanding and expectations. Is it possible that intentions for this building and its specifications were not thoroughly presented to the Town in the first place? The building is two and a half stories high, with a staircase, high ceilings, picture windows and electricity. Is tills 21t rentable apartment? is it an office or studio? It is the size of a house, Placed too near the O'Connor's property lines, and distinctly out of place on a po8tagpe-starnp parcel of land, Zoning laws are a crucial aspect of fire management in a conimunity. Bi:dldings crowded too closely together create an environment for fire to spread more rapidly and may reduce access of the Fire Department to residents in an emergency. The building on the Monroe property also tl I orth establishes precedent for the constructioil of similar buildings tl.ITOUghout ie district. N Andover's population has exploded over the past decade and the trend toward the establishment of a more densely constructed community will ultimately challenge the Town's limited resources. Finally, the building on the Monxoe property has raised serious concerns about the value of adjacent properties. As time has advanced, the properties have increased in value, but this new building, by crowding the eriviromnent., will make all of these properties less desirable, if placed on the inarket at any point in the future. These homes are essential capital and the future well- being of all of the involved families will depend on maintaining the fair market value of their homes and properties. On thesepoints-1 have offered my understanding and experience of the comni'anity. I hope that for the benefit of my relatives and their neighbors that there will be an open meeting before the Board of Selectmen to discuss all of the relevant facts pertaining to the construction of the Monroe building. I also hope that a decision will be made to modify structure to preserve the safety, security, privacy, appearances and financial value of the adjacent properties. To accomplisi-I less would be unjust. I look forward to your response. Sincerely, CC,. Keith Mitchell, Esq. TOTAL P.01 01/06/99 14:50 TX/RX NO.3297 P.001 M Town of North Andover OFECE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Streef North Andover, Massachusetts 0 1845 WILLLAM J. SCOTT Director (978) 688-9531 January 12, 1999 John J. & Gail E. Munro 105 Middlesex Street North Andover MA 01W Re: ZBA Petition 037-98 Dear Mr. & Mrs. Munro: 0 Fax (978) 688-9542 The certified plot plan dated January 7, 1999 as submitted by your builder indicates that the rear wall of the structure is in violation of the referred petition. The rear wall has been reconstructed vAthout permission of the Building Department and now has a "jog" of approximately, .45 feet. It is recommended that you file a new application with the Zoning Board of Appeals (ZBA) requesting a modification of the original variance. The Stop Work Order posted on the building is to remain in effect pending the ZBA decision and is to be removed only by the Building Department. If you have any questions please call me at 978-688-9545. Very truly yours, D. Robert Nicetta, Building Commissioner DRN/j cc: Robert J. Halpin Town Manager Keith Mitchell, Chairman BOS John Leeman, BOS William J. Sullivan, Chairman ZBA Joseph Mahoney, ESQ Michael P. O'Connor William J. Scott, Director CD&S BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVAT70N 688-9530 HEALTH 688-9540 PLANNING 688-9535 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Atty Joseph V. Mahoney 127 Turnpike Street North Andover, MA 01845 January 19, 1999 I received your correspondence of January 14, 1999 regarding 105 Middlesex Street, Petition 037-98 of the Board of Appeals. On December 31, 1998, a conference was held at the Community Development Office on Charles Street, with Mr. & Mrs. Munro, Mr. O'Connor, Walter Soule and myself to try and negotiate a solution to the neighborhood dispute. Neither party was flexible. Correspondence of this December 3 1, 1999 discussion, was sent to the North Andover Zoning Enforcement Officer, Robert Nicetta for his action. A copy of that memo is attached. William I Sullivan Chairman Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Atty Joseph V. Mahoney 127 Turnpike Street North Andover, MA 0 1845 January 19, 1999 I received your correspondence of January 14, 1999 regarding 105 Middlesex Street, Petition 037-98 of the Board of Appeals. On December 31, 1998, a conference was held at the Community Development Office on Charles Street, with Mr. & Mrs. Munro, Mr. O'Connor, Walter Soule and myself to try and negotiate a solution to the neighborhood dispute. Neither party was flexible. Correspondence of this December 31, 1999 discussion, was sent to the North Andover Zoning Enforcement Officer, Robert Nicetta for his action. A copy of that memo is attached. William I Sullivan Chairman Board of Appeals URBELis, FiELDsTEEL & BAILIN, LLP FEB I 155 FEDERAL STREET Andover Office 26 C Street BOSTON, MAssAmusmrs 02110-1727 - -hestnut Andover, MA 0 1816-3600 Tel 9 .4754552 _�ph�v� 78 THomAs J. URBELIS E-MArL: tju@ufb.com D. Robert Nicetta Building Commissioner 27 Charles Street North Andover, MA 0 1845 Telephone 617-338-2200 Telecopier 617-338-0122 January 26, 1999 Re: John and Gail Munro, 105 Middlesex Street Dear Mr. Nicetta: Please Send Correspondem—e To Boston Address &td �05 '. � ts� You have asked whether it is lawful and proper for you to agree, upon receipt of satisfactory plans, to allow reconstruction of the rear wall of the structure located at the above property so as to bring the structure into compliance with the variance and/or special permit granted by the Zoning Board of Appeals. In our opinion, such course of action is lawful and proper under the facts as we understand them. Please feel free to call if you have any further questions or comments. Very truly yours, Thomas.J. U-1 - US TJUjeh cc: Robert J. Halpin, Town Manager John R. Leeman, Jr., Board of Selectmen William J. Sullivan, Chairman Zoning Board of Appeals William J. Scott, Director of Community Development and Services s.\wp5 i\work\n-andow\corresp\niceda2.ltir THomAs J. URBELIS E-MAiL: tju@ufb.com Jack Little, Esquire 401 tAx.dover Street North Andover, MA 0 1845 URBELIs, F=sTEEL & BAiLiN, LLP 155 FEDERAL STREET BosToN, MAssmliusms 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 January 26, 1999 Re: John and Gail Munro 105 Middlesex Street North Andover Dear Mr. Little, Andover Office 26 Chestmit Stred Andover, MA 01810-3600 Telephone 97&475-4552 Please Send Correspondence To Boston Address This letter will confirm our conversation that your clients desire to bring the structure into compliance with theterms of the variance and/or special permit granted by the North Andover Zoning Board of Appeals. Pleased be advised that the Town will require plans, including engineering drawings, indicating how your clients' builder intends to perform the requisite work to comply in all respects with the variance and/or special permit. These plans should also show how your clients intend to reconstruct the foundation without jeopardizing the structural integrity of the structure and how the new foundation will be tied into the existing foundation. Please submit those plans to the Building Commissioner for his review. Once these are received, we will be back in touch with you. Very truly yours, 11"aw C, 3 �, kt,&� Thomas I Ur4 is Town Counsel TJ-Ujeh cc: D. Robert Nicetta, Building Conu-nissioner Robert I Halpin, Town Manager John R. Leeman, Jr., Board of Selectmen William I Sullivan, Chairman Zoning Board of Appeals William J. Scott, Director of Community Development and Services Joseph Mahoney, Esquire s-.Xwp5 I\worMn-andove\corresp\httle.Itr January 27, 1999 Town of North Andover 120 Main Street North Andover, MA. 0 1845 To the Town Manager: To the Selectmen: To the Building Commissioner: To the Zoning Board Chairman: i FEB 8 Robert J. Halpin Keith Mitchell, Chairman John Leeman William Duffy Donald Stewart David Torisi D. Robert Nicetta William Sullivan 0 'z I want to state my objection and displeasure with the garage that is being constructed on 105 Middlesex Street. I was not even notified that this project was up for approval, even though this construction directly affects me. I own and occupy the property at 36 Milton Street. Having lived in this house for the last 19 1/2 years, I have always been able to look out the front window of my living room and front porch and see almost through to Middlesex Street. The height of this construction now completely cuts out this view. My home is a two family, with a rental apartment on the first floor. My present tenant has lived in the apartment for the last 12 years. Her view from the living room, front porch and front bedroom is now obstructed as well. Property values have been affected and I fear, future rentals may be affected as well. The structure is certainly not a replacement garage. It is much too high for this neighborhood and looks more like a barn than a garage. It is so close the property line at 29 Milton Street and so overpowering that it looks like it belongs to that property rather than to the property on 105 Middlesex Street. How could you allow this construction without notifying everyone who would be affected? How could you allow a two story construction when the issue was one of replacement? How can you let the country atmosphere of the neighborhood be turned into the likes of a city block? I understand that the construction has come to a halt for now. I will be on the side of those who want the construction to remain at a halt and for the second floor to be taken down. My expectation is that I receive a response to this letter. jU da( Bartashy) Montminy 36 Milton Street, North Andover, MA. 01845 Towler 40 Third Street North Andover, MA 01845 January 28, 1999 Mr. William Sullivan Chairman Zoning Board of Appeals Town of North Andover North Andover, MA 01845 RE: 103 Middlesex Street, North Andover, MA Dear Mr. Sullivan: FEB 1999 It is our hope that the Board of Appeals will rule in favor of preserving the traditional appeal of the neighborhood and propose a compromise so that the builder on 105 Middlesex Street's needs for expansion do not infringe on the privacy and comfort of the abutters. We are writing to you as residents of 40 Third Street, North Andover, MA to express our objection to the Town's approval of the structure being built on 103 Middlesex Street. The approval of such a two-story structure as seen from Milton Street detracts from the aesthetics of this conventionally quaint neighborhood. Respectfully submitted, David R. To\Mer /kt cc: Robert Nicetta Keith Mitchell William Duffy: John Leeman' Donald Stewart David Torrisi V,UA4,v%. V - Karen L. Towler North Andover Building Inspector North Andover, Chairman, Board of Selectman Selectman Selectman Selectman Selectman February 3, 1999 Mr. Fran DiNuccio 39 Milton Street North Andover, MA 01845 Dear Mr. DiNuccio, PV I am in receipt of your letter dated January 28, 1999 regarding the Munro garage at 105 Middlesex Street. Please be advised that I will address your concern regarding the notification of the legal notice as follows: At the time of the filing of the application, Mr. Munro submitted a certified Assessor's abutters list containing the map and parcel and the corresponding names and addresses of abutters. This is the list we use to mail the legal notices to. The normal requirement is abutter to abutter within 300 feet of Mr. Munro's property. The legal notice was then advertised in the Lawrence Tribune on 8/25/98 and again on 9/l/98. 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':� CD 0 E; S m 0 4 CD .0 CD W 0 0 -1 (D M + 0 0 w 0 C,, CD 0 CD .1 CD (rQ E; Or ca CD 0' �:j* M rA lb CD '$ 0'Q 0' cn (D W Er, 0' (D 0 ch " " CA , CD 'A - O'M 0 Q ca 0 ca cm CD (FQ CD 0 a, CD 5r :r- S* 0 R CD LD 0 CO A, O�- m CD (D E; 0 1+ 0 �p 8:r r . 0' C�D raq 0. 0 ::_ - CL Z" - g Noe_ '14 .4 W-aq - Fj SD 0 aq CD 0 03 0 M CD CD %D ga. :3 $a. 0' --.! , - 0. .= (D' CD CD (D', 0 :3 ThEC0AM0AWE4L7H0FM4M 113; Office Use onJy DEPARTAflDNT0FPUBL1CS4FM Permit No. BOA"OFFMPREVLAWONRWM 527CM12.0 Occupancy & Fees Checked APPUCARONFORPERAlff TO ELE=CAL WORK ALL WORK TO BE pERFoRMED IN ACCORDANCE WIni THE MASSACHUSSTS E:LECMCAL CODE, 527 CMR 12:00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Datg 7J q? I Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work described below. Location (Street &Number) IDS OwnerorTenant V 0 Owner's Address Ml No Is this permit in conjunction with a building permit: Yes (Check Appropriate Box) Purpose of Building Gc, -- ck-�� Utility Authorization No. ound No. of Meters -�Ound No. of Meters N21586 Date ..... .............. '0 TOWN OF NORTH ANDOVER 0 PERMIT FOR WIRING This certifies that ..... has permission to perform .... .......... e wiring in the building of—� ................... ............................................................... ............. ........ ...... ........... North Andover, Mass. .... Lic. N6��Z-�24. 7 ELEcTRICAL INSPECTOR 04/08/99 09:39 6-00 PAID WHITE: Applicant CANARY: Building Dept. PINK: Treasurer i r, N %-.� %-� - n vi V, -A ���n fiormers; Total KVA erators KVA of Emergency Lighting Battery Units EALARMS No. of Zones J.toltl)electicin anI i. ing Dell s ofSoundmg Devices OfSe,fContained tection/Sounding Devices al Municipal Othrr Connections lns==Co�a� I hacaumatLiabkyhnxa=POELymdu&gCaTpich�OpoafiaisComaWaritssi a0valat YES NO I haesubmftdNelidpmfbf=ne1otheOffim YES M NO M ff�cubmedmckWYESpkmemdcwthetMxofwmrdWbydcckrgthe BOND MIER ftese**) Expin6m D* EMm*dV"dEkftxWWotk$ WoikoSw Inqx=D*Req� Ra# L) Final r 3u= UUM re*141m. i4s� C11312m, FIRMNAME t-,C,%(TJ ?-Iccv,�J- t L.,,," S.C,- -, -c— Liwlse�,4 E -S C7 n ---, el � -�, \ k S , k 9- v-, S t " C, � ,- V, Ak. Td Nh OWNIM'S PsISURANCEWAIVER, I e#%akrItasra#Wbyh4amxhBM C=wJ Lam anddvtnTy-qglatmoniffispmniWpbcEdmwm*�mftm* zi=ai (Please check one) Owner M Agent 1:1 Telephone No. PERMIT FEE $ Town of North Andover OMCE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 0 1845 WILLIAM J. SCOTT Director (978) 688-9531 S.E. Cummings & Associates P.O. Box 1337 Plaistow, N.H. 03865 Dear Mr. Trudel August 4,1999 0 , Fax (978) 688-9542 This letter is in reference to the property at'-105,�Middlesex Street. The attached plan revised April 7, 1999 prepared by your firm indicates an iron rodset at the northeast comer of the property. After review with abutting property owners the placement of the iron rod is in question. The abutting property owners indicated the following: I . That upon measurement from their property pins from the street to the rear of the subject property, along the line w#ere the iron rod is set, a tape wends beyond the iron rod. Several of the abutters have 21SO commented that on several ocassions while pins (stakes) were replaced that they appeared to be different than the previous location. 2. In a conversation between field personnel and abutting property owners, they indicated that they would not measure adjacent properties to determine the iron rod location. 3. After a site review it is evident that a fence of a property to the northeast rear comer is located on the wrong property. While your survey may have discovered the error of the fence placement. The opposite could be true and the fence location could be correct and the rod location incorrect. 4. After review of the plan it is not evident as to the source of your information for use to establish the survey bounds. As such we cannot determine if you reviewed adjacent property deeds to fix the subject property within the block. Therefore I am requesting correspondence in writing as to the above issues. Your timely attention to this matter is of great importance as complaints are numerous and the subject property has had variances and or special permits relative to the certified plot plan prepared by your firm. Re ly, Michael McGuire Local Building Inspector Cc Wiffiam Scott, Community Development and Services Director file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 0 1845 WILLIAM J. SCOTr Director (978) 688-9531 S.E. Cummings & Associates September 20,1999 P.O. Box 1337 Plaistow, N.H. 03865 Dear Mr. Trudel 0 I - Fax This letter is in reference to the property located at 105 Middlesex St and my letter dated August 4, 1999 requesting information, copy attached. It has been over thirty days since this request. I do not have any further information to provide those abutters with clarity as to the survey documentation. The abutters continue to claim that the survey is not accurate. I realize that a stamped drawing would normally be sufficient to create survey plans. However, when a resident has specific knowledge and experience regarding this issue their concerns could have validit� and must be satisfied with additional answers. Failure on your part to provide the requested information as indicated in the previous letter only strengthens the abutter's claim that the pin placements are incorrect. Please respond in writing with your information, within 14 days, as it is my intention to solve this problem as expeditiously as possible. Failure to respond within the time stated above will result in the case being referred to the Zoning Board of Appeals for an inquiry as to the accuracy of the information as compared to the abutter's claims. I may be reached at (978) 688-9545 between the hours of 8:30 — 10:00 a.m. and 1:00 — 2:00 p.m. Res ectfull Michael McGuire Local Building Inspector Cc William Scott, Community Development & Services Director File Zoning Board of Appeals attachment BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 S.E.C. Suri,eying Engineeting & Consulting Mike McGuire Building Inspector Town of North Andover 146 Main Street North Andover, MA 0 184 5 Re: 105 Middlesex Street Dear Mr. McGuire Please find enclosed a partial print out of the survey worksheet for the above referenced project. The survey consists of locating existing monumentation within the block of the subject parcel. The reference plan used for the original survey was performed by W.J. Driscoll in 1925. The propertylines calculated were based on evidence and boundary procedures for boundary locations for simultaneous conveyances. The worksheet is for your use only and is not intended to be used for public information. The Munroes paid for my survey services and the worksheet is private information. If you have any questions please don't hesitate to call. Sincerely P.O. BOX 1337 22 OLD ROAD PLAISTOW, N.H. 03865 TELE: (603) 382-5065 FAX (603) 382- 5216 SEP 2 7 1999 ENTi 13UILt)ING DEP—kR�T"A—" I -q 24' N N3 41 -Tj JA /&G oo� 44' (C) 90.5' C) �o Cf) Q) N, Cr) ::2! po �70 cn 87.9' 87.91' 00 N3 C� F7 '1" 97 I -q 24' N N3 41 -Tj JA /&G oo� 44' (C) 90.5' C) �o Cf) Q) N, Cr) ::2! po 3 December 2000 Town of North Andover Office of the Building Inspector 27 Charles Street North Andover, Massachusetts 0 1845 Dear Sir, I wish to file a formal complaint. On or about October 1998, a utility building, approximately 18 feet wide and 12 feet deep, was located onto the property of Mr. Michael O'Connor, 29 Milton Street, which abuts my property. This utility building is located less than one foot from the property line. it is my understanding that this building was located without obtaining a building permit. It is my opinion that this building is in violation of the setback requirements of the zoning regulations and also in violation of the building code. I made a verbal complaint to Mr. Robert Nicetta, Building Inspector, and Mr. William Sullivan, Chairman of the Zoning Board of Appeals, on 21 December 1998, while both of these individuals were standing on my driveway. To date, to my knowledge, nothing has been done about this complaint. I am now following this verbal complaint with a formal written complaint. If this letter is not sufficient to cause the town to take some action, please advise me at your earliest opportunity what formal procedure is required for the town to take action against violations known by them to exist. I look forward to your earliest reply Sincerely, .C�. Jo J. Munro III j r \1 Middlesex Street I M c Torth Andover, Massachusetts ap,, , ;) ;L7 -c,--.14 Tel: 978.687.8091 Fax: 978.687.1971 01845 e-mail: munro@mdc.net 10 December 2000 Town of North Andover Office of the Building Inspector 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, One week ago, on 3 December 2000, 1 wrote to you to formalize a verbal complaint that had been made earlier about a utility building, approximately 18 feet wide and 12 feet deep, being located onto the property of Mr. Michael O'Connor, 29 Milton Street, which abuts my property. This utility building is located less than one foot from the property line. It is my understanding that this building was located without obtaining a building permit. It is also my opinion that this building is in violation of the setback requirements of the zoning regulations and also in violation of the building code. A copy of my letter is attached. As noted in my earlier letter, I had made a verbal complaint about this on 21 December 1998 to Mr. Robert Nicetta, Building Inspector, and Mr. Willia:m Sullivan, Chairman of the Zoning Board of Appeals while both of these individuals were standing on my driveway. To my knowledge, nothing had been done about this complaint. To date, I have not received a reply to this complaint, nor has any action been taken to remedy this situation. I implor.'�', you to take the appropriate action. I look forward to your edrliest reply. Sincerely, J Jo n J. Munro III o - Munr'o 5 M Middlesex Street North Andover, Massachusetts Tel: 978.687.8091 Fax: 978.687.1971 01845 e-mail: munro@mdc.net xc: Mr. William Scott, Director of Community Services Mr. Mark H. Rees, Town Manager Mr. William Sullivan, Chairman, Zoning Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSE77S BOARD OF APPEALS Atty Joseph V. Mahoney 127 Turnpike Street North Andover, MA 01845 January 19, 1999 I received your correspondence of January 14, 1999 regarding 105 Middlesex Street, Petition 037-98 of the Board of Appeals. On December 31, 1998, a conference was held at the Community Development Office on Charles Street, with Mr. & Mrs. Munro, Mr. O'Connor, Walter Soule and myself to try and negotiate a solution to the neighborhood dispute. j Neither party was flexible. Correspondence of this December 31, 1999 discussion, was sent to the North Andover Zoning Enforcement Officer, Robert Nicetta for his action. A copy of that -memo is attached. William J. Sullivan Chairman Board of Appeals 0 -S CHUS TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS January 4, 1999 W To: Building Commissioner, Mr. Robert Nicetta.*� From: Mr. William Sullivan, Chairman Zoning Board of Appeals In order to create harmony in a Middlesex -Milton Street neighborhood the Zoruing Board of Appeals requested a meeting of the principals. On December 31, 1998 a discussion was held in the conference room at the Community Development Center on Charles Street to address a garage structure authorized by Petition 037-98 on September 14, 1998. Those in attendance were Mr. John Munro and his wife,( the Petitioners of Subject Item), Mr. Michael O'Connor,(an abutter who ob3ected to the height of the structure), Chairman William Sullivan and Vice Chairman Walter F. Soule. This meeting was the result of an As -Built Plan Submitted to the Building Department in Mid - December showing a violation of a garage structure of approximately 5 inches set back, at rear lot line, from the authorized set -back of Petition 037-98, as approved previously by the Appeals Board. Mr. Munro explained in detail that he did everything according to procedure in July and August 1998, well before the Public Hearing, by speaking to many neighbors including Mr. O'Connor about the garage structure. There were no objections at that time. Legal Plans and pictorials were available at the Zoning Board of Appeals Office and all Legal Notices were properly sent to the abutters. Mr. Munro and his wife stated that they want to be good neighbors. Mr. Munro further explained the high cost of the garage($35,000)and the extra charge to alter the structure($ 5 000). He also noted that a building was placed on the rear -lot line of Mr. O'Connor's property since September 1998. He was not complaining about this building but due to Mr. O'Connor's complaints to him of broken windows and the door of this building not functioning, since garage construction began, he authorize his builder, Kevin Murphy, to correct the shed problems and to bill him(Mr. Munro). He further stated that he would place, plant trees, or other plantings including but not limited to, trellis and roses, window boxes with flowers on the back upper story windows of the garage or anything to enhance beauty of the rear of the garage structure as viewed from the neighbors and Mr. O'Connor's property. RECEIVED JAN 0 � 1999 Mr. Sullivan asked Mr. O'Connor to state his position with regard to the structure. Mr. O'Connor stated he wants harmony in the neighborhood too. Mr. O'Connor was originally told by Mr. Munro, of the two stall garage in July,* but insisted that he was not told it was a two story structure until he saw it being constructed in mid-Decemben'l 99 8. His position is that the height of the structure changes the look of his backyard and will shield the sunlight. His wife is very upset and was crying most of the time about this issue. He has surveyed the neighborhood recently and found others who support his position. Mr. Sullivan asked Mr. O'Connor if he would share in the cost of modifying the structure. His response was negative. Mr. O'Connor acknowledged receiving the Legal Notice, but chose not to attend the Zoning Board of Appeals Public Hearing in September. He thought it was to be the same height as other garages in the neighborhood. Mr. Sullivan noted that neither party was flexible at this time and as such the following options would be required to resolve : --- 1. The builder, Kevin Murphy, could properly replace the back wall of the garage entirely, including the complete foundation, in order to meet the Zoning Board of Appeals set back authorization of Petition 037-98, and furthermore only if he could satisf� the Building Commissioner, Mr. Nicetta's requirements and that the North Andover Building Code would not be violated. 2. Munro's re- petition of the Zoning Board of Appeals allowing a modification to grant rear setback relief in accordance with the original "As-Built"Plan submitted to Building Inspector. Mr. O'Connor was informed that he could seek relief through the Judicial Court Systern.* * All parties present were also reminded that the 20 day normal appeal period after the Public Hearing was held in September 1998, for the Zoning Board of Appeals Decision Process, had .expijob,with no interest being shown. Please advise the ZBA which option is to be incorporated. Page 2 of 2 TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVAT& OR DEMOLISH A ONE OR TWO FAMILY DWELLING 06, K0 V i1w FROW CIO WNW mm BUMDING PERMIT NUMBER: - DATE ISSUED: ,2;�2 - S—,-;>- 1—(9 C) ZA SIGNATURE: Building Commissioner/InEeEtor of Buildings Date SECTION I- SITE INFORMATION 1.1 Property Address: 1.2 A&sessors Map and Parcel Number: a C7,� -S I — s ACHUS Map Number Parcel Number $ 1.3 Zoning hiformation: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area (sf) Frontage (ft) 1.6 BUHDING SETBACKS (ft) Front Yard Side Yard Rear Yard Required Provide Required ded Required Provided 1.7 Water Supply M.G.L.C.40 54) 1.5. Flood Zone Information: 1.9 Sewerage Disposal System: Public o private 0 Zone — Outside Flood Zone 0 Municipal 0 On Site Disposal System 0 SECTION 2 - PROPERTY OWNERSIIIP/AUTHORIZED AGENT 2.1 Owner of Record im , dv\, r,,4 a in2e on, I Dct Name (Print) Address for Service: 4� 7 Telephone r Location No. Date Check At f 13 Building lnsp�—Ct—or Signature uWF..0- --- --- ot Applicable 0 iLiccnse Number Expiration Date Not Applicable 0 Registration Number Expiration Date 61 0 z M 0 ic Z TOWN OF NORTH ANDOVER a certificate of occupancy s ACHUS Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ 5 Check At f 13 Building lnsp�—Ct—or Signature uWF..0- --- --- ot Applicable 0 iLiccnse Number Expiration Date Not Applicable 0 Registration Number Expiration Date 61 0 z M 0 ic Z SECTION 4 - WORKERS COMPENSATION (NLG.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the buildiniz nermit. I Signed affidavit Attached Yes ....... 0 No ....... 0 SECTION 5 Description o Proposed Work (check applicable) New Construction 0 Existing Building )V Repair(s) 0 Alterations(s) 0 Addition 0 .' I T Accessory Bldg. 0 Demolition 0 Other 0 Specify Brief Description of Proposed Work: . S' 4-rX tn- 'N- C' --,p � f:4 C_ -C LA_ Q 7 'JDAkf- I qRCTTON 6 - FqTFMATF-n drnN.1QTR1TCrr_FnN VnQTQ I Item Estimated Cost (Dollar) to b Completed by permit applicant R-4 (a) Building Permit Fee Multip ier RL�V' �4g'4 p N I Building 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbin� I Building Permit fee (a) x (b) 4 Mechanical (HVAC) 5 Fire Protection 6 Total (1+2+3+4+5) Check Number '5z1LjLjLur4 /aVWiNhKAU1HqJK1LA11ViN I U Uk L;qJMrJLtrJ'ED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,— AIZ a(�O-,_>eruthori7ed Agent of subject property Hereby authorize to act on My behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION 1, —,as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief Print Name of Owner/. Date Cf) m m m m m m CD m C/) 0 m CO) 10 CD n E; CD CL r- 3:mco CD CD CL -< CD CD Fw-w- 19 —we I CD Cl) V--l- C) 7 CD C -j CA CA) CD CD CD CD a rA . CD COP) CD CD E; 0 I C/) C/) n 0 z C/) C/) C/) 2 0 C/) -* -0 �* =r CD C,* 0 Cr C4) dc a: co C* co C* C"i 0 m CA V) C= CD =r-0 Im ID —, 0 CD -n CL 0 CL =r CD CD CD COD P-4 :CE) -='r =CD CD 0 CD ;; @ CD co 0 0 ci 0 CD 46 Co ca CL 0 'I =r CD CD CD to C* CD CL CD W 03 co, CA CK W= cr CL CD CA 9 c 2 CD CO) E CA CA CD CD CD 0) CA CD C CD , n CO A =r Fa: i CO) CD C-) C, C', A C. CD CD cc, to CA CD C-3 CD CD C, z 0 mcov, mm **%4 CA B 0 n, rb C) rD - z :I (D " > M . RL 0 r_ 00 0 M cn ft 1110 0 r_ OQ ::rl 0 r - aq �7- n r_ OQ =rl a, g CL 0' z Cn 0 M cn rb cn CD 91 0 r) ::r- tz 0 > Oil 0=3 0 Town of North Andover t4ORTN OMCE OF 0 COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 0 1845 WILLIAM J. SCOTT SSAC us Director COMPLAINT FOR INVESTIGATION : ---111: '21 DATE ojm�. FROM: -y—ave-11 ADDRESS: M 1 Noe, /A njoveT Complaint Against: ELECTRICAL: PLUMBI-NG: GAS: BUILDING CONTRACTOR: )/6 u n3 Tel. #: MR 01'�Tls &'S9 '��,'s q 6-� ---afcletcl.- PROPERTYOWNER: Mtc�ad i OTHER: would lt�c' DO cn e- r D n c n non con�60-1)1)a IC4 Signed: Jan. '97 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-954 PLANNING 688-9535 Town of North Andover OFECE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 0 1845 WILLIAM J. SCOTr Director (978) 688-9531 Mr. & Mrs. Michael O'Connor July 11, 2000 29 Milton St. North Andover, MA 0 1845 Dear Mr. & Mrs..O'Connor: 0 Fax (978) 688-9542 Please be advised that I must issue this cease and desist on the bath remodel currently under way in your home under the State Building Code as a permit was not issued for the dormer and possibly under the Town of North Andover Zoning Regulations. This department obtained no construction documents for the dormer and the building permit did not include the construction of a dormer as required unddr the State Building Code. The other issue being that any exterior alterations, or additions to a possible preexisting nonconforming structure and or lot must receive the required special permit through the Zoning Board of Appeals. In the absence of the required documents this cease and desist order must be issued. The remedy to remove this cease and desist order is to submit a certified plot plan and have the professional give a elevation of the new dormer in relation to the existing structure as well as the plans and permit application for the dormer construction. Please contact me so that we may begin the process to remedy this matter. I may be reached at 688-9545 between the hours of 8:30 — 10:00 AM and 1:00-2:00 PM. Respectfully Mv --Michael McGuire Local Building Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 . HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Mr. & Mrs. William Young July 12, 2000 113 Middlesex St. North Andover, MA. 0 184 5 Dear Mr. & Mrs. Young: Telephone (978) 688-9545 Fax (978) 688-9542 Attached you will find a copy of the letter sent out in response to your complaint of June 27'h. Thank you for bringing this to the departments attention. If I may be of further assistance please do not hesitate to contact me. I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 688- 9545. Respectfiilly, Michael McGuire Local Building Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH688-9540 PLANNING 688-9535 4�ew 7 NO. 29 A41L TON SMEET PLAN OF LAND IN NORTH ANDOVER, MASS. MIDDLESEX SURVEY INC. LAND SURVEYORS 131 PARK STREET NORTH READING, MA. 01864 SCALE: l-- JO' DATE- JUNE 9, 2000 MAP 31 PARCEL 33 N/F THOMAS & MARILYN LICCIARDELLO NO. 99 MIDDLESEX ST. IRON ROD FOUND 0.28' OVER IRON ROE) SET -- co c� 0 co — C-;, C4 26.26' MAP 31 PARCEL 34 N/F JOHN & GAIL MUNRO NO. 105 MIDDLESEX ST. COO o;u ot N22*1 20*#W 99.68' "I 9.005±sf f, IRON PIPE FOUND 0.88' BACK FROM STREET MILTON 100.00' Sl 9*36'1 6"E STREET / CERTIFY THAT THE EXISTING DWELLING -IS LOCATED AS SHOWN. DA IF. 619100 Regi-lered LgInd Sdr-veyor u /'�' ��z-zo x o/v 9 ol/wolo/'�ll z co i cn rq m 3 I/P \\A OF A4,1,S, ALPHONSE D. HALEY cf) NO ' 31312 (Q)f 01 _lz /ST L L (9) Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-tI542 Street: 2 -9 -Milton S,treet, Map/Lot: 31 / 29 Applicant: Michael & PatriciA PC9nnQT Request: Dormer .4 shed constrm-ctedwithout benefit of -a building perrihit 1 Date: August 18, 20-00. ease a advised that aner review of your Building Permit Application and Plans that your Application is DENIED for the following Z6ning Bylaw reasons: Zoning Remedy for the above is checked below Item # Special Permits Planning Board item # Variance I P rmit Site Plan Review Special Permit C -3/C- Setback V; _ : 5 cc s ot r ro tace rAccess other th�anFrontaaa Snpninl Porm;+ l­-rontage Exception Lot Special-P—ermit— item Notes HeiQht Variance Item Notes A Lot Area Elderly Housing S ar a state Pecial Permit F Frontage Earth Rem!2oy�a[S e.cial . Permit ZBA I Lot area Insufficient R-6 Density Special —Permit A 2tC- I Frontage lnsuffici�._n_t pre - existing nonconforming structure on a pre- 2 Lot Area Preexisting Yes _T_ —Frontage Complies Yes 3 Lot Area Complies 3 Preexisting frontage Yes 4 Insuffibient Information 4 Insufficient Information - B Use 5 No access over Frontage I Allowe Yes G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA Yes 5 Insufficient Information 4 Insufficient Information C Setback H Building Height I All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient Yes(shed) _:T_ Preexisting Height Yes 4 Right Side Insufficient 4 Insufficient Information— TTRear Insufficient Yes(shed) I Building Coverage 6 Preexisting setback(s) Yes I Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed Coverage Preexisting Yes 1 Not in Watershed Yes 4 Insufficient Information 2 — In Watershed j Sign 3 Lot prior to 10/24/94 not allowed 4 Zone to be Determined -Sign Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking I In District review required 1 More Parking Required 2 Not in district Yes 2 Parkina Complies 3 Insufficient Information Remedy for the above is checked below Item # Special Permits Planning Board item # Variance I P rmit Site Plan Review Special Permit C -3/C- Setback V; _ : 5 cc s ot r ro tace rAccess other th�anFrontaaa Snpninl Porm;+ l­-rontage Exception Lot Special-P—ermit— Lot Area Vah Common Drilympy Special Peri��ft HeiQht Variance Congregate Housi .�- �11­- c�llhou �in Special Permit Uununuing uare Retirement. Special Per mit Tn—dependent Special Permits Zoning Board Elderly Housing S ar a state Pecial Permit S ecial Permit Noni--Conforming Use ZBA Planned Development District Speci Earth Rem!2oy�a[S e.cial . Permit ZBA Planned Residential Special ermit Special Permit Use not i isted but Similar I R-6 Density Special —Permit A 2tC- Decial Permit for -ji n A special permit for the extension of a 1 .6 pre - existing nonconforming structure on a pre- Wate shed uecial Pprmit existing nonconforming lot The above review and attached explanation of uch is based o I nthe plans and information submitted. No definitive review and or advice shall be based on verbal. explanationss by the a 1 Pplimnt nor shall, such verbal explanations by the applicant serveto provide definitive answers to the above reasons. for DENIAL Any Inaccuracies, misleading information, or other subsequent changes to the information. submilted by the applicant shall, be grounds for this reVle'w to be voided at the discretion of the Building Department. The attached document titled 'Plan Review Narrative" shalf bL-- aliached hereto and incorporated herein byreference. The building department will retain all plans and documentation for the 'above file. You must file anew building permit application form and begin the permitting process. z ,BOilding Department ffiCial Signature Appl ;kplplicati ation Received on Denied Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: A special Permit is required for aff nonconforming structure or lot un, Zoning Bylaw.( dormer constructe li� variance is required for the she( Permit and without the required lei In tile RA District the minimum lo frontage and 30 foot front and rear aneas 04square feet or smaller req, must meet the above mentioned sei Referred To: 1 4, 1 1 1�." � 't � 11" 1, . , : I . Y extension Or alteration of a pre-existing der Section 9 of the. Town of North Andover d without benefit of a building permit) I constructed without benefit of a building I side and rear setbacks.. t size is 12,500 square feet with 100 foot , setbacks and 15 foot side setbacks. aire only 5 foot setbacks, any larger t�_an —this Lbacks TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Mr. & Mrs. Michael O'Connor 29 Milton Street North Andover Ma 01845 Re: Building Permit Denial Dear Mr. & Mrs., OConnor: August 22, 2000 Telephone (978) 688-9545 FAX (978) 688-9542 Please be advised that the denial for your building permit is enclosed Please be aware that measurements for the shed setbacks, front, rear porch setbacks should be include on the plan for submission to the Zoning Board of Appeals. if you have any questions please call me at 688-9545. File: Nfilton Sk 29 Very truly yours, 1A il#ee - - I - - Michael McGuire, Building Inspector BUILDINGS588-9545 C'O.",ZSERV.A�F-LfO��.,4681,-9�30 HEALTI-11688-9540 PLANNING688-9535 MEMORANDUM TO: William J. Scott Director, Community Development & Services FROM.- Michael McGuire Local Building Inspector A060 DATE: . August 25, 2000 RE: Michael & Patricia O'Connor 29 Milton St. In regards to the above property owners denial for and subsequent cease and desist order the situation is as follows; I Mr. O'Connor applied for and received a permit (#237) for the replacement of a roof and chimney on 5/23/00. 2) Upon a complaint from a abutter it was observed that Mr. O'Connor had constructed a dormer which was not part of this permit, and in violation of the building code as well as the zoning ordinance for non -conforming structures. 3) A cease and desist order was given to Mr. O'Connor on July 11,2000. 4) Upon receiving a certified plot plan it was also observed that a shed is in violation. of setback requirements. 5) A denial form was issued on August 18,2000 for the dormer and for setbacks on the shed. Along with the denial a short letter was attached informing Mr. O'Connor that the dimensions from the property lines to the shed will be needed on the plan. 6) Mr. O'Connor is disputing the setbacks on the property to his rear of which I have informed him is a civil matter. My recommendation to him was that he take both plot plans to his surveyor and have them work it out between themselves. 7) The deadline for the next ZBA hearing is September 7 for the, October 10 meeting. 3 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 0 1845 Dear Sir, I wish to file a formal complaint. Last evening, 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. I called Mr. O'Connor to complain about this. Although people were seen to be present in the house, no one answered the telephone. Consequently, I left a message complaining about this on the answering unit. After approximately 30 minutes, the sewage continued to be pumped. I called the North Andover Police Department to make a complaint. The individual who answered the telephone said that he knew of the problem at 29 Milton Street and that the Department of Public Works had been there. I informed him of my complaint about sewage being pumped by onto my property. He said he would send someone to look into it. The Police Department never contacted me about the results of their action, and, after another 30 minutes, the sewage was still being purnped. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appeal to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. I look forward to your earliest reply. Sincerely, 7Jhn J. Munro III Tel: 978.687.8091 ,rj 05 M 05 Middlesex Street Fax: 978.687.1971 North Andover, Massachusetts 01845 e-mail: munro@mdc.net t', .5'eer r , 6,14 -1 0, �, Y I t)�, ut-tel"Vv—, 3 December 2000 Town of North Andover Office of the Building Inspector 27 Charles Street North Andover, Massachusetts 0 1845 Dear Sir, I wish to file a formal complaint. On or about October 1998, a utility building, approximately 18 feet wide and 12 feet deep, was located onto the property of Mr. Michael O'Connor, 29 Milton Street, which abuts my property. This utility building is located less than one foot from the property line. It is my understanding that this building was located without obtaining a building permit. It is my opinion that this building is in violation of the setback requirements of the zoning regulations and also in violation of the building code. I made a verbal complaint to Mr. Robert Nicetta, Building Inspector, and Mr. William Sullivan, Chairman of the Zoning Board of Appeals, on 21 December 1998, while both of these individuals were standing on my driveway. To date, to my knowledge, nothing has been done about this complaint. I am now following this verbal complaint with a formal written complaint. If this letter is not sufficient to cause the town to take some action, please advise me at your earliest opportunity what formal procedure is required for the town to take action against violations known by them to exist. I look forward to your earliest reply. Sincerely, J Jo J. Mur o J. Munro III �l Middlesex Street I M c orth Andover, Massachusetts af, -,, &jrQD Or-APPM, � Tel: 978.687.8091 Fax: 978.687.1971 01845 e-mail: munro@mdc.net Town of North Andover Office of the Health Department Community Development and Services Division Widiam J. Scott, Division Director 2.7 Charles Street North Ajidover, Massachusetts 01845 Sandra Starr Health Director December 8, 2000 John J. Munro, III 105 Middlesex Street North Andover, MA 0 1845 Re: Complaint of December 5, 2000 Dear Mr. Munro: Tele�hone (978) 688-9540 Vax (978) 688-9542 The Health Department received your complaint and immediately followed up with a call to the Department of Public Works to ask if there was a break in the sewer line. We were told that a crew was then at work repairing the break. An inspector from this department inspected the site .on two separate occasions to determine whether sewage was being pumped onto your property. Neither pumping nor surface sewage were observed. In addition, the DPW was notified that you had complained of sewag e on your property. Since the break was in the sewer line it is DPW's responsibility to clean it up. They followed established procedures and.had a professional company clean the area. If there is still sewage on your properly, please call the DPW at 978- 685-0950 and explain your situation to them. I am sure that they will respond and you can show them the area that was affected. Also, in the interim, an application of lime to the area will be effective in lessening any potential negative health hazards. As far as your complaint that the resident at 29 Milton Street was pumping sewage onto your property: had Health Department staff observed any action of this sort by anyone, then that person would have been asked to cease pumping and instead contract with a licensed sewage pumper to remove the septage. As I understand, one resident actually did have a backup of sewage in to the basement, but it was not at 29 Milton Street. I hope this answers any questions you may have. If you have further concerns after speaking with DPW, feel free to contact me 978-688-9540. BOARD 01. APPFALS6�88-9541 UILDING 619S-9�4, CONSFRV.ATION NUTI-SE 638-9543 PLANNTNG, 6M9�3� acerely, L e�l" ndra Starr, R.S., C.H.O. Health Director Cc: Mark Rees, Town Manager James Rand, DPW W. Scott, CD&S Director File 10 December 2000 Town of North Andover Department of Health 27 Charles Street North Andover, Massachusetts 01845 Dear Sir, One week ago, on 3 December 2000, 1 wrote to you to file a formal complaint. I reported that on 2 December 2000, sewage was being pumped by hose from the basement of the home of Mr. Michael O'Connor, 29 Milton Street directly onto my property. A copy of my letter is attached. It is my opinion that pumping sewage onto the ground is a health hazard, and, hopefully, is not permitted by the town. I appealed to the Department of Health/Board of Health to take whatever action is possible to assure that this does not happen again, and to require Mr. O'Connor to have the sewage professionally and thoroughly removed from my property. To date, I have not received a reply to this complaint, nor has any action been taken to remove this sewage from my property. In my opinion, this continues to be a health hazard. I implore you to take the appropriate action. I look forward to your earliest reply. Sincerely, 2 J n J. Munro III Tel: 978.687.8091 5 M les Middlesex Street Fax: 978.687.1971 North Andover, Massachusetts 0 1845 e-mail: munro(alindc.net Xc: Mr. William Scott, Director of Community Services Mr. Mark H. Rees, Town Manager 10 December 2000 Town of North Andover Office of the Building Inspector 27 Charles Street North Andover, Massachusetts 0 1845 Dear Sir, One week ago, on 3 December 2000, 1 wrote to you to formalize a verbal complaint that had been made earlier about a utility building, approximately 18 feet wide and 12 feet deep, being located onto the property of Mr. Michael O'Connor, 29 Milton Street, which abuts my property. This utility building is located less than one foot from the property line. It is my understanding that this building was located without obtaining a building permit. It is also my opinion that this building is in violation of the setback requirements of the zoning regulations and also in violation of the building code. A copy of my letter is attached. As noted in my earlier letter, I had made a verbal complaint about this on 21 December 1998 to Mr. Robert Nicetta, Building Inspector, and Mr. William Sullivan, Chairman of the Zoning Board of Appeals while both of these individuals were standing on my driveway. To my knowledge, nothing had been done abo ut this complaint. To date, I have not rece'�'Ved a reply to this complaint, nor has any action been taken to remedy this situation. I implor.'�:'You to take the appropriate action. I look forward to your ehTliest reply. Sincerely, J Jo n J. Munro III o - M rc M M s iddulesex Street North Andover, Massachusetts Tel: 978.687.8091 Fax: 978.687.1971 01845 e-mail: munro@mdc.net xc: Mr. William Scott, Director of Community Services Mr. Mark H. Rees, Town Manager Mr. William Sullivan, Chairman, Zoning Board of Appeals Town of North Andover 0ORT11 Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Telephone (978) 688-9545 D. Robert Nicetta Fax (978) 688-9542 Building Commissioner Mr. Michael O'Connor 29 Milton Street North Andover, MA 0 1845 December 22, 2000 Dear Mr. O'Connor; Please be advised that it has been since August 22, 2000 since I have given you the denial for the dormer and shed located on your property. This department has yet to receive your application to the board of appeals and that this violation must be rectified before construction may resume on your property. The Zoning Ordinance of the Town of North Andover specifically states that in Section 10 (10.1) " The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail to the owner at the addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the.occupant at the address of the premises of such seeming violation. If after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectman shall institute appropriate action or proceedings.in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this bylaw." Section 10 (10. 1.3) further states " Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a Separate offense. (1986/15 Please be advised that a reasonable time has come and gone and that it is the intention of the department to start the violation as of August 22, 2000. Please file the appropriate paperwork in order to remedy this violation in a timely manner to avoid fin-ther costs. Respectfully, Michael McGuire Local Building Inspector Cc file D.Robert Nicetta, Building Commissioner BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 HEALTH688-9540 PLANNING688-9535 Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissi . oner Mr. John Munro III 105 Middlesex Street North Andover, MA 0 184 5 December 22, 2000 Dear Mr. Munro - ®R Telephone (978) 688-9545 Fax (978) 688-9542 Attached you will find a copy of a letter sent to Mr. O'Connor on this date. I must apologize for the delay in responding to you but as you are aware this is a volatile neighborhood dispute and required extensive investigation. I will be sending further correspondence to you as the process develops. Should you. have further questions I will return from vacation on January 2, 2001. 1 can be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at (978) 688-9545 Respectfully, Michael McGuire Local Building Inspector BOARD OF A-I'PEALS 68S-9541 BUILDrNG688-95,15 CONSERVATION 683-9530 HEALTH68.1-9540 PLAN-NING68S-9535 Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Mr. Michael O'Connor 29 Milton Street North Andover, MA 0 184 5 December 22, 2000 Dear Mr. O'Connor; Telephone (978) 688-9545 Fax (978) 688-9542 Please be advised that it has been since August 22, 2000 since I have given you the denial for the dormer and shed located on your property. This department has yet to receive your application to the board of appeals and that this violation must be rectified before construction may resume on your property. The Zoning Ordinance of the Town of North Andover specifically states that in Section 10 (10.1) " The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail to the owner at the addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to theoccupant at the address of the premises of such seeming violation. If after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectman shall institute appropriate action or proceedings.in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this bylaw." Section 10 (10. 1.3) further states " Whoever continues to violate the provisions of this Bylaw after written notice fi-om the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a Separate offense. (1986/15)" Please be advised that a reasonable time has come and gone and that it is the intention of the department to start the violation as of August 22, 2000. Please file the appropriate paperwork in order to remedy this violation in a timely manner to avoid further costs. Respectfully,_ Michael McGuire Local Building Inspector Cc file D.Robert Nicetta, Building Commissioner BOARD OF APPEALS 698-9541 BIALDING688-9545 CONSERVATION688-95330 HEALTH688-9540 PLANNING 6S8-9535 TO: D. Robert Nicetta FROM: Michael McGuire DATE: December 22, 2000 RE: 29 Milton St. Zoning Violation In regards to your letters of December 5,13 and 20 1 have done the following chronology of the properties located at 105 Middlesex St. and 29 Milton St. Attached you will find a letter to Mr. O'Connor as a final notice. 1) In July of 98 a plot plan was submitted showing an existing garage and the proposal for a larger garage for the property at 105 Middlesex St., on this plot plan it shows the surrounding structures but not Mr. O'Connor's shed. 2) A ZBA application was time stamped on August 6 of 98 please note that there is no building permit application in the file nor a denial form. 3) The ZBA held the meeting on 9/8/98 and there were no neighbors in attendance that objected according to the minutes dated 9/8/98 4) A building permit application was submitted on 11/12/98 and approved on 11/16/98. 5) A certified plot plan was submitted in regard to the garage and it was observed that the rear wall was in violation of rear setback as granted by the ZBA. 6) A meeting was held at the Community Development office on 12/31/98 between MT. Munro, Mr. O'Connor, William Sullivan and Walter Soule to try to calm the neighborhood dispute that has developed which at that time there was a discussion about the corrections to the garage rear wall and height as well as the illegal shed. 7) Building Department receives a phone message from O'Connor regarding the garage construction. 12/21/98 8) Building Department receives complaint from Veronica Tannert objecting to garage construction. 12/30/98 9) A letter from the Building Commissioner to the Munro in regard to the jog of the rear wall and the stop work order. 1/12/99 10) A letter from Bill Sullivan to Atty. J. Mahoney regarding the meeting of # 6 above. 1/19/99 11) A letter from Town Counsel to Building Commissioner re: construction corrections to rear wall of Munro garage. 1/26/99 12) A letter from Town Counsel to Munro counsel regarding requirements for above noted corrections. 1/26/99 13) Building Dept receives complaint from Linda Montminy in regards to garage construction. 1/27/99 14) A letter from Kathryn Tannert to ZBA objecting to garage construction. 2/l/00 15) A letter from David & Karen Towler to ZBA chair in objection to garage construction.2/2/99 16) A letter to Fran DiNuccio from Walter Soule responding to questions regarding abutters. 2/3/99 17) An article in the Eagle Tribune in regard to the neighborhood dispute which also brings up the unpermitted shed. 2/19/99 18) An electrical permit was applied for and received for the garage on 4/7/99. #1586 19) A letter was sent to S.E. Cummings surveyor in regards to the plot plan accuracy of the Munro property as Mr. O'Connor has been in many times questioning the accuracy of same. 8/4/99 20) Second letter requesting as above. 9/20/99 21) Received above requested info from S.E.Cummings on 9/27/99. 22) A complaint from Munro against O'Connor in regards to the shed. 12/3/00 23) May 23, 2000 — A permit for bath remodel, roof and chimney repair was applied for and did not describe any other exterior alteration. Permit #237. 24) June 27, 2000 - A complaint was received from Mr. & Mrs. William Young regarding non conforming lot/structure and construction of a dormer. 25) July 11, 2000 - A cease and Desist order was issued for construction of a dormer relative to a bath remodel issued by Michael McGuire. 26) July 12, 2000 - My response to Mr. & Mrs. William Young 27)'August 18, 2000 — Building Department received a plot plan and a denial was issued for non- conforming structure/lot for shed and dormer. 28) August 22, 2000 — Letter from Michael McGuire to Mr. O'Connor regarding denial. 29) August 25, 2000 — Memorandum to W. J. Scott, Director of CD&S regarding 29 Milton Street 30) December 31, 1998 — A meeting was held between ZBA Chairman William Sullivan, Vice Chair Walter Soule, Mr. Munro, and Mr. O'Connor to discuss resolution of garage as well as shed on the O'Connor property. 31) December 3, 2000 — Received a letter from Mr. Munro to Building Department regarding shed and violation. 32) December 22, 2000 fmal notice to Mr. O'Connor implementing penalty. Mr. Michael O'Connor 29 Milton Street North Andover, MA 0 1845 December 22, 2000 Dear Mr. O'Connor; Please be advised that it has been since August 22, 2000 since I have given you the denial for the dormer and shed located on your property. This department has yet to receive your application to the board of appeals and that this violation must be rectified before construction may resume on your property. The Zoning Ordinance of the Town of North Andover specifically states that in Section 10 (10.1) " The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail to the owner at the addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectman shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this bylaw." Section 10 (10. 1.3) further states " Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a Separate offense. (1986/15)" Please be advised that a reasonable time has come and gone and that it is the intention of the department to start the violation as of August 22, 2000. Please file the appropriate paperwork in order to remedy this violation in a timely manner to avoid further costs. Respectfidly, Michael McGuire Local Building Inspector Cc file D.Robert Nicetta, Building Commissioner Mr. John Munro III 105 Middlesex Street North Andover, MA 0 1845 December 22, 2000 Dear Mr. Munro Attached you will find a copy of a letter sent to Mr. O'Connor on this date. 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