HomeMy WebLinkAboutMiscellaneous - 29 MILTON STREET 4/30/2018 (3)I
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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
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ABUTTERS
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PARCEL
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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.
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OWNER OF RECORD: JOHN J. & GAIL E. MUNRO
105 MIDDLESEX STTEET
NORTH ANDOVER, MA 07845
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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:
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PAX N7,WB U R: x4o(or PAOUINCLUDING COVES!
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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.
The legal notice was posted on the Town Hall bulletin board 2 weeks prior to the meeting date of 9/8/98.
We followed the guidelines and procedure according the our standard process.
If you wish to pursue the matter with the Assessor's office as to why your name was not listed on the
certified abutters list then by all means feel free to do so,
Best regards,
Walter F. Soule
Acting Chairman
Zoning Board of Appeals
cc: Garrett Boles, Assessor
Robert J. Halpin, Town Manager
Keith Mitchell, Chairman BOS
John Leeman, BOS
Willliam I Sullivan, ZBA
William I Scott, CD&S
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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?
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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
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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
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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
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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
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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:
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MR 01'�Tls
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PROPERTYOWNER: Mtc�ad i
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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 --
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26.26'
MAP 31 PARCEL 34
N/F
JOHN & GAIL
MUNRO
NO. 105 MIDDLESEX ST.
COO
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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.
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(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. 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 ffirther questions
I will return from vacation on January 2, 200 1.
I 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
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