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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
...... 19:R6
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on. Tue .5 4 ay.,. .
-eyening .. .... the - 1.3 . day of - May ................. .
19. 8 6, at - 7 : O'glock, to all parties interested in the appeal of
Center Realty. Tyus-t ............................
requesting a vwdxtd=KNSWXPa.rty. Aggreivefthe Zoning
By Law so as to permit ... the. second.floor...of. the..* ub ject
premises to be used as a spl4ce of assembly
fo''r'l'50'pbr's6hs (With a- ffiakimum'of-200' *persons
.in.-th.e.b.uil.din.g.a.t.one..time .................
........................................ : .........
......................................................
on the premises, located at.. 3. G re.at. Pon.d. R.d ..........
.......................................................
By Order of the Board of Appeals
Frank Serib, Jr., Chairman
.Publish in N. A. Citizen on April 24, & May 1,
Bill to Center Realty Trust of N..A .1986
P. 0. Box 111, N. Andover, MA 01845
9
R
Legal Notice
TOTIN OF NORTH ANDOVER
bi,ARD OF APPEALS NOTICE April 22, 1986
Notici is hereby given that
01 l.... 4, the Board of Appeals will give a
hearing at the Town Building,
0 North Andover, on Tuesday
evening
the 13 day of May, at
7:30 o'clock, to all parties in-
terested in the appeal of Center
Realty Trust requesting a Party
Aggreived of the Zoning By Law so as to permit the second
floor of the subject premises to be used as a place of
assembly for 150 persons (with a maximum of 200 persons
in the building at one time) on the premises, located at 3
Great Pond Rd..
By Order of the Board of Appeals.
Frank Serio, Jr., Chairman
Publish N.A. Citizen: April 24 and May 1, 1986 g20
.0
"OnTh
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Center Realty Trust
3 Great Pond Rd. I
N. Andover, MA 01845
Date: Aprii 28, 1986
Dear Applicant: 4
Enclosed is a copy of the legal notice for your I application before
the Board of Appeals.
Kindly submit $-5.72 for the following:
Filing Fee $— Paid "b
Postage $ 5. 72
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
Audrey W. Taylor, Clerk
4
Ni
Legal Notice
_Yn_WN_& R—ORTH ANDOVER
B(,ARIYOF APPEALS NOTICE April 22, 1986
T Notice is hereby given that
the Board of Appeals will give a
ZI hearing at the Town Building,
North Andover, on Tuesday
evening, the 13 day of May, at
7 30 o'clock, to all parties in -
3 ..... ... terested in the appea�Df Center
." us Really Trust requesting a Party
Aggreived of the Zoning By Law so as to permit the second
floor of the subject premises to be used as a place of
assembly for 150 persons (with a maximum of 2�O persons
in the building at one time) on the premises, located at 3
Great Pond Rd..
By Order of the Board of Appeals.
Frank Serio, Jr., Chairman
Publish N.A. Citizen: April 24 and May 1, 1986 g20
Legal Notice
AENT CONCERNiNG
:ARE FACILITY
4
je, Des Moines, Iowa 50309 , intends to tile
ment of Public Health for a Determination of
y with 4� Level 1/11 beds, in a continuum of
ire community at 547 Osgood Street, North
dossif ied
_e
Lessard Env��/',,,Inmental, Inc.
Innovative Solutions * Effective Results * Professional Relationships
46R Prince Street
Danvers, Massachusetts 01923
September 29, 2004
Director
Health Department
Town of North Andover
27 Charles Street
North Andover, MA 01845
Re: Notification of Submittal
Immediate Response Action Completion Statement
-, Nor�ffi-Parish. Chu rch
3 Great Pond Road
1Z
�-�40rffi:A v
MA DEP RTN 3-24081
Dear Sir or Madam:
www.Lessard-Environmental.com
TEL 978-777-2300
FAX 978-777-4355
As promulgated within 310 CMR 40.0000 of the Massachusetts Contingency Plan (MCP), this letter serves
as official notification that an Immediate Response Action (IRA) Completion Statement has been
submitted to the Massachusetts Department of Environmental Protection (MA DEP) for a release of #2
fuel oil from a former underground storage tank (UST) at the above -referenced location.
If you should have any questions regarding this submittal or would like to obtain a copy of the IRA
Completion Statement, please do not hesitate to contact our office.
Sincerely,
Lessard Environmental, Inc.
Marc E. Brochu
Project Manager
PC: Town of North Andover
Chief Municipal Officer
MA DEP Northeast Regional Office
Bureau of Waste Site Cleanup
Mr. Karl Kober
North Parish Church
Rhode Island Connecticut New Hampshire
1920 Mineral Spring Avenue TEL 401-353-7066 103R Phoenix Avenue TEL 860-741-3388 340 Central Avenue TEL 603-740-0040
Sufe9/10 FAX 401-353-7067 Enfield, CT 06082 FAX 860-741-3399 Suite 203 FAX 603-740-0041
North Providence, R1 02904 Dover, NH 03820
0
,ACHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
June 2, 1986
Center Realty Trust'of N. Andover
P * 0. Box 111
2 Johnson St.
N. Andover, MA 01-845
Gentlemen:
The Board voted at the May 27, 1986 meeting to deny your petition
as a Party Aggrieved for reversal of the.Building Inspector's
decision of August 20, 1985.
It is the opinion.of the Board that you should reapply for a
Special Permit under Section 10.32 of the Zoning ByLaws to
cover both first and second floors of.the building in question.
If you have any questions regarding this matter, please call the
Board of Appeals office between 8:30 a.m.. and 12 noon on Monday,
Wednesday or Thursday, 683-7105.
Sincerely,
rank Serio,,��r. Chairman
BOARD OF APPEALS
/awt
cc: Building inspector
CENTER REALTY TRUST OF NORTH ANDOVER
Post Office Box 111
North Andover, Massachusetts 01845
April 18, 1986
Frank Serrio, Jr., Chairman
North Andover zoning Board of Appeals
Town Hall
North Andover, MA 01845
Re: 3 Great Pond Road
Dear Mr. Serrio:
Enclosed herewith please find the following:
1. Application for Relief as a Party Aggrieved by a
Decision of the Building Inspector;
2. Copies of floor plan for first and second floors of
the building at 3 Great Pond Road; and
3. Check in the amount of $25.00 representing the
Application filing fee.
We are aware that the Board of Appeals normally requires a
survey plan to be submitted with all Petitions. However, due
to the nature of the relief sought, we feel that the attached
floor plans will better aid the Board in its review.
If you require any further information or material, please
do not hesitate to contact me immediately.
Thank you for your attention to this matter.
Very truly yours,
Eugene H. Avrett, Managing Trustee
Center Realty Trust
EHA/ptd
Enclosures
1755p
q0
MEMORANDUM
TO: North Andover Board of Appeals
RE: Petition of Center Realty Trust
3 Great Pond Road
North Andover, Massachusetts
Statement of Facts:
In September of 1984, the Petitioner, Center Realty Trust,
purchased from.the North Andover Grange the building at 3 Great
Pond Road. The building is a wood frame structure built: in
1910 and is located in a Residence 3 zoning district. Prior to
the time of the purchase, the Petitioner negotiated a lease
with the Nevins Adult Center for the use of the first floor.
After renovations to the building to accommodate the needs
of the first floor tenant and to comply with the
recommendations of the Building Inspector to make the first and
second floor of the building safer, the Center Realty Trust was
given a Certificate of Use and Occupancy to allow the building
to be occupied as "alterations to Grange Building". As the
Building Inspector made specific recommendations during the
renovation so as to make the second floor safer for groups and
social gatherings, the petitioner understood this occupancy
permit to allow it to continue the use of the second floor of
the building as a place of assembly.
Later the Center Realty Trust was informed by the Building
Inspector that he would not permit the use of the second floor
as a place of assembly for rental to various groups for social
gatherings.
The Building Inspector relies on the North Andover Zoning
By -Law and the State Building Code. Specifically, he relies
upon the North Andover Zoning By -Law, Section 4.121 and Table 1
(Summary of Use Regulations) which prohibit the use of a
building as a place of assembly in a Residence 3 district, and
upon Table 305 of the State Building Code which limits the use
of wood frame buildings as places of assembly (A-3 use) to the
first floor only.
The center Realty Trust has filed a petition with the North
Andover Zoning Board of Appeals as a party aggrieved from a
decision made by the Building Inspector pursuant to
Massachusetts General Laws, Chapter 40A, Section 8 and Section
10.4 of the North Andover Zoning By -Law.
Discussion of Merits of Appeal:
As stated in the Petitioner's Application, during the time
the North Andover Grange owned the building, the Grange
continually used the entire building as a place of assembly
from and after its construction in 1910. The Grange's records
make numerous references to hall rentals throughout its
ownership of the building.
The North Andover Zoning By -Law was adopted in 1943, and
zoning districts, within which only certain enumerated uses
were permitted, were established. The building is in a
Residence 3 district where a place of assembly is not permitted
without a variance.
However, Massachusetts General Laws, Chapter 40A, Section 6
and Section 9.1 of the Zoning By -Law specifically provide for
the continuance of pre-existing non -conforming uses.
-2-
Since the building was being used as a place of assembly
prior to the enactment of the Zoning By -Law, and as such use
has continued to the present, the use of the building as a
place of assembly constitutes a pre-existing non -conforming
use, the continuation of which is permitted under Massachusetts
Statute and the North Andover Zoning By -Law. .
The State Building Code also provides for some
"grandfather" -protection of buildings existing prior to the
enactment of the Code. See Massachusetts General Laws, Chapter
143, Section 92.
Sections 105, 119 and 2200 of the State Building Code
provide for continuation of non -conforming uses,
notwithstanding Table 305, provided that various other Code
sections are complied with. As the Building Inspector does not
rely on any other portion of the Building Code, other than the
use requirements of Table 305, as the basis for prohibiting the
use of the second floor as a place of assembly, the
non -conforming use must be allowed to continue.
In addition, Section 308 of the State Building Code
entitled "Height Exceptions" provides that upon the
installation of approved sprinkler sys tems, a building may be
erected one story higher than permitted in Table 305. As the
proposed use of the building is classified as A-3 under Table
305, the installation of a sprinkler system would enable the
Petitioner to use the second floor as a place of assembly, even
without relying on the so-called "grandfather provisions" of
the Building Code. The petitioner has offered to install a
-3--
0
complete sprinkler system throughout the structure in order to
satisfy the Bu ilding Inspector's concerns regarding fire
safety, yet the Building Inspector has indicated that he will
not allow the use of the second story as a place of assembly,
even upon the installation of a sprinkler system.
Summary of Relief Sought:
The Petiti.oner seeks an order from the Board of Appeals
directing the Building Inspector to issue a Certificate of Use
and Occupancy allowing the use of the second floor of the
building as a place of assembly, conditional upon the
installation and approval of a complete sprinkler system
throughout the building.
In the alternative, the Petitioner seeks a decision by the
Board stating that the use of the second floor of the building
as a place of assembly constitutes a pre-existing non -conforming
use and that said use may continue provided the building meets
the requirements of the State Building Code taking into
consideration the provisi-ons in the Code relating to
pre-existing buildings.
Respectfully submitted this 13th day of May, 1986 by Center
Realty Trust,
GRE -AT POND Rc)AD
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EXHIBIT E
CENTER REALTY TRUST OF NORTH
Post Office Box 111
North Andover, Massachusetts
April 4, 1986
Charles Foster
Inspector of Buildings and Zoning Officer
North Andover Building Department
120 Main Street
North Andover, MA 01845
Re: Grange Building, Great Pond Road
Dear Mr. Foster:
ANDOVER
01845
As we have discussed by telephone, to address your concerns
over fire safety, the Center Realty Trust would be willing to
install a complete sprinkler system in the building. This
system,, in addition to other renovations undertaken at your
request, should be sufficient to allow us to use the second
floor of the Grange Building as a place of assembly for a
maximum of 150 people.
As I have previously told you, I met with Chief Dolan of
the North Andover Fire Department on March 20, and he indicated
to me that the Fire Department would voice no objection to use
of the second floor as a place of assembly after the
installation of a complete sprinkler system (subject to
inspection and approval by the Building Inspector and the Fire
Department) .
You have indicated to me that you will refuse to issue an
occupancy permit for use of the building as a place of assembly
for a maximum of 150 people even if such a system is
installed. We feel that this position is unreasonable and in
contravention of the provisions of the North Andover Zoning
By -Laws and the State Building Code.
Charles Foster
April 4 ' 1986
Page -2-
Therefore, I must consider this to be your f inal word on
the subject. Accordingly, I hereby notify you that I have
directed our attorneys to prepare an application to the North
Andover Board of Appeals seeking relief from Your decision.
Very truly yours*
a I
a
Eugene H. Avrett, Trustee
Center Realty Trust
EHA/pt d
1661p
cc: Kevin B. Griffin, Trustee
Samuel S. Rogers, Trustee
Asoian & Tully, Attorneys at Law
Is
0
EXHIBIT F2 PAGE I OF 11
1933-36 Grange Record Book
References to Rental Income
January 15, 1935, page 71: "Bro Meade stated that from now on rent for
the Hall would be $7 for the lower hall and $13 rent for both."
November 19, 1935, page 102: "Bro Meade of the Ex Com said that the Hall
had been let for Fri night to the John Sloane Co for a farm movie & Sat
night for a banquet and a little later for a football celebration."
1937-38 Grange Record Book
References to Rental Income
"Hall let" May 3, 1938
1185 made from rental of hall during past few months" December 20, 1938
"Request for Hall" February 21, 1939
1939-44 Grange Record Book
Notations of Rental Income
Unidentified $5, 189 109 27, 12, 79 189 10, 279 13, 79 79 79 20
Pomona $10, 11
Taxpayers Association $12
Little Red Schoolhouse $2
1944-48 Grange Record Book
Notations of Rental Income
Unidentified $18, 13t 79 79 529 13t 79 10, 359 159 27p 209 7t 279 10.
439 18, 309 18, 19, 519 109 109 409 509 25t 159 15, 159
55, 309 259 15
Little Red Schoolhouse $4, 29 29 39 29 4v 29 29 29 39 1, 29 39 3
Dance $135
EXHIBIT F, PAGE 2 OF III
1949-50 Grange Record Book
References to Rental Income
March 15, 1949, page 26, rent $15
May 3, 1949, page 39, rent $30
June 21, 1949, page 47, rent $15
September 6, 1949, page 55, "Have rented Oct 8 wedding reception"
October 18, 1949, page 69, rent $15
December 6, 1949, page 82, rent $40
January 21, 1950, page 99, rent $15
February 7, 1950, page 99, rent $15
March 21, 1950, page 111, rent $15
April 14, 19509 page 116, rent $15
1950-53 Grange Record Book
Notations of Rental Income
Unidentified $15, 8, 15, 25, 25, 15, 17, 12
Alcobolics Anonymous $9, 15, 12, 15, 12
Davis and Furber $25
Pomona $30
Andona Society $15
Little Red School House $5
1953-55 Grange Record Book
Notations of Rental Income
Alcoholics Anonymous $12, 12, 15t 12, 159 249 159 12, 129 159 120 129
15v 12, 12, 12t 25, 129 15, 159 12, 12, 159 129
12, 27, 25
Pomona $30, 15, 15, 25, 19, 18
Unidentified $6, 15, 15
N. E. Milk Producers Asscciation $15
Mrs. Eliot dance $15
EXHIBIT F� PAGE 3 OF 11
1955-58 Grange Record Book
Notations of Rental Income
Alcoholics Anonymous $12, 129 259 12t
27t 39, 15t 28
La Belle $15, 45, 159 15t 15
Unidentified $30, 159 30
Dances $15, 14
Glennie Co. $8, 7
Pomona $20, 20
General Mills $30
Albert Currier $20
A. Garneau $45
Stevens Mill $20
Peterson $20
1958-61 Grance Record Book
Notations of Rental Income
15, 259 12, 12, 12t 12, 54, 12
Alcoholics Anonymous $36, 169 169 369 16v 209
26, 56, 16, 169 16
Unidentified $36, 20, 509 30, 40, 20, 46, 65,
Dances $25, 20, 359 40t 20
Pomona $15, 179 12
Mitchell $35, 209 25
Fair $400
La Belle $15
Avco $15
McAloon $15
Rosa Samel $15
DeMolay Mothers $5
16, 16, 20, 16, 169 20v
10v 36, 20, 409 35
EXHIBIT FY PAGE 4 OF 11
1961-63 Grange Record Book
Notations of Rental Income
Alcoholics Anonymous $20, 26v 209 16, 169 369 16, 16,
16, 20, 16, 369 16, 14v 32t 16
Dances $16, 20, 20, 20, 60, 209 20t 20, 20, 40, 20t 40
Unidentified $16, 1109 659 91, 30, 81v 80, 20, 35, 35,
J. J. Mahoney $15, 159 15, 15, 159 15, 159 15
Church $15, 15, 159 20, 10, 40, 40
Merrimack College $20, 20, 20, 35, 20
Withington $20, 20, 20
Pomona $10, 109 20
Auctions $40, 20
Aziz $15, 31
Baptist Church $30, 70
Campers $15, 15
Owen Sherrill $15, 30
Raytheon $40, 20,
Lions Club $85, 35
M. Galloni $25, 15
Shawsheen Heights Bowling League $35, 35
Shawsheen Heights Association $35, 35
Newton $30
Murphy $15
M. Klaiman $20
George Haigh $15
M. Kellar $20
Explorer Scouts $15
Bettencourt $20
M. Gardner $15
M. Smith $15
Stardust $20
Camuso $15
Rich Yorkham $20
Ed Green $15
Dawson shower $15
Rocketeers $20
Phi Beta Kappa $15
Wolverine Equipment Co. $20
Western Electric $20
L. Valiere $20
Livesey $15
Caputhrian Club $15
La Rosa $15
Henshaw $20
Erwin Musen $20
MlIntyre $15
50, 32, 20, 16, 16,
M-1
EXHIBIT F, PAGE 5 OF 11
1963-67 Grange Record Book
Notations of Rental Income
Unidentified $90, 66, 75, 47, 28, 41, 115, 72, 309 1269 35, 76t 459 1939
15, 909 859 315, 115, 165� 2209 210
Church $75, 70, 75
Firs. Lonco $40, 50t 30
Turkey Town Troters $80, 45
Rocketeers $30, 45
Jacob Pitman $20
Mrs. Jorcenson $20
D. Livesey $20
J. Young $'15
Campers $45
Stan Randmut $30
Eaton $35
Purdy $20
EXHIBIT F, PAGE 6 OF 11
1967-69 Granae Record Book
Notations of Rental Income
Rocketeers $45, 10, 50, 15, 45, 75, 60, 50, 40, 30, 60, 75, 60, 105
Church $70, 1101, 1459 60, 609 85, 110v 1109 1002 1009 1259 125, 100
Turkey Town Trotters $90, 15, 90, 909 609 1159 90, 100, 909 609 75, 105
Unidentified $2, 290, 320, 2, 125t 11 290, 20, 2659 3, 3
Mrs. Longo $30, 40, 409 30, 409 50, 60, 209 40, 40
Pomona $14, 10, 10, 299 10, 109 23, 10
Campers $15, 15, 15, 159 20, 20, 30
Jaycees $35, 15
Gailey $15, 15
Boy Scouts $20
North Parish Youth Group $95
High School $15
Bowling League $35
Massicutte $15
B. Calder $35
Cutler $35
Bean Supper $74
Mason $45
Mrs Daley $15
Reita $15
McKinnon $45
Bible School $20
Bill Calder $35
Furnari $15
Mary Richards $20
Hutchings $35
Hibernians $45
Lawton $30
Mrs. Galloni $20
Fellowship Bible Church $10
E. Roberts $10
Dewhirst $20
EXHIBIT F, PAGE 7 OF 11
1970-72 Grange Record Book
Notations of Rental Income
Turkey Town Trotters $75, 90, 75, 85, 75, 30v 75, 90, 125t 909 1109 110,
759 85, 30, 60, 75, 90, 90v 759 105
Rocketeers $15, 609 75, 609 159 55t 15, 459 75, 609 459 60, 45, 609 409
609 60, 60
Mrs. Longo $30, 40, 30, 40, 130, 60, 20, 909 1209 60, 90, 90, 135, 509
60, 1209 90, 90
Camers $20, 20, 15, 20, 20, 20, 40, 409 20, 40, 209 40
Red School House $10, 10, 10, 5, 10, 59 5, 10, 5, 109 5, 7
Square dances $15, 15, 15, 15, 15, 15, 15
Pomona $10, 10, 30, 72, 10
Prancers $15, 15, 1.5, 15
Smokey Bears $60, 60, 459 45
Boosters Club $15, 15, 20
NEBA $15, 15, 15
Rock $45, 60
Fair proceeds $407, 20
Methodist Church $15, 40
Barn sale $149, 109
Home and Community Service $12, 16
E. Gailey $15, 15
N.A. Hockey League $10
Western Electric Square Dance $30
Masons $20
Jaycees $35
North Andover Historical Society $15
Girl Scouts $15
Bud Cyr $15
Dick Steele $15
Prussman $15
Mosher $20
B. Hughes $15
B. Calder $35
M. Bodge $15
Plyblood $35
Ziclinski $60
Lafond $15
Long $60
Aziz $15
A. Mitchell $20
Smolak $75
P. Messina $20
Jay Coss $20
Unidentified $15, 55v 44, 159 20, 95, 140t 210
EXHIBIT F, PAGE 8 OF 11
1972-75 Grange Record Book
Notations of Rental Income
Turkey Town Trotters $65, 30, 60, 80, 100, 1409 80, 75, 120
Prancers $30, 15, 159 15, 20v 20, 209 20
Rocketeers $45, 809 100, 80, 509 609 45
NEBA $159 15, 20, 20, 20, 20
Fellowship Bible $175, 225, 75, 40, 225
Linda Dance School $45, 30, 309 100, 80
M. Richards $120, 1609 40, 1609 120
Campers $20, 409 20, 20
Mrs. Longo $135, 150, 75
B. Watson $40, 40, 20
Pomona $10, 10
Smokey Bear Square Dancers $90, 60
Leo Brazeau $15, 15
Lawrence Episcopal Church $20
Church supper $50
Board of Trade $25
Scotch Clan $40
N.E. Bonsai Association $15
P. Aziz $25
E. Gailey $20
Tom Emmett $25
Jolen Itend $20
Mike Young $40
Pilot Club $30
Unidentified $255
EKHIBIT F, PAGE 9 OF 11
1975-77 Grange Record Book
Notation of Rental Income
M. Richards $2009 140t 140, 80p 180, 100j 3009 1209 160, 20, 60, 100
609 809 180, �60
Prancers $207 209 209 20, 20, 20, 20, 20, 60, 40, 209 209 40, 20t 20, 20
Fellowship Bible Church $225, 200, 2259 2259 225, 2009 225, 2259 100,
225v 225, 200, 225, 200, 75
CaWers $20, 20, 409 20, 209 409 40, 20, 20, 20, 209 40
Cascade Kickers $1209 100, 40, 240, 609 80t 80, 60� 60, 320v 1802
M. Young $160, 80, 100, 409 180t 140, 1409 180
Bonsai $20, 409 20, 20, 20t 20
Pomona $10, 10, 10, 10, 10,
Tom Emmett $259 45, 259 50, 25
Board of Trade $259 20, 209 25
Unidentified $20, 119 409 20
Turkey Town Trotters $60, 809 209 20
Rocketeers $659 209 60
Barn sale $138, 4, 173
Showers $25, 259 20
NEBA $209 20
D. Sprague $509 100
K. Ivers $25, 20
Auction $20
Square dance $20
School Teacher's Association $20
Merrimack College $150
Boosters $20
Mark Salvo $20
Mary Leavitt $45
D. Mifflin $50
T. Lawton $20
T. McEvoy $20
Bruce Allen $20
Mary Richards $160
Claire Bradley $25
Mike Hendryn $20
M. Torosian $25
Becudorn $25
Eleanor Gailey $20
G. Robinson $25 ,
N. A. Hockey Team $25
L. Doycette $25
S. Furnari $25
EXHIBIT F7 PAGE 10 OF -11
1977-80 Grange Record Book
Notations of Rental Income
Chippendale School of Dance $60, 60,
Rev. Candiano, $35, 160, 70, 30, 140,
Unitarian Church $35, 155, 1409 140
Mary Richards $105, 2109 150, 140
Boosters Club $30, 30
Aziz $30, 30
Unidentified $405, 30
Church Theater Group $70
M. Lord $30
Hockey League $35
Me Bailey wedding $30
Bailey $30
Murray $35
Emmett Bowling $35
Walche $35
McFvoy $35
Andover Hockey $30
Textile Museum $60
Lawrence Public Library $35
70, 270, 140, 70, 70, 105
1409
Copy of newspaper advertisement, January 6, 19799
indicating the availability of the Hall for showers,
weddingsl reunions, anniversaries, and other events
Sat.urday, hinuary 6,Tl'g 7j �q
Grange Hall
Old NorO Andover Center
A,oiloble for,
Sho.ers
Weddings
e Reunions
* Annivefsories
* Other events
686-4092,
or
683-7569
EXHIBIT F, PAGE 11 OF 11
1980-83 Grange Record Book
Notations of Rental Income
Chippendale School of Dance $105,
70,
180P
909
210,
120,
Christian Life Community Church $210,
Unidentified $70, 1209 10
McAvoy $35, 35
Tom Emmett $35, 35
Boston University $720
Andover Youth Hockey $30
N.A. Hockey League $35
N.A. Soccer Association $35
N.A. Boosters Club $35
Republican Committee $35
North Andover Historical Society
$35
Turkey Town Trotters $30
Claire Ford $35
Abernathy $30
Canty $30
A. Vitore $30
L. Krussell $30
Lorraine Sabine $35
Barry Sullivan $35
Wentworth $35
Brandon Melvin $35
Jack Birch $35
Frank Colizzi $40
Michael Clark $35
Dubois $30
Arthur Chase $30
Pelletur $35
Joyce Tucker $40
John McAndrew $35
1409 135, 90, 150, 30, 30, 30, 30,
60, 310, 175, 105, 2109 1059 280,
301 180, 315, 420, 315, 315, 3159 300
709 210, 30, 60, 609 40, 309 70
SUPPLEMENT TO EXHIBIT F
1921-27 Grange Record Book
References to Rental Income:
December 18, 1923, page 85: "ADTM Committee said they had
raised the rent of the halls to $18.00."
Rental income received $122.55, $60.00.
Unitarian Society used hall for dance. American Legion
used hall for rehearsals and a play. Anna Knowles used
upper.hall for a recital.
(There are many references to rental of upper and lower,
halls for dances, carnivals, fairs, auctions, suppers, and
bakery sales.)
1927-32 Grange Record Book
References to Rental Income:
Rental income received $178.00.
Halls used for Church activitiest fairs, clambakes and
suppers. Upper hall used for dances and minstrel shows.
The 1933-36 Record Book refers to an event in the upper hall
attended by 195 people.
SUPPLEMENT TO EXHIBIT F
1921-27 Grange Record Book
References to Rental Income:
December 18, 1923, page 85: "ADTM Committee said they had
raised the rent of the halls to $18.00."
Rental income received $122.55, $60.00.
Unitarian Society used hall for dance. American Legion
used hall for rehearsals and a play. Anna Knowles used
upper.hall for a recital.
(There are many references to rental of upper and lower
halls for dances, carnivals, fairs, auctions, suppers, and
bakery sales.)
1927-32 Grange Record Book
References to Rental Income:
Rental income received $178.00.
Halls used for Church activities, fairs, clambakes and
suppers. Upper hall used for dances and minstrel shows.
The 1933-36 Record Book refers to an event in the upper hall
attended by 195 people.
INSPECTOR OF BUILDINGS
ELECTRICAL INSPECTOR
GAS INSPECTOR
NORTH ANDOVER BUILDING DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01845
May 13, 1986
BooAd o4 Appeatz
Town 044ice Buitding
Noxth AndoveA, Ma.
Re: CeAtM ReattV T�Lu/st
GeWemen:
EncZo,sed heAewith you witt 4ind copin o4 my
deci,sion in the matteA o� the "GAange HaU".
VeAy tkuty yow&s,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS
CHF-taj
Enc.
TEL. 688-8102
Ap&�t 7, 7986
CenteA Reatty TA"t
P.O. Box I I I
Noxth AndoveA, MA.
Attention: M)t. Eugene Amett
Re: GAange BuitdLng, Guat Pond Road
Deat siv,
You,% entAeatieA and demand6 have SaUen on dea6
eau My dec"ion, a.6 outUned in my tWeA to you o6
Auqu,,6t 20, 1985, .6titt,6tancfA, without any comptomiae.
VeAy ttuty youu,
CHARLES H. FOSTER
INSPECTOR OF BUILVINGS
AND
ZONING OFFICER
CHF: aj
P.
NORTH ANDOVER BUILDING DEPARTMENT
120 MAIN STREET
NORTH ANDOVER, MA 01845 0
INSPECTOR OF BUMIDINGS TEL. 688-8102
ELECTRICAL INSPECTOR
OAS INSPECTOR
August 20, 7985
M&. Eugene Amett:
Re: Attowed Uses oj Second Ftoo,% o6 "GAange"
Buif-ding., Guat Pond Road
Deat Si&:
le -
The use o6 the "GAangell buitding is contAotted by the Uni6okm
State &dWng Code and the Nox-th AndoveA Zoning By Laws. The Buitding
Code de6ines accommodations 6o& 50 ot mou peopte as a "Ptace o6 Azsembty."
The azzembty use pupozed 6atts in Assembty Use Gtoup A-3. Tabte 305 o6
the Buitding Code entitted "Height 6 A&ea Limitations o6 Buitdings" timits
A-3 use to. the 6ix6t stoty o6 wood 6,tame buitdings; theAe6oke, not mme
than 49
peopte may use the second itoot at any one t,&ne. An appeae 6jLom
these uqOAementz may be taken as de,6cAibed by Section 126 o4 the Buitding
Code. Att peAtinent ptovisions o6 the Buitding Code aAe enctosed 6ot yoUA
edi6ication.
The appf-ication o6 the No,%th AndoveA Zoning By Law to the buif-ding
is much mou compticated. A myAiad o6 decisions exist at al tevet6 o6 oUA
judiciat system,conceAning the continuance oA change o6 tawSut nbn-con6oAming
uses. - The'key wotd is "taw6ut—l'
NoAth AndoveA adopted its Jiut Zoning By Law*�,n 1943 and this akea
was zoned &esidentiat (as it is today.) On�y those non-,tuidentiat uses
being made o6 the buitding at that time coutd taw6utty be continued. In-
6mmation ugaAding those uses o6 42 yeau ago a extAemety Umited and theAe-
6o,te, any decision teached by me must be so conseAvative as is neces.6aAy to
putect the tesidentiat aAea.
Ce&tainty the "GAange" used the ptextsez then, but they GAe now gone
and so is thei& tawiue non�con6oAming use. The buitding was appatentZy Aented
to otheA g4oups, but we do not know.how o6ten,,, how many, what 6toot, ot (most
impottant) i6 pAio,% to 1943.
I consideA the use o6 the second 6took o6 the buitding 6o,% otheA
than tetigious, educationat'. o,% community o4iented gtoups a change o4 use
that cannot be attowe.d.
tp�
At. Eugene*Amett
lFla
August 20, 1985
I .6uggest that you study Section 9 o4 the No&th Andovek Zoning
By Law.6 and ChapteA 40A o4 the GeneAat Laws to hetp you betteA undwtand
the te"oning behind this deci.6ion.
In concta6ion, onty tetigiows, educationat, and community
otiented gAoupA o4 te,6z than 50 may use the second 6took o4 the "Gtange"
buitding.
VeAy tkuty youu,
CHARLES H. FOSTER
INSPECTOR OF BUILDINGS
AND
ZONING OFFICER
CHF: a.6
Enc.
,a
shall op
%ed
,ppea a�tcr t�le
p1r0i ,
01 J&jn
date 01 j tkie
��j the 0"ce C)
SSACHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD 0 F APPEALS
Mr. Daniel.Long, Town Clerk
Town Office Building
North Andover, MA 01845
Dear Mr. Long:
R, E C
TOW I
Nau
JUN 3 16 54 AM %
May 30 , 1986
Center Realty Trust of N. Andover
3 Great Pond Road
Petition #93-86
The Board of A.'ppeals held a public hearing on May 27, 1986 upon the application
of Center Realty Trust of North Andover as a Party Aggrieved, for review of a
decision made by the Building Inspector to restrict the use of the second floor
to under 50 people at one time. Center Realty would like this figure to be
increased to 200. The following members of the Board were present and voting:
Frank Serio, Jr., Chairman, Alfred Frizelle, Esq., Vice-chairman, Augustine
Nickerson, Clerk, William Sullivan and Walter.Soule.
The hearing was advertised in the North Andover Citizen on April 24, 1986 and
May 1 , 1986 and all abutters were notified by regular mai I . The Board of
Appeals voted to DENY this petition as a Party Aggrieved, for review of a
decision made by the Building Inspector or other authority because the petition
er did not meet the statuary requirements of appealing within 30 days of the
Building Inspector's letter of denial (10.4 'of Zoning Bylaw). Vote unanimous.
Motion made by Mr. Frizelle and seconded by Mr. Soule to DENY the petition
as requested for above mentioned reasons. Board suggests a reapplication by
Center Realty Trust of North Andover for a special permit be submitted for
consideration.
Sincerely,
Frank Se,rio, JrV, C n
BOARD OF APPEALS
/awt
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
P, E C F 11 F. �7)
T 0. �Y%
N OR T 11 E R
JUN 3 10 54 Ati'86
Date ... y 2.7.,..1.9 8.6 ...........
Center Realty Trust of N. A.
P. 0. Box 111 petition No.. 9.3 - 8.6 ..............
2,Johnson St.
North Andover, MA 01845 Date of Hearing... M.ay. .� 7.,. 9.8 6
Petitionof ..C.e.nt.e.r.Rea.l.ty..Trp.�t..Qf..No.r.th..An.d.gy.e.r
Premises affected ........ 3..G re.a t..Po.n.d..RQ a.0
Referring to the above petition for aX faliiMig FA&Ug YAYj*"&W&Xtfi4 . P.a r ty. . A.g g ni. e v e d
so as to perrait RA Y P.r s 4.1.. of . B.0 i l.d. i n.9 . I.n. s p.e c.t.o rs. . d e.c i s.i. o n ...................
After a public hearing given on the above date, the Board of Appeals voted to ... D. E N.Y ..... the
pe t i.t.i.on... A.� ..rg q q.q s t.e. d. b ec, a. us.e... "a )h�Ag§ Xa6M�W W J§4&W J&�ZW U W1W a
Alkhxtyax. Jh.e� . P.eti ti oner* di d not meet the sta I tu.a.ry. rements of
........................
appealing within 30 days of Building Inspector's letter 0�' 'de*n*iE*iY(1*0*.*4
f6 9 1 W &Mffi)k M6 A ) b I XV "WX lk6 AX, X) A 4 A W 4 M 4 A& of Zoning ByLaw).
Vote unanimous.
0
Signed A ,� -,�- C")
............ F.r a n.k.. S.e. r.i.o . J r . C h a i rm a n
... . . . . ............ 1.
............ Alf.r.ed.. FrJ.ze.1je.,. Vi.ce.-.c.hai rman
........... A.ugvs�tj.w Ni C.1 erk
........ W.i. I l.i. am... 5.0.1 i.v
..... Walter. So.ule .............
Board of Appeals
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R60 -e i ved , by Town C I er k:
R Ec, E I 1,�;
DAM[EL 1.6hG
TOWN-.
NOR -0111'
��400VER
APR 35 AM'WWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
P.O. Box 111, 2 Johnson Street
Applicant—Center Realty Trust of North Andover Address North Andover. MA 01845
1. Application is hereby made:
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Center Realty Trust of North Andover, 2 Johnson__Ltr�eet. hTorth Andoyer. MA
Date of Purchase Sei)tember 15, 198.4 Previous Owner North'Andover Grange # 28,In(
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: front;. feet deep;
Height- �tories; f eiEF.
a) A proximate date of erection:
.p
b) occupancy or use of each floor:
c) Type of construction:
5. Size of existing'building: 37 feet front; 66 feet deep;
Height- 2 stories; 32 f eii-t.
a) Approximate date of erection: 1910
Is t: 7-TKI—t Tay- c enter
b) Occupanc�Yor use of each floor: 2nd: place of assembly
M
C) Type of construction:
Has there been a previous appe al,
No If so, when?
under zoning, on these premises?
-Type of consteuction: Wood frame building�; interior masonry wall (containing
chimneys and heating ducts) separating front hallway and main part of building;
hardwood floors, plaster walls, and metal ceilings throughout interior.
n6,— 4-
As a Party Aggrieved,
P
--A-- Q --j—
for review of a decision
An
. ho
made by the
Bui�lding In'spec�81r.or
other authority.
2. a)
Premises affected are
land and building(s)
numbered
3 Great Pond Road
b)
Premi;es I affected are
property with -frontage on
the North
Couth (X) Ea-st ( ) West
side of Great Pond
Road
Street,*and known as
No. 3 Great Pond Road
Sbveet.
c)
Premises affected are
in Zoning District R-3 , and
the premises
aff-ected have an area
of 11,734 square feet -and
frontage of
--L-1-0-- -�-- f e e t .
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Center Realty Trust of North Andover, 2 Johnson__Ltr�eet. hTorth Andoyer. MA
Date of Purchase Sei)tember 15, 198.4 Previous Owner North'Andover Grange # 28,In(
b) If applicant is not owner, check his/her interest in the premises:
Prospective Purchaser Lesee Other (explain)
44 Size of proposed building: front;. feet deep;
Height- �tories; f eiEF.
a) A proximate date of erection:
.p
b) occupancy or use of each floor:
c) Type of construction:
5. Size of existing'building: 37 feet front; 66 feet deep;
Height- 2 stories; 32 f eii-t.
a) Approximate date of erection: 1910
Is t: 7-TKI—t Tay- c enter
b) Occupanc�Yor use of each floor: 2nd: place of assembly
M
C) Type of construction:
Has there been a previous appe al,
No If so, when?
under zoning, on these premises?
-Type of consteuction: Wood frame building�; interior masonry wall (containing
chimneys and heating ducts) separating front hallway and main part of building;
hardwood floors, plaster walls, and metal ceilings throughout interior.
7. Description"of.relief sought.on this petition
See attacjled sheet.
8. Deed recorded 'in the Registry of Deeds in Book 1868 Page 205
Land C 0 ertificate No. ---
ourt"i Book Page
The principal 15oints upon which I base my application are as follows:
(must be stated in detail)
See attached sheet.
------------ -
agree tl�.Pay �he filing fee, advertising in newspaper, and incidental
expenses*
IA&,t
—�Ign ure of
Every application for action by the Board shall be made on a form approved
by the Bo4rd. These forms shall be furnished by the Clerk upon request. -
Any communi�ation purporting to be an application shall be treated as mere
notice of intention to seek relief until such time as it is made on the.
official application form. All information called for by the form shall
be furnished by tbe-applicant in'the manner therein prescribed.
Every appl ic-atioh shall bp submitted with a list of "Parties In Interest"
which list shall'include.the petitioner, abutters, owners of land directly
opposite on any, public or private street or way, and abutters to the
abutters within three hundred feet (3001) of the property line of the
Petitioner as they appear on the most recent applicable tax list,
notwithstanding'1hat the land of any such owner is located in another city
or town, the�-P.ljnning Boatrd of the city or town, and the Planning Board of
every abutting 44ty or town.
*Every appkication shal 1 be submitted with an application charge cost in
the amoune of $25.00. In addition, the petitioner shall be responsible
for any and all costs involved in bringing the petition before the Board.
Such costs shall includemailing and publication, but are not necessarily
limited to these.
Every application shall be submitted with a plan of land approved by the
Board. No petition will be brought before the Board unless said plan has
- been submitted. Copies of the Board's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request.
LIST OF'PARTIES IN INTEREST
Name
See attached sheet.
Address
(use alditional sheets* if necessary)
a
LIST OF PARTIES IN INTEREST
NAME AND LOCATION
1. Center Realty Trust of North
Andover
3 Great Pond Road
(Petitioner)
b,,--2. North Parish of North Andover
Academy Road
,,.,,-3. Michael C. Donovan
10-12 Johnson Street
-"*'-4. Richard F. and Joan B. Poutenis
447 Stevens Street
L,�5.� Everett and Ruth G. Hamilton
451-453 Stevens Street
6. Morris F. and Ruth G. Dunn
455 Stevens Street
7. David and Cynthia M. Silva
459-461 Stevens Street
SylVio KUzminski
465 Stevens Street
9-. George W. and Geraldine C.
Kannhei ser
469 Stevens Street
,/"'10. Leo A. Ellsey
475-477 Stevens Street
71�11. Arthur R. and Ruth Drummond
38 Johnson Street
1689p
MAILING ADDRESS
2 Johnson Street
North Andover, MA 01845
Academy Road
North Andover, MA 01845
10 Johnson Street
North Andover, MA 01845
447 Stevens Street
North Andover, MA 01845
451 Stevens Street
North Andover, MA 01845
455 Stevens Street
North Andover, MA 01845
459 Stevens Street
North Andover, MA 01845
P.O. Box 53
Intervale, NH 03845
469 Stevens Street
North Andover, MA 01845
475 Stevens Street
North Andover, MA 01845
38 Johnson Street
North Andover, MA 01845
I.
CONTINUATION SHEET
7. Description of relief sought on this Petition:
Petitioner seeks order from Board of Appeals directing
the Building Inspector to issue a Certificate of Use and
Occupancy allowing the second f loor of the subject
premises to be used as a place of assembly for 150 persons
(with a maximum of 200 persons in the building at any one
time).
8. The principal points upon which the Application is based:
The subject building is a two (2) story wood frame
building located at 3 Great Pond Road in a Residence 3
District. The first floor is currently leased to the Nevins
Adult Day Health Center, Inc. The use of the second floor
is currently limited to gatherings of less than 50 persons
at the Building Inspector's request.
The Petitioner seeks permission to use the second
floor of the building as a place of assembly for no more
than 150 persons (with a maximum of 200 persons in the
building at one time) as previously allowed by the Building
Inspector. (See copy of Certificate of Inspection dated
February 24, 1984 attached hereto and marked Exhibit "A".)
In order to accomodate the first floor tenant, the
Petitioner caused the building to undergo extensive
renovations, all of which were approved by the Building
Inspector. (See copy of Certificate of Use and Occupancy
dated April 3, 1985 attached hereto and marked Exhibit "B".)
Although the second f loor was used as a place of
assembly prior to renovations to the building, the Building
Inspector has issued conflicting Occupancy Permits
ostensibly limiting the use of the second floor to a
maximum of 50 persons. (See copy of Certificate of Use and
Occupancy dated April 3, 1985 and attached hereto as
Exhibit "C".)
The Petitioner has requested that the Builidng
Inspector issue a Certificate of Use and Occupancy
permitting the use of the second floor as a place of
assembly. (See copies of correspondence dated March 17,
1986 and April 4, 1986 attached hereto and marked Exhibits
"D" and "E" respectively.) The Building Inspector has
stated that the use of the second floor as a place of
assembly would violate the Town of North Andover Zoning
By -Law and the Commonwealth of Massachusetts State Building
Code.
1.
The Building Inspector argues that since the premises
are located in a Residence 3 District', the use of the
building as a place of assembly is prohibited. However,
Section 9 . 1 of the North Andover Zoning By Law allows the
continuance of nonconforming uses. From the time of the
construction of the building in 1910, the building had been
used by the North Andover Grange , as a place of assembly
until the Petitioner purchased the building in 1984. The
Grange frequently conducted dances ' fairs, auctions, etc.
on the premises and leased the premises to various groups
for such uses. (See Summary of North Andover Grange
records regarding activities conducted on premises attached
hereto and marked Exhibit "F". Original records will be
made available to the Board of Appeals upon request.)
As the use of the entire building as a place of
assembly pre -dates the North Andover Zoning By -Law, and as
such use has continued until the Building Inspector's
recent directives, Section 9.1 of the Zoning By -Law and
Massachusetts General Laws, Chapter 40A, Section 5.6 permit
the building to be continued to be used as a place of
assembly.
The Building Inspector also bases his refusal to issue
an Occupancy Permit upon the State Building Code which
purports to prohibit use of the second floor of wood frame
buildings as a place of assembly. However, the Building
Code specifically provides that uses in existence prior to
the enactment of the Building Code may be continued
provided that the premises are maintained in a safe and
sanitary condition. The Building Inspector has informed
the Petitioner that his main objection to the use of the
second floor is based on fire safety. The Petitioner has
offered to install a complete sprinkler system throughout
the building, which system would undergo inspection by the
Building Inspector and the Fire Department prior to the
Petitioner's use of the second floor as a place of assembly.
The Fire Department has indicated to the Petitioner
that it would have no objections to the requested use of
the premises provided the sprinkler system meets their
specifications.
As the use of the building as a place of assembly
pre -dates the Building Code, the building should be allowed
to be continued as a place of assembly provided that the
building is otherwise safe for Occupancy. The Building
Inspector, in refusing to issue a Certificate for Use and
Occupancy conditional upon the installation and approval of
a sprinkler system, is acting unreasonably and in
contravention of the Massachusetts General Laws and the
Town of North Andover Zoning By Law.
-2-
k
V
The Petitioner respectfully requests that the Board of
Appeals direct the Building Inspector to issue a
Certificate of Use and occupancy allowing the use of the
second floor of the building as a place of assembly limited
to 150 persons with a maximum of 200 persons in the
building at all times, conditional upon the installation of
a sprinkler system to be approved by the Building Inspector
and the Fire Department, or upon such other reasonable
conditions that the Board may deem advisable.
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In
il EXHIBIT D
CENTER REALTY TRUST OF NORTH ANDOVER
Post Office Box 111
North Andover, Massachusetts 01845
March 17, 1986
Charles Foster
Inspector of Buildings and Zoning officer
North Andover Building Department
120 Main Street
North Andover, Massachusetts 01845
Re: Grange Building, Great Pond Road
Dear Mr. Foster:
I am writing to you in my capacity as a Trustee of Center
Realty Trust of North Andover, the current owner of Old Center
Hall at 3 Great Pond Road (the former North Andover Grange
Building) . As you are aware,, Center Realty Trust of North
Andover purchased the building from the North Andover Grange
and renovated the first floor for use as the Nevins Adult Day
Health Center. The second floor has been virtually unchanged,
except with respect to safety improvements upon your
recommendations.
Prior to the purchase of the property, the building was
used as a place of assembly with a first floor capacity of 150
and a second floor capacity of 150 and a total building
capacity at one time of 200,, all as indicated in your 1984
Certificate of Inspection.
The Center Realty Trust desires to continue use of the
second floor as a place of assembly and for gatherings of up to
150 individuals,, but has been prevented from doing so due to
your continued refusal to issue an Occupancy Permit and a
Certificate of Inspection allowing said uses to continue.
Therefore,, in accordance with Section 119.3 of the State
Building Code (780 C.M.R. 119.3) the Center Realty Trust of
North Andover hereby demands that you issue a Certificate of
Use and Occupancy indicating that the premises may be used for
place of assembly with a maximum occupation of 150 persons. We
base our demand on the following:
41
Charles Foster
March 17, 1986
Page -2-
1. Massachusetts General Laws, Chapter 40A, Section 6
provides that "a zoning ordinance or by-law shall not apply to
structures or uses lawfully in existence or lawfully
begun...before the first publication of notice of the public
hearing on such ordinance or by-law.0 Furthermore, Section 9.1
of the North Andover Zoning BY -Law provides that *any
non -conforming building, structure or use ... which lawfully
existed at the time of passage of the applicable provision of
this or any prior by-law or any amendment thereto may be
continued..."
Although the subject premises are located in a residential
district, the second floor had been used by the North Andover
Grange and rented by other groups for use as a place of
assembly since the time of construction of the building. Prior
to the enactment of the North Andover Zoning By -Law, activities
at the second floor consisted of "fairs, dances, suppers,
lunches, auctions, etc." Center Realty Trust of North Andover
seeks merely to continue the non -conforming use of said second
floor.
2. With respect to the Massachusetts State Building Code
(780 C.M.R. 100 et seq.) (the 'code") Certificate of
Inspe�ction, Center Realty's reasons for demanding that you
issue a Certificate indicating a second floor hall capacity of
150 are as follows:
Massachusetts General Laws, Chapter 143,, Section 92
provides that "no new state building code, rule or regulation
or amendments thereof shall affect any building permit lawfully
issued, or any building or structure lawfully begun in
conformance with such permit, before the effective date of the
State Building Code...w
Furthermore, Section 105.1 of the Code provides as
follows: 'The legal use and occupancy of any existing
structure for which it had been heretofore approved, may be
continued without change...' Code Section 2200.3.8 provides
that "nothing contained herein shall prohibit the alteration of
the building heretofore occupied as a place of assembly for
such continued use, provided that the seatsf isles,
passageways, balconies, stages, appurtenant rooms, and all
special permit equipment comply with provisions of Sections
417.0 and 418.0. Code Section 417.2.6 provides that *nothing
herein contained shall prohibit the alteration of a building
heretofore occupied as a place of assembly for such continued
use provided seats, isles, passageways, balconies, stages,
appurtenant rooms and all special permanent equipment comply
with the requirements of this Article.*
Charles Foster
March 17, 1986
Page -3-
As the second floor appears to meet the requirements of
Article 22 of the Code, the use of the second floor as a place
of assembly should be allowed to continue.
As the building pre -dates the Code,, and as the use of the
second floor has not been changed, we consider your refusal to
issue an inspection certificate indicating a capacity of 150
individuals to be in contravention of the State Building Code.
Should you fail to issue a Certificate of Use and Occupancy
in accordance with the above, we will have no alternative but
to avail ourselves of the redress procedures established by
applicable statutes and ordinances.
Thank you for your consideration in this matter. I look
forward to hearing from you in this regard.
Very truly yours,
CENTER REALTY TRUST
OF NORTH ANDOVER
EUGENE H. AVRETTF Managing Trustee
EHA/ha
cc: Kevin B. Griffin, Trustee
Samuel S. Rogers, Trustee
Asoian & Tully, Attorneys at Law
1508p