HomeMy WebLinkAboutMiscellaneous - 3 HODGES STREET 4/30/2018 (2)0 STRUCTION
DAIGIE C NST 1987
ji.dgeS & May Sts-
I -
TOWN OF NORTH ANDOVER
REQUEST FOR LEGAL SERVICES
DATE: AUGUST 26. 1988
NAME: D. ROBERT NICETTA —TITLE:- BUILDING INSPECTOR
COMMITTEE/DEPARTMENT DIV. OF PLANNING & COMM. DEV.
DESCRIPTION OF REQUEST: (Include such information as "request
for legal opinion" or "relates to pending litigation." Is this a
request of a committee or an individual member's concern; and
is the request high - low priority and explain why. Please attach
all relevant documentation.)
REQUEST LEGAL COUNSEL, PENDING HEARING ON APPEAL BEFORE THE STATE
BOARD OF BUILDING REGULATIONS & STANDARDS
TIME FRAME: (By what date is a response needed; Please explain.)
NO SPECIFIC HEARING DATE-GIVEN/HOWEVER, IT IS POSSIBLE THAT AN
ANSWER WIL18BE Y�P�S�S�E�HIN 20 DAYS
U'am REQUEST FORM TO OFFICE OF
SELECTMEN FOR PROCESSING
Your request for legal services relative to
was:
Forwarded to Town Counsel
Date:
Returned.
Date:
Reason:
Town Manager
OFFICES OF: Town of
APPEALS NORTH ANDOVER
BUILI)ING
CONSEIIVATION HUS DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO:
Board
of
Appeals
FROM:
Scott
A.
Stocking,,445--Planner
DATE: August 23, 1988
RE: Robert Daigle
7 Hodges Street - Special Permit
120 Main Street
North Andover,
MZ1SSi1CI1(.JSe11S () 1845,
(617) 685-4775
The applicant has withdrawn his site plan at the request of
staff in order tola ddress the issues raised by DPW and NAPD regarding
the parking design approved by this Board in August.
Staff has been actively involved working with the applicant
in trying to come up with a design for the existing building and
Parcel A across the street. Staff will be present during your
meeting to review the revised site plan which reflects the changes
made due to DPW, NAPD and Planning Board input.
OFFICES OF: Town of
APPEALS
NORTH ANDOVER
BUILDING
CONSERVATION ACHU DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
August 17, 1988
Mr. Robert K. Daigle
Daigle Constuction Co., Inc.
1521 Great Pond Road
North Andover, MA 01845
Re: 7 Hodges Street Property
Dear Mr. Daigle:
In reply to your request of August 5, 1988, please be
advised that this request must be denied at this time
for the same reasons as stipulated on copy of letter
dated June 27, 1988,enclosed.
Yours truly,
D. Robert Nicetta,
Building Inspector
DRN: gb
Enc. (1)
cc: Dir. , PCD
120 Main Street
North Andover,
Massachusetts 0 1845
(617) 685-4775
Of
0 -ICES OF: TOW11 of
0
-Al
1XI'll _S
NORTH ANDOVER
BUILDING
CONSFRVATION HUB DIVISIM ()V
HFALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KARE-N NELSON, DIRECT011
June 27, 1988
M,t * RobeAt Vaigte
1521 Gkeat Pond Road
NoAA AndoveA, MA
Re: PiLopexty at I Hodga StAeet, NoAth AndoveA
VeaA Mk. Vaigte:
120 M; fli i Slrccl
Norlh Andmvr.
17) GH5.4777)
Tha shaU .6eAve as noti4ication, in wAiting, that be(lo4e I am
abte to i6.6ue a CexU4icate o6 Occupancy on subject tocus it WiU
be necu.6oAy 4ot you to compty with Section 8, paAagtaph 8.3 -
Site Han Review - o4 the No4th Andove& Zoning By -Law.
YOWLS twzy,
IF _7��
D. RobeAt Nicetta,
Bm�tding In.6pectoA
DRN: g b
cc: DiA., DPCD
RECEIVED THE COHEN LAW OFFICE
OANIEL LUG
THE ATRIUM
TOWN CJWK
SHATTUCK OFFICE CENTER
NORTH �51-190VER
138 RIVER ROAD
ANDOVER, MA 01810
An 17 12 49 PV 18008
617/975-6000
GERALD M. COHEN (Mass. & N.H.)
DANA S. COHEN
ROGER A. DuPONT
DONNA E. COHEN
(Of Counsel)
Mr. Scott stocking
Town of North Andover
Planning Board
120 Main Street
North Andover, MA 01845
Re: Hodges Street
Dear Mr. Stocking:
August 16, 1988
On behalf of my client, Robert Daigle, I am writing to
withdraw the application for site plan review before the
Planning Board for the Hodges Street property (formerly, Giards).
This request is made in light of our previous meetings
where we reached a compromise proposed plan for the use of the
property on the eastern side of Hodges Street (Parcel A).
it is our intention to petition the Board of Appeals to
amend the special permit granted (Petition No. 126-88) to
incorporate the changes indicated in the compromise plan
including parking, variances and special permit.
0002F
Thank you for your assistance in this matter.
RE CEIVED
AUG I R 1988
NUXTH ANDOVER
BUILDINGDEPT.
0
Sincerely,
Gerald M. Cohen, Esq.
V
L
August 16, 1988
On behalf of my client, Robert Daigle, I am writing to
withdraw the application for site plan review before the
Planning Board for the Hodges Street property (formerly, Giards).
This request is made in light of our previous meetings
where we reached a compromise proposed plan for the use of the
property on the eastern side of Hodges Street (Parcel A).
it is our intention to petition the Board of Appeals to
amend the special permit granted (Petition No. 126-88) to
incorporate the changes indicated in the compromise plan
including parking, variances and special permit.
0002F
Thank you for your assistance in this matter.
RE CEIVED
AUG I R 1988
NUXTH ANDOVER
BUILDINGDEPT.
0
Sincerely,
Gerald M. Cohen, Esq.
KAREN H.P. NELSON. DIRECTOR
To,1_1n of North Ajidov,�r
120 Main Street
North Andover, 11A
Eastern Bank
"117 Essex Street
Salem, 14A 01970
RE: Property of
J!479�T* rustee
3-11 Hodges Street, North Andover
Assessor's I -lap 18, Parcel 14
Ladies and Gentlemen:
We, the under -signed, st-ate thar. v:e- are fami14.ar
I_r,:,perty knOWn as and nu�m,�)ered 3-11 'H,)dges S't-zee-t, North Andc,vor,
11assachusetts. Furthermore, we understand that thi Ir - -tt.-_,r wiII
relied upon by Eastern Bank in connection with a loan to Terence, J.
0 ' Reilly, Trus,tee of Evcon Realty Trust, t (D a ,%, s i S L i n t 11,
acquisition of said property. Each of us certifies that we hoirl
the respective office set forth next to each of our namr-s' beioa :ind
that we are duly authorized to make the certifications set forth
herein on behalf of the Town of North Andtover.
1. CERTIFICATION BY BOARD OF APPEALS: The 12oard ot
is j,
satisfied that the above property S IN Lull
compliance with all of the conditions of the Special
Permit issued June 16, 10,88 in Case No. 126-801 iii.--luctil1q,
but not limited to, th� present parhing c-ontiguration for
said Property which involves fifteen (Ili) par1:j_ii(j
located across the street froni the subject j?r,-,pert,, 7 an d
tV70 (2) parking spaces located on the su)) �ecrl proj_'f.�Ity
itself.
Dated: 9 9 0
TO1.11141 OF
BOARD OF
FFAII 1. R I u i 1-11'
,f OFFICES OF:
of
Town of
120 Milin Street
BUILDING
NORTH ANDOVER
Norlh Andovcr
CONSERVATION
MassachLlSettS 0 1845
HEALTH
4C.0
DIVISION OF
(508) 682-64-83
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON. DIRECTOR
To,1_1n of North Ajidov,�r
120 Main Street
North Andover, 11A
Eastern Bank
"117 Essex Street
Salem, 14A 01970
RE: Property of
J!479�T* rustee
3-11 Hodges Street, North Andover
Assessor's I -lap 18, Parcel 14
Ladies and Gentlemen:
We, the under -signed, st-ate thar. v:e- are fami14.ar
I_r,:,perty knOWn as and nu�m,�)ered 3-11 'H,)dges S't-zee-t, North Andc,vor,
11assachusetts. Furthermore, we understand that thi Ir - -tt.-_,r wiII
relied upon by Eastern Bank in connection with a loan to Terence, J.
0 ' Reilly, Trus,tee of Evcon Realty Trust, t (D a ,%, s i S L i n t 11,
acquisition of said property. Each of us certifies that we hoirl
the respective office set forth next to each of our namr-s' beioa :ind
that we are duly authorized to make the certifications set forth
herein on behalf of the Town of North Andtover.
1. CERTIFICATION BY BOARD OF APPEALS: The 12oard ot
is j,
satisfied that the above property S IN Lull
compliance with all of the conditions of the Special
Permit issued June 16, 10,88 in Case No. 126-801 iii.--luctil1q,
but not limited to, th� present parhing c-ontiguration for
said Property which involves fifteen (Ili) par1:j_ii(j
located across the street froni the subject j?r,-,pert,, 7 an d
tV70 (2) parking spaces located on the su)) �ecrl proj_'f.�Ity
itself.
Dated: 9 9 0
TO1.11141 OF
BOARD OF
FFAII 1. R I u i 1-11'
E tern Bank
ast.
Page 2:
2. CERTIFICATION BY PLANN1NG BOARD: The Planninc - i Board is
satisfied that the above property is in full compli-ance
with all of the conditions of the Special Elerinit issued
11-29-88 in connection with Site Plan Review of said
property.
TOWN Of' NORTH ANDOVER, PLANNING BOARD
BY THE DIVISION OF PLANNING AND
COMMUNITY DEVELOPMENT
Dated: 1990 By
KAREN H.P. NELSON, DIRECTOR
3. CERTIFICATION BY BUILDING INSPECTOR ACTING AS CODE ENFORCEIIENT
OFFICER AND SIGN OFFICER:
A. I have interpreted Section 4, Paragraph 4-130 ot
the Town of North Andover Zoning Bylaw, as amended
to date , as allowing by right, in th�2 CE -neral
Business District.
B. The use and occupancy of the subject premises Eire
all permitted under the single permallent
Certificate of Occupancy issued for the subjer-t.
property and it is not necessary for each tenant to
have a separate Certificate of Ocf-upancy-
C. I am satisfied that the subject property is in full
compliance with the terms- of all Speciil Permits
issued by the Board of Appeals and the Planning
Board, that the subject property has all n,�ce��sary
permits for its construction, use and occ-upancy ;?nd
I know of no violations of the Town cL North
Andover Zoning Bylaw, as amended to date, with
respect to the subject property.
TOWN OF NORTH ANDOVER BUILDING INSPEXTOR/
CODE ENFORCEMENT OFFICER/
SIGN OFFICER
Dated: ALtq— 1C) 1990 BY:
-------------- -------------
D. Robert Nicetta
R E :3 EF!
D
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N 0- j.' T
. I - ." - -;' "," E IR
OCT 13 9 44 PiM '85
,&ORTN
S SA Hu
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Any appeal Shall be filed
wit1h.,in (ZO) d,:INI/S after the
C�at:_,'. of cr ' fli's Notice
�, CI L I
in the 0'14ice of the Town
Clerk.
October 22, 1986
Petition #32-87
Robert.K. Daigle -
Hodges Street
Mr. Daniel Long, Town Clerk (oil
120 Main St. C
North Andover, MA 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on October 14, 1986 upon
the application of Robert� K. Daigle requesting a Special Permit of
Section 9, Paragraph 9.1 of the Zoning ByLaws so as to permit expan-
sion of non -conforming building for a purpose allowed in a general
business district. The following members were present and voting:
Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William
Sullivan, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the Lawrence Eagle Tri,bune on September 27
and September .29, 1986 and all abutters were notified by regular mail.
Upon a motion made by William Sullivan and seconded by Augustine
Nickerson, the Board voted unanimously to DENY the Special Permit
as requested.
The Board finds that adding to the pre-existing non -conforming building
would be a substantial detriment to the neighborhood and would be above
the 25% aggregate allowed by Section 9, Paragraph 9.2(3) of the Zoning
ByLaws. Further, the Board finds that a proposed parking area across
the street in question is not in accordance with the provisions of the
Zoning ByLaws. I .
Sincerely,
BOARD OF APPEALS
/awt Alf,�red Frize��Xe, Vice-chairman
r
0 E i' F.
0 AM .7 G
T 0',i�!..
N 0 2% T 1 'It F R!
OcTt3 S 4 4 A �it I i
ArRILM
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
AnY aPPeal shall be filed
within (20) daYs after the
datz� Of fi - '
Of this Notice
in the office Of the Town
Clerk,
NOTICE OF DECISION
Robert K. Daigle Date .... a c t ob er. . 2 2.,. 19 8-.6 ..
1521 Great Pond Rd.
N. Andover, MA 01845 Petition No.. -.3 2 -a 7 .............
Date of Hearing. -October.. .,..1986
Decision: October 21, 1986
Petition of .... Rob-ert- -K-.- -Da-igl.e ......................................................
Premises affected ................... Hodge-s-stre.et .....................................
Special Permit
Referring to the above petition for a Wt*tjMfrom. the requirements ofAkec. sec.tion. 9.,...
Para -graph. .9. I.of the. zoni.ng..ByLaws ...........................................
80 as to Permit - expans ion - of . non:..%conf oxming. hui.ld�.ng. f or. a. p.vrpQpA. pL.1 jpwed
In - a - gen.e.ral- business. distrIcit ..................................................
After a public hearing given on the above date, the Board of Appeals voted to ... DERY .... the
S p 9.q i a.1. . P.e. r m.i. t ............
PMVA)tR -Th-e - B.oard . f.eel.s . that -ad.din.g. to..t.he..pre.--�exi5.t�zi.g..xio.r47p�Qzi;�Qrpiing
building would be a substantial detriment to the neighborhood
4m 9w=natimtwx nk thembnmww*x hawt xpowft
and would be above the 25% aggregate allowed,
by Section 9, Paragraph 9.2(3) of the Zoning ByLaws. Further, the Board
finds that a proposed parking area across the street in quastion is not
in accordance with the provisions of the Zoning ByLaws. .1
Signed lf red F '�l 1 e, Vice-chairman
-4" C�
'k 'i 6 6h 1 6'r k'
A "U. yc�
................... I ......................
William Sullivan
.........................................
Walter Soule
...... Ray . mon' a. Vi . ve . nzi . . o ............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Appeals
O\N V1
C)k 0i.
RECC�_IVED
"A"" L i..0HG
JUN 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #126-88
Robert K. Daigle
7 Hodges St.
DECISION
N. Andover, MA 01845
The Board of Appeals held a public hearing on April 12, 1988, continued to
June 14, 1988 on the application of Robert K. Daigle requesting relief under
Section 10.4. as a Party Aggre.ived, of a decision made by the Building Inspector
or other authority. The specific relief sought is to appeal the denial of the
occupancy permit by the Building Inspector for a structure located at 7 Hodges
Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the
bylaw to expand and alter a pre-existing, non -conforming structure located at
7 Hodges Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Augustine Nickerson, Walter Soule and William Sullivan.
The hearing was advertised in the North Andover Citizen on March 24, 1988 and
March 31, 1988, and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED
unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes
the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon
the following Conditions:
1. A Restrictive Covenant be placed on the land owned by the
petitioner immediately across the street from the subject building
allowing seventeen (17) paved parking spaces exclusively for the
use of the owner or tenants of 7 Hodges St. and a copy of the Covenant
be delivered to Town Counsel for approval and record.
2. Only 1,200 sq. ft of the second floor of the building be allowed for occupanc:
3. Plans be revised and submitted to the Board for final approval.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in
particular will not derogate from the intent and purpose of the ByLaw nor will
it adversely affect the neighborhood.
Dated this 16th day of June, 1988.
BOARD OF APPEALS
Frank Seiro, r/e--
Chairman
/awt
ot . Ile
0� -A
RECEIVED
DANIEL MIG
P
T01114 CLFRK
NORTH A14OU'VER
JUN 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
Robert K. Daigle
7 Hodges Street Date ..4�ipe..1.6,..1988 ............
N. Andover, MA 01845
Petition No��6-88
. .....................
Date of Hearing. .4PP. jA t . �? � � ...
Petition of ... 99bprt. K.� P4�g.�E�
Premises affected ........ 7. Hp.dges. St�
Referring to the above petition for relie.f. under. �3.ection
10.4 as a Party Aggrieved of a' decision made by the Building Inspector or other
.authori.ty.. , The. s.pecif ic. relief. sought. is. to appeal the. denial.of. the, occupancy
permit by the Building Inspector for a structure located at 7 Hodges Street and
UNNKMIZIAM. also. requesting.a. Spacial. Permit.of. Se.ction. 9.,. Paragraph .9.1. of. the
bylaw to expand and alter a pre-existing, non -conforming structure located at
.7.Hodges.St ............. 11 .........................................
ifter a public hearing given on the above date, the Board of Appeals voted to - GRANT ..... the
-Special. Permit. &. -Party. Aggreived. and hereby authorize the Building Inspector to issue
ZF"MftLtAX -an -Occu-pancy. Permit . to. Robert K.- Daigle ..................................
I *A9M1KM=kx based upon the fol.lowing conditions:
1. A Restrictive Covenant be placed on the land owned by the petitioner
immediately across the street from the subject building allowing (17)
seventeen paved parking spaces exclusively for the use of the owner
or tenants of 7 Hodges St. and a copy of the Covenant be delivered to
Town Counsel for approval and record.
2. Only 1,200 sq. ft. of. the second Signed floor of the building be allowed for
3. Plans be revised and submitted to .... Frank. Se��io, Jr.., Chairman ...... o c c upancy.
the Board for final approval. ......
... AugvstinA.Nickerson,..Q1Prk .........
..........
... William. �5.ullivali
-Walter. Soule
-C ......
Board of Appe
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lobert W. Daigle (fonstrurtion(fo-3ttr.
(6pnpral i1rontrartor
1521 GREAT POND ROAD NORTH ANDOVER, MA 01845
PHONE (617) 682-4948 .1- ..
Robert Daigle, President
August 5. 1988 CD -4c)
C -n =
4 C)
D. Robert Nicetta
Ic")
r- M
North Andover Building Inspector C -r-<
rn
120 Main Street
North Andover, MA 01845 M;K
C=
ca
Mr. Nicetta,
I am hereby requesting occupancy permits for the finished
locations on'/Hodges Street, North A d�ver, MA,
C:Pl.
C
�-I-S?Sincerely,
Robert K.
Daigle Construction Company, Inc,
RKD/was
jp - V, FE, D:
A'a 4 % 'P'R
N�,AdH ANDOVER
BUILDING DEPT.
I/
DAIGLE
NORTH i
;ONSTRUCTION CO., INC.
1521 GREAT POND ROAD
�NDOVER, MASSACHUSETTS 01845
Mr. D. Robert Nicetta
North Andover Building Inspector
120 Main Street
North Andover, MA 01845
e
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RECEIVE0
ORTH I)AIJIFL 1.00
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Jon 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #126-88
Robert K. Daigle
7 Hodges St.
DECISION
N. Andover, MA 01845
The Board of Appeals held a public hearing on April 12, 1988, continued to
June 14, 1988 on the application of Robert K. Daigle requesting relief under
Section 10.4,, as a Party_Aggreived, of a decision made by the Building Inspector
or other authority. '-The specific relief sought is to appeal the denial of the
occupancy permit by the Building Inspector for a structure located at 7 Hodges
Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the
bylaw to expand and alter a pre-existing, non -conforming structure located at
7 Hodges Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Augustine Nickerson, Walter Soule and William Sullivan.
The hearing was advertised in the North Andover Citizen on March 24, 1988 and
March 31, 1988, and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED
unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes
the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon
the following Conditions:
1. A Restrictive Covenant be placed on the land owned by the
petitioner immediately across the street from the subject building
allowing seventeen (17) paved 'parking spaces exclusively for the
use of the owner or tenants of 7 Hodges St. and a copy of the Covenant
be delivered to Town Counsel for approval and record.
2. Only 1,200 sq. ft of the second floor of the building be allowed for occupancy.
3. Plans be revised and submitted to the Board for final approval.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in
particular will not derogate from the intent and purpose of the ByLaw nor will
it adversely affect the neighborhood.
Dated this 16th day of June, 1988.
BOARD OF APPEALS
ro, Jr/.
Frank Serif
Chairman
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JUN 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
0
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Robert K. Daigle
7 Hodges Street
N. Andover, MA 01845
Petition of ... 90PT�t. Kt .1?4igj�q
BOARD Of APPEALS
NOTICE OF DECISION
Date . June. .1.6.,. .1988 ............
Petition Nol?.6.-88 ................
Date of Hearing.. �9§§ ...
Premises affected ........ 7. HPAgp!i. 5V ....................................................
Referring to the above petition for under. �S.ection
10.4 as a Party Aggrieved of a decision made by the Building Inspector or other
.authori.t.y.... . . The. s.pecif ic. relief. sought. is. t.o appeal the. denial of. the. QccuparLcy
permit by the Building Inspector for a structure located at 7 Hodges Street and
WYAW. also. requesting. a. Special. Permit. of. Se.ction. 9.,. Paragraph .9. 1. of. the
bylaw to expand and alter a pre7existing, non -conforming structure located at
.7.Hodges.St ............. ............................................. I .................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the
.Special. -Permit. &. Party. Aggreived. and hereby authorize the Building Inspector to issue
vuxi"Ax an - Occupancy . Permit . to - Robert - K. - Daigle ..................................
ARIA Mk9yW_i�n)(Kbased upon the following conditions:
1. A Restr ictive Covenant be placed on the land owned by the petitioner
immediately across the street from the subject building allowing (17)
seventeen paved parking spaces exclusively for the use of the owner
or tenants of 7 Hodges St. and a copy of the Covenant be delivered to
Town Counsel for approval and record.
2. Only 1,200 sq. ft. of the second Signed floor of the building be allowed for
3. Plans be revised and submitted to .... Frank. Se.rio, Qbqirman ...... o . c . c . upancy.
the Board for final approval.
... Augustine. Nicker.s.p:Q,. Ql�?rk .........
....................
Walter. Soule .......................
Board of Appe
RECEIVED
DANIEL LNIG
TOWN rt.FIIK
NORTH AwwiVER
JUN 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
0
Q
Robert K. Daigle
7 Hodges Street
N. Andover, MA 01845
Petition of ... 90PT�t. Kt .1?4igj�q
BOARD Of APPEALS
NOTICE OF DECISION
Date . June. .1.6.,. .1988 ............
Petition Nol?.6.-88 ................
Date of Hearing.. �9§§ ...
Premises affected ........ 7. HPAgp!i. 5V ....................................................
Referring to the above petition for under. �S.ection
10.4 as a Party Aggrieved of a decision made by the Building Inspector or other
.authori.t.y.... . . The. s.pecif ic. relief. sought. is. t.o appeal the. denial of. the. QccuparLcy
permit by the Building Inspector for a structure located at 7 Hodges Street and
WYAW. also. requesting. a. Special. Permit. of. Se.ction. 9.,. Paragraph .9. 1. of. the
bylaw to expand and alter a pre7existing, non -conforming structure located at
.7.Hodges.St ............. ............................................. I .................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the
.Special. -Permit. &. Party. Aggreived. and hereby authorize the Building Inspector to issue
vuxi"Ax an - Occupancy . Permit . to - Robert - K. - Daigle ..................................
ARIA Mk9yW_i�n)(Kbased upon the following conditions:
1. A Restr ictive Covenant be placed on the land owned by the petitioner
immediately across the street from the subject building allowing (17)
seventeen paved parking spaces exclusively for the use of the owner
or tenants of 7 Hodges St. and a copy of the Covenant be delivered to
Town Counsel for approval and record.
2. Only 1,200 sq. ft. of the second Signed floor of the building be allowed for
3. Plans be revised and submitted to .... Frank. Se.rio, Qbqirman ...... o . c . c . upancy.
the Board for final approval.
... Augustine. Nicker.s.p:Q,. Ql�?rk .........
....................
Walter. Soule .......................
Board of Appe
MUM fflfl
TOWN OF NOJIT11 ANT)OVE,R. RATTYJ�11 LONG
-7T T CL-7";-�
MASSACILUSI!,TTS
A
4OR T 01345
of
0
Any appeal shall be filed
within (20) days after the
date of filing of this Notice NOTICE OF DECISION
in the Off ice of the Town
4 4.) 1
Clerk.
Date.. ........
Dlite of llcn�ing UovegCQei�.�9.,..1988
Petition of .�,qpe.rt.K..Da.iqj(� ......................... .....................
remises affect .............................................
P ed .... �treet
Referring to the above petition for a special permit: from the requirements
of the .19QrjtA Arj(jQvp_.r. .7,Qi3irig. RXlaW,. ec;tion.
.8_3� . SJL d --P- -Plaia. Rev.:Law...
u r e. w1i.-La la
so as to permit exlst-Lng 'stract
-ed site 4 mprovements located at 7 Hodges Street
and relau
..................................... ...................................
After a public hearing given on the above date, the Planning Board voted
Conditionally
to ........ the Plan. Review ......................................
. ... ......
cc: Director of Public Works
Board of Public Works
Highway Surveyor
Tree Warden
Building Inspector
Conservation Commission
Assessors
Board of Health
Police Chief
Fire Chief
Applicant
Engin er
File
Interested Parties
based upon the following conditions:
See Attached
Signed
A. Hedstrom,..ChairRajj ...
.............. ......
George Perna, Vice -Chairman
........... ....................
Zr_3.Qb. NLa-L.ZSChe ................
A4 qjj4Qj. Le_,]�y. .
-L. C ...............
t4ORTH
01 1�141
4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
April 27, 1988
Robert K. Daigle
1521 Great Pond Road
North Andover, MA 01845
RE: Petition #126-88
Special Permit - 7 Hodges Street
Dear Mr. Daigle:
The Board of Appeals held a Special Meeting on Tuesday evening, April 26, 1988
upon your application. The Board finds that they want a detailed plan
of the proposed parking lot across the street, plus detailed plans of the curbs,
gutters, paving, lining and landscaping of this site.
The Board also requires that a Restrictive Covenant be given to Town Counsel,
Attorney Peter Shaheen, that enough land be designated as parking for the
benefit of 7 Hodges Street, for not less than eighteen (18) vehicles.
This petition will be reviewed and a decision made at our regular meeting,
Tuesday evening, June 14, 1988, therefore, all of the above material must be
received by the Board prior to that date.
Thank you for your cooperation in this matter.
Sincerely,
BOARD OF APPEALS
Frank gerio,
Chairman
/awt
cc: Attorney Cohen
Town Counsel
I 7i,- -- TL7 CE I VED
MAY 0 11988
r, �� ii rH ANDOVER
BUILDING DEPT.
!411
()I A"ICIFS OF: ToNvil of
AI 11 IFALS
NOUTIA ANDOVER
WILI)ING
('.()NSFHVA'1"1()N 1)1\ L';1()N (W
III- 'ALTI I
I LANNIN(y PLANNIN(,; ei (01NIRIUNITY DEVELOPMENT
April 12, 1988
Mr. Robert Daigle
7 Hodges Street
North Andover, MA
Re: Refusal of Certificate of Occupancy - 7 Hodges Street
Dear Sir:
120 Ntiiii Sti-ect
Not"11i Andovct'.
M�ISSiWl IUS(ItS () 1845)
((3 1 -1) G85-4775
At a meeting held at subject site on March 15, 1988, 1 verbally
denied the issuance of a Certificate of Occupancy due to the follow-
ing violations:
1) violation of Sec. 8, para. 8.3; Site Plan Review was
not submitted. prior to construction;
2) violation of Sec. 9. para. 9.2 (1), (2), and (3).
Very truly yours,
D. Robert Nicetta,
Building Inspector
DRN: gb
cc: Gerald Cohen
Scott Stocking
Dir., DPCD
01-FICES OF:
APPEALS
BUILAANG
CONSERVATION
HEALTH
PLANNING
0 , I
I'Own of
- ;,4a,
NORTH ANDOVER
us DIVISION OF
PLANNING & COMMUNITY DEVELOPMjENT
KARFN 11.1'. NI"ILSON, I)IIIEC'FOR
April 8, 1988
120 Main Street
North Andover,
Massachusetts 0 1845
(617) (385-4775
Board of Appeals
Town Office Building
North Andover, MA
Re: Daigle/Hodges Street Property
Gentlemen and Madam:
Upon review of material available in this office, a Certificate of
Occupancy was not issued to Mr. Daigle for the following reasons:
1) Violation of Section 8, para. 8.3; Site Plan Review was
not submitted prior to construction;
2) Violation of Section 9, para. 9.2 (1), (2), (3).
According to records of the Board of Assessors, the original building
at 7 Hodges Street had an assessed area of 3,942 GFA. However, the
present facility constrijeted by Mr. Daigle has an assessed area of
5,200 GFA, a clear violation of para. 9.2 (3) which states that an
increase in volume or area shall not exceed twenty-five percent (25%)
of the original use.
Yours truly,
D. Robert Nicetta,
Building Department
DRN: gb
cc: Dir., DPCD
Town Counsel
# ^b
SECTION 9 NON -CONFORMING USES
9.1 Continuance
Any non -conforming building, structure, or use, as
defined herein, 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 subject
to the provisions of this By Law. Any lawfully
non -conforming building or structure and any lawfully
non -conforming use of building or land may be continued
in the same kind and manner and to the same extent as at
the time it became lawfully non -conforming, but such
building or use shall not at any time be changed,
extended or enlarged except for a purpose permitted . in
the zoning district in which such building or use is
situated, or except as. may be permitted by a Special
Permit or otherwise by the North Andover Board of
Appeals. Pre-existing non -conforming structures or uses,
however, may be extended or altered, provided that no
such extension or alteration shall be permitted unless
there is a finding by the Board of Appeals that such
change, extension, or alteration shall not be
substantially more detrimental than the existing
non -conforming use to the.neighborhood.
9.2 Alteration or Extension
A use or structure housing a use, which does not conform
to the regulations of this By Law but which did conform
to all applicable regulations when initially established
shall not be changed, extended, or enlarged except in
accordance with the following provisions:
1. Such change shall be approved by a Special Permit
or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot
occupied by the non -conforming use on the date that
it became non -conforming.
3. Any increase in volume, area, or extent of the non-
conforming use shall not exceed an aggregate of more
than twenty five percent (25%) of the original use.
4. No change shall be permitted which tends to lengthen
the economic life of the non -conformity longer than a
period reasonable for the amortization of the initial
investment.
interrupted by normalentrances or exits and
shall not be required -within ten (10) feet of a
street lot line.
Garaging or off-street parking of an additional
two (2) commercial vehicles may be allowed by
Special Permit.
When it is deemed to be in the public good,
parking for additional pleasure vehicles may be
allowed by Special Permit.
13. All parking in the Village Commercial District shall
occur to the rear of the structures, but not within
the required rear yard setback. No off-street
parking shall be allowed in,the minimum required
front yard or any additional front year provided by
the developer. Parking in the front yard in the
Village Commercial District is prohibited. Also, no
parking shall be allowed in the required side yards.
(1987/12)
8.2 Automobile Service Stations and Other Automotive Services
Automobile service and filling stations, automobile re-
pair shops, body shops and painting shops, tire stores,
radiator shops or any of their appurtenances or access-
ory uses shall not be erected, placed or located within
fifty (50) feet of any residence district or residence
structure.
In addition, the use or structure shall conform to the
following requirements (in addition to district require-
ments):
1. The minimum frontage on a street shall be one hundred
and fifty (150) feet.
2. The maximum width of driveways and curb cuts measured
at the street lot line or lines shall be thirty (30)
or barriers may be interrupted by normal entrances or
exits and shall not be required within ten (10) feet
of a street lot line.
8.3 Site Plan Review
1. Purpose - The site plan review provisions are for the
purpose of administering the provisions of this
bylaw, to ensure the most advantageous use of all
properties, and for the reasonable protection of the
legitimate interests of adjoining property owners and
'7 '7
occupants.
No building permit shall be issued for the
construction of a new building structure, attached
building or structure on a single lot, for renovation
or expansion purposes or for replacement of an
existing building or structure requiring more than
five (5) parking spaces, until the -Planning Board has
issued a Special Permit. Further, all multi -family
development in the Village Residential District shall
be subject to Site Plan Review. (1987/28,11)
Only the following uses which require more than five
(5) parking spaces, shall be exempted from the
provisions of this section:
a. In a Residence 4 (R-4) District converted
dwelling which accomodate up to five family
units.
b. In all Residential Districts, existing dwellings
with rented rooms. (1987/28)
Said plan shall be prepared and stamped by a
registered architect and registered engineer and
landscape architect, and bearing an endorsement of
approval by the Planning Board. Plan to be recorded
with decision at the Registry of Deeds.
2. Procedure - The applicant shall submit nine (9)
copies of the site plan to the Planning Board for
distribution to each appropriate Town board and
department for their review and recommendations. The
Planning Board shall not make a finding and
det ' ermination upon an application until a� public
hearing has been held and has received board and
department recommendations.
3. Plan Requirements
a) Compliance with the requirements for parking and
loading spaces for lot size, frontage, yards and
heights and coverage of building, and all other
provisions of the bylaw;
b) Convenience and safety of vehicular and pedestrian
movement on the site, and for the location of
driveway openings.in relation to street traffic;
c) Adequacy as to the arrangement and where not
herein specified, the number of parking and
p j>ej
52
FIRE -RESISTANCE RATINGS GUIDE
Grid
2 1/2"
48' x 48"; PC
24
576
A202 (246-2)
36" x 6T; PC
MAXIMUM
MAXIMUM
36" x 36"; PC
FIXTURE
DUCT
UNIT SIZE
UNIT
PENETRATION
PENETRATION
ULI DESIGN
CONCRETE THICKNESS & TYPE*
THICKNESS
(ft2/100 ft2)
(in .2/100 ft2)
NUMBER
N
I'll I III
4-Hour—Concealed Grid 21& 12" x 12"; P
-
-1
None
_=
None
A01 1 (21-4)
3-Hour—Concealed Grid 21& 12" x 12"; P
25
576
A01 2 (31 -4)
-Hour—Concealed Grid 2 lz�" 12' x 12"; P
None
None
A01 1 (21A)
3-Hour—Concealed Grid 21
1§ 1 2" x 12' BF or P
2 —;
3/4"
51jr
12
576
A008 (39-3)
12' x. I P
24: x 36"; P or PC
24 x 24"; P or PC
25
576
A012 (31-4)
3-Hour—Exposed Grid 3� 24" x 48"; P or PC
2 1,T
5;t
5
24
576
A2111
48" x 48"; PC
36" x 60"; PC
25
158
�95-3)
A2 2 200-3)
30" x 60"; PC
31/4" 24 x 24"; BF
for P or PC)
24
576
D216
24: x 24' to
((for BF)
576
D216
3(r x 60" ; P
24" x 24" to
3/4' (for BF)
24" x 24" to 36" x 60'
or 48" x 48', PC
30" x 60"; P
2-Hour—Ekposed
Grid
2 1/2"
48' x 48"; PC
24
576
A202 (246-2)
36" x 6T; PC
36" x 36"; PC
30" x 6(r; P or PC
3(r x 3(r; P or PC
24' x 60" ; P or PC
24- 48-; P or PC
24: x 36"; P or PC
24 x 24"; P or PC
20" x 60"; P or PC
2
24" x 24"; BF
W (for P or PC)
24
576
D216
24" x 24" to
3/4' (for BF)
30" x 60"; P
24" x 24" to 36" x 601
or 48, x 48". PC
21,T
24" x 48"; P'or PC
5w
24
576
A210 (220-2)
2 1,V
24: x 24" P o PC
24 x 4fr;; P o, PC
5A,
None
None
D208 (13-2)
2
24" x 24'; P or PC
IeZ
2 or 3'
C-Senes Lurninaire; P
Symmetry Lurninaire; P
100
2 or 'ALD
D211
50
12887 or Air Ba
�273-2)
D2 1 2
11/2-Hour—Exposed Grid
2 1,T
Symmetry Lurninalre; P
5/13.
50
127 or Air Bars
D212
3-Hour—Concealed
Grid
31&
127 12" to 12' x 36"
3W (for
25
288
G033 218-3)
or 12" x 12" to 24" x
24"; BF, P, or PC*
BF or P)
or 5T (for PC)
3-Hour—Exposed
Grid
31&
24" x 24"; BF or P
3/4 �
24
255
G256
2-Hour—Concealed
Grid
21&
24" x 24"; BF or P
3/4" (for BF) or
25
576
G028 (92-2)
51jr (for p)
2V'
12" x 12' to 12" x 36"
3/4" (for BF) or
25
288
G031 (287-2)
or 12' x 12" to
W (for P or PC)
24" x 24"; BF, P, or PC*
21&
12" x 12'; P
14
81
G036
21&
2" x 24"; P
112" x 12"; BF or P
3/4
24
288
G023 (322-2)
24" x 24"; BF or P
2-Hour—Exposed
Grid
3'
24" x 48"; P or PC
8
None
G209 (46-2)
2112'
24' x 24"; P or PC
24� x 48"; P or PC
20
576
G229 (324-2)
24" x 24'; P
20" x W; P or PC
21/t"
24" x 48"; P
-24" x 24; P
SIT
None
None
G236 (21-2)
211�'
21&�
24' x 24"; BF or P
24' x 24"; P
3/4'
5Ar
24
576
G256
24" x W; P
24
113
G258
3-Hour—Concealed
Grid
31/4"
12" x 12"; P
5/r
14
12" x 24': P
81
G036
3�
12" x.12" to 12' x 36"
3/4'
None
None
G030 (57-3)
or 12 x 12" to
24" x A"; BF or P
3-Hour—Exposed
Grid
31/4'
24" x 48"; P or PC
51V
20
576
G229 (232-3)
2-Hour—Concealed
Grid
21&
12" x 24"; BF or P
3/4"
16
57
21&
24' x 24"; BF or P
3L4" (for BF) or
25
576
G022 (285-2)
G028 (92-2)
21&
12' x 121; P
�/Vw (for P)
14
81
G036
2"
1 2" x 24" ; P
12" x 12�; P
W
None
None
G032 (8-2)
2-Hour—Exposed
Grid
3'
24' x 48"; P or PC
5Af
8
None
G209 (46-2)
24" x 24"; P or PC
3
3:
C -Series Lurninaire; P
24" x 48"; PC or P
5
100
288 or SALD
G212 (242-2)
24" x 24"; PC or P
24
576
G244 (240-2)
21&'
20" x 60"; PC or P
3/4
21&*
24" x 24"; BF oi P
24" x 48"; P or PC
518"
24
8
113
G210 (253-2)
24" x 24"; P
None
G216 (74-2)
21&
24' x 48"; P or PC
8
57
G217 (53-2)
24" x 24"; P or PC
20" x 60"; P or PC
21&
24" x 48"; P or PC
20
576
G229 (324-2)
24' x 24"; P
20" x 60"; P or PC
21&
24' x 48"; P or PC
5Ar
8
None
G242
24" x 24: P or PC
(210-21
This ratings table is meant to serve only as a summaty reference guide for typical ceiling assembly designs.
Refer to data in the most recent UL Fire -Resistance Directory for complete details.
Lx�. i
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Telephone 475-2000
0
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261 HIGH PLAIN ROAD
Andover, Mass. 01810
--SINCE 1924—
............................ 198...
.................... ..............................................
.............................................................
...........................................................................
Suspended Ceilings Installed
V
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RECEIVED
APR 111988
NO.JH ANDOVER
BUILDING DEPT.
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THE COHEN LAW OFFICE
SHATTUCK OFFICE PARK
138 RIVER ROAD
ANDOVER, MA 01810
617/975-6000
GERALD M. COHEN (Mass. & N.H.)
DANA S. COHEN
ROGER A. DuPONT
DONNA E. COHEN
(Of Counsel)
Mr. Scott Stocking
Town Planner
Town Hall
120 Main Street
North Andover, MA 01845
Dear Mr. Stocking:
BOSTON OFFICE
130 BOWDOIN STREET
SUITE 1802
BOSTON, MA 02108
March 4, 1988
Regarding your letter to Robert Daigle dated February 29,
1988 regarding Hodges Street.
I would like to advise that the petition filed with the Board
of Appeals was filed for the purpose of expanding the "area" of a
prexisting nonconforming building. That is, the request was to
add a second floor above a prexisting first floor.
Other than that request there was no need to file with the
Board of Appeals for anything.
The reason I am of this opinion is because the prexisting
nonconforming building did not comprise a prexisting nonconforming
use,, as you will see it outlined in your Zoning By Laws, Paragraph"
9.2. This use regulation as it is titled applies for example to a
hotel that may be in a residential zone but was built before the
By Laws, that would be a prexisting nonconforming use or, a
residence that was built before By Laws changed the zone to
industrial, therefore, that house would be a prexisting
nonconforming use as a residenge.
The use of this property as proposed by Mr. Daigle is all
allowed under the geheral business zone in which he is located,
therefore, he is not a nonconforming use.
What we are seeking at this point in time is an occupancy
'T permit for legally a,4owed uses in a prexisting building in which
I
the area and/or the setbacks are not being increased.
R.-ECTUVED
MAR 0 4 1988
ANDOVER
BUILDINGA DEPT.
Mr. Scott Stocking March 4, 1988
Town Planner
120 Main Street
North Andover, MA 01845
Page Two
I know this is a legal technicality and I believe your
reference to the need to go before the Planning Board based upon
Mass. General Laws Ch.40A, Sec. 16 is not necessary. What I would
like to do rather than proceed in any formal hearings, is request
a meeting between yourself, Karen Nelson, the Building Inspector,
Town Counsel and/or Town Manager.
This may be an unusual request but I would like to remind you
that Mr. Daigle proceeded upon an issued building permit by the
prior Building Inspector. I don't believe it would be appropriate
for you to say that you have a great deal of difficulty in why he
continued construction once you understand the background on this
development.
In the final analysis, we have a building which is near
completion under an issued building permit by your town and that
was based upon the interpretation of the then Building Inspector,
Mr. Charles Foster.
Mr. Foster's interpretation that the building area was not
being expanded and did not require any appeals process, was based
on the fact that the new area being built, for a permitted use
second floor, that did not exist before would require a special
permit from the Board of Appeals, so that he issued the building
permit for the prexisting foundation and building with the caveat
that in order for Mr. Daigle to occupy second floor new area
(which the plan called for 4 apartments) would require that
special permit. Failing that special permit that Daigle could not
use that second floor and it would be merely a raised roof or
attic area and could not be occupied. I am paraphrasing Mr.
Daigle's understanding of that discussion as well as, my
discussion with Mr. Foster which I held recently. In light of
this kind of background I think it would be inequitable to refuse
some accomodation to Mr. Daigle at this point.
I would very much appreciate
so that we can resolve the matter
reasonable way or, if necessary to
conclude should hear the matter.
GMC: dmo
cc: Karen Nelson
Robert Nicetta
Robert Daigle
(Daigle p 9,10)
this meeting as soon as possible
if at all possible in a
go before whatever board we
Very truly yours,
Gerald M. Cohen
Planning & Community Development
Building Inspector
0 Town of
OFFICES 017: 120 Maiii Street
North A11(lover,
A1111FALS NORTH ANDOVER
BUILI-ANG WSSM11USCIIS () 1847,
CONSERVATION AcHus 1)1\/[Sl()N (W (6 17) 685-4775
H F A I _TH
111,ANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, IDIREC'FOR
FebFuary ('--'7, 17799
Mr. Robert Daigle
1521 Great Pond Road
I\Iorth Andover-, MA 01.345
Re: 7 Hodges Street
Dear Mr. Daigle:
Upon review of the Board of Appeal -files, I have found that your
structure located at the above address was denied under a Special Permit-,
application submitted September 25, 1906. The Board denied your
application on Octobei- 22., 1986.
Based upon this new information you will be unable to obtain a
certificate of occupancy for the structure located at 7 Hodges Street
until you meet the requirements of the Town's Zoning Bylaw. In order to
meet the requirements of the Bylaw you must now file a Repetitive
Petition to the Planning Board as required in 111.G.L. Chapter 40A,
Section 16, and Section 10.8 of the 1�orth Andover Zoning Bylaw, since
your original application falls into the two (2) year filing prohibition
as stated in Section 10.55.
I have a great deal of difficulty in why you continued
construction on the structure after you were denied permission to expand
the structure.
?f you have any questions regay-ding this matter please give me a
C a I I .
S i Tic e r e I y ,
Scott A. Stocking(/,AICP
Town Planner—
cc: Bu i I d i ng I n5ppc t j on
Board of Appeals
Nelson
b, Town t_'icrk:
VE U
TOWN OF NORTH ANDOVER, 5JA4'AAU
BOARD OF APPEALS
APPLICA,rION FOR RELIEF FROM THE REOUIREMENTS OF THE ZONING ORDINANCE
Applicant__g0beX_t_&_DajZ_1_e ------ -----Address 15-21 Great Pond Road, 14orth
Andover
1. Application is hereby made:
a) For a variance from 'the* requirements of Section
and Table of the Zoning By Laws.
b) For a Special Permit under Section q —Paragraph YLof
Qy Laws-.
Paragraph
the Zoning
C). As a Party Aggrieved, for review of a decision made by the
Buildin� Inspector or other authority.
2. a) Premises affected are land X —and building(s) X —numbered
Hodges Street.
b). Premises affected are property with frontage on the North
South (K ) East ( ) West side Hodges S t .
Str.ect, and known as No. Street.
c) Premises affected are in Zoniag DistrictC('4 and the pr.emises
-, T, r I
affected have an a-rea.of '/,y 6 -5 square feet and frontage of
ect
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Forbes Realty Trust (Thomas Laudani & Jay Philbin
Date of Purchase - 5/7/85 Previous owner Mr.-TGiard & Mrs-T-LUard
b) If applicant is not owner, check his/her interest in the premises:
74. Description of relief sought on this petition I' . seek a sp ��_l rinJ t to
chatiges the irregular roof, pitch ------ ___ _!� c t a
-t,he appearaiice Of the buildilig and staijdarTiable roof pitch,
ei)hajicitig_. to conform to
apartme.ii-ts upstairs. __L e�j I o w i LZ , t!je 12_�U ql� o f
8. Dccd recorded in the Registry of Deeds in B001<1272 Page__LT2
Land Court -Certificate No. Book Page
The principal poin ts upon which I base my application are as follows:
(must -be stated in detail),.
At presetit this proper - ty is vacaiit aiid in extremely elapitated cotiditioll.
!_�_OiT_ldl�_jl�_abifl_tate t
is property illto a colotiial structure
h(� J�eighbO7_
U t i hood which would
agree to pay the filing fee, advertising in newspaper, and incidental
expenses*
011
Signatur-J-61F Loner s
' k1F_1
Every zipplication for action by the Board shall be made on a form approved
by tile Doar(j. 'I'llese forms shall be. furnished by the Clerk upon request,
Any communication purporting to be an application shall be tre a ted as mere
notice of intention to seek relief until such time as it is made on the
Official aPPLicat-ion-form. All information called for by the form shall
be furnished'by tile applicant in the manner therein prescrilaed.
Every application shall be 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 abutte'rs to the
a.butters within three hundred feet (300') of the Property line of the
Petitioner as. tbcy appear on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city
or town, tile Planning Board of the city or town, and the Planning Board of
cvcry abutting city or town.
*Every application shall be submitted with an application (aharge
cos tr i n
thc amount of �25.00. In addition, the Petitioner shall be responsible
Cor any and at). costs involved in bringing the Petition before the Board.
3uch costs shall include mailing and publication
-imited to those. but are not,necessarily
1�'vcry application shall be submitted wit -h n �i 4c
OFFICES OF: Town of
APPEALS
NORTH ANDOVER
BUILDING
CONSERVATION DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Building Inspection
FROM: Scott A. Stocking,,,Td�Planner
DATE: February 23, 198B
RE: Mr. Robert Daigle, 7 Hodges Street
120 Main Street
North Andover,
Massachusetts 0 1845
(617) 685-4775
Upon my discussion with Mr. Daigle and Karen Nelson regarding the above
cited subject, please be advised I have made the following finding:
1. The existing building was granted a Building Permit to
expand a non -conforming structure in 1qe5 without
obtaining a Special Permit by the Board of Appeals.
Based upon the finding cited above, the existing structure
should not be issued a Certificate of Occupancy until Mr. Daigle
receives a Special Permit to expand a non -conforming structure from the
Board of Appeals. Please notify me if you concur with my determination.
cc: Karen Nelson
Board of Appeals
TT"TT— T-%
F E B 2 4 1' WR 9
- d % Jfi i W. i -Z"',, i tl _- R
BUILDING DEPT.
43aigir Tonstrurtion(fo-3ur.
(6rnpral Crontrartor
Robert Daigle, President
1521 GREAT POND ROAD NORTH ANDOVER, MA 01845
PHONE (617) 682-4948
February 18, 1988
Karen H. P. Nelson
Director of Planning & Community Development
120 Main Street
North Andover, MA 01845
Re: Hodges Street/Daigle Construction Co./2nd floor construction
Dear Ms. Nelson:
Our intention is not to use the second floor right hand space
on 7 Hodges Street, North Andover before the proper permits
are issued.
Sincerely,
R oT e r't K .-- D -a —igY -e
Daigle Construction Co.,
RKD/was
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I
MEMORANDUM
Subject: Special Permit Application by Robert K. Daigle
for Hodges Street
Date: October 20, 1986
Name: Law Offices of Gerald M. Cohen
One Elm Square
Andover, MA 01810
617-475-5500
Facts:
The structure in question is a vacant, dilapidated
garage located on Hodges Street. It is a pre-existing
noncromformity use'located in the General Business District
because front, side and rear set backs are not in
comformance with current zoning requirements. The
Applicant filed for a Special Permit under Section 9.1 of
the North Andover Zoning Bylaws. The purpose of the
Special Permit is to allow the Applicant to extend the roof
line, so as to add two apartment units on a second floor.
A public hearing was held on Tuesday, CLptober 14. The
Board closed the hearing and took the matter under
advisement.
Discussion:
section 9.1 Requirements
Section 9.1 of the North Andover Zoning Bylaws
permits the continuation of a non-comforming use, but such
building or use shall not be changed, extended or enlarged
except for purposes permitted in the Zoning District in
which the building is situated or as permitted by a Special
Permit or otherwise by the Board of Appeals. A
pre-existing non-comforming use may be extended or altered
provided that the change shall not be substantially more
detrimental than the existing non-comforming use to the
neighborhood.
The Applicant intends to completely rehabilitate an
existing, dilapidated garage on Hodges Street. The garage,
if allowed to remain in its present condition, is and will
be a substantial hazard and eyesore to the neighborhood.
The proposed rehabilitation would benefit the neighborhood
and would not be detrimental in any manner. The Zoning
Board of Appeals should permit the addition to the existing
non -'c 6mforrding structure based on the benefits gained by
the neighborhood if all other requirements are satisfied.
Section 9.2 Requirements
In addition to satisfying Section 9.1, Applicant
satisfies the provisions under Section 9.2. First, the
proposed change is now before the Board of Appeals for
approval as required under Section 9.2(1j. Also, the
change which is proposed will be only on the lot occupied
by the non-comforming use on the date that it became
non-comforming as required by Section 9.2(2).
The third requirement limits the increase in volume,
area or extent of non-comforming use to no more than twenty
five percent (25%) of the original use. The proposed
change to the existing structure will not add greater than
twenty five percent (25%) of area to the existing, original
use. If the Applicant were to rehabilitate the existing
structure, without extending the roof line, he would
construct space for two (2) businesses on the first floor
and two (2) apartments on the second floor. if the
Applicant is permitted to raise the roofline over the
existing structure, he would merely add two more apartments
on the second floor. These proposed changes, as submitted
by plans, would not violate the twenty five percent (25%)
limitation provided in Section 9.2.(3).
Section 9.2(4) permits changes which would not lengthen the
economic life of the non-comformity larger than a period
reasonable for the amortization of the initial investment.
The non-comformity in this instance is due to set back
requirements under current Zoning Regulations. The
Applicant is not changing a wooden structure to a steel
structure or brick structure, rather, he is beautifying an
existing wooden structure. The non-comformity will
continue to exist for as long as the foundation is intact
whether or not the building is rehabilitated. Beautifying
the existing structure will not, in itself, extend the
economic life of the non-comformity.
As an added note, Section 4.128(6) of the Zoning Bylaws
permits residential use in a General Business District
where the use is not more than fifty percent (50%) of the
total floor space in the structure. The Applicant intends
to use the total first floor space for two (2) businesses.
The second floor space is intended to be structured for
four (4) residential apartments. Where the Applicant will
be using not more than fifty percent (50%) of floor space
for residential use, the provisions of this Section are
satisfied.
Further, the Applicant is purchasing the vacant lot
on Hodges Street and has committed himself to providing
sufficient parking for both structures. As previously
mentioned at the public hearing, parking easements or
rights of way restrictions shall be denoted on the deed for
the second parcel so that the parking easements or
restrictions will run with the land in any subsequent
transfer of either or both parcels.
Applicant expects that approval of this special
permit will be contingent upon these special conditions
under Article 10.31(2) of the By -Laws.
Conclusion:
In light of the above discussion, where the Applicant
is able to satisfy all requirements of the Bylaws, it is
respectfully requested that he be granted a Special Permit
by this Board for the following reasons:
a) The specific site is an appropriate location for
such a mixed residential and business use;
b) The use as developed will not adversely affect
the neighborhood as the neighborhood is already
a mixed use area;
C) There will be no nuisance or serious hazard to
vehicles or pedestrians;
d) Adequate and appropriate facilities will be
provided for the proper operation of the
proposed use;
e) The use is in harmony with the general purpose
and intent of the By Law.
Respectfully Submitted,
Gerald M. Cohen
One Elm Square
Andover, MA 01810
617-475-5500
Ordinance or By-law
S 1
ha 1 Provide that
Building or special
Permit Shall Conform
if Not Commenced
J41; A Within a Period of
Not More Than 6
Months
Regulating of
NonconforWng
Uses After 2 Years
Single Lot
E
xemption for
Single,and
do; Two -Family Use
Pre-existing Non -conforming Uses,
Structures and Lots
Except as -hereinafter provided, a zoning ordinance or by�
law shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building or special
permit issued before the first publication of notice of
the public hearing on such ordinance or by-law required
by sectionfiVe, but shall apaly 12 any change or sub-
stantial exte�sio-5-7such use,-�o a building nr -,pprial
ermit issued after The first - notirex-f said public hearin
fo any reconstruction, extension or structural change of
such structure:and to any alteration of a structure begun
after the first notice of said'public hearing to provide
for its use for a substantially different purpose or for
the same purpose in a substantially different manner or
to a substantially greater extent t� �et where alter ' ation,
reconstruction,extension or structural change to a single
or two-family residential structure does not increase the
nonconforming nature of said structure. Pre-existing non-
conforming structures or uses may be extended or altered,
provided, that no such extension or alteration shall be
permitted unless there is a finding by the permit granting
authority or by the special permit granting authority
designated by ordinance or by -16w that such chan ge, '
extension or al , teration shall not be substantially more
detrimental than the existing nonconforming'use to the
neighborhood. This section shall not apply to billboards,
signs and other advertising devices subject to the
provisions of sections twenty-nine through thirty-three,
inclusive, of chapter ninety-three, and to chapter ninety-
three D,
A zoning ordinance or.by-law shall provide that construction
or operations under a building or special permit shall
conform to any -subsequent amendment of the ordinance or
by-law unless the use or construction is commenced within,
a period of not more than six months after the issuance of
the permit.and in ca:ses involving construction, unless
such construction is continued through to completion as
continuously and expeditiously as is reasonable.
A zoning ordinance or by-law may define and regulate non-
conforming uses and structures abandoned or not used for
a period of two years or more.,
Any i-ilcrease in area, frontage, width, yard, or depth
requirements of a zoning ordinance or by-law shall not
apply to a lot for single and two-family residential Use
which at the time of recordi�j or endorsement, whichever..
occurs sooner was not held in common ownership with any
adjoining land, conformed to then existing requirements
6-1
Pre-existing Non-
conforming Structures
or Uses May be
Extended, Changed
'A;A,
or Altered After
Section 6.
Finding by
Granting Authority
Exemption for
Structure and use
Lawfully Begun or
in Existence
Exemption for
Building or Special
Permit Issued Before
First Notice of
Public Hearing
Ordinance or By-law
S 1
ha 1 Provide that
Building or special
Permit Shall Conform
if Not Commenced
J41; A Within a Period of
Not More Than 6
Months
Regulating of
NonconforWng
Uses After 2 Years
Single Lot
E
xemption for
Single,and
do; Two -Family Use
Pre-existing Non -conforming Uses,
Structures and Lots
Except as -hereinafter provided, a zoning ordinance or by�
law shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building or special
permit issued before the first publication of notice of
the public hearing on such ordinance or by-law required
by sectionfiVe, but shall apaly 12 any change or sub-
stantial exte�sio-5-7such use,-�o a building nr -,pprial
ermit issued after The first - notirex-f said public hearin
fo any reconstruction, extension or structural change of
such structure:and to any alteration of a structure begun
after the first notice of said'public hearing to provide
for its use for a substantially different purpose or for
the same purpose in a substantially different manner or
to a substantially greater extent t� �et where alter ' ation,
reconstruction,extension or structural change to a single
or two-family residential structure does not increase the
nonconforming nature of said structure. Pre-existing non-
conforming structures or uses may be extended or altered,
provided, that no such extension or alteration shall be
permitted unless there is a finding by the permit granting
authority or by the special permit granting authority
designated by ordinance or by -16w that such chan ge, '
extension or al , teration shall not be substantially more
detrimental than the existing nonconforming'use to the
neighborhood. This section shall not apply to billboards,
signs and other advertising devices subject to the
provisions of sections twenty-nine through thirty-three,
inclusive, of chapter ninety-three, and to chapter ninety-
three D,
A zoning ordinance or.by-law shall provide that construction
or operations under a building or special permit shall
conform to any -subsequent amendment of the ordinance or
by-law unless the use or construction is commenced within,
a period of not more than six months after the issuance of
the permit.and in ca:ses involving construction, unless
such construction is continued through to completion as
continuously and expeditiously as is reasonable.
A zoning ordinance or by-law may define and regulate non-
conforming uses and structures abandoned or not used for
a period of two years or more.,
Any i-ilcrease in area, frontage, width, yard, or depth
requirements of a zoning ordinance or by-law shall not
apply to a lot for single and two-family residential Use
which at the time of recordi�j or endorsement, whichever..
occurs sooner was not held in common ownership with any
adjoining land, conformed to then existing requirements
6-1
Pre-existing Non-
conforming Structures
or Uses May be
Extended, Changed
'A;A,
or Altered After
Finding by
Granting Authority
Ordinance or By-law
S 1
ha 1 Provide that
Building or special
Permit Shall Conform
if Not Commenced
J41; A Within a Period of
Not More Than 6
Months
Regulating of
NonconforWng
Uses After 2 Years
Single Lot
E
xemption for
Single,and
do; Two -Family Use
Pre-existing Non -conforming Uses,
Structures and Lots
Except as -hereinafter provided, a zoning ordinance or by�
law shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building or special
permit issued before the first publication of notice of
the public hearing on such ordinance or by-law required
by sectionfiVe, but shall apaly 12 any change or sub-
stantial exte�sio-5-7such use,-�o a building nr -,pprial
ermit issued after The first - notirex-f said public hearin
fo any reconstruction, extension or structural change of
such structure:and to any alteration of a structure begun
after the first notice of said'public hearing to provide
for its use for a substantially different purpose or for
the same purpose in a substantially different manner or
to a substantially greater extent t� �et where alter ' ation,
reconstruction,extension or structural change to a single
or two-family residential structure does not increase the
nonconforming nature of said structure. Pre-existing non-
conforming structures or uses may be extended or altered,
provided, that no such extension or alteration shall be
permitted unless there is a finding by the permit granting
authority or by the special permit granting authority
designated by ordinance or by -16w that such chan ge, '
extension or al , teration shall not be substantially more
detrimental than the existing nonconforming'use to the
neighborhood. This section shall not apply to billboards,
signs and other advertising devices subject to the
provisions of sections twenty-nine through thirty-three,
inclusive, of chapter ninety-three, and to chapter ninety-
three D,
A zoning ordinance or.by-law shall provide that construction
or operations under a building or special permit shall
conform to any -subsequent amendment of the ordinance or
by-law unless the use or construction is commenced within,
a period of not more than six months after the issuance of
the permit.and in ca:ses involving construction, unless
such construction is continued through to completion as
continuously and expeditiously as is reasonable.
A zoning ordinance or by-law may define and regulate non-
conforming uses and structures abandoned or not used for
a period of two years or more.,
Any i-ilcrease in area, frontage, width, yard, or depth
requirements of a zoning ordinance or by-law shall not
apply to a lot for single and two-family residential Use
which at the time of recordi�j or endorsement, whichever..
occurs sooner was not held in common ownership with any
adjoining land, conformed to then existing requirements
6-1
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248 CMR: BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS
MASSACHUSETTS FUEL GAS CODE
46 NATIONAL FUE� GAS CODE
for gas utilization equipment vented by natural draft normally
may be obtained by application of one of the methods covered in
5.3.3 and 5.3.4.
g. Air requirements for the operation of exhaust fans, kitchen
ventilation systems, clothes dryers and fireplaces shall be con-
sidered in determining the adequacy of a space to provide com-
bu8tion air requirements. See Appendix H for one method of
determining adequate air for equipment operation.
5.3.2 Equipment Located in Unconfined Spaces: In unconfined
spaces (see Part 10, Definitions) in buildings, infiltration may be
adequate to provide air for combustion, ventilation and dildtion of
flue gases. However, in buildifigs of tight construction (for example,
weather stripping, heavily insulated, caulked, vapor barrier, etc.),
additional air may need to be provided using the methods described
in 5.3.3-b or 5.3.4.
5.3.3 Equipment Located in Confined Spaces:'
a. All Air from Inside the Building: The confined space shall be
provided with two permanent openings communicating directly
with an additional room(s) of sufficient volume so that the com-
bined volume of all spaces meets the criteria for an unconfined
space. The total input of all gas utilization equipment installed
in the combined space shall be considered in making this deter-
mination. Each opening shall have a minimum free area of 1
square inch per 1,000 Btu per hour of the total input rating of all
gas utilization equipment. in the confined space, but not less
than 100 square inches. One opening shall be within 12 inches of
the top and one within 12 inches of the bottom of the enclosure.
(See Figure 1.)
b. All Air Feom Outdoors: The confined space shall be provided
with two permanent openings, one commencing within 12 inches
of the top and one commencing within 12 inches of the bottom of
the enclosure. The openings shall communicate directly, or by
ducts, with the outdoors or spaces (crawl or attic) that freely
communicate with the outdoors.
1. When directly communicating with the outdoors, each
opening shall have a minimum free area of 1 square inch per
4,000 Btu per hour of total input rating of all equipment in
the enclosure. (See Figure 2.)
2. When communicating with the outdoors through vertical
ducts, each opening -shall have a minimum free area of 1
square inch per 4,000 Btu per hour of total input rating of all
q; , ",
0�
248 CMR: BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS
MASSACHUSETTS FUEL GAS CODE
EQUIPMENT INSTALLATION 47
equipment in the enclosure. (See Figure 3.)
3. When communic ' ating with the outdoors through hori-
zontal ducts, each opening shall have a minimum free area
of 1 square inch per 2,000 Btu per hour of total input rating
of all equipment in the enclosure. (See Figure 4.)
4. When ducts are used, they shall be of the same cross-sec-
tional area as the free area of the openings to which they
connect. The minimum dimension of rectangular air ducts
shall be not less than 3 inches.
Fig. i.
NOTE: Each opening
shall have a free area of
not less than one square.
inch per 1,000 Btu per
hour of the total input
rating of all equipment in
the enclosure, but not less
than 100 square inches.
t
Equipment Located in Confined Spaces; All Air from Inside
the Building. See 5-3.3-a.,�_
5.3.4 Specially Engineered Installations: The requirements of
5.3.3 shall not necessarily govern when special engineering, approved
by the authority having jurisdiction, provides an adequate supply of
air, for combustion, ventilation, and dilution of flue gases.
5.3.5 Louvers and Grilles: In calculating free area in 5.3-3, con-
sideration shall be given to the blocking effect of louvers, grilles or
screens protecting openings. Screens used shall not' be smaller than
1/4 inch mesh. If the free area through a design of louver or grille is
r_-
-C7-
lt:zz
Hodges Str. Boa
LEGAL NOTICE
TowN OF NORTH ANDOVER
k "'I BOARD OF APPEALS
Notice Is hereby given that the Board of Ap-
peais will hold a public hearing at the Senior
Citizen's Center located at the rear of the
Town Building, 120 Main Street, Norlh An-
dover on TUESDAY the 10th day of JANU-
ARY 1995, at 7:30 o'clock, to all parties in-
terested in the appeal of T.J. O'REILLY,
TRUSTEE OF EVCON REALTY TRUST re-
questing a SPECIAL PERMIT under Sec.
9.2, Paragraph 1 of the Zoning By Law so
as to permit 13ELIEF FROM THE CONDI-
TION #2 OF THE BOARDS DECISION OF
PETITION #126-88 WHICH RESTRICTED
THE SECOND FLOOR USE TO 1200
SQUARE FEET DUE TO THE PARKING.
AS THE BUILDING HAS BEEN IN USE
SINCE THE BOARD'S DECISION AND
PARKING HAS NOT PRESENTED ITSELF
AS A PROBLEM, THE PETITIONER
WANTS TO UTILIZE AN ADDITIONAL
1600 SQUARE FEET OF EXISTING
FLOOR SPACE, ALL RENOVATIONS ARE
INTERIOR WITH NO EXTERNAL ALTER-
ATIONS. on the premises, located at 7
HODGES STREET, ZONING DISTRICT G,
B.
AoRT"
0
SACH
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
By Order of the Board of Appeals Notice is hereby given that the Board of Appeals will hold a
William J. Sullivan, Chairman
Norlh Andover Cifizen 1 M, 28 2t
public heai . �ing at the Senior Citizen's Center located at the rear
of the Town Building, 120 Main Street, North Andover on
TUESDAY -the 10TH day of JANUARY
19 95 , at 7:30 o'clock, to all parties interested in the
TRUST
appeal of T.J. O'REILLY, TRUSTEE OF EVCON REALTY _ requesting a
SPECIAL PERMIT under
jWK4tWNX&V( S e c - 9.2. Paragraph I of the Zoning By Law
so as to permit RELIEF FROM CONDITION #2 OF THE BOARD"; DE
PETITION # 126-88 WHICH RESTRICTED THE SECOND FLOOR USE TO 1200 SQUARE FEET
DUE TO THE PARKING. AS THE BUILDING HAS BEEN IN USE RTNCF TRF RnARDIS- -
DECISION AND PARKING HAS NOT PRESENTED ITSELF AS A PROBLEM, THE PETITIONER
WANTS TO UTILIZE AN ADDITIONAL 1600 SQUARE FEET OF EXISTING FLOOR SPACE -
ALL RENOVATIONS ARE INTERIOR WITH NO EXTERNAL ALTERATIONS.
on the premises, located at 7 HODGES STREET, ZONING DISTRICT G,B.
By Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the North Andover Citizen on December 21 & 28, 1994
zw-
c r- W t
0
J%
AMILM t4 AW
JOUE BRAI�-,
Any appeal shall be filed . ...... TOWN CLE't,K
within (20) days after the HU NORTH ANCOVER
V
date of filing of this TOWN OF NORTH ANDOVER C
Notice in the Office
of the Town Clerk. MMSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . - Feb�r�44TY. -199� .......
Petition No.. 9 3 7-9-� ........ * .
January 10, 1995
Date of Heaxing-F?-bT:qA17Y- 14,..095
Petition of O'Rei.l.ly..T�y§�te�e,. Evc.o.n. Realty. Ti7pqt ...........................
premises &ffected 7. Hodges. Street .....................................................
..... .....
Referring to the above petition for a variation from the requirements 6fct2W unde�': Secti.on .9. 2,
Paragrap'- I so as to.permit relief from Condition #2 of.tbe.B�Q-1rd's..decision.of
..............
Petition ---126-88 whish restricted the second floor use to 1,200 s.f. due to parking.
=xwbxVerna:idx I ... ...... I ....................... ... ..........................
After a public hearing given on the above date, the Board of Appeals voted to . PRANT. the
SPECIAL ?EKMIT and hereby authorize the Building Inspector to issue a
permit to T.J. O'Reilly Trustee,.Ev.con Realty Trust - - ...- .. ..............
for the construction of the above work, based upon the following conditions:
1. Cona:-1.tion #2 of the 1988 decision is hereby deleted;
2. The entire second floor of the building shall be restricted to office space use
on'-.-; and
3. The :)rior decision of 1988 is, except as hereby amended, reaffirmed and all
ot'1_-_ conditions and provisions thereof shall remain in full force and effect.
The Boar--: finds that the applicant
has sati5fied the provisions of
Section :-,, Para. 9.1 of the
Zoning 7 --,-law and that such change,
extensic-- or alteration shall not
be subst-=--itially more detrimental
than the existing non -conforming
structur-_ to the neighborhood.
m 1 `6 i0 3
Signed
lwaz�l _."� ......
Walter Soule, Acting Chairman
Scott Karpin5ki .. .. .. ......... .
John Pallone
Joseph.Faris ......... ..................
............. .... ..........
Board of Appeals
in the Oflice of -the Town
Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
T.J. 0IReily Trustee
Evcon Realty Trust
7 Hodges Street
Nort'--. Andover, MA 01845
P. E C 11 ; _�
JOYCE BRtG'�_'-HAW
TOWS GLE�-K
NORTH AlhnOVER
�7
Decision
Petition # 003-95
The -Eoard of Appeals held a regular meeting on Tuesday evening
January 10, 1995 continued to February 14, 1995 upon the
app' ---'cation of T.J. O'Reily, Trustee requestinc a Special Permit
unde-- Section 9.2 Paragraph 1 so as to pE -nit relief from
condition #2 of the Board's decision of Petition #126-88 which
rest--icted the second floor use to 1200 s.f. due to parking. The
follswing members were voting and present: Walter Soule, Scott
Karr-'nski, John Pallone and Joseph Faris.
The hearing was advertised in the North Andover Citizen on
Dec==ber 21 and 28, 1995 and all abutters were notified by
reg,�:._ar mail.
Upor a motion by John Pallone and seconded by Scott Karpinski the
-Special Permit to amend the
Boa- voted unanimously to GRANT the
pric_- decision of Petition #126-88, to allow for the utilization
0-� an additional 1600 s.f of existing floor space with the
fcl__:�wing conditions:
1. --:-,ndition #2 of the 1988 decision is hereby deleted
2. --'--e entire second floor of the building shall be restricted
--o office space use only
3. prior decision of 1988 is, except as hereby amended, re -
and all other conditions and provisions thereof sha-
remain in full force and effect
The 3oard finds that the applicant has satisfied the provisions
of Section 9, Paragraph 9.1 of Zoning Bylaw and that such change,
extension or alteration shall not be substantially more
det--imental than the existing non -conforming structure to the
nei="hborhood.
Dated this 23rd day of February, 1995.
BOARD OF APPEALS
1�
Walter Soule, Actin7cChairman
- - 11�2
Any appeal shall be filed
within (20) days after the
date of filing of this
Notice in the Office
of the Town Clerk.
BOARD OF APPEALS
NOTICE OF DECISION
Date .. Feb.ruary. .......
Petition No.. . . Q Q 37-9;� ............
January 10, 1995
Date of Hearing. FfPbT�q4'U - 14,..�995
T* J. O'Reillyj��stee, Evcon.Realty.TTup� ...........................
.............
Petition of ........ ......
Premises affected 7. Hodges. Street ....................................................
..... .....
Referring to the above petition for a variation from the requirements tjr_tbw. unde�-r . S e c t i.o.n .9. 2,
Paragrap'.- 1 so as t.o.permit. relief. from. Condition. #.2. �of. the. �BQard ' 's. Aecision -of
Petition :`126-88 whish restricted the second floor use to 1,200 s.f. due to parking.
mxwtocparn2i1x- - - - ..... . ..... ................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. the
SPECIAL 2ERMIT and hereby authorize the Building Inspector to issue a
permit to T.J. O'Reilly Trustee, Ev.con Realty Trust ....... ....... .........
for the construction of the above work, based upon the following conditions:
1. Con-_:ition #2 of the 1988 decision is hereby deleted;
2. The entire second floor of the building shall be restricted to office space use
onl-.-; and
3. The Drior decision of 1988 is, except as hereby amended, reaffirmed and all
oth�_r conditions and provisions thereof shall remain in full force and effect.
The Boar--: finds that the applicant
has satiElHed the provisions of
Section :_�, Para. 9.1 of the
Zoning B -.-law and that such change,
extensio-_ or alteration shall not
be subst-antially more detrimental
than the existing non -conforming
structur�_ to the neighborhood.
Signed
1"Z
Walter Soule, Acting Chairman
Scott Karpinski . .. ......................
John Pallone
Josep:h,Fari.s ................ ...... ....
.............................
Board of Appeals
r__
IL
REG
J0'YGE BRAC AW
......
TOWN CLE!, -K
CHU
NORTli ANEOVER
V-4
TOWN OF NORTH ANDOVERY-
Ql�
jj
MASSACHUSErITS
BOARD OF APPEALS
NOTICE OF DECISION
Date .. Feb.ruary. .......
Petition No.. . . Q Q 37-9;� ............
January 10, 1995
Date of Hearing. FfPbT�q4'U - 14,..�995
T* J. O'Reillyj��stee, Evcon.Realty.TTup� ...........................
.............
Petition of ........ ......
Premises affected 7. Hodges. Street ....................................................
..... .....
Referring to the above petition for a variation from the requirements tjr_tbw. unde�-r . S e c t i.o.n .9. 2,
Paragrap'.- 1 so as t.o.permit. relief. from. Condition. #.2. �of. the. �BQard ' 's. Aecision -of
Petition :`126-88 whish restricted the second floor use to 1,200 s.f. due to parking.
mxwtocparn2i1x- - - - ..... . ..... ................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT. the
SPECIAL 2ERMIT and hereby authorize the Building Inspector to issue a
permit to T.J. O'Reilly Trustee, Ev.con Realty Trust ....... ....... .........
for the construction of the above work, based upon the following conditions:
1. Con-_:ition #2 of the 1988 decision is hereby deleted;
2. The entire second floor of the building shall be restricted to office space use
onl-.-; and
3. The Drior decision of 1988 is, except as hereby amended, reaffirmed and all
oth�_r conditions and provisions thereof shall remain in full force and effect.
The Boar--: finds that the applicant
has satiElHed the provisions of
Section :_�, Para. 9.1 of the
Zoning B -.-law and that such change,
extensio-_ or alteration shall not
be subst-antially more detrimental
than the existing non -conforming
structur�_ to the neighborhood.
Signed
1"Z
Walter Soule, Acting Chairman
Scott Karpinski . .. ......................
John Pallone
Josep:h,Fari.s ................ ...... ....
.............................
Board of Appeals
r__
PRINT CLEARLY AND USE BLACK INK.
JOYCE BRADSHNO
-TOWN
0�0�� OLERK
�,E- 16
Received by Town Clerk: U
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant T.J. O'Reilly, Trustee of Address c/o Ralph R. Joyce
Evcon Realty Trust Tel. No. 95 Main St.
North Andover, MA 01845
1. Application is hereby made: (508) 685-4555
For a varianee from the tnts of -PRbign
1paraeJr-aph- a d M- -a I -A I e of the 2-GRIng BY3 aws.
b) For a special Permit under Section 9.2 Paragraph 1
of the Zoning Bylaws.
As a Party Aggrieved, fe- ef a deelslen m de by
the Building laspeeter er ether autheri
2. a) Premises affected are land X and building(s) X
numbered 7 Hodges Street Street.
b) Premises affected are property with frontage on the
North ( ) South East West (<x) side of
Hodges Street.
Street, and known as No. 7 Hodges
Street.
C) Premises affected are in Zoning District G.B. , and the
premises affected have an area of 4803 square feet
and frontage of 101± feet.
3. ownership:
a) Name and address of owner (if joint ownership, give all
names):
T.J. O'Raily Trustee, Evcon Realty Trust
Date of Purchase June 23, 1992Previous Owner Robert Daicr e, et ux
-b4 1. if appileant is net owner-, --back- hi-,Ihar Interast
in the I
— .---peeti*e P,&Eehaser- Z.Q&&QQ- Qi -ha -r-
2. Letter of authorization for Variance/Special Permit
required. None
4. Size of proposed building: none front; none feet deep;
Height none stories; none feet.
a) Approximate date of erection: 1900±
b) Occupancy or use of each floor: retail/office
C) Type of construction: wood frame
5. Has there
premises?
21
been a previous appeal,
yes If so, when?
under zoning, on these
Description of relief sought on this petition relief from
condition #2 of the Board's Decision of Petition #126-88
7. Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
See attached
I agree to pay the filing fee, advertising in newspaper, and
incidental ex
'pe7,es*
gnat:ur,6 of P,4t!tioner(s
Every application for action by the Board shall be made—on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication 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 the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
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 that the
land of any such owner is located in another city or town, the
Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge
cost in the amount of $25.00. In addition, the petitioner shall
be responsible for any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing 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.
#7
Decision #126-88 restricted the second floor use to 1200 square
feet due to the parking. As the building has been in use since
the Board's decision and parking has not presented itself as a
problem, the petitioner wants to utilize an additioinal 1600
square feet of existing floor space. All renovations are
interior with no external alterations.
PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS.
ZBA. Premises to be affected: 7 Hodges Street
LIST OF PARTIES OF INTEREST
01 10 li=r%-r DmnPF=PT)('
IMAP JPARC��LOT INAME >S
pcon Realty Trust 10ne,Cherry Lane
T. J. O'Reilly Trustee (-;eorcjer-aw4 ii, iv" u -Lo -D -D
AM] I =MC
r-%I-jw
FM—AP
L- I L %.0
PARCEL LOT
ARCEL
NAME
NAME
18
39
-9
* lliain 1�. & Theresa,N. Cardi
.10 32 = Street
North Andover, MA
01845
18
37
F. & Christine W. Allen
3 Behnont. Street
North �Fd—over, MA
h
01845
18
—�O--
ideli House,', Inc..
1 Parker Stre
Lawre4 �l 0
24
les J. & Charlene F. Faro
_nce
5 Belmont Street
NC) h Anclover 'MA
01 PA
18
19/20
E. & Mary E. Shea
30 Cusack Road
Hampton, NH 03842
18
L-ri(-k W- F, c)r(-)i-h)7
90 Hodges
Spicer
Nbrth Andover, A
0184-9
18
6
&D Realty Trust /DOucflas
548 Forest Ssreet
E. Smal� ', TtListee
North Andovei; W�
01845
18
35
-,L--v Bahraw
Sc; Main qt -rt -pt
North Andave "I
r-18
ter G. & Maureen F. Voisine
8 Morton Street
North Andover, MA
01845
18
18
38
1
C. & Char nttp M- Gi
lf & Louise Carl -son
ga-,
or M-
39 Main Street
North Andcve--� MA.
01845
7Z
J. & Marcraret —9
Mortcm -qt---rppf--
Christensen, Jr.
North Andover, MA
01845
9
atrice M. Grande
47 Main Street
North Andovej; MA 01845
17
17
23
1-12
John -J. Callahan
_Sj/o Sharon Tuttle
IE,.J.W. Realty Trust
133 Greene Street
North Andover, mA
2f Main S et
MA
01845
M PAr;
7 13 u las F. Bicknell, Beverly 115 May S
M. Bicknell, Catherine mcDona d North
g24/25 V - aa-nid Realty Trust rt . til
Laisaa Bahrawy, Trustee No h
Jo�
's i r
jo!9eph E. & Dorothy N. Gia d 419 Johns
14
MA 0
IF MORE THAN 20 NAMES PROVIDE 2 SETSLABELS
PRINT CLEARLY OR TYPE USING BLACK INK,
I. ZBA. Premises to be affected:
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
10
ABUTTERS
MAP PARCEL ILOT INAM
JAUDHEbb
18 172 John J. & Agnes FarO
51 May �treet
North Andover, MA 01845
1B & M Rail -road c/o Wmond
Tron Hors,e Park
E.- LeBlanc- PrQpe-jzt�z
Nortih gillc--rica, mA QlR62-.
amnission
_77
,I
Ov
Robert K. Daigle
7 Hodges Street
N. Andover, MA 01845
'A0
RECEIVED
DAJjIEL LMIG
TD\114 r LF11K
AmLY19
NDRTH Aijou '4ER
CHU
V, V�
JUN 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . June. .1.6,..1988 ............
Petition Nol?A-88
...................
Date of Hearing. .4VP�. .1.4., .1?§§...
Petition of ... 99bgrt. Y�t .'Wg.�e .........................................................
Premises affected ........ 7. lipdg Q'9 . $ t 2 ......... .........................................
Referring to the above petition for rel�e.f Under. �S.ection
10.4 as a Party Aggrieved of a decision made by the Building Inspector or other
.authority.. . . The. s.pecif ic. relief. sought. is. to appeal the. denial of. the. Qccupancy
permit by the Building Inspector for a structure located at 7 Hodges Street and
M 4AYMM. also. requesting. a. Spe-cial. Permit. of. Section. 9.,. Paragraph .9. 1. of. the
bylaw to expand and alter a pre-existing, non -conforming structure located at
.7.Hodges.St ...........................................................................
After a public hearing given on the above date, the Board of Appeals voted to - GRANT ..... the
-Special. Permit. &. -Party. Aggreived. and hereby authorize the Building Inspector to issue
ZPWMUitLtM-.an-Occu-pancy.Pe.rmit-to.RGbert.K. Daigle . ................................
upon the following conditions:
1. A Restrictive Covenant be placed on the land owned by the petitioner
immediately across the street from the subject building allowing (17)
seventeen paved parking spaces exclusively for the use of the owner
or tenants of 7 Hodges St. and a copy of the Covenant be delivered to
Town Counsel for approval and record.
2. Only 1,200 sq. ft. of the second Signed floor of the building be allowed for
occupancy.
3. Plans be revised and submitted to Frank. SP.r.io, Jr..,. Chairman ...........
the Board for final approval.
... Augustine. Nicker.s.psn,. Clerk .........
1. William. $ullivan ....................
Walter. Soule .......................
_'4
aB o.ar4d- -
of Appe
u oe 0\f4 t\
0
C 01
0: el
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #126-88
Robert K. Daigle
7 Hodges St.
DECISION
N. Andover, MA 01845
The Board of Appeals held a public hearing on April 12, 1988, continued to
June 14, 1988 on the application of Robert K. Daigle requesting relief under
Section 10.4, as a Party Aggreived, of a decision made by the Building Inspector
or other authority. The specific relief sought is to appeal the denial of the
occupancy permit by the Building Inspector for a structure located at 7 Hodges
Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the
bylaw to expand and alter a pre-existing, non -conforming structure located at
7 Hodges Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Augustine Nickerson, Walter Soule and William Sullivan.
The hearing was advertised in the North Andover Citizen on March 24, 1988 and
March 31, 1988, and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED
unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes
the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon
the following Conditions:
1. A Restrictive Covenant be placed on the land owned by the
petitioner immediately across the street from the subject building
allowing seventeen (17) paved 'parking spaces exclusively for the
use of the owner or tenants of 7 Hodges St. and a copy of the Covenant
be delivered to Town Counsel for approval and record.
2. Only 1,200 sq. ft of the second floor of the building be allowed for occupanc,
3. Plans be revised and submitted to the Board for final approval.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in
particular will not derogate from the intent and purpose of the ByLaw nor will
it adversely affect the neighborhood.
Dated this 16th day of June, 1988.
BOARD OF APPEALS
Frank Serlro, rtl/- e_�
Chairman
/awt
0 1
NORTH
42
SSA U5
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #126-88
Robert K. Daigle
7 Hodges St.
DECISION
N. Andover, MA 01845
The Board of Appeals held a public hearing on April 12, 1988, continued to
June 14, 1988 on the application of Robert K. Daigle requesting relief under
Section 10.4, as a Party Aggreived, of a decision made by the Building Inspector
or other authority. The specific relief sought is to appeal the denial of the
occupancy permit by the Building Inspector for a structure located at 7 Hodges
Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the
bylaw to expand and alter a pre-existing, non -conforming structure located at
7 Hodges Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Augustine Nickerson, Walter Soule and William Sullivan.
The hearing was advertised in the North Andover Citizen on March 24, 1988 and
March 31, 1988, and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED
unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes
the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon
the following Conditions:
1. A Restrictive Covenant be placed on the land owned by the
petitioner immediately across the street from the subject building
allowing seventeen (17) paved 'parking spaces exclusively for the
use of the owner or tenants of 7 Hodges St. and a copy of the Covenant
be delivered to Town Counsel for approval and record.
2. Only 1,200 sq. ft of the second floor of the building be allowed for occupanc,
3. Plans be revised and submitted to the Board for final approval.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in
particular will not derogate from the intent and purpose of the ByLaw nor will
it adversely affect the neighborhood.
Dated this 16th day of June, 1988.
BOARD OF APPEALS
Frank Serlro, rtl/- e_�
Chairman
/awt
I DECLARATION OF' RESTRIC'VIVE COVENANT
K. DAIGIA.�, AND CLAIRE r. DAlGLE, TRUSTEES OF, 7 HODGES
STUE.H'T REALTY TRUST. U/D/T DATED MARCil 17, 1987, AND RECORDPD WITH
NORTH REGISTRY Or" DE'EDS AT BOOK 2452, PAGE 215, BEING
0 W N 1,,,'R5 OF' C E'RTA I N REAL ESTATE SITUATED I N ESSEX COUNTY,
MASSAC[1U51,, . 17S, B1*,,ING KNOWN AND DESSIGNATE'D AS 7 HODGES STREET,
NORT[.1 ANDOVER, E'SSEX COUNTY, MASSACHUSETTS, ALL MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
Parcel 4tl, beginning at an oak stake at the corner of Hodges and
May Streets as shown on a plan of land entitled, "Plan of land in
North Andover, Mass. belonginh to S.D. Hinxman, Est.",'dated March
1-920, drawn by Horace Hale Smith, Engineer and recorded at the
North Essex Registry of Deeds as Desk Plan No. 373; thence running
southerly along the westecly line of said Hodges Street to a point
94 feet northerly from an oak stake at the junction of said hodges
St--re,et an(-] Belmont Street; thence turning and running westerly 50
feet, more or less, in a line parallel to and 10 feet distant
sout-herly from the southerly side of "Blacksmith Shop", as shown
Oil said plan, to a point. in the dividing line between the lot
shown as having an area of 5,487.65 square feet; thence turning
and running northerly along said dividing line 79.86 feet as shown
on said plan. to an oak ;take at said May Street, as so shown;
thence tucninq and running 57.72 feet by the southerly side of
said May 511-reet. all as shown on said plan, to the point of
beg!'1111ing.
Having
been grant-od
a special permit by the
Town of North Andover
board
of Appeals Petition
Number 1-26-88, for
use of said premises,
i- n furt-herance
of
parking conditions therein contained, hereby
impo!3e
the following parking easement use restriction
on 'premises
1.2-'22
May Street also
owned by Robert K.
Daigle and Claire F.
Daigle
Trustees of
May Street Realty Trust,
u/d/t dated May 17,
1987,
recorded with
the Essex North Registry
of Deeds in Book 2452
Page 224,
described
as follows:
Parcel- R2 -- h
certain parcel of land, sLL-iiated on Hodges
Street,
.3o called, rioar
Main Street
in said North Andover, the
same being
lots nuinb(�ied
1171, 472 and
part of lot #70, as shown on plan of
lands of 1!fl-iZa
S. Sargent,
said plan being recorded in
the Essex
North Distl-rict
Registry of
Deeds, Book 43, Page 600,
to which
r-'efecerice may be had tor a more particular description.
ConLaining 10,100 square feet, more or less.
Restrictive covenant to run with the land for the benefit of 7
Hodges Street, and the Town of North Andover designating fifteen
(15) parking spaces as shown on a plan of land entitled "Plan of
Land in North Andover, Mass. owner Robert K. Daigle and Claire F.
Daigle, Trustees of May Street Realty Trust" dated June 22, 11988,
drawn by William S. MacLeod, Registered Land Surveyor, and
recorded at North Essex Registry of Deeds as Plan No. 11246.
RoE-ert K. Daigle, T rustee
Claire F. Daigle, Truste
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. Septem-b.&
Then personally appeared the above named Robert 1 "d
Claire F. Daigle, Trustees, and acknowledged
instrument to be their free act and deed.
otary Public
My commission e x p i re' s S
00061.,/43
M
rVI rn
Ylo
In
Of OORT�
Town of
OFFICES OF
NORTH ANDOVER
',�C. U ", DIVISION OF
CONSERVATION
I il- -ALTH
l I-ANNINC, PLANNING & COMMUNITY DEVELOPMENT
KAI_�ENH.P. NELSON, 1ARECTOR
April 8, 1988
Board of Appeals
Town office Building
North Andover, MA
Re: Dai�,le/Hodges Street Property
Gentlemen and Madam:
1:2() mmll stl,ecl
Norill
(G 17) 685-4777)
Upon review of material available in this office, a. Certificate of
occupancy was not issued to Mr. Daigle for the following reasons:
1) Violation of Section 8, para. 8.3; Site Plan Review was
not submitted prior to constructiorl*�
2) Violation of' Section. 9, para. 9.2 (1), (2), (3).
According to records of' the Board of Assessors, the original building
at 7 Hodges Street had an assessed area of 3,942 GFA. However, the
present facility constructed by Mr. Daigle has an assessed area of
5,200 GFA, a, clear violation of para. 9.2 (3) which states that all
increase in volume or area. shall not exceed twenty-five percent (25%)
of the original use.
Yours truly,
D. Robert Nicetta,
Building Department
DRN: gb
cc
Dir., DPCD
Town Counsel
T_
occupants.
No building permit shall be issued for the
construction of a new building structure, attached
building or structure on a single lot, for renovation
or expansion purposes or for replacement of an
existing building or structure requiring more than
five (5) parking spaces, until the -Planning Board has
issued a Special Permit. Further, all multi -family
development in the Village Residential District shall
be subject to Site Plan Review. (1987/28,11)
Only the following uses which require more than five
(5) parking spaces, shall be exempted from the
provisions of this section:
a. In a Residence 4 (R-4) District converted
dwelling which accomodate up to five family
units.
b. In all Residential Districts, existing dwellings
with rented rooms. (1987/28)
Said plan shall be prepared and stamped by a
registered architect and registered engineer and
landscape architect, and bearing an endorsement of
approval by the Planning Board. Plan to be recorded
with decision at the Registry of Deeds. I
2. Procedure - The applicant shall submit nine (9)
copies of the site plan to the Planning Board for
distribution to each appropriate Town board and
department for their review and recommendations. The
Planning Board shall not make a finding and
determination upon an application until a- public
hearing has been held and has received board and
department recommendations.
3. Plan Requirements
a) Compliance with the requirements for parking and
loading spaces for lot size, frontage, yards and
heights and coverage of building, and all other
provisions of the bylaw;
b) Convenience and safety of vehicular and pedestrian
movement on the site, and for the location of
driveway openings.in relation to street traffic;
c) Ad . equacy as to the arrangement and where not
herein specified, the number of parking and
SECTION 9
9.1 Continuance
NON -CONFORMING USES
Any non -conforming building, structure, or use, as
defined herein, 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 subject
to the provisions of this By Law. Any lawfully
non -conforming building or structure and any lawfully
non -conforming use of building or land may be continued
in the same kind and manner and to the same extent as at
the time it became lawfully non -conforming, but such
building or use shall not at any time be changed,
extended or enlarged except for a purpose permitted . in
the zoning district in which such building or use is
situated, or except as. may be permitted by a Special
Permit or otherwise by the North Andover Board of
Appeals. Pre-existing non -conforming structures or uses,
however, may be extended or altered, provided that no
such extension or alteration shall be permitted unless
there is a f inding by the Board of Appeals that such
change, extension, or alteration shall not be
substantially more detrimental than the existing
non -conforming use to the.neighborhood.
9.2 Alteration or Extension
A use or structure housing a use, which does not conform
to the regulations of this By Law but which did conform
to all applicable regulations when initially established
shall not be changed, extended, or enlarged except in
accordance with the following provisions:
1. Such change shall be approved by a Special Permit
or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot
occupied by the non -conforming use on the date that
it became non -conforming.
3. Any increase in volume, area, or extent of the non-
conforming use shall not exceed an aggregate of more
than twenty five percent (25%) of the original use.
4. No change shall be permitted which tends to lengthen
the economic life of the non -conformity longer than a
period reasonable for . the amortization of the initial
investment.
D i" N!
Tk' *:'-
N r, !.' 7
OrT ? 3 S' U4 Pill '85
,AORTH
14,
0
SA US
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
120 Main St.
North Andover, MA 01845
Dear Mr. Long:
Any appeal Shall be fi!cd
witi-iin (20) c!,n.%.,s Ifter the
- (t L
Of ci: '.!-
Lili, Notice
in the 0 ' 'ioe of the Town
Cler�.
October 22, 1986
Petition #32-87
Robert.K. Daigle -
Hodges Street
The Board of Appeals held a public hearing on October 14, 1986 upon
the application of Robert K. Daigle requesting a Special Permit of
Section 9, Paragraph 9.1 of the Zoning ByLaws so as to permit expan-
sion of non -conforming building for a purpose allowed in a general
business district. The following members were present and voting:
Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William
Sullivan, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the Lawrence Eagle Tribune on September 27
and September 29, 198c- and all abutters were notified by regular mail.
Upon a motion made by William Sullivan and seconded by Augustine
Nickerson, the Board voted unanimously to DENY the Special Permit
as requested.
The Board finds that adding to the pre-existing non -conforming building
would be a substantial detriment to the neighborhood and would be above
the 25% aggregate allowed by Section 9, Paragraph 9.2(3) of the Zoning
ByLaws. Further, the Board finds that a proposed parking area across
the street in question is not in accordance with the provisions of the
Zoning ByLaws.
Sincerely,
BOARD OF APPEALS
It, .1
Alfred Frize_�Je, Vice-chairman
I
/awt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Any aPPeal shall be file d
WW *
t.-Jn (201) c',9,1.1s after the
C:at--, Of -f this Notice
in the offi � '.)
Clerk, ce Of the Town
NOTICE OF DECISION
Robert K. Daigle Date .... octcLber..22.,. 1986 ...
1521 Great Pond Rd.
N. Andover, MA 01845 Petition No.. . a 2 a 7 .............
Dateof Hearing. Octoher. - .,..1986
Decision: October 21, 1986
Petition of .... Rob-ert- -K-.- -Daigl-e .....................................................
Premises affected ................... Hodge-s-Stre-et .....................................
Special Permit
Referring to the above petition for a T9XiX#M from the requirements of Ahec . s e c.t i o n .
Para.graph-.9.1. of.. the. zoni.ng..ByLaw.s ...........................................
so as to permit - expansion .,of - nom-%conf o-rming.bui.ld�ng..f or..a. p.vrP.QPA. sa.!Tpwed
-in - a. - gen.e.ral. -busin-ess. -district ..................................................
After a public hearing given on the above date, the Board of Appeals voted to ... DERY .... the
p e.c. i a.1. . P.e. r mi t ..................
PiMitAR -Th-e . B.oard - f.eel.s - that� -ad.din.g. to. t*.he. pre.-�exi.5t�nq. nQr17p.Qp;�QrTning
building would be a substantial detriment to the neighborhood
and would be above the 25% aggregate allowed,
by Section 9, Paragraph 9.2(3) of the Zoning B * vLaws. Further, the Board
finds that a propose*d parking area across the street in quastion is not
in accordance with the provisions of the Zoning ByLaws.
Signed Alf red F lle, Vice-chairman
c'
f4 1/' §6h 'Cl6Yk*
Au ust:in n 6k6'r*.
....... W I; i'i i�am * S'*u' 1, i* i v'a''n* ..... * *' * * * ' '
.......................................
Walter Soule
.............. ; .... ....................
Raymond Vivenzio
. ...................................
Board of Appeals
oRrif
T 0"i
K
A TTq
C U
OCT t3
S .4 A �it I i
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Any aPPeal shall be file d
WW *
t.-Jn (201) c',9,1.1s after the
C:at--, Of -f this Notice
in the offi � '.)
Clerk, ce Of the Town
NOTICE OF DECISION
Robert K. Daigle Date .... octcLber..22.,. 1986 ...
1521 Great Pond Rd.
N. Andover, MA 01845 Petition No.. . a 2 a 7 .............
Dateof Hearing. Octoher. - .,..1986
Decision: October 21, 1986
Petition of .... Rob-ert- -K-.- -Daigl-e .....................................................
Premises affected ................... Hodge-s-Stre-et .....................................
Special Permit
Referring to the above petition for a T9XiX#M from the requirements of Ahec . s e c.t i o n .
Para.graph-.9.1. of.. the. zoni.ng..ByLaw.s ...........................................
so as to permit - expansion .,of - nom-%conf o-rming.bui.ld�ng..f or..a. p.vrP.QPA. sa.!Tpwed
-in - a. - gen.e.ral. -busin-ess. -district ..................................................
After a public hearing given on the above date, the Board of Appeals voted to ... DERY .... the
p e.c. i a.1. . P.e. r mi t ..................
PiMitAR -Th-e . B.oard - f.eel.s - that� -ad.din.g. to. t*.he. pre.-�exi.5t�nq. nQr17p.Qp;�QrTning
building would be a substantial detriment to the neighborhood
and would be above the 25% aggregate allowed,
by Section 9, Paragraph 9.2(3) of the Zoning B * vLaws. Further, the Board
finds that a propose*d parking area across the street in quastion is not
in accordance with the provisions of the Zoning ByLaws.
Signed Alf red F lle, Vice-chairman
c'
f4 1/' §6h 'Cl6Yk*
Au ust:in n 6k6'r*.
....... W I; i'i i�am * S'*u' 1, i* i v'a''n* ..... * *' * * * ' '
.......................................
Walter Soule
.............. ; .... ....................
Raymond Vivenzio
. ...................................
Board of Appeals
LAW OFFICES OF RALPH R. JOYCE
ELLIS 13UILDING
95 MAIN STREET
NORTH ANDOVER, MA 01845
RALPH R. JOYCE
January 13, 1995
Town of North Andover
ZONING BOARD OF APPEALS
120 Main Street
North Andover, MA 01845
RE: PETITION OF EVCON REALTY TRUST
5 HODGES STREET, NORTH ANDOVER, MA
Dear Members:
(SOB) 665 4S55
FAX 685 3148
7)
F[TjAN 1 7
1BOARD OF APPEALS
I enclosed herewith my letter to the abuttors of December
27, 1995 requesting their input to Mr. O'Reilly's petition to
expand the use of the second floor of the above-cited premises.
In response thereto we spoke with three abutters and restate
their concerns as follows:
1. Morton Street is posted as a one way street from Main
to Hodges and there is an increased number of
violations with respect to this ordinance. While it
is conceded that this problem is not related to Mr.
O'Reilly's use and maintenance of his premises, he
indicated he would address the problem by replacing a
small one way traffic sign with a larger and more
obvious signage.
2. The video store on the first floor generates some
parking which has inconvenienced an abutter. Mr.
O'Reilly will assume responsiblity to post no parking
signs from the Belmont Street intersection with
Hodges Street to the Morton Street intersection and
primarily to protect the property of Larry and
Christine Allen.
3. The retail space is the most incompatible with the
residential interests of the neighborhood. The
expansion on the second floor is proposed for office
space only which of course will operate mostly during
business hours. The Petitioner would agree to a
restriction on the second floor use to office space
only to the exclusion of retail use so as to mitigate
the impact on the neighborhood.
We do hereby stipiulate that it is within the pervue of
the Board's authority to append these three conditions to your
decision. We are
inconvenienced by
this stipulation to
RRJ/mkk
mindful of the fact that the public was
the continued public hearing and do offer
evidence and perfect our intent.
cc: T.J. O'Reilly
Mr. & Mrs. Peter
Mr. Fred Spicer
Mr. & Mrs. Larry
Voisine
Allen
Evcon
y 1� it t
R � ��J o�3
LAW OFFICES OF RALPH R. JOYCE
ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVER, MA 01845
RALPH R. JOYCE
January 13, 1995
Frederick W. & Dorothy Spicer
20 Hodges Street
North Andover, MA 01845
Peter G. & Maureen F. Voisine
8 Morton Street
North Andover, MA 01845
Larry F. & Christine W. Allen
3 Belmont Street
North Andover, MA 01845
RE: PETITION OF EVCON REALTY TRUST
5 HODGES STREET, NORTH ANDOVER, MA
Dear Abutters:
(SOB) 685 4555
FAX 6135 314B
I enclosed herewith a letter recently filed with the Board
of Appeals which evidences and stipulates the conditions of the
special permit we recently discussed with all of you. if you
have any further suggestions regarding these adjustments,
please advise. 1.
RRJ/mkk
cc: T.J. O'Reilly
Zoning Board of Appeals
LAW OFFICES OF RALPH R. JOYCE
ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVER, MA 01845
RALPH R. JOYCE
December 27, 1994
RE: SPECIAL PERMIT APPLICATION
T.J. O'REILLY, EVCON REALTY TRUST
7 HODGES STREET, NORTH ANDOVER
Dear Abuttors:,
(SOS) 685 4S55
FAX 685 314a
You have, or will, receive notice from the Board of Appeals
that Mr. O'Reilly has petitioned to amend the Special Permit
granted for the use of the building located at 7 Hodges Street.
The Board previously restricted the use of the second floor to
1200 square feet based on the Board's concern for the
neighborhood about adequate parking. They required that parking
spaces on other property owned by Evcon Realty Trust located at
12-22 May Street be dedicated to the use of the Hodges Street
property. ,
In the last several years that Mr. O'Reilly has operated these
properties, the parking issue has not presented itself.
Accordingly, he is requesting the previous.decision be amended
so as to allow the use of an additional 1425 square feet of the
second floor. We emphasize that this is existing space and
there will be no exterior renovations.
We have taken the time to bring this issue forward to avoid and
obviate any concerns you may have with this proposal. Please
contact Mr. O'Reilly directly at 508-352-2208 or my office at
your convenience. We would be glad to provide the floor plans
which are on file with the Board of Appeals or to address any
concerns you may have.
Evco,n'Rea/ity
v con�
' adt��
b y,, -i t s tto n
a p
ph
cc: T.J. eilly
'PRINT CLEARLY AND USE BLACK INK.
LM"
GL '
,A 0,�T, -OVER
12
Received by Town Clerk:
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
Applicant T.J. O'Reilly, Trustee of Address c/o Ralph R. Joyce
Evcon Realty Trust Tel. No. 95 Plain St -
North An3aver, MA 01845
1. Application is hereby made: (508) 685-4555
-at For a yar4!ftnee fTen bile --ents ef Sestle
anEl Tab4e tbn 2
b) For a special Permit under Section 9.2 Paragraph I
of the Zoning Bylaws.
As a pftrty Asgr�eved' fe. — . ew ef a desisa:qn ;Rade by
t1ze R-u-4-1ding lnspeeteE er ether autherit-gr
.Z
2. a) Premises affected are land X and building(s) X
numbered 7 Hodges Street Street.
b) Premises affected are property with frontage on the
North ( ) South East West (-<x) side of
Hcdges Street.
Street, and known as No. 7 Hodges
Street.
c) Premises affected are in Zoning District G.B. , and the
premises affected have an area of 4803 square feet
and frontage of 101± feet.
3. ownership:
a) Name and address of owner (if joint ownership, give all
names):
T.J. O'Raily Trustee, Evcon R--alty Trust
Date of Purchase June 23, 1992Previous owner Robert Daig e, et ux
,b4 I. if appileant is F19t ewnar�-, chack his,/hsr Jntazar-t
i! t th e P ------- ;
--speetive
2. Letter of authorization for Variance/Special Permit
required. None
4. Size of proposed building: none f ront; - none feet deep;
Height ricne stories; rxx*ke feet.
a) Approximate date of erection: 1900±
M
b) occupancy or use of each floor: retail /of fice
C) Type of construction: wood frwne
5. Has there been a previous appeal, under zoning, on these
premises? yes If so, when?
6. Description of relief sought on this petition relief frCM
ccndil-tior. #2 of the Board's Decision of Petiticn #126-88
7. Deed recorded in the Registry of Deeds in Book Page
Land Court Certificate No. Book Page
The principal points upon which I base my application are as
follows: (must be stated in detail)
See alt-ta-ched
I aqree to pay the filing fee, advertising in newspaper, and
Every application for act -ion by the Board shall be inade-on a form
approved by the Board. These forms shall be furnished by the
Clerk upon request. Any communication purporting to be an
application shall be treated as nere 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 the applicant in the manner therein prescribed.
Every application shall be submitted with a list of "Parties of
Interest" which list shall include the petitioner, abutters,
owners of land directly opposite on jany 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 that the
land of any such owner is located in another city or town, the
Planning Board of the city or town, and the Planning Board of
every abutting city or town.
*Every application shall be submitted with an application charge
cost in the amount of $25.00. In addition, the petitioner shall
be responsible for any and all costs involved in bringing the
petition before the Board. Such costs shall include mailing 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. ..
W,
# 7
Decision #126-88 restricted the second floor use to 1200 square
feet due to the parking. As the building h -as been in use since
the Board's decision and parking has not presented itself as a
problem, the petitioner wants to utilize an additioinal 1600
square feet of existing floor space. All renovations are
interior with no external alterations.
PRINT CLEARLY OR TYPE USING BLACK INK. IF MORE THAN 20 NAMES PROVIDE 2 SETS LABELS.
7 Hodges Street
ZBA. Premises to be affected:
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
IMAP 1PARCEL ILOT 1NAME !ADDRESS
lone Cherry Lane
18 31 1 jBvcon f;4--aity Trust
T. J. O'Reilly Tr-astee Georgetowi) '11 MA 01833
ABUTTERS
MAP
':PAR
18
!,e 13
18
18
3 3
18
36
314
18 36
18
9 51
17 1 23
17 1 12
17 13
17 24/2
NAME JADDRESS
Theres a N ho 321 -v
!North Andover, MA 0
La F. & christine W. Alle—nJ3 Belmont Street
1N UT—And0ver, MA 0
Fidelity House," Inc.-
!L��rencejMA 0_1840
Cvjarles j. & Ciarlene F. Faro 1 5 Belnmt Street
-Nnrth Andnuer_Lt2_
lJohn E. & Mary E - Shea __ 130 Cusack Road
i jManptcn, NH 03842
C&D Realty Trust f
E. Srml� ',Trastee
R=sev RRhraw
G. & Maureen F. Wisine!6 Morton Street —
. JNorth Andover, MA 01845
548 Forest Ssreet __'_ —
North Andove.-� MA 61845
7� �jf & �Loul�seca.Ason 139 Main Street
iNorth Andovex MA 01845 1
0-iristensen, Jr.
rice M. Grande
�gg Sharcn Tuttle
.J.W. ��ty Tru
Bicknel I
hrawy, Trustee
E. & Dorotrry N
7 Main Street
brth Andovea� mA 01845
.33 Greene Street —
jorth Ardover, MA 01845
15 -May Street
d North. - 2, vjA 01645
15-.75:5andy I-ar) e -
F -1
77�
PR.lh7 CLEARLY OR TYPE USING BLACY INK-' IF MORE THO 20 KAMES PROVIDE 2 SETS LABELS
ZBA. Premises to be affected:
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
IMAP IPARCEL ILOT INAME 1AIDDRESS
I i . __ I - I I
A R I ITT F RR
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"T.
LEGAILHOTICE
-rovvt4 OF NORTH ANDOVER
BOARD OF APPEALS
N0710E
otice is hereby given that the Board of Ap-
3sis will hold a ' public hearing at the Senior
itizen's (A'snter located at the rear of the
own Building, 120 Main Street, NOrlh An -
:)ver on TUESDAY the 10th day of JANU-
=lY 1995, at 7:30 o'clock, to all parties in -
rested in the appeal of T.J. O'REILLY,
IUSTEE OF EVCON REALTY TRUST re.
.iesting a SPECIAL PERMIT under Sec.
.2, Paragraph I of the Zoning By Law so
to permit RELIEF FROM THE CONDI-
ON #2 OF THE BOARD'S DECISION OF
=-TITION #126-88 WHICH RESTRICTED
-iE SECOND FLOOR USE TO 1200
DUARE FEET DUE TO THE PARKING.
S THE BUILDING HAS BEEN IN USE
INCE THE BOARD'S DECISION AND
ARKING HAS NOT PRESENTED ITSELF
S A PROBLEM, THE PETITIONER
/ANTS TO UTILIZE AN ADDITIONAL
600 SQUARE FEET OF EXISTING
LOOR SPACE, ALL RENOVATIONS ARE
NTERIOR WITH NO EXTERNAL ALTER -
,TIONS. on the premises, located at 7
'ODGES STREET, ZONING DISTRICT G,
,40RTAI
0
'7SACHU5*-
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
By Order of the Board of Appeals Notice is hereby given that the Board of Appeals will hold a
William J. Sullivan, Oiairman
4orth Andover Citizen 1 Z21, 28 2t
public heating at the Senior Citizen's Center located at the rear
of the Town Building, 120 Main Street, North Andover on
TUESDAY
the 10TH day of
JANUARY
19 95 , at 7:30 o'clock, to all parties interested in the
TRUST
appeal of T.J. O'REILLY, TRUSTEE OF EVCON REALTY — requesting a
SPECIAL PERMIT under
Wa�ftXUXXM Sec. 9.2, Paragrai)h 1 of the Zoning By Law
so as to permit RELIEF FROM CONDITION #2 OF THF goAgnl( ,Tnm n
nFr�Ty
PETITION # 126-88 WHICH RESTRICTED THE SECOND FLOOR USE TO 1200 SQUARE FEET
DUE TO THE PARKING. AS THE BUILDING HAS BEEN IN USE SINCE THE 'RnAR]1LS---
DECISION AND PARKING HAS NOT PRESENTED ITSELF AS A PROBLEM, THE PETITIONER
WANTS TO UTILIZE AN ADDITIONAL 1600 SQUARE FEET OF EXISTING FLOOR SPACE,
ALL RENOVATIONS ARE INTERIOR WITH NO EXTERNAL ALTERATIONS.
on the premises, located at 7 HODGES STREET, ZONING DISTRICT G,B.
By Order of the Board of Appeals
William J. Sullivan, Chairman
Publish in the North Andover citizen on December 21 & 28, 1994
�v 4 . .. .'N
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Dear A�Dn.,icant:
cs ez4 a co cy o f the I ega 1 no t i ce f or your appi i ca I"- i on te r e
t --e Elcard- of- Acceals .
K"
for the following:
'v—
,L/ c�,� .7- J. �/�F
Y --,-:r musz be made payable to the Town of Nort"i Anclover an�'!
mav '--e sent: to my att-ent4 on at the Town Office Building, 120 Main
Stree�, �',�c-th Andover, Mass. 01845.
SincereLy,
BOARD OF APPEALS
Donna Mae D'Agata
SA
�M-
S5S LOELS.
?Rolj7rDy. 7
20
lim -
us -11W SIAM
't, V?'E. st
WdcgjeS
d
to be affecte
?Temises.
ta s
IFS OF
OF
e
()jS33
GeOr
------- - -----------------------------------
-----------
------------
PRINT CLEARLY OR TYPE USING BLACK INK., IF MORE THAN 20 NAMES PROVIDE 7. SETS 1ABELS.
ZBA. Premises to be affected:
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
IMAP jPARHL �tOT INAIJE JADDRESS
ABUTTERS
oo.
KAREN H.P. NELSON Town of 120 Main Street, 01845
Dirwtor
(508) 682-6483
BUILDING % NORTH ANDOVER
CONSERVATION AC DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 5, 1995
T. J. O'Reilly
Evcon Realty Trust
One Cherry Lane
Georgetown, MA 01833
Re: 7 Hodges Street, North Andover
Dear Mr. O'Reilly:
You are hereby notified that your request for a Building
Permit for 7 Hodges Street has been refused at this time due to
the fact that a restriction on occupancy of the 2nd floor of the
building to 1200 s.f. was imposed by the Board of Appeals in its
Decision of June 16, 1988. Please refer to Petition #126-88.
Please be advised that you have the right to appeal my
denial by seeking relief under Section 10, para. 4, of the North
Andover Zoning By -Law, as a party aggrieved of a decision made by
the Inspector of Buildings or other authority.
Yours truly,
D. Robert Nicetta,
Inspector of Buildings
/g
C: IB -of �Rp�jal�
Town of 120 Main Street, 01845
KAREN H.P. NELSON
Director (508) 682-6483
NORTH ANDOVER
BUILDING
CONSERVATION DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 5, 1995
T. J. O'Reilly
Evcon Realty Trust
one Cherry Lane
Georgetown, MA 01833
Re: 7 Hodges Street, North Andover
Dear Mr. O'Reilly:
You are hereby notified that your request for a Building
Permit for 7 Hodges Street has been refused at this time due to
the fact that a restriction on occupancy of the 2nd floor of the
building to 1200 s.f. was imposed by the Board of Appeals in its
Decision of June 16, 1988. Please refer to Petition #126-88.
Please be advised that you have the right to appeal my
denial by seeking relief under Section 10, para. 4, of the North
Andover Zoning By -Law, as a party aggrieved of a decision made by
the Inspector of Buildings or other authority.
Yours truly,
D. Robert Nicetta,
Inspector of Buildings
/g
c: �gW. �of A�p(�a�l
KAREN H.P. NELSON Town of 120 Main Street, 01845
Director (508) 682-6483
NORTH ANDOVER
BUILDING ..... . .
CONSERVATION DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 5, 1995
T. J. O'Reilly
Evcon Realty Trust
One Cherry Lane
Georgetown, MA 01833
Re: 7 Hodges Street, North Andover
Dear Mr. O'Reilly:
You are hereby notified that your request for a Building
Permit for 7 Hodges Street has been refused at this time due to
the fact that a restriction on occupancy of the 2nd floor of the
building to 1200 s.f. was imposed by the Board of Appeals in its
Decision of June 16, 1988. Please refer to Petition #126-88.
Please be advised that you have the right to appeal my
denial by seeking relief under Section 10, para. 4, of the North
Andover Zoning By -Law, as a party aggrieved of a decision made by
the Inspector of Buildings or other authority.
Yours truly,
D. Robert Nicetta,
Inspector of Buildings
/g
C: 0� __af Ai) ea
KAREN H.P. NELSON Town of 120 Main Street, 01845
Director (508) 682-6483
NORTH ANDOVER
BUILDING ..... .
CONSERVATION C DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
January 5, 1995
T. J. O'Reilly
Evcon Realty Trust
One Cherry Lane
Georgetown, MA 01833
Re: 7 Hodges Street, North Andover
Dear Mr. O'Reilly:
You are hereby notified that your request for a Building
Permit for 7 Hodges Street has been refused at this time due to
the fact that a restriction on occupancy of the 2nd floor of the
building to 1200 s.f. was imposed by the Board of Appeals in its
Decision of June 16, 1988. Please refer to Petition #126-88.
Please be advised that you have the right to appeal my
denial by seeking relief under Section 10, para. 4, of the North
Andover Zoning By -Law, -as a party aggrieved of a decision made by
the Inspector of Buildings or other authority.
Yours truly,
D. Robert Nicetta,
Inspector of Buildings
/g
C ard-of
_W.J.Zf A2 ea
RECEIVED
DANIEL 1.0"
TOW14 4ER
NORIH Aun
CH
VVVV JUN 42
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Robert K. Daigle
7 Hodges Street Date . June. .1.6,..1988 ............
N. Andover, MA 01845 Petition No�.1?.6788 ................
Date of Hearing. .4 ype. .1.4A. �? � � ...
Petition of ... 99 b PT:t. K � . P 4 � 9-�E� .........................................................
Premises affected ........ 7. HPAgq,9. $t .......... ..........................................
Referring to the above petition for relief. uuder. �S.ection
10.4 as a Party Aggrieved of a decision made by the Building Inspector or other
.authority.. . . The. s.pecif ic. relief . sought. is. to . appeal. the. denial . of . the. occupancy
permit by the Building Inspector for a structure located at 7 Hodges Street and
IMMM. also, requesting. a. Spe-cial. Permit . of. Section. 9.,. Paragraph .9. 1. of. the
bylaw to expand and alter a pre-existing, non -conforming structure located at
.7.Hodges.St ...........................................................................
After a public hearing given on the above date, the Board of Appeals voted to - GRANT ..... the
Special. Permit. &. -Party. Aggreived. and hereby authorize the Building Inspector to issue
Z1eXKCtk1%X.an.Occupancy.Permit to-Robert-K..Daigle . ................................
A%KMRxxpy,tm$bmxgtdW,qkqyw-Tmkxbased upon the following conditions:
1. A Restrictive Covenant be placed on the land owned by the petitioner
immediately across the street from the subject building allowing (17)
seventeen paved parking spaces exclusively for the use of the owner
or tenants of 7 Hodges St. and a copy of the Covenant be delivered to
Town Counsel for approval and record.
2. Only 1,200 sq. ft. of the second Signed floor of the building be allowed for
occupancy.
3. Plans be revised and submitted to Frank. SP.r.io, Jr..,. Chairman ...........
the Board for final approval.
... Augustine. Nicker.sPA. Clerk .........
� I William. -Sullivan ....................
.Walter. Soule .......................
Board -o-f -Appei
�.JIA k'�u dam 0
kvie
01 01.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #126-88
Robert K. Daigle
7 Hodges St.
DECISION
N. Andover, MA 01845
The Board of Appeals held a public hearing on April 12, 1988, continued to
June 14, 1988 on the application of Robert K. Daigle requesting relief under
Section 10.43, as a Party Aggreived, of a decision made by the Building Inspector
or other authority. The specific relief sought is to appeal the denial of the
occupancy permit by the Building Inspector for a structure located at 7 Hodges
Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the
bylaw to expand and alter a pre-existing, non -conforming structure located at
7 Hodges Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Augustine Nickerson, Walter Soule and William Sullivan.
The hearing was advertised in the North Andover Citizen on March 24, 1988 and
March 31, 1988, and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED
unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes
the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon
the following Conditions:
1. A Restrictive Covenant be placed on the land owned by the
petitioner immediately across the street from the subject building
allowing seventeen (17) paved 'parking spaces exclusively for the
use of the owner or tenants of 7 Hodges St. and a copy of the Covenant
be del ivered to Town Counsel for approval and record.
2. Only 1,200 sq. ft of the second floor of the building be allowed for occupanc.,
3. Plans be revised and submitted to the Board for final approval.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in
particular will not derogate from the intent and purpose of the ByLaw nor will
it adversely affect the neighborhood.
Dated this 16th day of June, 1988.
BOARD OF APPEALS
Frank Serilro, rie
Chairman
/awt
ItEr'C'NED
,,ORTH
DAgIE ' L 1_01G
-T evi Ili ER
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #126-88
Robert K. Daigle
7 Hodges St.
DECISION
N. Andover, MA 01845
The Board of Appeals held a public hearing on April 12, 1988, continued to
June 14, 1988 on the application of Robert K. Daigle requesting relief under
Section 10.43, as a Party Aggreived, of a decision made by the Building Inspector
or other authority. The specific relief sought is to appeal the denial of the
occupancy permit by the Building Inspector for a structure located at 7 Hodges
Street and also requesting a Special Permit of Section 9, Paragraph 9.1 of the
bylaw to expand and alter a pre-existing, non -conforming structure located at
7 Hodges Street. The following members were present and voting: Frank Serio,
Jr., Chairman, Augustine Nickerson, Walter Soule and William Sullivan.
The hearing was advertised in the North Andover Citizen on March 24, 1988 and
March 31, 1988, and all abutters were notified by regular mail.
Upon a motion made by Mr. Sullivan and seconded by Mr. Soule, the Board VOTED
unanimously, to GRANT the Special Permit and Party Aggreived and hereby authorizes
the Building Inspector to issue an Occupancy Permit to Robert Daigle based upon
the following Conditions:
1. A Restrictive Covenant be placed on the land owned by the
petitioner immediately across the street from the subject building
allowing seventeen (17) paved 'parking spaces exclusively for the
use of the owner or tenants of 7 Hodges St. and a copy of the Covenant
be del ivered to Town Counsel for approval and record.
2. Only 1,200 sq. ft of the second floor of the building be allowed for occupanc.,
3. Plans be revised and submitted to the Board for final approval.
The Board finds that the petitioner has satisfied the provisions of Section 10,
Paragraph 10.3 of the Zoning ByLaw and the granting of this Special Permit in
particular will not derogate from the intent and purpose of the ByLaw nor will
it adversely affect the neighborhood.
Dated this 16th day of June, 1988.
BOARD OF APPEALS
Frank Serilro, rie
Chairman
/awt
Dli,'CLARATION OF RESTLZIC'].'IVE COVENANT
1,\'.01:3 H' K. DAIG1,1-,' AND CLAIRE F. DAIGLE, TRUSTEES OF 7 HODGES
STR 1,1" L' REIALTY TRUST, U/D/T DATED MARCH 17, 1987, AND RECORDED WITH
THE' X'SSE'X NORTH REGISTRY OP D1 -%EDS AT BOOK 2452, PAGE 215, BEING
OWNERS 01" C I-, IZTA I N REAL ESTATE SITUATED I N ESSEX COUNTY,
MASSACHUSE-J."rS, BEING KNOWN AND DESIGNATED AS 7 HODGES STREET,
NORTH ANDOVER, ESSEX COUNTY, MASSACHUSETTS, ALL MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
Parcel Ifl, beginning at an oak stake at the corner of Hodges and
May Streets as shown on a plan of land entitled, "Plan of land in
North Andover, Mass. belonginh to S.D. Hinxman, Est.", dated March
.1-920, drawn by Horace Hale Smith, Engineer and recorded at the
North Essex Registry of Deeds as Desk Plan No. 373; thence running
southerly along the westecly line of said Hodges Street to a point
94 feet noct.herly from an oak stake at the junction of said hodges
Street an(] Belmont Street; thence turning and running westerly 50
feet, more or less.. in a line parallel to and 10 feet distant
southerly from the southerly side- of "Blacksmith Shop". as shown
on said plan. to a point, in the dividing line between the lot
shown as having an area of 5,487.65 square feet; thence turning
and running northerly along said dividing line 79.86 feet as shown
on said plan. to an oak stake at said May Street, as so shown;
thence, Clicning and running 57.72 feet by the southerly side of
said May S11 -re -et, all as shown on said plan, to the point of
begi.nning.
Having
been gcanted
a special permit by the
Town of North Andover
Board
Of Appeals Petition Number 1-26-88, for
use of said premises,
ill I'll 1-11eEance, of
parking conditions therein contained, hereby
impose
the following parking easement use restriction
on premises
1.2�22
May Streelt also
owned by Robert K.
Daigle and Claire F.
Daigle
'.rruste(�ls of
May Street Realty Trust,
u/d/t dated May 17,
1-98'/,
recorded with
the Essex North Registry
of Deeds in Book 2452
Page 224,
described
as follows:
Parcel- 11:2 -- A cortain parcel of land, situated on 11od(-
jes Street
so called, near
Main SLreet
in said North Andover, the
same being
lots ni)mbored 4171.
472 and
part of lot ff70, as shown
on plan of
lalld.5 Of Eli.Za
S. Sargent.
said plan being recorded in
the Essex
North Distl-ri-ct
Regisrry of
Deeds, Book 43, Page 600,
to which
refecence may be
had for a more
particular description.
0
0,
us 0.:QX
0 U i��-
()�FICES OF Town of
A I I PEALS
NORTH ANDOVER
MILIANG
CONSERVATION 'I.C.Us DIVISION OF
HEA1,'FH
PLANNING) PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, FARECTOR
April 8, 1988
Board of Appeals
Town Office Building
Worth Andover, TAA
Re: Daigle/Hodges Street Property
Gentlemen and Madam:
120 Xl�iin Street
North An(io\-er
�massachusclts
(6 17) 685-4775
Upon review of material available in this office, a. Certificate Of
Occupancy was not issued to Mr, Daigle for the following reasons.
1) Violation of Section. 8, para. 8.3; Site Plan Review was
not submitted prior to construction.,
2) Violation of Section. 9, para. 9.2 (1), (2), (3).
1.
According to records of the Board of Assessors, the original building
at 7 Hodges Street had an assessed area of 3,942 GFA. However, the
present facility constructed by Mr. Daigle has an assessed area of
5,200 GFA, a. clear violation of para. 9.2 (3) which states that an
increase in volume or area shall not exceed twenty-five percent (25%)
of the original use.
Yours truly,
D. Robert Nicetta,
Building Department
DRN: gb
CC: Dir., DPCD
Town Counsel
interrupted by normal entrances or exits and
shall not be required within ten (10) feet of a
street lot line.
Garaging or off-street parking of an additional
two (2) commercial vehicles may be allowed by
Special Permit.
When it is deemed to be in the public good,
parking for additional pleasure vehicles may be
allowed by Special Permit.
13. All parking in the Village Commercial District shall
occur to the rear of the structures, but not within
the required rear yard setback. No off-street
parking shall be allowed in the minimum required
front yard or any additional front year provided by
the developer. Parking in the front yard in the
Village Commercial District is prohibited. Also, no
parking shall be allowed in the required side yards.
(1987/12)
8.2 Automobile Service Stations and Other Automotive Services
Automobile service and filling stations, automobile re-
pair shops, body shops and painting shops, tire stores,
radiator shops or any of their appurtenances or access-
ory uses shall not be erected, placed or located within
fifty (50) feet of any residence district or residence
structure.
In addition, the use or structure shall conform to the
following requirements (in addition to district require-
ments):
1. The minimum frontage on a street shall be one hundred
and fifty (150) feet.
2. The maximum width of driveways and curb cuts measured
at the street lot line or lines shall be thirty (30)
or barriers may be interrupted by normal entrances or
exits and shall not be required within ten (10) feet
of a street lot line.
8.3 Site Plan Review
1. Purpose - The site plan review provisions are for the
purpose of administering the provisions of this
bylaw, to ensure the most advantageous use of all
properties, and for the reasonable protection of the
legitimate interests of adjoining property owners and
77
,1
occupants.
No building permit shall be issued for the
construction of a new building structure, attached
building or structure on a single lot, for renovation
or expansion purposes or for replacement of an
existing building or structure requiring more than
five (5) parking spaces, until the -Planning Board has
issued a Special Permit. Further, all multi -family
development in the Village Residential District shall
be subject to Site Plan Review. (1987/28,11)
only the following uses which require more than five
(5) parking spaces, shall be exempted from the
provisions of this section:
a. In a Residence 4 (R-4) District converted
dwelling which accomodate up to five family
units.
b. In all Residential Districts, existing dwellings
with rented rooms. (1987/28)
Said plan shall be prepared and stamped by a
registered architect and registered engineer and
landscape architect, and bearing an endorsement of
approval by the Planning Board. Plan to be recorded
with decision at the Registry of Deeds.
2. Procedure - The applicant shall submit nine (9)
copies of the site plan to the Planning Board for
distribution to each appropriate Town board and
department for their review and recommendations. The
Planning Board shall not make a finding and
determination upon an application until a- public
hearing has been held and has received board and
department recommendations.
3. Plan Requirements
a) Compliance with the requirements for parking and
loading spaces for lot size, frontage, yards and
heights and coverage of building, and all other
provisions of the bylaw;
b) Convenience and safety of vehicular and pedestrian
movement on the site, and for the location of
driveway openings.in relation to street traffic;
c) Ad . equacy as to the arrangement and where not
herein specified, the number of parking and
SECTION 9 NON -CONFORMING USES
9.1 Continuance
Any non -conforming building, structure, or use, as
defined herein, 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 subject
to the provisions of this By Law. Any lawfully
non -conforming building or structure and any lawfully
non -conforming use of building or land may be continued
in the same kind and manner and to the same extent as at
the time it became lawfully non -conforming, but such
building or use shall not at any time be changed,
extended or enlarged except for a purpose permitted in
the zoning district in which such building or use is
situated, or except as may be permitted by a Special
Permit or otherwise by the North Andover Board of
Appeals. Pre-existing non -conforming structures or uses,
however, may be extended or altered, provided that no
such extension or alteration shall be permitted unless
there is a finding by the Board of Appeals that such
change, extension, or alteration shall not be
substantially more detrimental than the existing
non -conforming use to the.neighborhood.
9.2 Alteration or Extension
A use or structure housing a use, which does not conform
to the regulations of this By Law but which did conform
to all applicable regulations when initially established
shall not be changed, extended, or enlarged except in
accordance with the following provisions:
1. Such change shall be approved by a Special Permit
or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot
occupied by the non -conforming use on the date that
it became non -conforming.
3. Any increase in volume, area, or extent of the non-
conforming use shall not exceed an aggregate of more
than twenty five percent (25%) of the original use.
4. No change shall be permitted which tends to lengthen
the economic life of the non -conformity longer than a
period reasonable for the amortization of the initial
investment.
LJ i�
T ",
NC-�� 7!
0 C T ? 3 '�_" 44' AN) '85
14,0
0
SA U
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Mr. Daniel Long, Town Clerk
120 Main St.
North Andover, MA 01845
Dear Mr. Long:
Any appeal Shall be filed
wit'lin after the
C:�;�-' Of Cf 4 1-1
L_ I Li 1:0- Notice
in the 01"lice of the Town
Clerk.
October 22, 1986
Petition #32-87
Robert ' K. Daigle -
Hodges Street
The Board of Appeals held a public hearing on October 14, 1986 upon
the application of Robert K. Daigle requesting a Special Permit of
Section 9, Paragraph 9.1 of the Zoning ByLaws so as to permit expan-
sion of non -conforming building for a purpose allowed in a general
business district. The following members were present and voting:
Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, William
Sullivan, Walter Soule and Raymond Vivenzio.
The hearing was advertised in the Lawrence Eagle Tribune on September 27
and September 29, 198C- and all abutters were notified by regular mail.
Upon a motion made by William Sullivan and seconded by Augustine
Nickerson, the Board voted unanimously to DENY the Special Permit
as requested.
The Board finds that adding to the pre-existing non -conforming building
would be a substantial detriment to the neighborhood and would be above
the 25% aggregate allowed by Section 9, Paragraph 9.2(3) of the Zoning
ByLaws. Further, the Board finds that a proposed parking area across
the street in question is not in accordance with the provisions of the
Zoning ByLaws.
Sincerely ,
BOARD OF APPEALS
Alfred Frize�je, Vice-chairman
/awt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
Any aPPeaf shall be filed
Wit -1 -in (:7�011 days after the
(;Ct�D Of ii� - - �"3 C)f this Notice
in the Office Of the Town
Clerk.
NOTICE OF DECISION
Robert K. Daigle Date .... actaber..22.,. 198JS ...
1521 Great Pond Rd.
N. Andover, MA 01845 Petition No. a 2 � 9 7 .............
Date of Hearing. - O-ct ohe r. . .,..1986
Decision: October 21, 1986
Petition of .... Rob-ert- -K-.- -Da-igl-e -
Premises affected ................... Hodge-s-Stre-et ....................................
Special Permit
Referring to the above petition for a y#*tjMX from the requirements of Akw - S e ct. i o n . 9.,.
P.ara.g raph. .9. 1. of . the. Zo ni.n g. ByLaws ...........................................
90 as to permit . expans ion .,of - non��conf orming. hui.ld�ng..for..4.'pVrpQP.q. 4.11pwed
In - a. - gen.e.ral. business. dist r -i c: t .................................................
After a public hearing given on the above date, the Board of Appeals voted to ... DERY .... the
.S p ep i a.1. . P.e. r m.i. t .................. xkk hemW AiXtMfl2tX "XB�kli� k%§Md*xf6xMi6xax
P=Rit)k -Th-e - Board - feelz - that. ad.din.g. to. the. pre.�exist.ing. I�Qrl7c.Q�i;E.Qirming
building would be a substantial detriment to the neighborhood
Am thoxwnstnxtiox nk"mbmMWW*X hami iapmtbA %
and would be above the 25% aggregate allowed,
by Section 9, Paragraph 9.2(3) of the Zoning ByLaws. Further, the Board
finds that a proposed parking area across the street in queLstion is not
in accordance with the provisions of the Zoning ByLaws.
Signed elle, Vice-chairman
'�4 A,J,fred F
t:i 'k ....... 'C 1 6'r k'
n6 N �erson
..........................................
William Sullivan
...... I ..............................
Walter Soule
.............. i .... ...................
Raymond Vivenzio
.................................
Board of Appeals
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OCT t3
S .4
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
Any aPPeaf shall be filed
Wit -1 -in (:7�011 days after the
(;Ct�D Of ii� - - �"3 C)f this Notice
in the Office Of the Town
Clerk.
NOTICE OF DECISION
Robert K. Daigle Date .... actaber..22.,. 198JS ...
1521 Great Pond Rd.
N. Andover, MA 01845 Petition No. a 2 � 9 7 .............
Date of Hearing. - O-ct ohe r. . .,..1986
Decision: October 21, 1986
Petition of .... Rob-ert- -K-.- -Da-igl-e -
Premises affected ................... Hodge-s-Stre-et ....................................
Special Permit
Referring to the above petition for a y#*tjMX from the requirements of Akw - S e ct. i o n . 9.,.
P.ara.g raph. .9. 1. of . the. Zo ni.n g. ByLaws ...........................................
90 as to permit . expans ion .,of - non��conf orming. hui.ld�ng..for..4.'pVrpQP.q. 4.11pwed
In - a. - gen.e.ral. business. dist r -i c: t .................................................
After a public hearing given on the above date, the Board of Appeals voted to ... DERY .... the
.S p ep i a.1. . P.e. r m.i. t .................. xkk hemW AiXtMfl2tX "XB�kli� k%§Md*xf6xMi6xax
P=Rit)k -Th-e - Board - feelz - that. ad.din.g. to. the. pre.�exist.ing. I�Qrl7c.Q�i;E.Qirming
building would be a substantial detriment to the neighborhood
Am thoxwnstnxtiox nk"mbmMWW*X hami iapmtbA %
and would be above the 25% aggregate allowed,
by Section 9, Paragraph 9.2(3) of the Zoning ByLaws. Further, the Board
finds that a proposed parking area across the street in queLstion is not
in accordance with the provisions of the Zoning ByLaws.
Signed elle, Vice-chairman
'�4 A,J,fred F
t:i 'k ....... 'C 1 6'r k'
n6 N �erson
..........................................
William Sullivan
...... I ..............................
Walter Soule
.............. i .... ...................
Raymond Vivenzio
.................................
Board of Appeals
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Any appeal shall be filed ....... TOWN OLER
CHU
within (20) days after the V11 V-0 NORTH ANC -OVER
date of filing of this TOWN OF NORTH ANDOVER -
Notice in the Office :
of the Town Clerk. MASSACHUSETTS i
BOARD OF APPEALS
NOTICE OF DECISION
Date . . Fe��T'4qrY- D-,- -199� .......
Petition No.. . .003-9.5 .........
January 10, 1995
Date of Hearing. Tebru-qU . 14,. .�995
Petition of .... T... J.. O'Rei.1.1.3� T�us.te.e,. Evc.op Realty. Trust ...........................
Premises affected 7. Hodges. Street ........................................ I ............
..... .....
Referring to the above petition for a variation from the requirements W-cthw. und-er Section .9.2,
Paragraph 1 so as to.permit relief from Condition #2 of.the.BQard'S.decision.Qf
Petition #126-8,8 'w'h*ish' re's*tr'ict'ed the ... second f'l'oo*r'u*se'*to*'*l,'200 s'.f. due to parking.
=>2WtMTRrn1idX - .... . . ... ... .........................................
After a public hearing given on the above date, the Board of Appeals voted to . GRANT ..... the
SPECIAL PERMIT . ....... and hereby authorize the Building Inspector to issue a
permit to T.J. O'Reilly Trustee,.Ev..con-Realty Trust .. . ... ... .... .... ....
for the construction of the above work, based upon the following conditions:
1. Condition #2 of the 1988 decision is hereby deleted;
2. The entire second floor of the building shall be restricted to office space use
only; and
3. The prior decision of 1988 is, except as hereby amended, reaffirmed and all
other conditions and provisions thereof shall remain in full force and effect.
The Board finds that the applicant
has satisfied the provisions of
Section 9, Para. 9.1 of the
Zoning Bylaw and that such change,
extension or alteration shall not
be substantially more detrimental
than the existing non -conforming
structure to the neighborhood.
Signed
Walter Soule, Acting Chairman
Scott Karpin.ski ... ......................
John Pallone
Joseph.Faris ............................
.............................
Board of Appeals
PARKING USE OBSERVATIONS
The Week of Feb. 6— 11, 1995
Morton Street
Location of
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SUMMARY
1.) At no time during this six day study did the total off street parking exceed 25% of the total
off street parking capacity, (6 cars / 24 parking spaces).
2.) At no time during this six day study did the total car count (both on and off street) exceed
.4#% of the total off street parking capacity, (16 cars / 24 parking spaces).
60.6
3.) Of the total 10 1 cars that were observed parking during this six day period, 54 drivers,
approximately 53% of the total, chose to park on the street