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HomeMy WebLinkAboutMiscellaneous - 37 WAVERLY ROAD 4/30/2018N a I' \ �Y D y83 g9 .� m hl", LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NONCE MAY 19, 1989 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 13th day of June 1989, at 7:30 o'clock, to' all parties interested in the appeal of Patricia Begley requesting a Special Permit Sec. 4.122 (14) of the Zoning By Law so as to permit reversal 01 deClslon 01 the Building W18peCtot and in the alternative Special Permit to convert existing dwelling to a duplex. on the premises, located at 37 Waverly Road. By Order of The Board of Appeals Frank Serio Jr. Chairmtian 5 BEAUTIFUL 1 "' y v old 9 -room hip roof Colonial in wonderful location. 4 bedrooms fireplaced family room with cathedral ceiling, first floor music room or library, kitchen with center island leads fo screened porch. EXCLUSIVE $299,900 m LEGAL NOTICE. h. .. t OF NORTH ANDOVER't 4 ; t MASSACHUSETTS sk BOAARD�tOF APPEALS I.. ",NOTICE b•:.Y: L ,` F MAY 1g; 4989 Notice is hereby given that )he Board of Appeals will".' give'a hearing at the Town Building, 0.�Xih Andover, on Tuesday es ening the 13th day of June 1889 at 7:30 o'clock; to all pdnies'' interested m then ' .appeal of -Patricia Begley 'requesting a Special¢= ii Permit Sec, 4.122 (14) of the Zoning By Law so as' +to permit, reversal of decision•of the Building Inspector and in the alternative special Permit to, convert existing dwelling to's duplex. on the-? I' premises located at 37 Waverly Road.*4 a II ) eaRs z,P r� By Order of} . t The;Board of Appeals;' Frank Seno it Ch air r�'t s4v 1 185.5 TOWN OF NORTH ANDOVER . MASSACHUSETTS BOARD OF APPEALS 'NT nmrnti• ....MAY 19., ..... 19.9 . Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on..Tue.sda.y . . evening ....... the 1.3thday of ..Jun.e ............... 19.8 9. , at .7 : 3cjclock, to all parties interested in the appeal of ........... PATRI,CIA. .BE.G LEY ....... ...... .. . RS eci-al Permit 4.122 requesting 14 g q g vanation of Seca.... .... .�... of the Zoning By Law so as to permit. reye. rsal of decision of the . .......................... Bldg... Insp..A. in..t.hp..alt.ern.atiye Sp. Permit .to. c.Qnv.ert..ex.�sting..dwelling..to. a .duplex ...................................................... on the premises, located at .... 3.7. Waver 1 y . Ro a d ....................................................... By Order of the Board of Appeals Frank Serio, Jr., Chrmn. Publish N.A,. Citizen: May 25 & Jn 1, 1989 Send bill to: John J. Willis, Jr., 160 Pleasant St., N.A. i -.0 9529 Date.. ............... NORTh TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that .......................................'.4G.............. . .......... ( ................. 00016 has permission to perform ....... 111ki...1 ..... �YO lv� ................ wiring in the building of .... ....................................... ................ e::P� �j at ........... ?.:7f . ........... ../4A...../U.................... .................... . North Andover, 7 Fee 3.) ........... Lic. No . ....... 1. 3 ........................................... ELECTRICAL INSPECTOR Check 4t I 2012 Massachusetts Electrical Code Amendments 527 CMR 12.00 § Rule 8: In accordance -with the provisions of M.G.L. c. 143, § 3L, the permit application form to provide notice of installation of wiring shall be uniform throughout the Commonwealth, and applications shall be filed on the prescribed forin. After a permit application has been accepted by an Inspector of Wires appointed pursuant to M. GI c. 166, § 32, an electrical permit shall be issued to the person, firm or corporation stated on the permit application. Such entity shall be responsible for the notification of completion of the work as required in M.G.L. c. 143, § 3L. Permits shall -be limited as to the time of.ongoing construction activity, and may be_deemed_bytheSnspector_of _Wires abandoned_and_invalidifhe—. or she has determined that the authorized work has not commenced or has not progressed during the preceding 12 -month period. Upon written application, an extension of time for completion of work shall be permiwed for reasonable cause. A permit shall be terminated upon the written request of either the owner or -the installing entity stated on the permit application. . The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections.74 and 75 of Chapter 238 of the Acts of 2012. The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property. With limited exceptions, the Act automatically extends, for four yeers beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on August 15, 2008 and extending"through August 15, 2012. La 'v _! Location ',31 U/A U£2 C Y /2007 No. Ir? 3 Date TOWN OF NORTH ANDOVER also: Certificate Occupancy $ of roe Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check #� 1. 18574 Building Inspector TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REP RENOVATJ OR DEMOLISH A ONE OR TWO FAMILY DWELLING BUILDING PERMIT NUMBER: / DATE ISSUED: SIGNATURE: LC-A—� Building Commissioner/Inspector of Buildings Date SECTION 1- SITE INFORMATION 1.1 Property Address: 3 77 1.2 Assessors Map and Parcel Number: Map Number Parcel Number 1.3 Zoning Information: Zoning District Proposed Use 1.4 Property Dimensions: Lot Area Fronto ft 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Required Provided Required Provided 1.7 Wata Supply M.G.I-C.40. 54) 1.5. Flood Zane Information: Public ❑ Private ❑ Zone Outside Flood Zane ❑ 1.8 Sewerage Disposal System: Municipal ❑ On Site Disposal System ❑ SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT Historic District: Yes No 2.1 Owner of Record N� ��Uk_ 61c,ke,V 37 �V-V1rc Name (Print) Address for Service d vIS- Signature Telephone 2.2 Owner of Record: Name Print Address for Service: ,lignature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Licensed Construction Supervisor. n / Address Signature Telephone Not Applicable ❑ LicenseNpptbee ' //� / Expiration Date 3.2 Registered Home Improvement Contractor Not Applicable ❑ Company Name (s (, Registration Number E on Address • G1'��� f ��O Sin Tel hone u 69 M X e_ z O SECTION 4 - WORKERS COMPENSATION (M.G.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building it. Signed affidavit Attached Yes .......0 No ....... ❑ SECTION 5 Description of Proposed Work check all applicable) New Construction ❑ Existing Building ❑ Repair(s) Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other ❑ Specify Brief Description of Proposed Work: Atra SECTION 6 - ESTIMATED CONSTRUCTION COSTS Item 1. Building Estimated Cost (Dollar) to be Completed b etmit a licant.. OFFICLALU;aE (a) Building Permit Fee Multiplier ONLY 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbing Building Permit fee (e) X (b) 4 Mechanical (HVAC)��--- 5 Fire Protection 6 Total 1+2+3+4+5 3 d Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, as Owner/Authorized Agent of subject property Hereby authorize to act on My behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date SECTION 7b 7b OWNER%/A, UTHORIZED AGENT DECLARATION 1, 1-114(t-1 0 ,as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief zy�qN COE ��-�✓�c�� Print Name S Si a - Owner/A ent D e w NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TINMERS 1 ST2 ND3 SPAN DIMENSIONS OF SILLS DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHDVMY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE r' www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): � It Al Address: C C-0 Al ,t P,l City/State/Zip: (% pL,l�-G�(` /y� Phone Are you an employer? Check the appropriate box: I . ❑ I am a employer with 4. ❑ 1 am a general contractor and 1 employees (full and/or part-time).* 2. ❑ I am a sole proprietor or partner- ship and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself. [No workers' comp. insurance required.] T have hired the sub -contractors listed on the attached sheet. These sub -contractors have workers' comp. insurance. 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13. F-1 Other *Any applicant that checks box # 1 must also fill out the section below showing their workers' compensation policy information. Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. +Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. � / Insurance Company Name: a �r- Policy # or Self -ins. Lic. #: j�(I °l_ �- / �j ��0 Expiration Date: l D G At/Job Site Address: City/State/Zip: %V'�%�/u Attach a copy of the workers' compen ation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certif u er the pains ,and pen It�ies of perjury that the information provided ab ve is true and correct. Si nature: G `f/ -- Date: � le CA Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: The Commonwealth of Massachusetts ' Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 r' www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): � It Al Address: C C-0 Al ,t P,l City/State/Zip: (% pL,l�-G�(` /y� Phone Are you an employer? Check the appropriate box: I . ❑ I am a employer with 4. ❑ 1 am a general contractor and 1 employees (full and/or part-time).* 2. ❑ I am a sole proprietor or partner- ship and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself. [No workers' comp. insurance required.] T have hired the sub -contractors listed on the attached sheet. These sub -contractors have workers' comp. insurance. 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13. F-1 Other *Any applicant that checks box # 1 must also fill out the section below showing their workers' compensation policy information. Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. +Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. � / Insurance Company Name: a �r- Policy # or Self -ins. Lic. #: j�(I °l_ �- / �j ��0 Expiration Date: l D G At/Job Site Address: City/State/Zip: %V'�%�/u Attach a copy of the workers' compen ation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certif u er the pains ,and pen It�ies of perjury that the information provided ab ve is true and correct. Si nature: G `f/ -- Date: � le CA Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the perfonnance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-72.7-4900 ext 406 or 1-877-MASSAFE Revised 5-26-05 Fax # 617-727-7749 www.mass.gov/dia proposal Siding Windows Jerry Lavallee Remodeling Roofing P.O. Box 374, Bradford, MA 01835 Carpentry Cell. 508-633-9141 ok PROPOSAL SUBMITTED TO Authorized PHONE DATE A' r` STREET' � Note: JOB NAME This proposal may be withdrawn by us if not accepted within days. CITY, STATE AND ZIP CODE JOB LOCATION j ,.r ARCHITECT DATE OF PLANS JOB PHONE 11 We hereby submit specifications and estimates for: / .................................... .•- ,_ _ , .: f r � 1 ....�_.. f .'- .- , t ...................................................................................................................................................................t....................................................::.............:... ........................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................... i< / ............................................................................................. I............... ........................................................................................................................................................................................................................................................................................................................................... ................................................................................................................................................................... r........................................................................................................ ..................................................... ......... ........................................................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................I...................... ........................................................................................................................................................................................................................................................................................................................................... Ve VrioPOO hereby to fumish material and labor—complete in accordance with above specifications, for the sum of: dollars ($ ) Payment to be made as follows: y., 7 / ! All material is guaranteed to be as specified. All work to be completed in a workmanlike manner Authorized according to standard practices. Any alteration or deviation from above specifications involving Signature ' extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully cov- Note: ered by Workmen's Compensation Insurance. This proposal may be withdrawn by us if not accepted within days. Zitteptance of Vropooal —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the Signature work as specified. Payment will be made as outlined above. Date of Acceptance: JSignature NORTH ANDOVER BUILDING DEPARTMENT Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit at:1 l is that the debris resulting from this work shall be disposed of in a pr erly licensed solid waste disposal facility as defined by MGL c 11, S 150 A. Also, note Permits are required under Fire Prevention laws Chapter 148 Section 10A. The debris will be disposed of in: ,- 00g� d) - "lU, Fire Department Sign off: Dumpster Permit on of Facility) Signature of Permit Applicant "/W,/, v- 4-C4, Date N m m m m m y El m C C?�0 � -4 0 �• NJ 0 Q N a0So to o o 0 o n mc.aC m Z y.m�c y a a 0 o m O 7 7 0 dgo o Z<.n CA � W X00: CD c =SO H n Z CO) Q ' a CD ..... d VJ C m H o 't1 C/)m a. y n y p a o OO v J O •� O :� a CCD to CA CL CA qmmw MW CD 01�CIS W� CD 0 p c� o co n � CD W�■ 1 C. CD y �• Cpj 0CD (ft H 9 o CD cn CD Oe.co CD 0CDN r* W n r= CD n �. 0 0 CD Crl : c 0= o cn ly rf cn 0-4 o o�n n :n a= o ata z = a arc z °'- n %;o oGc c 0 � r �= �^ n o CL n O o W LEONARD KOPELMAN DONALD G PAIGE ELIZABETH A LANE JOYCEFRANK JOHN W GIORGIO JOEL B BARD JOEL A 13ERNSTEIN RICHARD J. FALLON BARBARA J. SAINT ANDRE GEORGE M.MATTHEWS EVERETT J. MARDER KAREN V. KELLY DAVID L GALLOGLY SONDRA M. KORMANy " Clerk, Civil Land Court Room 408 Old Court House Boston, MA 02108 KOPELMAN AND PAIGE, P.C. A77ORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET BOSTON. MASSACHUSETTS 02110 September 12, 1989 (617) 451.0750 Re: Patricia L. Begley, et al. v. Frank Serio, Jr., et als. Civil Action No. 136821 Dear Sir/Madam: Enclosed for filing in the above -captioned matter is this firm's Appearance. Kindly file same. Thank you for your assistance. Very truly yours, `�- Z4� John W. Giorgio JWG/JAD/meg Enclosure cc: Norman M. Shack, Esq. Board of Selectmen Zoning Board of Appeals COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. PATRICIA L. BEGLEY ani JOHN P. BEGLEY, Plaintiffs, V. FRANK SERIO, JR., WILLIAM J. SULLIVAN, AUGUSTINE W. NICKERSON, WALTER F. SOULE, ANNA P. O'CONNER, RAYMOND A. VONVENZIO, LOUIS RISSAN, and D. ROBERT NICETTA, Defendants. CLERK OF COURT: LAND COURT C.A. NO. 136821 APPEARANCE Please enter the appearance of John W. Giorgio and James A. Dyrek as attorneys for the Defendants in this action. FRANK SERIO, JR., ET ALS. By their Attorneys, John W. Giorgio (BBO # 93540) James A. Dyrek (BBO #140130) Kopelman and Paige, P.C., Town Counsel 77 Franklin Street Boston, MA 02110 (617) 451-0750 CERTIFICATE OF SERVICE I, James A. Dyrek, hereby certify that on September 11, 1989, I served a copy of the foregoing Appearance, by mailing a copy, postage prepaid to the following counsel of record: Norman M. Shack, Esq. One Branch Street P.O. Box 718 Methuen, MA 01844 = i James A. Dyrek Cr COMMONWEALTH OF MASSACHUSETTS TRIAL COURT ESSEX, SS Patricia L. Begley John P. Begley, V. Frank Serio Jr. William J. Sullivan Augustine W. Nickerson Walter F. Soule Anna P. O'Connor Raymond A. Vivenzio Louis Rissin and D. Robert Nicetta, Plaintiffs) Defendants) PARTIES LAND COURT DEPARTMENT C. A. No. 115 o.115 / 0 V n,� COMPLAINT UNDER M.G.L. Ch. 40A, § 17 and for DECLARATORY JUDGMENT UNDER M.G.L. Ch. 231A 1. Patricia L. Begley and John P. Begley are residents of North Andover, MA (herein referred to as "Plaintiff"). 2. Defendants Frank Serio Jr., William Sullivan, Augustine W. Nickerson, Walter F. Soule, Anna P. O'Connor, Raymond A. Vivenzio, and Louis Rissin are residents of North Andover, MA and collectively duly constitute the members (and associate members) of the Board of Appeals of the Town of North Andover, MA (hereafter "Board"). 3. Frank Serio Jr., Raymond A. Vivenzio, Anna P. O'Connor and Louis Rissin were the specific members of said Board who actually made the decision hereinafter referred to in this complaint. 4. D. Robert Nicetta is a resident of North Andover, MA, and is the duly constituted Building Inspector of North Andover, MA (hereafter "Inspector"). BASIC FACTS, STATUTORY and BY-LAW PROVISIONS 5. Plaintiff owns a parcel of land located at 37 Waverly Road, North Andover, MA, more particularly described in deed to Plaintiff duly recorded with Essex North District Registry of Deeds, Book 2096, Page 331. Said parcel is hereinafter referred to as "locus", and a copy of said deed is annexed to this complaint and marked "Exhibit A". 6. The Town of North Andover has adopted, pursuant to M.G.L. 40A,.a zoning by-law applicable to the properties within the said town and said by-law (hereafter the "By - Law") regulates and restricts the use of land and buildings within said town, and classifies portions of said town into districts under the By -Law. 7. Pursuant to.said By -Law, the locus is situated within a Residence 4 District (hereafter "R-4"). A copy of the portion of the By -Law, being Section 4.122, including the sections thereof noted in the Building Inspector's letter hereinafter referred to is attached hereto as "Exhibit B" (containing four pages). Two family dwellings are a permitted use in an R-4 under Section 4.122 ( 1 4 ) of the By - Law. 8. M.G.L. Ch. 40A, § 6 restricts the applicability of a zoning by-law to properties under certain circumstances. A copy of pertinent provisions of said statutory section is annexed hereto as "Exhibit C". The time constraints for action by Board with respect to appeals from refusal of building inspector to issue permit are established in By -Law as Section 10.4. A copy of said provision is annexed hereto as "Exhibit B-2". 9. The procedures for obtaining relief from a refusal or denial of a building inspector with respect to an application for permit filed with said building inspector and/or for obtaining a special permit under a zoning by-law are governed by the provisions of M.G.L. Ch. 40A, including, but not limited to, sections 6, 8, 9 and 15 thereof. PROCEDURES TAKEN 10. On or before May 16, 1989, Plaintiff applied to Inspector for a building permit to construct or renovate the existing single family improvement on locus to a duplex or two family improvement. Inspector refused to issue such permit and referred. Plaintiff to Board, advising a special permit by Board was required under Section 4.122 (14) (a) and (18) for the issuance of the permit requested. A copy of the Inspector's letter so advising is annexed hereto as "Exhibit D". 11. On May 19, 1989, Plaintiff filed a written application with Board, pursuant to M.G.L. Ch. 40A, §§ 6, 8, 9, 15 and other applicable sections, and pursuant to Section 4.122 and such other applicable provisions of By -Law, requesting overruling or reversal of Inspector's refusal to issue permit and/or for Special Permit allowing conversion of existing single family dwelling to a two family dwelling. WHEREFORE, Plaintiff respectfully requests that this Court: 1. Hear all pertinent evidence and determine the facts. 2. Determine and adjudge that Board's decision to deny a grant of relief to Plaintiff was error as a matter of law and fact and Board thereby exceeded its authority. 3. Determine and adjudge that Board's failure to act within time limits specified by By -Law with respect to appeal from refusal of Inspector to issue building permit to Plaintiff constituted a grant of such reversal and order that Inspector is required (subject to any building code or other development requirements,apart from zoning,as may pertain) to Plaintiff for a proposed two family dwelling on locus. 4. Annul decision of Board. 5. Declare the By -Law is not applicable to locus and that Inspector is required to issue building permit (subject to any building code or other development requirements, apart from zoning, as may pertain) to Plaintiff for a proposed two family dwelling on locus. 6. Grant such other and further relief as justice and rights of parties may require. Patricia L. Begley, John P. Begley, by their attorney, Norman M. Shack One Branch Street Methuen, MA 01844 (508) 688-0292 BBO #452600 August 31, 1989 _, .N r +4 J i� s► • — Exhibit A BY2096 sersard Sotartsos, of Yilaiagtoa. Middles.: County, Masucbwatts, • • .1 EXECUTOR ander the VILL of � ttlary A. McGaa (Lots of North Andover. hsas.ehwatts) by power conferred by Decree allowing Patitioe for Sale of Ileal Estate 1 (Eases Probate Docket 185P0971 -E1) -• sad e'ety oder ?a -a. for ($86.500.00) Eighty Six Thousand Five Hundred and No/100 - Dousn j ps4grmuto • John T. legley and Patricia L. legley, Husband i Wife as Joint Teaoats, with rights of survivorship, of 37 Waverly Road, North Andover, Masa. •��:�+' � it _ t The land in said worth Andover, together with the buildi;gs. red one,tl) on a plan of land owned thereon, being shove as lot numbs by Mrs. E. S. Sargent in worth Andover, Mass., Coolidge and Baldwin, Engineers, June 1876,said plan being 'ecorded with North Eases -_ Deeds Book 43, page•600. The granted premises being -BOUNDED and_ _ tdescribed as follows -according to said plana pORTHEASTLRLYr by Short Street seventy and'23/100the t (70.23) feet! - 1)ORTHERLYt by Sargent Street forty two and 9/10ths ' (42.9) festl MLSTERLYt by lot number two (2) on said plan ninety two and 97/100th: 192.97) feet? _ SOOTBERLYs 'by land now or formerly of Ellis thirty. o 'nine and 45/100ths (39.45) faetl and 4 SOUrHEASTERLYt by Railroad Street seventy and 69/100the (70.69) feet. ! Containing 6431 square feet according to said plan. ° Minnie _,. •,� .� Being the same premises conveyed to Philip J: McGee by - :( t Greenwood by deed dated April 10, 1925 and recorded is Book 510 Page 371. The said Philip J. McGee died on November 13, 1946 late Of* i ket #21 Worth Andover, MA. Mary A. McGee was his sole beneficiary under his Last will and Testament. Bee Esser Probate Doc9119. Prcd Excise S-na f' a` ti sum of :-197.22: .•,- � �:fisrd et,d t:tr.�il'•a na t:+.ir Deeember sad snl day *L- c g ESTATE OF MART A. MCM ��1(/�/Q�-� t...-}�y-Q -- - -•—stn. 1 `6 ��'*�^�+•f••^ Executor- 04r emu==nLft4 >d Aa"ar#uta Us 7=- zodex IL J�acamb-r 19 Is l' Tbw Pwo-Ity app --d the above ssord lwraard iebertaoa , as Evocator • 1 sad silo ow aided the Lawns 6 to be T,f/ free aR and bled. befalna�e ' - - — ... ..- .�• • •.R7 `�: Amdr•ov T.• Shea-_ - tM•/f t'.it:.—.�Bt�9li — '�,$.Il; �r t n ...::.. a ir. rebrowr 9. M34_ "`• Rscordtid 1i�3t}� 5 ss iry 11AI -129689 Exhibit B. P. 1 c) The,Special Permit shall be recorded at the North Essex Registry of Deeds. (1�) Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (19) Day Care Center by Special Permit (1985/23) (20) Independent Elderly Housing by Special b Special Permit in Res. District 3 only. y 4.122 Residence 4 District (1) One residential building per lot. (2) Place of worship. (3) Renting rooms for dwelling purposes or furni- shing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or adver- tising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four X24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (4) For the use of a dwelling in any residential district or multi -family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on strictly within the principal building; _c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, 18 [I Exhibit B. p. 2 commodities or products which occupy space beyond these limits; e) There will be no display of goods or wares visible from the street; f) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, em - is -Sion of odor, gas, smoke, dust, noise, dis- turbance, or in any other way become ob- jectionable or detrimental to any residen- tial use within the neighborhood; g) Any such building shall include no feature of design not customary in buildings for residential use. (5) Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. (6) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres,'the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (7) Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent 19 Exhibit B. p• 3 the entrance of persons other than those re- siding at the pool location. Pools shall have minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (8) Museums. (9) a) Public and Private non-profit educational facilities. (1986/17) b) Private for profit educational facilities by Special Permit. (1986/17) (10) Municipal building or use, and public service corporation use (Special Permit required). (1986/18) (11) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. (13) Cemetery. V•(14) One or two-family dwellings, including the right to convert any existing dwelling to accommodate not more than five family units by Special P�er_m't from the Zoning Board of Appeals after a public hearing with due notice given, pro- vided: a) No major exterior structural changes shall- • be made which alter the character of the existing neighborhood. The right to convert shall apply to any dwelling under the ownership of one single person, partnership or corporation to be converted for use as a dwelling of not more than five family units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building Codes,= Zoning Laws, and Zoning Bylaws. .. b) Stairways leading to the second or any higher floor shall be enclosed. (1987/24) (15) Municipal recreational areas. (16) Guest or rooming houses. (17) Nursing and convalescent homes - see dimen- e 20 Exhibit B. 4.123 p. 4 sional requirements of Table 2 (Special Permit Required). (18) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. (19) Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (20) Day Care Center by Special Permit (1985/23) (21) Congregate Housing for Elders - Special Permit a) In the R-4 zone the Planning Board may grant a special permit for congregate housing consistent with special permit criteria and procedures set forth in Section 10.3 of this bylaw. b) The maximum allowable FAR for congregate housing shall be 0.30 in the R-4 District (7 units). c) In no instance shall any new or pre-existing building used for congregate elderly housing have more than 14 dwelling units. d) All dimensional criteria established in Section 7, Table 2 Summary of Dimensional Regulations shall apply to all structures used for congregate housing purposes. Village Residential District (1987/11) (1) Single family residential structures. (2) Two family residential structures. (3) Multi -family residential structures, not exceeding 5 dwelling units per structure. (4) Place of worship. (5) Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to 21 Exhibit C. 40A § 5 CITIES, TOWNS AND DISTRICTS Note 71 Powers granted zoning board of ap- peals by former c. 40A did not include Power to nullify acts of local legislative body In adopting and amending zoning P. 1 ordinances. Bearce v. Zoning Bd. of Appeals of Brockton (1966) 219 N.E.2d 15, 351 Mass. 316. § 6. Existing structures, uses, or permits; certain subdivision plans; application of chapter 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 publi- cation of notice of the public. hearing on such ordinance or by-law required by section five, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a struc- ture 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 ex- tent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not in- crease 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-law that such change, extension or alteration shall not be substantially more detri- mental 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 cases involving con- struction, 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 noncon- forming uses and structures abandoned or not used for a period of two years or more. Any increase in area, frontage, width, yard, or depth require- ments 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 recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing re- quirements and had less than the proposed requirement but at least 110 Exhibit C. p. 2 ZONING 40A § 6 F five thousand square feet of area and fifty feet of frontage. Any in- crease in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after January first, nineteen hundred and seventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot.was recorded or en- dorsed and such lot was held in common ownership with any ad- joining land and conformed to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained. at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and _ provided that said five year period does not commence prior to Janu- ary first, nineteen hundred and seventy-six, and provided further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. The provisions of this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not pro- hibited by the zoning ordinances or by-laws in effeq in a city or town. If a finitive plan, or a preliminary pla ollowed within seven months by a finitive plan, is submitted .t a planning board for ap- proval under the ubdivision control�aw, and written notice of such submission has been n to the ity or town clerk before the effec- P I_ tive date of ordinance or -1 vG, the land shown on such plan shall u�f�t<<"'� i be governed by the applica e rq�sions of the zoning ordinance or by-law, if any, in effect the time of�e first such submission while such plan or plans a being processed under the subdivision control law, and, if sucXefinitive plan or an amendment thereof is finally approved, for i e years from the date of the eri&kse ent of such approval, ex pt in the case where such plan was subffi d or sub - nutted an approved before January first, nineteen hund and seventy- ' , for seven years from the date of the endorsement of such ` Wh a plan referred to section eighty-one P of chapter forty- e has been ubmitted to a pla ng board and wrigen notice of uch submission as been give o the -city or town a k, the us of the land shown o such p shall be go rned y applil;able revisions of the zoning o in ce or by-law, in eff t the time o the submis-� sion of such pl hile such plan is b i rocessed n the sub-' division tcontrol law °eluding the ti a requi ed to ursue� await the determination of appeal r &red to in i section, an for a period,of three years fro the ate of endorsem nt by the planning board that approval under a subdivision control law is not re- quired, or words of similar import. i Disapproval of a plan shall not serve to terminate any rights which shall have accrued under the provisions of this section, pro- vided an appeal from the decision disapproving said plan is made 111 Exhibit B-2. P. 1 index under the name of the record owner, and noted on the owner's Certificate of Title; c) If the Special Permit involves registered property, the decision, at the owner's expense, shall also be filed with the Recorder of the Land Court. 7. The Special Permit Granting Authority shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, in- dicating such fact, and setting forth clearly the reason or reasons for its decision of its official actions, copies of all which shall be filed within fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner or applicant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant as to Section 17 of Chapter 40-A and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner and identification of the land and/or structures affected (if a variance complies with the statutory requirements for issuing variance). Certified copies of the decision shall be filed with the appropriate Special Permit Granting Authority and the Town Clerk. 10.32 Temporary Permit The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of not more than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character 'of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning By Law where the Board finds that owing to circum - 108 Exhibit B-2. p. 2 stances relating to soil conditions, slope, or topography of the land or structures and especially d6' affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this By Law will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substan- 14 tially derogating from the intent or purpose of this By Law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action form the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abuting city or town, aggrieved by any order or decision of the Building Inspector or other administrative officials in violation of any provisions of this By Law. Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the -grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning y;. Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. 1. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. 2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy-five (75) days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appeal, four (4) of the five (5) members of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed granted. 109 •OFFICES OF: V BUILDING CONSERVATION HEALTH PLANNING Exhibit D. Town of NORTH ANDOVER ""•' `' DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR 130 Mein Street Nurlh Andover, Massachusc:lls 01845 (508) 682-6483 May 16, 1989 John J. Willis, Jr., Esq. 160 Pleasant Street North Andover, MA Re: Begley Property, 37 Waverly Road Dear Mr. Willis; In light of what has been represented to me on the above -stated property, it is my determination that the proposal constitutes a structural change. It is my advice at this time, that the Begley's return to the Board of Appeals under Sec. 4.122 (14)(a) and (18).. Yours truly, D. Robert Nicetta, Building. Inspector DRN:gb cc: Dir., DPCD f 5 Exhibit E. 1 1 ?P�E�ved 'Uy Town Clerk: P. • RECCI'(E'� ; Date: TOWN OF NORTH ANDOVER, MASSACHUSOtIf3'-I.c!"0 BOARD OF APPEALS TO'1Y3 CI.H"K • TimeII' .::T; ER �•..... :" NOH Notice: This application must beMV fw911 ep 09 t APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Patricia Begley Address lq Annis Street I. Application is hereby made North Andover, MA (a) 5=Xa(XX&gKk&MKKX9RCEMXgi[aXRHgKYXaman28Xa7f;X22xtADAXXXXXXX1'AJ ;G;9'r3;ptXXXXXXX acid:xkadx)axxxxxxxakxtk(Kxtmvcica.kxkyxkaxs . •(b) For a Special Permit under Section 4,122 Paragraph 14 of the Zoning By -Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. .(a) Premises affected are land and building(s) numbered 37 Waverly Road Street. ` (b) Premises affected are property with frontage on the North ( ) Soutn ( ) East ( ) West ( ) side of Street, and known as No. Street. (c) Premises affected are in Zoning -District R4 and .the premises affected have an area of 6,431 square feet and frontage of 182 sciKaxa feet. 3. Ownership (a) .lame and address of owner (if joint ownership, give all names): Jack & patricia Begley Date of purchase 12/13/85 Previuus•Owner Mary A. McGee (b) if applicant is not owner, check his interest in the prEmises: Prospective Purchaser Leser Other (explain) addition to 4. Size of proposed building: ft front; 31 feet deep; Height: _18 2 1/2_ stories; less thanfeet. -- - —Y•35— Approximate date of erection: Summer 1989 �a) b) Occupancy or use of each floor: Residential (c) Type of construction :Wood frame 5. Sizetof existing building; 18.5 feet frust; 40.7 feet deep; Height: 2 1/2 stories; -17'—f e�—et . (a) Approximate date of erection: 1874 t' '•; (b) Occupancy or use of each floor: Residential (e) Yype b'f' construction: Wood frame °.+ 6. Has there been a previous appeal, under zoning, on these premises? Yes i If so, when? March 20, 1989 1. Description of relief sought on this petition Reversal of decision of the Building Inspector and in the Alternative Special permit to convert existing dwelling to a duplex . 8. Deed recorded in the Registry of Deeds in Book 2096 Pace 331 or Land Court Certificate No. Book —7—Pa Exhibit E. p. 2 The principal points upon which I base my application are as follows:' (Must be stated 4n detail) See attached.Schedule A I a e o pay for advertising in newspaper and incidental expenses* by Petitioner's Signature John J. Willis, Jr, tto 6zY for Petitioner Sec.. 1 APPLICATION FORM Every application for action.by the Board shall be made on a form approved by the Board. Theseforms 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- in- formation called for by. the form shall be. furnished by the applicant ire the manner therein prescribed. 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 abutters to the abutters within -three hundred feet 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 respon- sible for any and all r-osts involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. LIST OF PARTIES IN INTEREST Name Address Exhibit E. u. 3 Name 21mas M. & Donna M. Brennan Irene G. & Walter J. Pawlick Frank H. & Elizabeth Wright Eva M..Emerick Gilbert W. & Josephine Cardoza John & Carolyn M. Melvidas, Jr. Ena Todd Bixby & William A. Todd Bernard D. Zelitch & Caroline Cole Christins E. Hoysking tr .i.iara �r �3�on"j k? 14 Sargent Street, No. Andover, MA 18 Sargent Street, No. Andover, .MA _ 45 Waverly Road, No. Andover, MA 53 Waverly Road, No. Andover, MA 11 Sargent Street, No. Andover, MA 15 Sargent Street, No. Andover, MA 29 Waverly Road, No. Andover, MA 26 Waverly Road, No. Andover, MA . 247 Main Street, No. Andover, MA . WWI � Exhibit E. o. 4 SCIIEI7UI "A" BEGLEY APPEALS APPLICATION 1. The applicant can demonstrate that the lot involved in the application was lawfully laid out, and duly recorded by plan or deed prior to January 9, 1957. The applicant can further show that the lot in question is not adjoined by any other land of the applicant which would be available for combination with the lot. The lot therefore meets the exception provisions under the North Andover Zoning By -Law, under Section 7.8, Paragraph 1. Under such exception provision, the lot may be built upon so long as it has a minim un area of Five Thousand (.5,000) square feet, and frontage of Fifty (50) feet, and side yards are maintained at a distance of twelve (12) feet. A duplex is an allowed use in an R 4 district. The construction proposed by the applicant will occur within the setback requirements of the exception provisions of the By -Law, and will conply with the definition of a two (2) family dwelling under the Zoning By -Law section 2.34. The applicant therefore believes that the Building Inspector's determination that the construction proposed, requires a Special Permit under Section 4.122, Paragraph 14A and 18, is incorrect. 2. If the Board of Appeals believes the Building Inspector to be correct in his determination the applicant believes that she can show conpliance with the necessary provisions for the approval of the Special Permit under section 10.31 as follows: a. The lot is located in an R 4 district and is in an area where there are many two (2) family dwellings as well as single family dwellings and therefore the site is an appropriate one for the erection of a structure to accomodate a two (2) family dwelling. b. The additional construction will be done in a workman like manner and will blend with the other housing in the area, off street parking will be provided, and therefore the uses developed will not adversly effect the neighborhood. c. The uses developed will not create any nuisance or serious hazard to any vehicles or pedestrians. d. The site is serviced by water, sewer, and other public utilities, and therefore adequate facilities will be provided for the proper use of the property as a two (2) family dwelling. e. The applicant believes that the use of a lawful lot in an R 4 district for a two (2) family dwelling is in harmony, and the general purpose of the Zoning By -Law as it is specifically an approved use for that Zoning District. • ' . ,Any appal shall be fired Within (20) days after the date of fiiing of this Notice in the Office of the Town Clerk. * * Patricia Begley 37 Waverly Road N. Andover, MA 01845 **************************** Exhibit F. HORTh P TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #67-89 DECISION aECC1Yt'� , P. 1 pAN{FL L0;1t, NORTH ;,wo0`ER 41 A� %3 The Board of Appeals held a public hearing on June 13, 1989, continued to August 8, 1989 upon the application of Patricia Begley requesting a Special Permit of Section 4, Paragraph 4.122(14) and/or as a Party.Aggreived of the Zoning Bylaw so as to permit reversal of decision of the Building Inspector and in the alternative Special Permit to convert existing dwelling to a duplex on the premises located at 37 Waverly Road. The following members were present and voting: Frank Serio, Jr,, Chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 25, 1989 and June 1, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit as requested because the relief sought is inapplicable per the decision of Town Counsel in letter of August 4, 1989. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, un- animously, to DENY the Party Aggreived on the basis of letter from Town Counsel, dated August 4, 1989. Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms..Begley to obtain a Special Permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non -conforming single family dwelling to a two- family unit, per letter dated August 4, 1989. It was suggested to the petitioner by the Building Inspector that she return to the Board for a Special Permit under Section 9.2. Dated this 14th day of August, 1989. /awt ATTEST: A True Copy Town Clerk BOARD OF APPEALS Frank Serio, Jr. Chairman r be Vl%ed appeal S`^Is Biter th Any 201 d y ��otic within . • " o{ O's�oWn ,late of irlrn� of the . . 1n the e Clerk• Patricia Begley 37 Waverly Road North Andover, MA 01845 ` �N0RTff Exhibit F. p. 2 RECEIVED DAHIFL L3NG AreIL7n *X p T DW N CLERK • teas '• ► NORTH ayUOVER AUG 41 A TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date .... , August 14,..1989 ., ... . Petition No......... 67-89 _ ... , , • Date of Hearing.. August . 8, .1989 Petition of ..... Patl�ic;4. Begley..............................:.......................... Premises affected ....37. Wa:vP.rIy. Road ......... ....................................... . Special Permit and/or Special Permit Referring to the above petition for ax from the requirements of the Sect :iQu. 4.... , . . Paragraph 4.122(14) of the Zoning Bylaw so as to permit reversal. of .decision .of . the. Building .Inspectox .and. in the. alternative Special. Permit ..to. convert. existing. duelling. to .a . duplex. ................... ......... . After a public hearing given on the above date, the Board of Appeals voted to .. DENY...... the Special Permit & Party Aggreived AS REQUESTED on the basis of Town Counsel's interpretation of the Bylaw in a letter to the Board dateed August .4, 1989. Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms. Begley to obtain a special permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non -conforming single family dwelling to a two- family unit, in letter dated August 4, 1989. Petitioner was advised to return to the Board for a Special Permit under Section 9.2 S f she desires to pursue her request. tgne Frank Serio, Jr., ...ma Raymond Vivenzio. ...Anna. 0.'.Connor........................ Louis..Rissin .......................... ................................. Board of Appeals Any--a-ppeal shall be filed within (20) clays after the date—of -filing of this Notice in the Office of the Town Clerk. **************************** * Patricia Begley 37 Waverly Road N. Andover, MA 01845 * TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: #67-89 DECISION RECLIWD , pANIFi4 l..Ofdb -TO�,.{ NORT!{ ,,idUOVER AUG I a 1141 X01 The Board of Appeals held a public hearing on June 13, 1989, continued to August 8, 1989 upon the application of Patricia Begley requesting a Special Permit of Section 4, Paragraph 4.122(14) and/or as a Party Aggreived of the Zoning Bylaw so as to permit reversal of decision of'the Building Inspector and in the alternative Special Permit to convert existing dwelling to a duplex on the premises located at 37 Waverly Road. The following members were present and voting: Frank Serio, Jr., Chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 25, 1989 and June 1, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit as requested because the relief sought is inapplicable per the decision of Town Counsel in letter of August 4, 1989. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, un- animously, to DENY the Party Aggreived on the basis of letter from Town Counsel, dated August 4, 1989. Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms..Begley to obtain a Special Permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non -conforming single family dwelling to a two- family unit, per letter dated August 4, 1989. It was suggested to the petitioner by the Building Inspector that she return to the Board for a Special Permit under Section 9.2. Dated this 14th day of August, 1989. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt i be fi',ed aPPeai s`"a iter the Pny 201 days a Notice Witteo{ J.%vino. o{ tht� jown da o{ e In the Off ice Clerk. Patricia Begley. 37 Waverly Road North Andover, MA 01845 �tP lltpo�N • 1855 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECF_1Vt0 DANIEL LONG TOWIi W-_iZK NORT11 4, joOVER AN l.4 1141 Ntj'93 Date .....August 14, 1989 Petition No.....:... 6.7.-89 ... _ .. . Date of Hearing.. August 8, 19.8.9 Petition of .....Pati<icia. Begley........................................................ Premises affected ....37. Way.?ziy. Road .................................................. . Special Permit and/or Special Permit Referring to the above petition for ax�from the requirements of the Sec.t,i.ou. 4...... . Paragraph 4.122(14) of the Zoning Bylaw ......................................................................................... so as to permit reversal. o.£ .decisio.n .of . the..Building .Inspecto.r..and. in .the . alter.native Special. Permit ..to. convert. existing. dwelling. to .a . duplex ................................ After a public hearing given on the above date, the Board of Appeals voted to .. DENY...... the Special Permit . Party Aggrei ...... ed xxd)kmbyx&%thutkmxgmuBuikkxgxkMmtmxWJIKKCx • AS REQUESTED on the basis of Town Counsel's interpretation of the Bylaw in *a Metter 'to the Board dated August 4, 1989. �R Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms. Begley to obtain a special permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non -conforming single family dwelling to a two- family unit, in letter dated August 4, 1989. Petitioner was advised to return to the Board for a Special Permit under Section 9.2 Si s e desires to pursue her request. cgrte Frank Serio,.Jr.,.k.raf.... Raymond Vivenzio ... Azizla. 0.'.0 onzlo X ......................... Louis.. Rissin........................ ................................. Board of Appeals NORTH OF st�cn ,e gti0 0 O ^ SA US 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 21, 1989 Patricia Begley 37 Waverly Road N. Andover, MA 01845 RE: Letter from Town Counsel Dear Ms. Begley: Attached please find a copy of the letter from Town Counsel that your father requested in his telephone call of August 21, 1989. If you have any further questions, so not hesitate to call. Sincerely, BOARD OF APPEALS r—' Audrey W Taylor Enc. /awt LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON GEORGE M. MATTHEWS JAMES A. DYREK EVERETT J. MARDER JANE M. O'MALLEY KAREN V. KELLY COLLEEN B. WALKER SONDRA M. KORMAN ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW SUITE 1000 77 FRANKLIN STREET BOSTON, MASSACHUSETTS 02110 Mr. Raymond Vivenzio Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Begley Petition Dear Mr. Vivenzio: August 4, 1989 (617) 451-0750 FAX 451-1863 You have requested an opinion concerning a petition filed by Patricia Begley. Ms. Begley's property consists of a single family dwelling located in the R-4 district. The property does not meet the R-4 district dimensional requirements, but is grandfathered by virtue of Section 7.8.1 of the Zoning By-law. Ms. Begley now wishes to convert her non -conforming single family dwelling to a two family unit. You wish to know whether pursuant to Section. 4-122(14) of the by-law, Ms. Be,7 ey 1)aay cG�2Arert. ber dwelling to a two family unit by right, or whether that Section requires her to obtain a special permit. You also wish to know if any other provision of the by-law requires Ms. Begley to obtain a special permit. In my opinion, Section 9.2 of the Zoning By-law, rather than Section 4.122(14), is applicable and requires the petitioner to obtain a special permit before her non -conforming single family dwelling may be converted to a two family unit. In my opinion, the language of Section 4.122(14) is somewhat ambiguous as to whether a conversion of an existing dwelling to a two family unit requires a special permit or may be permitted as of right. It is my opinion that this section requires a special V KOPE"LMAN AND PAIGE, P. C. Mr. Raymond Vivenzio August 4, 1989 Page 2 permit only for conversions to three to five family units, and that one and two family dwellings are allowed as of right in the R-4 district. It is my opinion, however, that Ms. Begley's proposed change of use from a one family to a two family dwelling represents an alteration or extension of a non -conforming use that requires a special permit from the Zoning Board of Appeals. Ms. Begley may not convert the house to a two family by right under Section 4.122(14) since property fails to meet the current dimensional requirements for the R-4 district. A conversion to a two family dwelling is, in my opinion, an alteration or extension of the existing non -conformity. Section 9.2 of the Zoning By-law requires that such changes be approved by a special permit issued by the Zoning Board of Appeals. In summary, it is my opinion that the Zoning Board of Appeals may require Ms. Begley to obtain a special permit pursuant to Section 9.2 of the Zoning By-law if she wishes to convert her non -conforming single family dwelling to a two family unit. If you have further questions in this regard, do not hesitate to contact me. Very truly yours, J7- Barbara Saint And ge BJS/RB/sb cc: Board of Selectmen RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01846 (608) 686-4041 June 19, 1989 Barbara J. St. Andre, Esquire KOPELMAN AND PAIGE 77 Franklin Street Boston, MA 02110 QG RE: Town of North Andover Board of Appeals Request for Legal Opinion -Petition #67-89 n Dear Ms. St. Andre: I am a member of the Zoning Board of Appeals in North Andover. Enclosed herewith please find an authorization signed by Town Manager Paul.Sharon, relative to the instant request for a legal opinion from your office. The board, at its last regular meeting, was of the opinion that this application by Patricia Begley was of important value as a precedent, and Chairman Frank Serio authorized and endorsed the obtaining of an opinion from your office. The reason that it was felt to be an important case is that it is the applicant's position that every "legal" lot in a Residence 4 district, even those made "legal" under Section 7.8.1 of the bylaw (as is the applicant's), is ab- solutely entitled to a building permit to change an existing one (1) family dwelling to a two (2) family dwelling under Section 4.122(14). The board believes that this issue has never been before it previously, in that the prior Building Inspector interpreted the by-law in favor of the present applicant's position. The present Building Inspector rejects that interpretation and this is the reason why the applicant's petition is made in the alternative, i.e. as a "party aggrieved" by the Building In- spector's decision or for a Special Permit. RAYMOND A. VIVENZIO It is my personal feeling that only conforming lots, meeting all present dimensional requirements, are entitled to convert from a one (1) to two (2) family as a matter of right. Other lots not meeting the dimensional requirements of the district, but "legal" for whatever reason, constitute valid non -conforming lots subject to the Special Permit provisions of Section 4.122(14) and Section 9 of the By -Laws. In the present case, the applicant admits that its proposal constitutes a major structural change to the existing single- family dwelling. Your timely opinion on this important matter would be greatly appreciated. Sincerely RAV/fjs Enclosure Raymond A. Vivenzio J •w +lt,li RAYMOND A. VIVENZIO ATTORNEY AT LAW 89 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 (508) 686-4041 FAX (508) 794-0890 June 29, 1989 Barbara J. St. Andre, Esquire KOPELMAN AND PAIGE 77 Franklin Street Boston, MA 02110 RE: Pending Request for Legal Opinion North Andover Board of Appeals Petition #67-89 Dear Ms. St. Andre: I have been thinking about this matter since my June 19, 1989 letter to you, and wanted to share a thought with you. Under Section 4, Paragraph 4. 122 (14), I believe the operative words to be "convert any existing dwelling". I believe that this means the following, i.e. while one (1) and two (2) family dwellings are permitted as of right on a "new", unimproved lot, you must obtain a Special Permit t© change an existing single-family dwelling to anything more than that, whether a two (2), three (3), four (4) or five (5) family unit dwelling. Thank you for your attention to this matter. Sincerely, Raymond A. Vivenzio RAV/ fjs f TOWN OF NORTH ANDOVER REQUEST FOR LEGAL SERVICES DATE: June 14, 1989 NAME: Raymond Vivenzio TITLE: Member of ZBA COMMITTEE/DEPARTMENT: BOARD OF APPEALS 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.) Legal opinion on Petition 467-89 Patricia Begley Premises affected: 37 Waverly Road Special Permit under Section 4.122, Paragraph 14 TIME FRAME: (By what date is a response needed; please explain.) Needed for the meeting of August 8, 1989 - Tuesday evening SUBMIT COMPLETED REQUEST FORM TO OFFICE OF TOWN MANAGER FOR PROCESSING Your request for legal services relative to g ,.,t".+�w�. was: '--/Forwarded to Town Counsel Date: G -4-4 Returned Date: Reason: Town Manager ' N011�M Re Ved by Town Clerk: RECEIVED ��'. " Dace: TOWN OF WORTH ANDOVER, MASSACHUsD$,J�fLLGNG BOARD OF APPEALS TOWN CLERY, ` "...-.,,'r"` Time : _ NORTH .0400 ER sSACMUst'� Notice: This application must be y w 1,te,- APPLICATION FOR RELIEF FROM THE .REQUIREMENTS OF; THE ZONING ORDINANCE Applicant Patricia Begley Address_ Annis Street 1. Application is hereby made ,North Andover, MA ( a) cxacxw&Utica meaxf KamxkkaxKagKixRmRRtxxagxilx*Avmxxxxxxx TV)g z;ptxxxxxxx cxPadxWxxxxxxxmtxkkaxtamiKgxkyxicxmx . (b) For a Special Permit under Section 4,122 Paragraph. 14 of the Zoning, By -Laws. (c) As a party aggrieved, for review of a decision made by the Building Inspector or other authority. 2. (a) Premises affected are land and buildings) numbered 37 Waverly Road Street. (b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street, and known as No. Street. (c) Premises affected are in Zoning•District R4 and the premises affected have an area of 6,431 square feet and frontage of 182 lquaxa feet. 3. Ownership (a) .Jame and address of owner (if joint ownership, give all names): Jack & patricia Begley Date of purchase 12/13/85 Previous. Owner- Mary A. McGee (b) If applicant isnot owner, check his interest in the prEmises: Prospective Purchaser Lesee Other (explain) addition to 4. Size of proposed building: 18 ft_ front; 31 feet deep; Height; 1/2stories; less thanfeet. __2 _ ...._ .. 35 (a) Approximate date of erection:. Summer 1989 (b) Occupancy or use of each floor: Residential (c) Type of construc— ti n:Wood 'frame 5. Sizeof existin(j buiIdirig; feet front; 40._7 feat deep; Height: _18.5 2 1/2 stories; 27 feet. �T (a) Approximate date of erection: 1874 (b) Occupancy or use of each floor: Residential (c) Type a f construction; Wood frame 6. Has there been a previous appeal, under zoning, on thesejpremises? Yes If so, when? March 20, 1989 7. Description of relief sought on this petition Reversal of decision of the Building Inspector and in the Alternative Special permit to convert existing dwelling to a duplex 8. Deed recorded in the Registry of Deeds in Book 2096 r'aae 331 or Land Court Certificate No. _ _ .[look Page 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, in- formation 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 in Interest" which list shall include the petitioner, abutters, owners of land.directly opposite on.any public or private street or way, and abutters to the abutters within three hundred feet 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 respon- sible for any and all costs involved in bringi,ng the petition before the Board. Such costs shall incl,udg.mailing�and publication, but ,are not necessarily limited to these. (Jame LIST OF PARTIES IN INTEREST (Use additional Address sheets if necessary) I a f. M-7. R- 1 1 OI'0'. �MM OMONEW Name Thamnas M. & Donna M. Brennan Irene G. & Walter J. PaWlick Frank H. & Elizabeth Wright Eva M. Drerick Gilbert W. & Josephine Cardoza John & Carolyn M. Melvidas, Jr. Ena Tbdd Bixby & William A. Todd Bernard D. Zelitch & Caroline Cole Christins E. Hosking 14.Sargent Street, No. Andover, MA 18 Sargent Street, No. Andover,.MA_ 45 Waverly Road, No. Andover, MA 53 Waverly Road, No. Andover, MA 11 Sargent Street, No. Andover, MA 15 Sargent Street, No. Andover, MA 29 Waverly Road, No. Andover, MA 26 Waverly Road, No. Andover, MA . 247 Main Street, No. Andwer,.MA jam Wwar�P , *T �r i A BEGLEY APPEALS APPLICATION 1. The applicant can demonstrate that the lot involved in the application was lawfully laid out, and duly recorded by plan or deed prior to January 9, 1957. The applicant can further show that the lot in question is not adjoined by any other land of the applicant which would be available for combination with the lot. The lot therefore meets the exception provisions under the North Andover Zoning By -Law, under Section 7.8, Paragraph 1. Under such exception provision, the lot may be built upon so long as it has a minimum area of Five Thousand (5,000) square feet, and frontage of Fifty (50) feet, and side yards are maintained at a distance of twelve (12) feet. A duplex is an allowed use in an R 4 district. The construction proposed by the applicant will occur within the setback requirements of the exception provisions of the By -Law, and will comply with the definition of a two (2) family dwelling under the Zoning By -Law section 2.34. The applicant therefore believes that the Building Inspector's determination that the construction proposed, requires a Special Permit under Section 4.122, Paragraph 14A and 18, is incorrect. 2. If the Board of Appeals believes the Building Inspector to be correct in his determination the applicant believes that she can show compliance with the necessary provisions for the approval of the Special Permit under section 10.31 as follows: a. The lot is located in an R 4 district and is in an area where there are many two (2) family dwellings as well as single family dwellings and therefore the site is an appropriate one for the erection of a structure to accomodate a two (2) family dwelling. b. The additional construction will be done in a workman like manner and will blend with the other housing in the area, off street parking will be provided, and therefore the uses developed will not adversly effect the neighborhood. c. The uses developed will not create any nuisance or serious hazard to any vehicles or pedestrians. d. The site is serviced by water, sewer, and other public utilities, and therefore adequate facilities will be provided for the proper use of the property as a two (2) family dwelling. e. The applicant believes that the use of a lawful lot in an R 4 district for a two (2) family dwelling is in harmony, and the general purpose of the Zoning By -Law as it is specifically an approved use for that Zoning District. • .i 5. % � � ' '� �F a �'" � t i tryy �t • t i = � .p#$� t yt�' tii �� ' � r b�•u�,�. • � hr r z ��r �R3 � �� t- _ �* t �', ies.r,.,i � t .i t �y4P-t `� '''��k � s. -. .t•� 1 t y �. S 7, :�� k t�'t g, • { S S�." � �;�- S ttj. r �,. � t . t,..«. t ' yY #.� : �• "� a • �'•` d � :a.�'� ' `• .+ ! t� .� ,t i f 4 t t,.. ' r.. �,1 i Vii, '}I at! JT •r - ( 1 r - 1 1• � f 1 , • . S 1 tt 1 ! ' } •, iii .. .- t �.. 'Al , 4 t•r•� �. r �jjjjf�� � Ss s 16..f t y S , 1's S , ps Q � LP , • ' i� P �lry Cy DEGK N LOV 1/i' EX i 5T4,4 64317Ri�;f�! I{/2 STORY bwoov �.' woov N g•� X3 ' Poach 'D 70. 69 l W A`./ a "2-1--``` R04C) r a i i1) I f IK F�77 n ' r I 1 t x• i i�V'��.� a �♦�F SII' i 140` rf 1 tl.t {t'' 1 d �f r R-4 Dl5TR1CT P L OT COPY OF PLAN PY CHARLES EPMD+-11P RECG►4MR.Ed tAt #C SUR�/EYGfZ. PAjE1:;1 12 -1O -8`i ADDITIOW - 'TO NOr-AE t=O;Z JACK, RATTY SES L. FY 3i WAV F—;Z"lf RoA rD t -I • A v GOv E r-7— SCALE: SCALE: {I�l, . # - 0` APPROVED BY DRAWN 9Y R. CONI -7 - DATE: Zl`87 EP 1 r ICE DED ` t { 384 PARK P�.v.0 r UH IT ORA Nd NUiI t% a x ev e I if S , ps Q � LP , • ' i� P �lry Cy DEGK N LOV 1/i' EX i 5T4,4 64317Ri�;f�! I{/2 STORY bwoov �.' woov N g•� X3 ' Poach 'D 70. 69 l W A`./ a "2-1--``` R04C) r a i i1) I f IK F�77 n ' r I 1 t x• i i�V'��.� a �♦�F SII' i 140` rf 1 tl.t {t'' 1 d �f r R-4 Dl5TR1CT P L OT COPY OF PLAN PY CHARLES EPMD+-11P RECG►4MR.Ed tAt #C SUR�/EYGfZ. PAjE1:;1 12 -1O -8`i ADDITIOW - 'TO NOr-AE t=O;Z JACK, RATTY SES L. FY 3i WAV F—;Z"lf RoA rD t -I • A v GOv E r-7— SCALE: SCALE: {I�l, . # - 0` APPROVED BY DRAWN 9Y R. CONI -7 - DATE: Zl`87 EP 1 r ICE DED ` t { 384 PARK P�.v.0 r UH IT ORA Nd NUiI t% a x ev __�� �I� ��� _ -_ t . :� ���. {� OFFICES OF: BUILDING CONSERVATION HEALTH PLANNING Town of ' NORTH ANDOVER DIVISION Of- PLANNING FPLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR John J. Willis, Jr., Esq. 160 Pleasant Street North Andover, MA 120 Main Strcel North Andover, Massachusetts 0I845 (508) 682 -64tH May 16, 1989 Re: Begley Property, 37 Waverly Road Dear Mr. Willis; In light of what has been represented to me on the above -stated property, it is my determination that the proposal constitutes a structural change. It is my advice at this time, that the Begley's return to the Board of Appeals under Sec. 4.122 (14)(a) and (18).. Yours truly, D. Robert Nicetta, Building Inspector DRN:gb cc: Dir., DPCD r B M r PETITION TO HALT ADDITION TO PROPERTY AT 37 WAVERLY RD. We the people of the Waverly Road / Sargent Street neighborhood are petitioning the North Andover Board of Appeals to disallow any additional family dwellings to be built on the property at 37 Waverly Road. We feel that the additional structures and parking spaces for 4 cars on such a small lot will greatly detract from the beauty of the neighborhood. Also the additional parking causes safety concerns on busy Waverly Road and narrow Sargent Street. It is our opinion that the interested parties at 37 Waverly Rd. are interpreting the by-laws cited in their application towards their own interest only, and have no regards for their neighborhood or town. Zoning Law Section 7.8 Paragraph 1 has no, bearing on whether or not a multi -family dwelling can be built on this lot. The lot was laid out and an appropriate sized house was erected back in 1874. This by no means should give them the right to 41 this small lot with buildings and asphalt Jt5 years later. Section 4.122 Paragraph 14A deals with converting an existing dwelling to accommodate more families. As stated, No major exterior structural changes shall be made which alter the character of the neighborhood" In our opinion, doubling the size of a house is clearly a major structural change. It also states in this section that all state and town by-laws and codes must be met. The lot is 52% of the legal buildable size, it has only 71% of the legal frontage and their plan shows the proposed addition to be well outside of the legal 30 ft. minimum rear setback. Section 4.122 Paragraph 18 - The fact that we have signed this petition should show that the idea of expansion on this lot is offensive to all of us in this neighborhood. Section 10.31 Paragraph A. The site is not appropriate for building a multi -family dwelling on as it does not conform with the minimum lot size, frontage, and rear set back requirements as stated in table 2 of the zoning laws of the town of North Andover. Also, all houses abutting the property are single family homes. Paragraph B. The owners of this property have not proven to this neighborhood that the construction will not effect us. The people of this neighborhood have been more than patient in putting up with the mess and inconvenience of the construction project that has been going on at this property for over a year now. Paragraph C. The proposed parking causes many concerns but also an immediate safety concern for the children of the area, as each parking space crosses public sidewalks. Paragraph D. No argument Paragraph E. We feel that each neighbor has consistently demonstrated a great amount of pride in their property and therefore should be given as much consideration as possible as to what structural changes are made to property within our neighborhood. The signatures gathered below reflect our common interest in stopping the building of any additional apartments on the property at 37 Waverly road. Given the lot's size, the precedent it sets is one that this neighborhood is strongly opposed to. - Thank you for your consideration in this matter. ON 0 401C rl-5 6N P'l 710" -3- '1 - ----- EPA hk( 3(42 Ed Arne 0 „ tQ�oO-m.Mrn raL NORTH i? i •r ' OG O 9 r r s � r IACNUStt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: Date:_ Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ S'S0 for the following: Filing Fee Postage Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS W- Audrey W. Taylor, Clerk A S r i i cy of r� �z �k-� o Qi 4st� 1 p i LEGAL NOTICE N i TOWN OF NORTH ANDOVER MASSACHUSETTS e f i BOARD OF APPEALS NOTICE MARCH 20, 1989 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, 1 on Tuesday evening the 11th day of April 1989, at 17:30 o'clock, to all parties interested in the appeal of ` Patricia and. John Begley requesting a Special Permit of Sec. 4, Para 4. 122 (14) of the Zoning By Law so as to permit addition of two (2) apartments on land adjoining present dwelling for a total of three (1) units on the premises, located at 37. Waverly 1 Road. &p a , By Order of the Board of Appeals " N," -rank Serio, Jr., Chairman ' I i a TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE MARCH 20, 1989 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Tuesday evening the 11th day of April 1989, at 7:30 o'clock, to all parties interested in the appeal of Patricia and John Begley requesting a Special Permit of Sec. 4, Para 4. 122 (14) of the Zoning By Law so as to permit addition of two (2) apartments on land adjoining present dwelling for a total of three (3) units on the premises, located at 37. Waverly Road. By Order of the Board of Appeals Frank Serio,rJr., Chairman Gratitude and thanks to the Sa- cred Heart of Jesus, St. Jude the Worker of Miracles and St. Elias great prophet and healer for pray- ers answered. SSK TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March .2 0 ...... 19..89 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Tuesday evening.......... the ..11tlaay of . April .............. . 1989 , at. 3R'clock, to all parties interested in the appeal of ..Patric.ia .and. Jahn .Begley .......................... requesting ape c�oWrmit4.,. Para.4.122.�.the Zoning By Law go as to permit .................................. . addition .of . two..(.2)..apartments . on. land .ad3oin.iiig present dwellin.g..fora. total .of. three . (3) units .. . . . . . . ................................................... on the premises, located at. 37. Waverly. Road .............. ..................................................... By Der of Fr�anthe d of ApkSerio, ; irman Publish in N. A. Citizen on March 23 and March 30, 1989 Bill to: Patricia & John Begley 37 Waverly Road, North Andover, MA 01845 y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE March .2 0 ...... 19..89 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on.. Tuesday evening.......... the ..11tlaay of . April .............. . 1989 , at. 3R'clock, to all parties interested in the appeal of ..Patric.ia .and. Jahn .Begley .......................... requesting ape c�oWrmit4.,. Para.4.122.�.the Zoning By Law go as to permit .................................. . addition .of . two..(.2)..apartments . on. land .ad3oin.iiig present dwellin.g..fora. total .of. three . (3) units .. . . . . . . ................................................... on the premises, located at. 37. Waverly. Road .............. ..................................................... By Der of Fr�anthe d of ApkSerio, ; irman Publish in N. A. Citizen on March 23 and March 30, 1989 Bill to: Patricia & John Begley 37 Waverly Road, North Andover, MA 01845 V Al Any appeal shall be filed within (20) Cars after the date c f i, mg, of this Notice in the Office of. the Town Clerk. Patricia & John Begley 37 Waverly Road* N. Andover, MA 01845* NORTH Q�tt�EO ,b q�O ��SSNCHUSES TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Petition: 447-89 DECISION RECEIVED DAMEL LONG TAN CLERK NORTH ANDOVER al'R 13 1136 MIS S The Board of Appeals held a public hearing on Tuesday evening, April 11, 1989 upon the application of Patricia & John Begley requesting a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaw so as to permit an addition of two (2) apartments on land adjoining present dwelling for a total of three (3) units on the premises located at 37 Waverly Road. The following members were present and voting: Alfred Frizelle, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on March 23 and March 30, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit for the addition of two (2) apartments on land adjoining present dwelling. The Board finds that the petitioner has not satisfied the provisions of Seciton,'10, Paragraph 10.3 of the Zoning Bylaws and the granting of this Special Permit would derogate from the intent and purposes of the Zoning ByLaw and would be a detriment to the neighborhood. Dated this 19th day of April, 1989. BOARD OF APPEALS au�111� A red Fr z e Acting Chairman /awt .y Any appeal shall be filed within (20) c.ays after the clatc c�i ii;`c; of tl,i, f�otice In the Office of tlI.e JQ'Wrl Arm?" s'• 1835 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS RECf WED DANIEL LONG TMYN CLERK NORTH ANDOVER APR 19 1136 ANI'83 NOTICE OF DECISION Patricia & John Begley Aril 19 1989 37 Waverly Road Date ...... P........, ............ . N. Andover, MA 01845 47-89 Petition No... ............... Date of Hearing.... Apr i ], ,11, . 1989 Petition of ... Razr;Lc.i.a . & . John.Beg7-eY.................................................. . Premises affected ..... 37..Waverly. Road ................................................... Special Permit Referring to the above petition for a WMM from the requirements of XW. S e c tion . 4 , .... . Paragraph. .4-122 (14). of . the. Zoning. ByLaw............................................... so as to permit .. addition. o.f..two. (2)..apartments .on. land .adjoining .present .dwelling for .a.total .of.three.(3).units ......................................................... After a public hearing given on the above date, the Board of Appeals voted to ..DENY the Special Per.. �...as•requested............................................................... Signe �� Al ,red. Fr.izell. Acting. Chairman... . ... Augustine ..Nicker.son, . Clerk ........ ..:Walter. Soule ........................ Anna . 0.' Connor ....................... Louis.Rissin....................... Board of Appeals 4/11/89 Thomas and Donna Brennan 14 Sargent Street North Andover, Ma. 01845 To the Board of Appeals N.A. As abutters to the property at 37 Waverly road in North Andover, we are extremely interested in your decision on the proposed addition/conversion of this property into a multi -family unit. Therefore, we are requesting that you send us a copy of any decision that you make on this matter. Thank you, Thomas & Donna Brennan %i PETITION TO HALT ADDITION TO PROPERTY AT 37 WAVERLY RD. As a neighborhood, we suggest that the interested parties at 37 Waverly road are operating purely on a financial basis with no regard for what an additional family unit of any kind would do to the beauty of the neighborhood. Between the additional structures, existing garage and additional parking, the lot will consist of nothing but buildings and asphalt. We are not interested in seeing a multi -family unit, a garage and 6 parking spaces on such a small lot. The proposed parking causes many concerns but also an immediate safety concern for the children of the area, as each parking space crosses public sidewalks. We feel that each neighbor has consistently demonstrated a great amount of pride in their property and therefore should be given as much consideration as possible as to what structural changes are made to property within our neighborhood. The signatures gathered below reflect our common interest in stopping the building of any additional apartments on the property at 37 Waverly road. Given the lot's size, the precedent it sets is one that this neighborhood is strongly opposed to. Thank you for your consideration in this matter. .1-1 ,jeL tom✓" - I E.� PETITION TO HALT ADDITION TO PROPERTY AT 37 WAVERLY RD. As a neighborhood, we suggest that the interested parties at 37 Waverly road are operating purely on a financial basis with no regard for what an additional family unit of any kind would do to the beauty of the neighborhood. Between the additional structures, existing garage and additional parking, the lot will consist of nothing but buildings and asphalt. We are not interested in seeing a multi -family unit, a garage and 6 parking spaces on such a small lot. The proposed parking causes many concerns but also an immediate safety concern for the children of the area, as each parking space crosses public sidewalks. We feel that each neighbor has consistently demonstrated a great amount of pride in their property and therefore should be given as much consideration as possible as to what structural changes are made to property within our neighborhood. The signatures gathered below reflect our common interest in stopping the building of any additional apartments on the property at 37 Waverly road. Given the lot's size, the precedent it sets is one that this neighborhood is strongly opposed to. Thank you for your consideration in this matter. Received by Town Clerk: DANIEL LQ,,' -JG TOWN CLERK NORTH WOVER M49 , 49 AV,r TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OFAPPEALS AFL APPLICATION.FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant f�/1Z1e11f _ 1 �Q�,� &gt Address 3 / 6,v 1. Application is hereby made: a) For a variance from the requirements 'of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section`o/,��Paragraph of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land -V/. -.and .and buildings) numbered 3 WauF-R-0-1 R'a-----------Street . —•-- b) Premises affected are property with frontage on the North (^ South ( ) East ( ) West ( ) side of _ 4146/ZZ& Street, and known as No.—_,'�!9/'Rv��t� _ A __- Street. c) Premises affected are in Zoning District and the premises affected have an area of &q3 L -square feet and frontage of 70,61feet. 3. Ownership r 4a n a) Name and address of owner (if joint ownership, give all names): Date of Purchase�T�NBg_RLgSPrevious Owner Nagy. A ° MPG f� b) , If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) Size of proposed building: 341 front; 5.; feet deep; Height 2 stories; 2-7 -feet. a) Approximate date of erection: b) Occupancy or use of each floor:_J&S�_�a c.) Type of construction: 5. Size of existing building:_ IF, _feet front;feet deep; HeightYi- _stories; Z2 fcet . a) Approximate date ;of erection:��� b) Occupancy or use of each floor:_Da- U c) Type o f cons t r uc t i on: Wit) 04V----- 6. Has there been a previous appeal, under zoning, on these premises? N p If so, when? i • t N • ./ : . i "� ' •' � � •a., V , III Description of relief sought on this petition7#Lr6 ,oAP — -0ral , 3. >.. Deed recorded in the Registry of Deeds in Book '':5I Pager] i Land. Court Certificate No. Book Page .' •r�9 r ' the principal points upon which I base my application are as follows: must be • stated in detail) Will 9 10 r- 9 Inok. ,�'f ���rn�T N3� aF TIG'4ANa B ,0vsir✓4' 7X,�r oul4e Ae v ;t me r F,a�v.� rpt %i oril�ao��_MIbis"t11"Ioe.CA(RRG (AX31D G� LL 6j-A�E 2. �R-rtALV_eg�l 0 /,Jt Q�Cu P �iZTt�'1.1�XJ � � o" 71N Q p I Fl 2' L L V rl �,1� R I A2QR0t�r� �K� > �L� le�e'l�C 7. A iia a.4 Pu .�sz��z��c M�N0t/19rio�' �E'M� �As,�c�r•(o� . • /e�tCc�ctAGE'T'E ;S agree to pay the filing fee, advertising in newspaper, and incidental kpenses* gn ure of_+Pe rio er very application for action by the Hoard shall be made on a form approved y the Board. These forms shall be furnished by the Clerk upon request. ny communication purporting to be an application shall be treated -as mere otice of intention to seek relief until such time:as it'is.made on the fficiaL application form. All information called -for by the form shall e furnished by the applicant in the manner �hereinsprescribed. I very.application shall be submitted with a list of -•"Parties In Interest'. hick list shall-include.the petitioner,.abutters, owners of land directly pposite on any public. or private street or way, and abutters to the butters ;within' three hundred feet (300'.) of the property line of the '. etitioner' as they appear • on the most recent applicable tax list, otwithstanding that the land of any such owner is located in another r town, the Planning Board of the city or town,.and the Planning Board of ,. very, abutting city or town. Every application shall be submitted with•an application charge cost in e amount -of $25.00. In addition, the petitioner shall be responsible or any. and all costs involved in bringing the. petition before the. Board.-;..' ;:'�'•j�; uch, costs shall include mailing and publication, but are not necessarily;''.::;t,� invited to these. ' ery application shall be submitted with a plan of land approved by the ard: No petition will be brought before the Board unless said plan has en submitted. Copies of the Board's requirements regarding plans are !:'• ttached'hereto or are available from the Board of Appeals upon request.' LIST OF PARTIES IN INTEREST Name Address ,54. f �,?Uq te. ix, L 15 E r. L E 37 WR i101z I Al,�7 Eta � � '� ��E't2Cr�G• ��• � ,,, rz,� f-ttio.�I,�rZc� /Ib IMAP���'E�P.� sT /tlo.ff • ' R L Fi N, 17 NAME ADDRESS .._.... �rr`N ' CmItgEeT U. 4 TaSOktsic C'A a DOHA /l SA26ENT 57, /V A ^l uu tj (N V _ jFAANK N ftakE1=rI-T W4160' y1 t4)RVERC ZD. /N, A• 5:3 WP VE2 L jZ V• N. A ooYlAlAl ST ,u,y . L3FwxIF/2 1) • ZEL1i L e,;xatojr dale oZ % teogt1E21 /N,q. 110,0045 A'l. $ ROAWR At &EAW Al S GET Sr, AJ � G l!/�71 TE2. J� u�L t G � .ENi 5T h!• A T T u LIST OF PARTIES OF IN`T'EREST 4 a9 CzIL6FP.T U. 4 Toss?ktsig C. of // SR26ENT 5T, ,q< gLl / ED A "ToolD 61$,B 94 Gt llbigm !9. 1 51 Fr2ANK CLI,Zk6F-rj,,T G(1416/i% L/J WRVC-RLV TZD, IV, R - 1 73 p/A N 41W� t o K S3 wA VE/Z Ly KD I Al. A _ 13 C4�0,571 1oAe11vG 31N,41A! ST Al"q —.z13 d), Z•ELj/-c.# � emutlor GaLe ol'7 Wg11, 1gly RD. N1¢- 1f /MAS X1'1. � � o NA% /(/ sAn �G r Sr,, N, , ll gl TE2 OFFICES OF APPEALS BUILDING CONSERVATION HEALTH PLANNING O%, OORr i*f Town of NORTHANDOVER DIVISION OF PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR T0: eBORD OF APPEALS FROMROBERT NICETTA, BUILDING INSPECTOR RE:LIC HEARINGS, APRIL 11, 1989 DATE: APRIL 11, 1989 120 Main Street North Andover, Massachusetts O 1845 (617) 685-4775 PLEASE BE NOTIFIED THAT I WILL BE IN ATTENDANCE FOR THE SCHEDULED PUBLIC HEARINGS ON THIS DATE AND WILL PRESENT MY COMMENTS AT THAT TIME. DRN:gb / � G ,&ORTM id • �L �ss�cr+us�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dear Applicant: Date: 9LAt-dUa3 r -2 Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ c --c, for the following: Filing Fee Postage S $-o/- C ---e; Your check must be made payable to the Town of North Andover and .. may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS a 161— Audrey W. Taylor, Clerk