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Miscellaneous - 56 CHURCH STREET 4/30/2018
-56 CHURCH STREET 2101041.0-0040-0000.0 C3k, ? 1-a e I">rl Certified Mail Fee C3 $ 3. 35 M Extragervices&Fees(check box add fee a�S.appypif f) [99etum Receipt(hardcopy) $ I3 ❑Return Receipt(electronic) $ Postmark C3 ❑Certified Mail Restricted Delivery E Here C3 ❑Adun Signature Required $ I= E]Adult Signature Restricted Delivery C3 Postage c, OTotal Postage and Fees ` $ —0 Sent Tand -- D- A� �------ - ---------Street .,or P(7 Box-!---------------------------------- ---------------------- Certified Mail service provides the following benefits: e A receipt(this portion of the Certified Mail label). for an electron!c return receipt,see a retail c A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ®Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPSO-postmarked Certified Mail receipt to the is A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service- Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: Adult signature service,which requires the ®You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mair,First-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which n Certified Mail service is notavailable for requires the slgnee to be at least 21 years of age international mail. and provides delivery to the addressee specified c Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the a To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on e For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Retum Receipt;attach PS Form 3811 to your mailpiece; impo TAf1E save this receipt for your records. Ps Form 3800,April 2o15(Reverse)PSN 7530.02-000-9047 B.CGTION UNITED STATEST SRVICE First-Class Mail � � Postage&Fees Paid cc—,, ; ++i'' C. '.i. USPS P1.1 2 L Permit No.G-10 • Sender: Please print your name, address, and ZIP+4®in this box" North Andover u,. "J'pL,Dept 120 Main Street North Andover MA 01845 ifil�illE(�„�=:I��itl�}�jillrialelIt#fit�l#cif=�=•�(�±t(�l�t�l:�i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatur item 4 if Restricted Delivery is desired. �_ `t;-Agent ■ Print your name and address on the reverse X [� t3 Addressee so that we can return the card to you. B. Rec ' y(Printed Name) C �j Dat of Delivery ■ Attach this card to the back of the mailpiece, G1,�, or on the front if space permits. J 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Pc 2 2 3. Service Type l7Certified Mail® ❑Priority Mail Express- ,_ ❑Registered ❑Return Receipt for Merchandise (� G ❑Insured Mail ❑Collect on Delivery (O 0 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7016 0340 0000 3031 6701 (Transfer from service labeo PS Form 3811,July 2013 Domestic Return Receipt Town of North Andover Building Department Community&Economic Development Division 120 Main Street North Andover, Massachusetts 01845 P(978)688-9545 F(978)688-9542 March 29, 2017 Law Office of Matthew A. Caffrey, P.C. 93 Main Street, Suite 211 Andover, MA 01810 MCAFFEYgCAFFREYLAW OFFICE.COM RE: Edward G. Kollen; 56 Church Street,North Andover, MA 01845 MAP 41 LOT 40 ZONE GB Dear Mr. Caffrey, Our office has received your letter dated March 21, 2017 and the attached sketch. You state that "Mr. Kollen has prepared the enclosed plan, which shows how he intends to park his vehicles." The plan is merely shows a number of rectangles with a notation that they are supposed to represent certain vehicles. It does not show the lot size,the building location and size, the dimensions of the parking spaces or any information about the allocation of space for the required residential parking. Therefore it can not be used to determine if the use of the lot conforms to the parking requirements and density and dimensional requirements set out in the by-law. In order to fully evaluate your continued use of the property please submit the following: Floor plans to scale showing the two Legal Non-Conforming Residential units at 56 - 58 Church Street also showing interior space used for Kollen's Groundskeeping. A Plot Plan, stamped by a registered land surveyor, showing off street parking for the Residential units (two parking spaces for each dwelling unit) and the off street parking for Kollen's Groundskeeping. Once the plans are submitted, this office will review the site plan to determine what Mr. Kollen is required to do to comply with the zoning by-law. Thank you, Donald Belanger Inspector of Buildings/ Zoning Enforcement Officer ,cc: Edward G. Kollen 56 Church Street North Andover MA, 01845 Town of North Andover Building Department Community& Economic Development Division 120 Main Street North Andover, Massachusetts 01845 P(978)688-9545 F(978)688-9542 March 29, 2017 Law Office of Matthew A. Caffrey, P.C. 93 Main Street, Suite 211 Andover, MA 01810 MCAFFEY&CAFFREYLAW OFFICE.COM RE: Edward G. Kollen; 56 Church Street,North Andover, MA 01845 MAP 41 LOT 40 ZONE GB Dear Mr. Caffrey, Our office has received your letter dated March 21,2017 and the attached sketch. You state that "Mr. Kollen has prepared the enclosed plan, which shows how he intends to park his vehicles." The plan is merely shows a number of rectangles with a notation that they are supposed to represent certain vehicles. It does not show the lot size, the building location and size,the dimensions of the parking spaces or any information about the allocation of space for the required residential parking. Therefore it can not be used to determine if the use of the lot conforms to the parking requirements and density and dimensional requirements set out in the by-law. In order to fully evaluate your continued use of the property please submit the following: Floor plans to scale showing the two Legal Non-Conforming Residential units at 56 - 58 Church Street also showing interior space used for Kollen's Groundskeeping. A Plot Plan, stamped by a registered land surveyor, showing off street parking for the Residential units (two parking spaces for each dwelling unit) and the off street parking for Kollen's Groundskeeping. Once the plans are submitted,this office will review the site plan to determine what Mr. Kollen is required to do to comply with the zoning by-law. 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CAFFREY* ANDOVER, MA 01 8 1 0 SAMER OBEID 978-475-0043 FAx 978-475-0049 E-MAIL: MCAFFREY(a)CAFFREYLAWOFFICE.COM `ALSO ADMITTED IN N.H. March 21, 2017 FOR SETTLEMENT PURPOSES ONLY Donald Belanger, Inspector of Buildings North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: 56 Church Street,North Andover, MA (the "Property") Dear Mr. Belanger: As you know, I represent Edward Kollen, the owner of the above-referenced property. Mr. Kollen has prepared the enclosed plan, which shows how he intends to park his vehicles. This is submitted as part of our settlement discussion with your office, and is not, and steal l not be construed as, an admission on Mr. Kollen's part regarding the lawful operation of his business at the Property. Very truly yours, Matthew A. Caffrey Encl. y r Ns "'Y10! 1 C' r LAW OFFICE OF C MATTHEW A. CAFFREY, P .C . 2011MAR`t3 MK'9: 49 T 0VPA 0 _ THOMAS F. CAFFREY 93 MAIN SWA:0_6 40rt t; MATfHEw A. CAFFREY* ANDOVENAWRI-ItIPIcd SAMER OBEID 978-475-0043 FAx 978-475-0049 E-MAIL: MCAFFREY(-OCAFFREYLAWOFF/CE.COM *ALSO ADMITTED IN N.H. March 10, 2017 APPEAL OF DECISION OF THE BUILDING INSPECTOR Albert P. Manzi, III, Esq. North Andover Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 RE:. Notice of Appeal 56-58 Church Street,North Andover, MA(the "Property") Dear Chairman Manzi: I represent Edward G. Kollen,the owner of the above-referenced property. See Deed, recorded in the Essex North Land Court, Cert. # 17588. Please consider this an appeal of the Cease and Desist Order issued by the Building Inspector dated February 15, 2017 (the "Decision"). A copy of the Decision is attached hereto as Exhibit A. Since the date of the Decision,my client has been unable to operate his business at the Property,resulting in extreme financial hardship. This is a very serious matter, and we ask the Board to consider this case carefully. The grounds of this Appeal are as follows. I. THE CONDITION OF THE PROPERTY First, we dispute the Building Inspector's characterization of the condition of the Property. At the time of the inspection(December 20; 2016), Mr. Kollen had some personal property on his front porch(e.g., rocking chairs, etc), and in his front yard. This was not"refuse and debris," as claimed by the Building Inspector. Nevertheless, and without waiving this objection,my client has removed his personal property from the front yard areas of the Property. Second, as noted below,my client is permitted to have commercial vehicles at the Property, as of right. Nevertheless, and without waiving this objection,he has agreed to park all his commercial vehicles in areas other than on the street, or in the front yard of the Property. Third,my client has submitted a Zoning Compliance Form fohis business with the Building Inspector's office. LAW OFFICE OF MATTHEW A. CAFFREY, P.C. Albert P. Manzi, III, Esq. March 10, 2017 Page-2- II. ZONING STATUS Respectfully, we appeal all aspects of the Decision as it relates to the zoning status and use of the Property. As the Building Inspector noted,the Property is located in the General Business District. Under the Bylaw's Table of Uses, a "contractor's yard" is a permitted use, as of right. My client operates such a contractor's yard at the Property for his landscaping business. Therefore, we respectfully disagree with the Building Inspector's decision on this key point. The vehicles and equipment related to that business, and which were noted by the Building Inspector, are permitted to be at the Property, as of right. Second,the Building Inspector's statement that a"groundskeeping business is not an allowed use in the GB Zone" is simply incorrect. To the contrary, a groundskeeping business is permitted as a "mercantile activity, not involving manufacturing." Section 4.131(1).' It involves or relates to the "trade" of landscaping. Third, even if a landscaping business and/or a contractor's yard was prohibited by the current Bylaw (which they are not), Mr. Kollen's business constitutes a pre-existing, non- conforming use under the Bylaw, as he has operated his landscaping business continuously at the Property since 1976. Accordingly,his use is grandfathered under the Bylaw. See Affidavit of Edward Kollen' attached hereto as Exhibit B. Therefore,he may operate that business from his residence, as he has done before. Finally, although not referenced directly in the Decision, the Property includes a residential structure built in 1850, according to the Property Record Card maintained by the Town of North Andover. The house contains three (3)units, two (2) of which are rental units, and one in which Mr. Kollen resides. The rental units have been in continuous use since at least 1970, when Mr. Kollen's mother and father purchased the Property. Because the rental use of the Property pre-dates the Zoning Bylaw,the rental use of the Property is a pre-existing, non- conforming use, and is therefore grandfathered under the Bylaw. Therefore, the 50%restriction for residential use under Section 4.131(6) does not apply. ' Definition of mercantile for English Language Learners.:of or relating to the business of buying and selling products to earn money:of or relating to trade or merchants. Merriam-Webster Dictionary(On-Line), https://www.memam-webster.com/dictionary/mercantile(emphasis added). LAW OFFICE OF MATTHEW A. CAFFREY, P.C. Albert P. Manzi, III, Esq. March 10, 2017 Page-3- The above facts are undisputed. The Bylaw is clear. Under these circumstances, the Decision must be reversed. CONCLUSION Based on the foregoing discussion,the Decision is arbitrary and capricious because it is not based on the undisputed facts as presented here, nor on the express and clear language of the Zoning Bylaw. We request that the Zoning Board reverse the Decision of the Building Inspector, and dissolve the Cease and Desist Order immediately. Very truly yours, Matthew A. Ca ey Encl. cc: Client EXHIBIT A Town of North Andover Building Department Community&Economic Development Division 120.Main Street North Andover,Massachusetts 01845 P(978)688-9545 F(978)688-9542 February 15,2017 Kollen Nominee Trust %Edward G. Kollen 58 Church Street North Andover, MA 01845 RE: 56 Church Street,North Andover,MA 01845 MAP 41 LOT 40 ZONE GB Dear Edward G. Kollen: Our office has received a complaint regarding your property at 56 Church Street. There is allegedly a groundskeeping business (KOLLEN'S GROUNDSKEEPING) operating from your residence. Our office made a site visit December 20, 2016 which revealed the following but not limited to: Commercial vehicles, equipment,refuse and debris are located on and about the aforementioned property. Groundskeeping business is not an allowed use in GB Zone, operation of such constitutes a violation of 8th Edition of the Massachusetts State Building Code, 780 CMR, and is subject to $1000.00 fine, each day constitute a new violation until the violation is resolved. In addition this is also a violation of the Zoning Bylaw of The Town of North Andover section 10.13, subject to a fine of$300.00, each day that such violation continues shall be considered a separate offense. International Building Code (IBC) 2009 Section 114,with Massachusetts 8th Ed. Amendments The Town of North Andover Zoning Bylaw Section 4.131 You are hereby ordered to Cease and Desist the aforementioned violation and report to the Building Department within ten days upon receiving this letter.to resolve any and all violations. If you feel you have been aggrieved by any actions I have taken or failed to take, you have the right to appeal to the Town of North Andover Zoning Board of Appeals or the State Building Board of Appeals accordingly. i you, ald Belanger Inspector of Buildings/ Zoning Enforcement Officer cc: Edward G. Kollen 56 Church Street North Andover MA, 01845 I _t-tea .. �1 /• { _ _ f .I��. _. _ - J Ll ,ice• r�L� � r �� r;� r �u. r .;,f� - ^.t ,.{ ^( *010 N rig ME1� +�l I i i,�l � �' rD+` r''L's;.�.;., "'i•,��9 r+f �i',.4,b12� , n`h i\ , .',•� 'T" sr _ _�;ryy�� �T'—�� "•"�C' y_ ate,,.- :�.. 4' IIk I I �] �� j L i'_ _ _ ' __ .�1,`_ / _ - - � ,.�:1 1; ` l..,rr ,.}. s ' � � -� r, b rte. :!.•ter S: t� r lGROUNDSKEEPING COMPLETE LAWNURE �' SNOW PIOWINO i lOOCAT SERVICE i y I � g�a.�685s�12;g1 f f EXHIBIT B AFFIDAVIT OF EDWARD G. KOLLEN Now comes the Affiant, Edward G. Kollen, and he does state and swear as follows. 1. My named is Edward G. Kollen, and I reside at 58 Church Street,North Andover, MA (the "Property") 2. My parents purchased the Property in 1970, and I have lived there all my life. 3. In 1976, I began to work as a landscaper from the Property in my business known as "Kollen's Groundskeeping." I worked out of my car, using my trunk to store and carry m lawnowers to the various customers that I worked for. 4. In 1980, I acquired my first truck, and stored it at the Property. 5. Since 1980, 1 have been acquiring trucks necessary for my landscaping business, which includes snow plowing as seasonal work. In fact, I have worked for many years as a snow plow driver for the Town of North Andover. I have always used the rear portion of the yard as a contractor's yard. 6. Since 1970, during the entire time that my parents owned the Property, there has always been a rental unit in it. 7. There is no "debris"at the Property. I had some personal property in the front yard, but I have now removed it due to the Building Inspector's complaint against me. 8. The Cease and Desist Order issued by the Building Inspector is preventing me from working in my business, and causing me great financial harm. The Property is located in the General Business District, and I have been informed that my business (including the contractor's yard in the rear)are both allowed in that District. So, I think it is very unfair that my business is shut down because I have been operating legally at all times. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS I&DAY OF MARCH, 2017. Edward G. Kollen NORT►1 Of�,,�ac _• O Town of North Andover D.B.A. —Zoning Compliance Form �9SSAir CHus��� 978-688-9545 This form must be reviewed with the Inspector of Buildings. Office Hours are Monday-Friday 8-10 am,and 1-2 pm Monday-Thursday. Applicant Name: Edward Kollen Name of Business: Kollen's Groundskeeping Address of Business: 58 Church St. Zoning District : GB Map 41 Lot 40 Phone: 978-685-1291 Email Nature of Business: Contractor' s Yard / Landscaping Do you own this property? Yes x No If no, written permission is required from your landlord. Will you have clients coming to this property? Yes No x Will you have any employees? Yes No x Will you have any major deliveries? Yes No x Description of Business Activity (Must be Completed) This is a general landscaping business, with most activity occurring off-site. Other than the storage of vehicles and equipment, there is very little activity at the site itself. Occasional maintenance of business vehicles is performed on site. * There will be no employees at the site. All work is performed off site. I usually have 1-2 seasonal, part-time employees. rr Signature of A licantJ —J � For Signage Refer to North Andover Zoning Bylaw Section 6 The proposed use is an allowed use in this zoning district. Issued By Date 2.40 Horne Occupa-bon(1939132) An arcessor�r use conducted within a dwelling by a resident wlao resides In the dwelling as his principal address, which is clearly secondary to the use.ofthe building for Wtg purposes. Home occupations shall '—:& ide,"bit iiot Bu ted to the following uses; personal services such as funishcd by an artist or Inst udor, but not occupation involved with motor vehicle xepairs, beauty parlors, animal kennels, or the conduct of retail business,or the manufacturing of goods,wbi&impacts ilio residential nature ofthe neighborhood; 4. For use of a dwelRug in any residential dish ct or miAd-family distdct for a borne occupation,the, following conditions shall apply. a. Not more.than a total of three (3) people may be.e1pyed•innn.thd.qi po occupation, ono o£ whom shall be�.e=owner ofthebome ocoupatioiz anal resi ftinsaid dwelling; b. The use is carried on strictly witbin.the principal building; c. There shalt be no oxfoiior alterations, accessory buildings, or display which arc not:customw • with xesidential buildings; d. Not more.than twenty-fve(25)perce�a.�t of the existing gross floor area o£;the,dwelling unit. so used, not to exceed one thousand (1000) square feet; is devoted to'sash use. In connectionwith such use,there is to be Dept no stock in trade, e mmodides or products which occg3r space beyond these Xinaits; e. Thero wilt be no display ofgoods or waxes visible from the street f The building or premises occupied shalt not be rendered objeciionabID or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or debiimenfalto anyresidential usewithin theneigl�orhood; g. Any such building shall include no features of designn.not custr in buildings for resideuVal Signature Date LAW OFFICE OF MATTHEW A. CAFFREY, PC 93 MAIN STREET, SUITE Z 1 1 ANDOVER. MA O 1 6 10 Donald Belanger, Inspector of Buildings North Andover Town Hall 120 Main Street North Andover, MA 01845 LAW OFFICE OF MATTHEW A. CAFFREY, P. C . THOMAS F. CAFFREY 93 MAIN STREET, SUITE 2 1 1 MATTHEW A. CAFFREY* ANDOVER, MA 01 8 10 SAMER OBEID 978-475-0043 FAx 978-475-0049 E-MAIL: MCAFFREYOCAFFREYLAWOFFICE.COM *ALSO ADMITTED IN N.H. February 24, 2017 Donald Belanger, Inspector of Buildings North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: 56 Church Street,North Andover, MA (the "Property") Dear Mr. Belanger: As you know, I represent Edward Kollen, the owner of the above-referenced property. I am writing in response to your letter dated February 15, 2017. Thank you for meeting with us on February 22"d, to review your concerns. The purpose of this letter is to present a written plan to address the issues raised in your letter, as well as to clarify the status of the Property under the North Andover Zoning Bylaw. Before getting to those matters, I stress that Mr. Kollen reserves all of his rights regarding the issues raised in your letter, and does not waive any of his defenses to the claims which you have made. This letter shall not constitute an admission of any liability on Mr. Kollen's part. 1. PLAN TO ADDRESS PROPERTY ISSUES First, my client will immediately remove any deb6s or refuse on the Property. Second, my client will agree to park all of his commercial vehicles in areas other than on the street, or in the front yard of the Property. We ask for a short period (until March 7`h) to re- arrange the vehicles to accomplish this. Third, my client has submitted a Zoning Compliance Form for his business with your office. 2. ZONING STATUS As discussed in our meeting, the Property is located in the General Business District. Mr. Kollen has a contractor's yard at the Property for his landscaping business, as such is allowed as of right under the Table of Uses under the Bylaw. We therefore respectfully disagree with your statement that such a use is not expressly permitted at the Property. LAW OFFICE OF MATTHEW A. CAFFREY, P.C. Mr. Donald Belanger February 24, 2017 Page-2- While there is no definition of"contractor's yard" in the Zoning Bylaw, a quick Google search revealed the following: 82-4.221 - Contractor's yard. "Contractor's yard," including corporation yard, public utility yard or general service yard, means buildings and premises used for the storage and maintenance of equipment and materials involved in construction, installation, maintenance, and/or landscaping, on other property.1 Even if there was such a prohibition in the Bylaw, however, it would be our position that Mr. Kollen's use of the Property constitutes a pre-existing, non-conforming use under the Bylaw, as he has operated his landscaping business continuously at the Property since 1976. Accordingly, his use is grandfathered under the Bylaw. Although not referenced in your letter, you also expressed concern in our meeting regarding the rental unit at the Property. To be clear, because the Property is a duplex, there are two (2) separate addresses involved: 56 Church Street and 58 Church Street. The rental unit is located at 56 Church Street. As discussed, that unit is presently not occupied. Because the rental use of the Property pre-dates the Zoning Bylaw, we would take the same position that the rental is a pre-existing, non-conforming use, and is therefore grandfathered under the Bylaw. Therefore, the 50% restriction for residential use under Section 4.131(6) would not apply. I understand, however, that a Certificate of Occupancy may also be required, which is a separate matter. CONCLUSION My client wishes to resolve this matter amicably. Therefore, at this time, we do not intend to file an Appeal of your decision with the Zoning Board. We hope that we may resolve all of vour concerns on an informal basis, but must reserve our rights regarding same. If we have addressed your concerns, kindly let us know so that the Cease and Desist Order may be lifted as soon as possible. Thank you. Very truly yours, Matthew A. Caffrey cc: Client i http://Hww.fremontco.com/planningandzoning/Contractor's%20Yard%20'%,20Homc%200ccupations%20-%203-7-11.pdf North Andover MIMAP February 21, 2017 -U-0.0-0-2 041.0-0037 6.1 WATER ST�I I� `�'�����'�It�'��•�_��'��` 61-676 WATER ST =` • `, \•�`� � •_ 041.0-001.0 e� 041.0-00.11 67 WATER ST qr Str@�� _ �� GB oai0 ..��'.-bbf,ln >>. I 69 W TA ER ST 73 WATER ST 41.0-0009 j 1.4.BROWNS CT `pr .041:0=O'044i A 054.0-0002 041.0-0013 X64 CHURCH�ST� 14 BROWNSICT 041.0-0040 61 CHURCH STS+ G g 041.0-0002 i 46!6ROINNS,CT co 56 CHURCH ST 041.0-0041 04;10003`4- 54 CHURCH ST 054,.0-000 ^i R4. 49i11CHURCH ST' 041.0-0014 ^i 041.0-0046 48�CHURCH�ST ,,, ti 0 41.0-0023 ~ 51 CHURCHST 042.0.0003 042.0-0001 Q MVPC Bo Zoning Overlay 2oning Q Adult Entertainment Distdc Busine s 1 District Q Municipal Boundary Q Machine Shop Village Ove :: Busine s 2 District Horizontal Datum:MA Stateplane Coordinate System,Datum NA083, —Rail Line 0 Watershed Protection Dist O Busine s 3 District Meters Data Sources:The data for this map was produced by Merrimack InterstatesQ Historic Mill Area O Busine s 4 District NORTH Valley Planning Commission(MVPC)using data provided by the Town of Interstate Q Medical Marijuana © Gene Business District Of ° `�� North Andover.Additional data provided by the Executive Office of — owntown Overlay District Major Road Q DC Planne Commercial De v ? :< `�++OO Environmental AffairslMassGIS.The information depicted on this map is Roads C3 Historic District Comid Development Dist 3. �, for planning purposes only.It may not be adequate for legal boundary !}Osgood Smart Growth(40 .1 Cordd Development Dist O --• definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER %—1 Easements Hydrographic Features 0 Comd Development Dist ti A MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING Industd 11 District x THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITYC1 Parcels Streams 41 12 District 41 s ♦ OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT Wetlands Industri 13 District 41 • ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF M Industri I S District • ` Exempt Lands Reside ce 1 District THIS INFORMATION'll,+O++rip'�'t� Reside ce 2 District ssA�NUst Reside ce 3 District de-4 District V=42 ft .de ce s District de ce 6 District ,a a esidential District Voter Id 03KED1159000 Voter Status 0 Active 0 inactive Name KOLLEN,EDWARD G Date of Birth 03/11/1959 Former Name Telephone# (978)-685-1291 Party Enrollment UNENROLLED 17 Unlisted Copy of ID Provided ID Required at Polls NO ID Type ID#F Residential Address Mailing Address Previous Address 58 CHURCH ST NORTH ANDOVER MA 01845-4803 _ Registration Date 04/1211995 Date Entered 5/25/1995 Date Received Certification Date 5/25/1995 Acknowledgment Sent on Returned on Confirmation Mailing Sent on Returned on Last Modified On 3/24/2004 Modified by NARJLE Ward No �—] Polling Place NORTH ANDOVER HIGH SCHOOL Precinct No �27 Polling Address 430 OSGOOD STREET Date. Of NOFTM 1ti 02 �` TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION C.NUSEt4 This certifies that . .A G.4!? 1- ';! .: . . . . . . . . . . . . . . . . . . . . . . . . . . has permission for gas installation . . 4.!": c in the buildings of . . ./' 1% L 1...... . . . . . . . . . . . . . . . . . . . . . . . . . . . at . .5-!. . . 6J. . . . . . ., NCo,rth Andover, Mass. Fee.7>. .�. . Lic. No./ !.). . . . . :. . .irJ -a. . . . . . . . GAS INSPEC.0 Check#�/ > -2t MASSACHUSETTS UNIFORMAPP11CATONFORPERMTiODO GAS FPI'nNG (Type or print) Date f o?L NORTH ANDOVER,MASSACHUSETTS Building Locations V Permit# Amount$ Owner's Name New❑ Renovation ❑ Replacement r Plans Submitted ❑ o ° H ca cgo 10 G c H W � h � d �7 W W � M F A V G7 H F O O O H O � � � C�7 � U� OOG A a E� O SUB -BASEM ENT BASEMENT 1ST. FLOOR 2ND. FLOOR 3RD . FLOOR 4TH . FLOOR 5TH . FLOOR ' 6TH . FLOOR 7TH . FLOOR 19 STH . FLOOR (Print or ) one: Certificate Installing Company Name Corp. Address �2 r 9— �' y�� ❑ Partner. 4' &.e B—usiness Tele one Firm/Co. Name of Licensed Plumber or Gas Fitter -/t, INSURANCE COVERAGE Check one: I have'a current liability Insurance policy or it's substantial equivalent. Yes ❑ No 13 If you have checked Les,please indicate the type coverage by checking the appropriate box. [3Liability insurance policy M Other type of indemnity 13 Bond Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass.General Laws,and that my signature on this permit application waives this requirement. Check one: Signature of Owner or Owner's Agent Owner ❑ Agent ❑ t hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed nder Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts St a Gas Code had apter 142 of the Genets Laws. Signature of 'censed Pldmber Or s Fitter By: ❑ Plumber /`� Title City/Town Gas Fitter License Number Master APPROVED(OFFICE USE ONLY) Journeyman SENDER: COMPLETE THIS,SECTION COMPLETE THIS SECTION ON DELIVERY is Complete items fi 2,and 3. A. Signature, ■ Print your name and address on the reverse X 13 Agent so that we can return the card to you. O Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ��oll �� If YES,enter delivery address below: p No � �12C 1�5�- ��� La_ln'j 9 lwl��� �VA stir Ch StY2 II III II III)III I III I I I I I I II VIII II III III I III 3. Service Type ❑Priority Mail Express® 1,3AdultSignature ❑Registered Mail*" ❑ '18 Signature Restricted Delivery ❑Reel%tend Mail Restricted 9590 9402 2103 6132 5149 70 ❑Certified Mail Restricted Delivery ❑Retum Receipt for ..ie nn...6—Tree As..,.«.......:.......a..n ❑Collect on Delivery ❑Signature ise 9 e.+rConflrmation =ct on Delivery Restricted Delivery '"' 7 016 0340 0000 4981 9552 r a Mall Restricted Delivery 11Signature Delivery Confirmation $500) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Uses Cl(lw # F•... First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 2103 6132 5149 70 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service I e-A —Do-fA- },i#�}I'1liif1l�'=IIIiI}lj1111ii1=}I�;i=;lii=i�il=ili==iliil#i�1= • 5�'fTGED1t�6, • • Town of North Andover Building Department Community& Economic Development Division 120 Main Street North Andover, Massachusetts 0184 P(978)688-9545 F(978)688-9542 December 27, 2016 Virginia F. Kollen 56 Church Street North Andover, MA 01845 RE: 56 Church Street,North Andover MA 01845 MAP 41 LOT 40 ZONE GB Dear Virginia F. Kollen: Our office received a complaint regarding your property at 56 Church Street; there is allegedly a Landscaping business (KOLLEN'S GROUNDSKEEPING) operating from your residence. Commercial vehicles, equipment, refuse and debris are parked/stored on the street for prolonged periods. Our office made a site visit December 20, 2016 and the aforementioned violations have been confirmed. Commercial vehicles, equipment, refuse and debris are not an allowed use in a GB Zone. Operation of such constitutes a violation of the Zoning Bylaw of The Town of North Andover, as well as a violation of 8TH Edition of the Massachusetts State Building 780 CMR You are hereby ordered to Cease and Desist the aforementioned violation and report to the Building Department within ten days upon receiving this letter to resolve any and all violations. If you feel you have been aggrieved by any actions I have taken or failed to take, you have the right to appeal to the Town of North Andover Zoning Board of Appeals or the State Building Board of Appeals accordingly. You Donald Belanger Inspector of Buildings/ Zoning Enforcement Officer Attachments(2 pages) �� � r fr. b'-.� `� � ? .i.� :!� I \ -,1� '1 t I a Pit �'` f• V� �lfi�til Sig IYACQn��1R'; '� 0+►1t�7f,��:®� i If a l � .7�1' � �- :,j�` �7 rpt 1��� a i �,���jl►��d, ,1 1, 77 $ F rum -.a. n ,. J � i� R 1 ! V�'ii �A�4'rr[ t� �Fd viv�i / 'ti7 ii1' fir' F► a; :,�-�: Ni IMn} ! LOS �! 1���1° t/i���� � � �\ te�lr� FI ��P' �` �r��,� {►� &�'{ { d }d .i����y / ''� �°C�� � f r t�I i•>, r'i i7L ,a6, , 1 j� Y 77,j ,� , r. r ray .c, � .;ti r`,�,i�4♦.Oi•r. :s�ar w ten,..,,t{ ,i',", �,...-:��a, � 1 � 11{:, k, m� ,VdQ, F. l�.A FAlaef �,, ice= L1 �1 o. S� A p milt do sw v T ut ium 51 (•k!} '�{fit. r9 '� _._^.Y'_ [ ) �7+t• ��,��r `'y_. �,, 1',, r � ��: ice+ � ,i � .•♦ .. P11 4 I sifill e.:1. Vi c:: r 7— ~179 i'fr ,t� r r IM Ela Oil r Pnr. h h�iL tb a+r 4r,\b`,t Y4iti�1�lvme<`\�1'�;eII"IIe'-`��:4'���tRlV�V`'"/i'�j+�/�r^&�ra�-`'+•.. ` k� aCo. x�� \ (I t�md'iI l�l r�r^ �ih / � �„'i �4�ytY9l'i=` ' _. 11 !r �,MIN J j� id i -fir •�':r t� n.f / ;y�'f�� � •\te 'I� 1,�� � a �y \ +l••+' .?i` t•'�� I��Qj 1�, p !• r, A�11 �I► � /} -���d \��4 !,( i'�!�/.rt , + � Irl J/ 1 ar 1l � �y � �• r � � � 1��f� 1 i Jr� � I� � dl' A ` , 1+� ` A F�'. 1 t,�, Id/ �A 1����� 1�� L. t�I/ 1 .a � t�R-. ��� 1 rt.+.�°� r9 / 1�,i ,����+" ��' 7 ,� �•1 �!�e ;'�' � �1F� ` �+1 VVV�I `+. F' f.N!' w• � � 1 I�r r� / �� V<.. ` •{ 1 r A �A.r a �t Y E YI ��L1 � Ar. I.IY/..V►�,�.�a.w..«..,.. \ i, r ..7.� a��+� � r�\i1��E. ,�...r�; `+ WE I I 1 "� P y '�I •pro �/ ter.• 77� ft mss.- 12/21/2616 Print Owners KOLLEN NOMINEE TRUST Owner2 VIRGINIA F KOLLEN, TR Address 56 CHURCH STREET PropertyID 041.0-0040-0000.0 Lot Size 7405S Fiscal Year 2017 Land Use Code 104 Last Sale Date 19931210 Book/Page 89-21 Total Valuation $375600 Building Type DX Year Built 1850 Finished Area 2732 sq. ft. More Info: Click here for Assessor website Assessor Map NorthAndoverAssessorMap41_26x36.pdf Water Tie: CHURCH_STREET_0056- 0058.pdf http://mimap.mvpc.org/NorthAndovermimap/ldentify.aspx?datatab=ParcelBasic&id=041.0-0040-0000.0&print=l 1/1 SECTION 10 ADMINISTRATION 10.1 Enforcement The North Andover Zoning Bylaw shall be enforced by the North Andover Building Inspector. The Building Inspector,upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act, he shall within fourteen(14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any violation of this Bylaw. 10.1.1 Building Permit No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning Bylaw(and other applicable Town Bylaws) except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals,provided a written copy of the terms governing any exception so permitted be attached to the application for a building permit and to the building permit issued therefore. One copy of each such permit, as issued, including any conditions or exceptions attached thereto, shall be kept on file in the Office of the Building Inspector. In addition to the information required above, a plot plan shall indicate provisions for all other physical requirements of this Bylaw, including but not limited to off-street parking, screening and fencing. Upon granting a permit the Building Inspector shall cause a copy to be posted on the property to which it relates in a conspicuous place. 10.12 Certificate of Use and Occupancy No building hereafter erected, enlarged, extended, or altered shall be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Inspector.No building or land changed from one use to another, in whole or in part, shall be occupied or used until a certificate of use and occupancy has been issued by the Building Inspector. This certificate shall certify compliance with the provisions of this Bylaw and of all applicable codes (1974). 10.13 Penalty for Violation Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a separate offense. (1986/15) 10.14 Planning Board, associate member In addition to the five (5) member of the Planning Board already allowed by statute, the Town Manager may appoint one (1) associate member. As guided by M.G.L. Chapter 40A this associate 138 Y activities. The operation must be at least ten(10) contiguous acres used primarily for any of these activities. 7. Day Care Center by Special Permit(1985/23) 4.131 General Business District 1. Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing, also retail bakeries or retail confectioneries. 2. Banks, offices and municipal, civic, or public service buildings, such as post office, telephone exchange, town offices, school, library, museum,place of worship, local passenger station. 3. Hall, club,theater, or other place or amusement or assembly. 4. Automobile service and filling stations, automobile storage and repair garages, including automobile body repairs and painting, and automobile sales agencies for new and used cars, provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. 5. Restaurant, dining room or lunchroom. 6. Residential use where such use is not more than fifty percent(50%) of the total floor space in the structure. 7. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious, or offensive to the neighborhood. S. a. Farming of 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 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 five(5) acres, the keeping of one (1) additional animal or bird; but not the keeping of animals, birds, or pets of persons not resident on such lot. c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. 9. Day Care Center by Special Permit(1985/23). 4.132 Industrial 1 District 1. Research and development facilities. 2. Business,professional and other offices. 3. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than ten percent(10%) of the gross floor area of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have ten percent(10%) of gross floor area (GFA) devoted to any accessory use. (Refer to Section 2.2 1, Definition of Accessory Use Structure). (1987/25) 4. Place of worship. 5. Non-profit school or private school for profit. 6. Public building or use and public service corporations. 7. Medical center, clinic, or medical laboratory. 8. Art gallery or museum. 46 t � GROUNDSI�EEPING I COMPLETE LAWN CARE y/a SNOW PLOWING&RORCAT SERVICE ? �' 978-685-1291_ A • � A North Andover MIMAP December 21, 2016 41.0'0010w k � 04 0-0011 ��� .w 69�1NATE 041.0-001=7 "� 041.0-0043 14 BROWNS CT lv �� 04'1.0-0044 u t l atop l �';�, �� � 054.0 0003 •a-� I 14 BROWNS 041.0-0040 = y '~�,�Y 5�1 CHURCH•S 041.0-0002 56 CHURCH ST K � �s (04.1:0-0041 "' 54 CHURCH ST � � r' f y 044.0=0014 -�' CHURCH ST 0 MVPC Bo Interstates Interstate Horizontal Datum:MA Stateplane Coordinate System,Datum NAD83, —Major Road Meters Data Sources:The data for this map was produced by Merrimack HORT1y Valley Planning Commission(MVPC)using data provided by the Town of Roads Of �� North Andover.Additional data provided by the Executive Office of t i Easements �a •� 00 Environmental Affairs/MassGIS.The information depicted on this map is Parcels3' L for planning purposes only.It may not be adequate for legal boundary f —•' '" definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING ✓K * THE ACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY • i X OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT o � ♦ ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF Ar10.A�� THIS INFORMATION SSACHUS� 1"=30ft •�° Ippolito, Mary prom: Ippolito, Mary nt: Wednesday, September 28, 2011 1:32 PM o: Carney, John Cc: Brown, Gerald Subject: FW: COMPLAINT Attachments: 20110928131001597.pdf John, Per Gerry Brown, please see attached complaint. Plse. see Gerry Browns' comment on last page. Mary Ippolito, Building Department Town of North Andover 1600 Osgood Street Bldg. 20, Suite 2-36 North Andover, MA 01845 phone: 978-688-9545 fax: 978-688-9542 mippolito(@townofnorthandover.com -----Original Message----- From: noreply(@townofnorthandover.comfmailto:noreply(@townofnorthandover.coml ,nt: Wednesday, September 28, 2011 1:10 PM Ippolito, Mary Subject: This E-mail was sent from "RNPOA428C" (Aficio MP C5000) . Scan Date: 09.28.2011 13:10:01 (-0400) Queries to: noreplyotownofnorthandover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 r 3 NORTH OtSSLtD •°1�Q TOWN OF NORTH ANDOVER o 32 b` �_ _ °;L � Building Department , 1600 Osgood Street DRATlD 1y Building 2-Suite 2-36 Building Dept 9SS"CliusE( North Andover MA 01845 Tel: (978) 688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: 9/23/11 TEL#: NAME OF COMPLAINTANT. Neighborhood Resident ADDRESS: COMPLAINT TYPE: Electrical: Plumbing: Gas: Building: Property Owner: Kollen's Groundskeeping P Yddress: 58 Church Street, North Andover Other: Refer to attached page. 'j Signed: Complaint Form-Revised 6.2007 9/23/11 58 Church Street, North Andover Year-round, Kollen's commercial vehicles often overflow from the subject property and are stored beyond the designated commercial zone into the residential neighborhood. Typically, 1 to 3 trucks are parked on along the residential portions of Church&Cross Streets, oftentimes not abiding by the restricted parking signs. Additionally,for the duration of the winter one truck will park for•months on Church St oftentimes without moving. I support this and other local businesses but have been growing f0s rated as a nice neig or become rundown looking by the rundown trucks being spread throughout the neighborhood. a� AIF a SNS 9C,d"P d' a