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Miscellaneous - 56-58 CHURCH STREET 4/30/2018
56 - 58 CHURCH ST EINTar []SP E4/Finding [140B Application filed on: Hearing cine on: Decision due on: .� r { Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi I11,Esq. Chairman Associate Members Ellen P. McIntyre, Vice-Chairman Deney Morganthal D. Paul Koch Jr.,Esq. Clerk Nathan Weinreich Doug Ludgin Alexandria Jacobs,Esq. Allan Cuscia Zoning Enforcement Officer Donald Belanger Date: June 27,2017 Dear: Edward G.Kollen As you know,the Zoning Board of Appeals granted your application for a Special Permit—Family Suite for the premises at: 56-58 Church Street,North Andover,MA. 01845 Your 20-day appeal period will have passed at midnight on the following date: July 17,2017 allowing you to begin the following three steps starting on July 18,2017 1. Once the appeal period has passed,please pick up your Town Clerk-certified copy of the Zoning Board of Appeals Decision, and your ZBA Board signed Mylar(if a Mylar was required) from the Town Clerk's Office located at 120 Main Street,North Andover,MA. 01845 (978.688.9501) 2. Please bring the Town Clerk-certified copy of the Decision&the signed Mylar to the Essex North Registry of Deeds,354 Merrimack Street, Suite 304 (use Entrance C)Lawrence,MA. 01843 (978.683.2745), as the decision and the Mylar must be filed at the Registry of Deeds as soon as possible. 3. Once this is completed,please bring to The Building Department: a) A Copy of the Town Clerk&Registry stamped Decision b) A paper copy made from the ZBA Board-signed and Registered Mylar c) A completed Building Permit application along with two (2) sets of Building Plans (that have been approved by the ZBA noting any/all revisions) in order to obtain a Building Permit upon review. Failure to file the decision and the Mylar with the Registry of Deeds will result in your inability to exercise your Variance and/or Special Permit and/or Finding due to your inability to obtain a building permit from the Building Department. "Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,they shall lapse, and may be re-established only after notice,and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,they shall lapse and may be re-established only after a new hearing." If you have any questions,please feel free to call (978.688.9541) or fax(978-688.9542). 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.northandoverma.gov r Tonin of North Andover j Albert P.Manzi[11,Esq.Chairman ZONING BOARD OF APPEALS Ellen P.McIntyre. ['ice-Chairman D.Paul Koch.ir.,Esq. Drn,g Ludginw ' Allan Cuscia 2011 JUN 21 t{� im 8. 41 ,lssociate Hembers Town Clerk Time Stamp Dency Morgantital ,_ ;y NathL,tvt�.an Weinreich [ U \lc�andria:\. tcr,b; I:. KORTH A 00VEF MASS Notice of Decision Year 2017 Property at: 56-58 Church Street(Map 041.0,Parcel 040),North Andover, MA 01845 NAME: Edward G. Kollen BEARING(S): April 11,2017,May 09,2017, June 13,2017 ADDRESS: 56-58 Church Street (Map PETITION: 2017-01 041.0,Parcel 040),North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, North Andover, MA on Tuesday, June 13, 2017 at 7:30 PM upon the appeal of Edward G. Kollen located at 56-58 Church Street(Map 041.0,Parcel 040),North Andover, MA 01845. This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a grounds keeping business at 56-58 Church Street. Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle-Tribune, a newspaper of general circulation in the Town of North Andover,March 28, 2017, and April 04, 2017. The applicant has requested from the Board to make a Finding as a party aggrieved from the Inspector of Buildings also known as the Zoning Enforcement officer Cease and Desist Order of the Inspector of Buildings dated Februaryl5, 2017, to Edward Kollen(the "Aggrieved Party") operating a grounds keeping business at 56-58 Church Street known as "Kollen's Grounds keeping",within the General Business Zone,pursuant to Section 4.131 -4.131 General Business District 1. The Board held a public Hearing on April 11, 2017, and heard evidence presented by the parties. 2. The Board held a Public hearing on May 09, 2017, and heard evidence presented by the parties, and took the following action: The Board issued a temporary order dated 05/12/2017 over turning the Inspector of Buildings Cease and Desist Order dated February 15, 2017. 3. The Board held a public Hearing on June 13, 2017, and heard evidence presented by the parties, and subsequently closed the public hearing. 4. The Board received documented exhibits from the parties numbered 1-10 as noted on the attached list labeled exhibit A. \ V Page 1 of 2 PETITION:2015-003 1.- The Board took the following action; upon a motion by D.Paul Koch, seconded by Doug Ludgin, the Board voted unanimously to overturn the Inspector of Buildings Cease and Desist Order dated February 15, 2017 with respect to operating a grounds keeping business at 56-58 Church Street known as"Kollen's Grounds keeping", within the General Business Zone. The Chairman declared the vote unanimously approved. The following regular voting members were present: Albert P. Manzi III, Ellen McIntyre,Doug Ludgin, D. Paul Koch Jr., and Allan Cuscia. The following Associate member was present Alexandria Jacobs. North Andover Zoning Board of Appeals Albert P. Manzi III, Esq., Chairman Ellen McIntyre D. Paul Koch Jr.,Esq. Allan Cuscia Douglas Ludgin Alexandria Jacobs,Esq. Page 2 of 2 Exhibit A 1. Law of Matthew Caffrey dated May 16, 2017 containing one (1) page. 2. Town of North Andover Building Department letter dated May 03, 2017 containing two (2) pages. 3. Law of Matthew Caffrey dated May 19, 2017 containing six (6) pages. 4. ZBA meeting minutes dated July 19, 1971 containing five (5) pages. 5. D.B.A Zoning Compliance Form containing seven (7) pages. 6. Assessors Property Record containing four (4) pages. 7. Donald Elliott letter dated April, 10, 2017 containing twelve (12) pages. 8. Law of Matthew Caffrey dated March 22, 2017 containing three (3) pages. 9. Law of Matthew Caffrey dated March 10, 2017 containing ten (10) pages. 10. Temporary Decision/Order Zoning Board of Appeals dated May 12, 2017 �1- Q LAW OFFICE OF @ C IJV [ MATTHEW A. CAFFREY, P. MAY 2 4 2017 THOMAS F. CAFFREY 93 MAIN STREET, SUITE 2 1 I MATTHEW A. CAFFREY* UCHAAPPEALS SAMER OBEID 978-475-0043 FAX 978-475-0049 E-MAIL: MCAFFREYOCAFFREYLAWOFFICE.COM *ALSO ADMITTED IN N.H. FOR SETTLEMENT PURPOSES ONLY May 19, 2017 Mr. Donald Belanger, Building Insp. Town of North Andover 120 Main Street North Andover, MA 01845 Re: 56-58 Church Street,North Andover, MA Dear Mr. Belanger: Without waiving our objection to the manner in which you have proceeded in this matter, and in the interest of trying to reach an amicable resolution, I enclose a Proposed Parking Plan for 56-58 Church Street from a licensed surveyor. In addition, in response to your demand, we located floor plans for the rental side of the Property(56 Church Street), which are also enclosed. We believe these are the floor plans that were submitted to the ZBA in 1971, when the Board approved the variance for the Property. We have been unable to locate floor plans for the other side of the Property(58 Church Street). Although my client has been unable to locate Building Permits for the work completed some 45 years ago to create the 3-family, he is certain that all such permits were issued. That makes sense to us, given the fact that Mr. Kollen's father went through the legal process of obtaining a variance. It seems logical that he would also observe the building permit process. In addition, I understand that many of the Building Department's files were lost in a flood in 1998. We request that you disclose whether the Town's files related to this Property were lost in that event, or at any other time. That could be the reason you are unable to locate those permits in your file. LAW OFFICE OF MATTHEW A. CAFFREY, P.C. DONALD BELANGER, BLDG. INSP. MAY 19, 201 7 PAGE 2 Finally, as of today, you have not responded to our request for a meeting on site to discuss parking, something which the Zoning Board requested we do before their next meeting. Further, you have not rescheduled the fire department inspection of the premises with us, which you cancelled last week. you. We await contact from your office on all issues, and stand ready to discuss them with Very truly yours, Matthew A. ey Encls. cc: Suzanne Egan, Esq. (w/encls.) Albert P. Manzi, III, Esq. (encls.) MAP 41 PARCEL 13 89.68' 7` MAP 41 - EXISTING PARCEL 40 GARAGE MAP 41 7,601 S.F.f MAP 41 PARCEL 41 GRASS PARCEL 44 pq O N c s �n 00 /777 r� G 0 / 1 00 EXISTING DWELLING l p �pG�, c PORCH 6 .� �O�,f � � oN SGG -.4 b . TO CROSS0• 70 WATER STREET STREET r x $4.59' t"OFllte�_ CHURCH STREET UILKIN N 1381;20. (PUBLIC) sslaT'P� NOTES r SURV��Q+ 1. REFERENCE TOWN OF NORTH ANDOVER 20' 0 10, 20' 40' ASSESSOR MAP 41, PARCEL 40. 2. ZONING DISTRICT: GENERAL BUSINESS. 3. DEED AND LOT BOUNDARIES FROM NORTHERN ESSEX REGISTRY OF DEEDS—LAND COURT BOOK (IN FEET) 89, PAG7_ 21, LAND COURT PLAN# 6245B. 1 inch = 20 fL JM Associates 325 ManPROPOSED PARKING PLAN N. Read ng, MA 0 864 56--58 CHURCH STREET Prepared for: 978— — 6668 NORTH ANDOVER, MA 01845 EDWARD KOU.EN 56-56 CHURCH STREET NORTH ANDOVER, MA 0180 JOB# 746-605 SHEET 1 0F 1 1 SCALE: 1" = 20' DATE: MAY 18, 2017 .UWAR® H. KOLLEN 58 CHURCH STREET NORTH ANDOVER,MASS. 01845 T 0r-4 AREA Iff, 67 J4 FT lk i"0*-c-PIE rh Y C L OS'E r 'Yo 7- tolVr. T A iv f: kf Ll 9 ;r 73 144I.L w 112 S� FT, CkLjRCH EDWARD H. KOLLEN 54 C14URC14 STREET ANDOVEk MASS. 01845 'R,I R4 f �l T or .2tq2 ed p EDWARD H. KOLLEN 6 58 CHURCH STREET NO s',TH ANDOVER, MASS. 01F.45 I N J d ty 4 22 22 �M LS � l5 0 V LAW OFFICE OF W 19 2011 MATTHEW A. CAFFREY, P.C. BOARD OF APPEALS THOMAS F. CAFFREY 93 MAIN STREET, SUITE 2 1 1 MATTHEW A. CAFFREY* ANDOVER, MA 0 1 8 10 SAMER OBEID 978-475-0043 FAx 978-475-0049 E-MAIL: MCAFFREYPCAFFREYLAWOFFICE.COM *ALSO ADMITTED IN N.H. BY CERTIFIED MAIL / May 16, 2017 RETURN RECEIPT REQUESTED Mr. Donald Belanger, Building Insp. Town of North Andover 120 MainStreet North Andover, MA 01845 Re: 56-58 Church Street, North Andover, MA Dear Mr. Belanger: Reference is made to your letter of May 3, 2017, to my client (copy enclosed), in which you make the following allegation regarding the above-referenced property: The expansion of a Legal Nonconforming use (Two (2) family to a Three(3) family) would require a variance from the Zoning Board of Appeals (ZBA). I enclose a copy of the variance granted by the Zoning Board of Appeals, as evidenced by the meeting minutes of the Board dated July 19, 1971. Contrary to your assertion, the ZBA granted a variance for this property. Therefore, there is no factual or legal basis for your assertion, or the Cease and Desist Order. Based on the foregoing, we formally request that you rescind or withdraw this Order immediately, failing which my client will consider his legal options against the Town for violations of his civil rights. Very truly yours, Matthew A. C y Encl. cc: Suzanne Egan, Esq. Albert P. Manzi, 111, Esq. Town of North Andover Town C1crkT'=e Stamp ZONING BOARD OF"PEALS _,k=;{ jh r Albert P.M=6 111,Esq.0ahmati �Jlr Wien P.McIntyre,Vice-Cbaimm D.Paul Koch Jr.,J-"Sq.Clerk MY.12 9- 29 Allan Cus mi Doug Lud& sodak Afelzibers NORHA; ` Den Morganthal Tt iNID")vj�7.-,;) MASS Ar,,PUv1 F Nathan Weinreich j� 'llexandr a Jacobs..Esq. Any appeal shall be filed within(20) days after the date of filing of this notice in the office of the Town Clerk per Mass.Gen.L.ch.40A,§17 TEMPORARY DECISION ORDER 56-58 CHURCH STREET The North Andover Zoning Board of Appeals held a public hearing at Town Hall,at 120 Main Street, North Andover,MA on Tuesday,May 09,2017 at 7:30 PM on the application of Edward G Kollen,for property located at 56-58 Church Street(Map 041.,Parcel 040),North Andover,MA 01845. The Petitioner is requesting a Finding(s)to appeal the determination made by the North Andover Building Inspector also known as the Zoning Enforcement Officer after hearing,upon a motion by Allan Cuscia.2nd by D.Paul Koch the North Andover Zoning Board of Appeals(hereinafter,"Board") voted unanimously to hereby temporarily suspend,for a period of ninety(90) days, (through and including August 9, 2017), the Cease and Desist Order of the Building Inspector dated February 15,2017,to Edward Kollen(the"Aggrieved Party") from operating a grounds keeping business at 56-58 Church Street known as"Kollen's Grounds keeping", and further orders the parties to report to the Board at its next regularly scheduled meeting on June 13,2017 as to the status of tliematter by and between the Parties NORTH ANDOVER ZONING BOARD OF APPEALS So Ordered, NoAndover Zoning and of Appeals Allit P.Manzi III,Esq., Chairperson Men P.McIntyre, Vice Chairperson D.Paul Koch Jr.Esq.,Clerk Allan Cuscia Paul Koch Doug Ludgin Decision 2017-01 Pagel of3 • 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 May 3, 2017 Edward G. Kollen 56 Church Street North Andover MA, 01845 RE: Edward G. Kollen; 56 Church Street,North Andover, MA 01845 MAP 41 LOT 40 ZONE GB Dear Mr. Caffrey, Per our conversation after the ZBA meeting 03-14-2017 reference two letters; 1) Law Office of Matthew A. Caffrey, P.C. DATED February 24, 2017, stated"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." 2) Law Office of Matthew A. Caffrey, P.C. DATED March 10, 2017, stated"The house contains three (3)units, two (2) of which are rental units, and one in which Mr. Kollen resides." Zoning Bylaw Town of North Andover, Table 1: Summary of Use Regulations; Multi-Family Dwellings &Apts N(NOT ALLOWED). The expansion of a Legal Nonconforming use (Two (2) family to a Three (3) family) would require a variance Zoning Board of Appeals (ZBA). The aforementioned constructed without the proper permitting constitutes a 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 Amendments 780 CMR 8th Edition 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 upon receiving this letter to resolve any and all violations to include the following but not limited to: 1) Schedule an onsite inspection with the Building Official,Health Inspector, and Fire Prevention Officer. 2) Provide floor plans to scale, label all space including common areas etc... 3)A Plot Plan, stamped by a registered land surveyor, showing all structures and off street parking for the units Th you, , Donald Belanger Inspector of Buildings/ Zoning Enforcement Officer cc: Law Office of Matthew A. Caffrey,P.C. 93 Main Street, Suite 211 Andover, MA 01810 MCAFFEYgCAFFREYLAWOFFICE COM ✓ •. I� CP �• 5 � Il 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 May 3, 2017 Edward G. Kollen 56 Church Street North Andover MA, 01845 RE: Edward G. Kollen; 56 Church Street,North Andover, MA 01845 MAP 41 LOT 40 ZONE GB Dear Mr. Caffrey, Per our conversation after the ZBA meeting 03-14-2017 reference two letters; 1)Law Office of Matthew A. Caffrey, P.C. DATED February 24, 2017, stated"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." 2) Law Office of Matthew A. Caffrey,P.C. DATED March 10, 2017, stated"The house contains three (3)units, two (2) of which are rental units, and one in which Mr. Kollen resides." Zoning Bylaw Town of North Andover, Table 1: Summary of Use Regulations; Multi-Family Dwellings &Apts N (NOT ALLOWED). The expansion of a Legal Nonconforming use (Two (2) family to a Three (3) family) would require a variance Zoning Board of Appeals (ZBA). The aforementioned constructed without the proper permitting constitutes a 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 Amendments 780 CMR 8th Edition 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 upon receiving this letter to resolve any and all violations to include the following but not limited to: 1) Schedule an onsite inspection with the Building Oficial, Health Inspector, and Fire Prevention Officer. 2)Provide floor plans to scale, label all space including common areas etc... 3)A Plot Plan, stamped by a registered land surveyor, showing all structures and off street parking for the units Th you, Th Belanger Inspector of Buildings/ Zoning Enforcement Officer cc: Law Office of Matthew A. Caffrey,P.C. 93 Main Street, Suite 211 Andover, MA 01810 MCAFFEY(a,CAFFREYLAWOFFICE COM Monday -. July 19, 1971 Regular Meeting - 2 Hearings The BOARD OF APPEALS held its regular meeting on Monday evening, July 199 1971 at 7:30 P.M. in the Town Office Building with the following members present and voting: Philip Arsenault, Esq., Chairman; Kenneth E. Pickard, Vice Chairman; Arthur Re Drummond and Associate Members William N. Salemme and Atty. Joseph A. Miragliotta who sat in place of regular members Dr. Beliveau and Frank Serio who were unable to attend. There were 10 people present for the 2 hearings of the evening. Bill. Plante the Eagle-Tribune reporter was also present. 1. HEARING: Edward H. Bollen Mr. Pickard read the legal notice in the appeal of Edward H. Kollen who re- quested a variation of Sec. 1 .11 of the Zoning By-Law so as to permit the re- modeling of one side of a duplex dwelling to two apartments; on the premises located at the north side of Church Street, 113.13 feet from the corner of Water Street and known as 58 Church Street, Mr. Bollen appeared on his own behalf and explained that he wants to make two small apartments on one side of the duplex building. He presently lives on the other side and will make no changes there. He said he will conform to all requirements of the Zoning By-Law and that there is a need for apartments in town. There is a 3-stall garage on the lot that is fully occupied. Building Inspector Foster said he would meet the requirements as to the exits. Mr. Kollen showed the floor plans to the Board and said there would be no change to the . exterior of the dwelling. Frederick Redman, an abutter, said he had no objection to the petition. No one else spoke and there was no opposition. Mr. Pickard made a motion to take the petition under advisement; Atty. Miragliotta seconded the motion and the vote was unanimous. 2. HEARING: Trinitarian Congregational Church. Mr. Pickard read the legal notice in the appeal of Trinitarian Congregational Church requesting a variation of Sec. 7.23 of the Zoning By-Law so as to permit the erection of a youth activities building nearer the lot line than is allowed under the Zoning By-Law; on the premises located at 72 Elm Street and the corners of Church and Cross Streets. Robert W. Friis, chairman of the trustees for the church, represented the petitioner. The church is asking for a variance to permit the location of the youth activities center on the rear of the church property, to be located 20 feet from Church Street and 5 feet from the Redman lot line. This building would cover less than 4% of the total area of the property, which is 45,600 sq. ft. He presented a brief history of the former scout cabin, which is presently one foot from the Redman property line. He said the sills and interior have deterior ated so that meetings cannot be held in the building any longer. Mr. Friss distributed a brochure depicting the future plans of the church. He said families of the scouts and the church people will help with the labor. He explained that the placing of the building in this particular location was necessary in order to avoid hardship and practical difficulties in { r July 19, 1971 - eont. providing parking and gaining access to the rear entrance of the church building. The placing of the building on the lot as planned does not derogate from the purpose and intent of the Zoning By-Law and would not be detrimental to the neighborhood since there now exist other structures in the immediate area that are as close to the lot line as this proposed building. A literal enforcement of the side yard by-law requiring more than 5 feet will cause a hardship and practical difficulties in pro- viding parking and gaining access to the rear entrance of an expanded church building. The relief sought by approval of this variance will be desirable and without sub- stantial detriment to the public good. John Robinson$ Mass. Ave., spoke in favor of the petition, as representing the Boy Scout troops and as a member of the church. Speaking in opposition was Atty. Maurice Schwartz, who represented Frederick Redman, an immediate abutter. Atty. Schwartz explained that Mr. Redman is also a member of the church land approves of the church activities but he wants to be protected as a property owner. There is no hardship of any kind involved and the building can be placed 15 feet from the lot line and still leave ample parking and expansion area for the church. Discussion was held as to whether the petitioner and Mr. Redman could compromise as to the 5 foot setback. Mr. Frii.s said they would. Atty. Schwartz said they wouldn't ob3ect to 15 feet from the lot line. Discussion was then held as to which was the front and rear of the lot and it was determined that the church faces Elm Street making Elm Street the front lot line and Church Street the rear lot line. Mr. Pickard made a motion to take the petition under advisement; Mr. Drummond seconded the motion and the vote was unanimous. EARTH REMOVAL PERMIT: Hereford Corporation A letter was received from Atty. John J. Willi.st representing Hereford Corp.9 requesting renewal of the earth removal permit for the pit on Boxford Street. Mr. Arsenault read the original decision to the members to familiarize them with the situation since different Board members sat on the original petition. He explained that the bond that was submitted is a continuous one and is valid. He read a letter from the Building Inspector who had inspected the site and reported to the Board. He said he was concerned because no attempt has been made to dispose of the trees that have been knocked down. The area is still strewn with huge boulders and no attempt has been made to cover them or.to replace any of the top soil in any area of the pit. (at its next mta;.) Atty. Miragliotta made a motion to have the petitioner come before the Board/to explain the items outlined in the Building Inspector's letter. Mr. Pickard seconded the motion and the vote was unanimous. The Board then discussed the hearings held earlier in the evening. 1. KOLLEN: Mr. Pickard made a motion to GRANT the variance; Atty. Miragliotta seconded the motion and the vote was unanimous. July 19, 1971 !- cont. 2. Trinitarian Congregational Church: Atty. Miragliotta made a motion to grant the rear lot line variance to 20 feet but DENY the sideline variance of 5 feet. Mr. Drummond seconded the motion and the vote was unanimous. The meeting adjourned at 9:00 P.M. Chairman Philip Arsenault Secretary Anna Donahue i $ (X) ruv ' p10RT16._. OF,�tLeo i6._ O o � Town of North Andover D.B.A. —Zoning Compliance Form 978-688-9545 �9SSACHU`����� This form must be reviewed with the Inspector of Buildings. Office Hours are Monday-Friday 8-10 am,and 1-2 pm Monday-Thursday. Edward Kollen Kollen's Groundskeeping Applicant Name: Name of Business: Addres'sofBusiness: 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. Signature of Applicant fm pp For Signage Refer to North Andover Zoning Bylaw Section 6 The proposed use is an allowed use in this zoning district. Issued By Date 2A ITOMe O'cctxpatian(1989132) An accessors, use conducted within- a dwelling by a rc�dVt w resides ia the dwelling as his principal address, which is clearly secondary--to&e use-of the .�Ilding for liiag purposes. Name occupations shall :include,-but ii VIfinited to the following uses;parsonal services such as fmr shed by ata axk or instructor, but not occupation iz<volved with motor vehicle xepairs, beaufy paiaors, animal, kennels, or tha �aduct of rdaff business,or the=MffadMing of goods,which impacts the residential mtaro of the ne*borhoad; 4< For use of a dwelbg in any residential distract or Med-14ani1y district I%x a kome€f on0ion,6D fallowing oond-itions shall apply. a. Not moxe than a total oftl?rpq(3) ppop mal be e;�ai?Ioyec . he{Tiame occupation, ono, of` whom shay bG-the>owI=oftXae.horne OQ0-4 aat 0U and xe� IU said dwelfirmg; b. The usais carried on eddlywiffih ka,primipal builclt, c. Thele shall be no oxterior alterations, accessory buildings, or display.=which arc not:OWamat-x withzesidtviialbiffl&gs; - d. Not mote th=tww�,flare(25)percent of the existing grass floor area cox the dwelling urut. so ase4 not to exceed ane thoasand {1.001}) square feet; is elevated to'such use. In connecfxonwith such use,there,is to be kept no stock in trade, commodities or products which occao space bovond these jim, e. Thero will beno display ofgoods or wares visible Rom he succi; f The building or premises occupied s1aa11 not Tae rendered objectionable or dddmedd to the, xesidanvilal character of the neighborhood due to the exta dor appearance, emission of odor, gas, smoke, dust, wise, &Ls aaGC, Or iii any o=cher Wa3f beeorne objecdonable or dcfiiwmtal to auy�sidential,use vdfliita-the neighborhood; g. .Any such b-pffft sha11 indude no_€atures tri'design not coLmary in be's fox residue :.. . use �igrtatare �a�e I ` f S • t n r ? �., .• O b„�. ax .,,` * r rr s% �„: ,fir x� a 3 BOARD OF "`....-..:_,'• 120 MAIN �T TEL. 682-6483 �CHusEtty NORTH ANDOVER, MASS. 01845 Ext. 32 H E A L T H D E P A R T M 'E N T O. R D E R Issued under the provisions of The State Sanitary Code, Chapter II Minimum Standards of Fitness for Human Habitation 105 CMR 410.000 t Date: August 18, 1992 To Owner of Record: = Property Location: Mr. & Mrs. Edward Kollen 56 Church Street 56 Church Street No. Andover, MA 01845 No. Andover, MA 01845 � r authorized inspection was made of your property at the above ddress on August 18, 1992. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within thirty (30) days from the date of service of this order. k Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have a right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. This request must be made by you in writing within seven days after this order was served. If you request a hearing, all affected parties will be informed of the ' date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to' be heard. The petitioner has the right to be represented at the hearing. LW i All ' n . ; ivy Heal h ministrator Nov 1�t - A DATE OF ORDER: August 18 , 1992 TO: LOCATION: Mr. & Mrs. Edward Kollen 56 Church Street 56 Church Street No. Andover, MA 01845 No. Andover, MA 01845 VIOLATION TO BE CORRECTED NO LATER THAN THIRTY (3 0) DAYS FROM RECEIPT OF THIS ORDER LETTER. VIOLATION REGULATION REINSPECTION 1. The ceiling in the storage area 410 .500 v� 1 along the left wall in the front foyer is badly peeling. l� 2. The screen door on the rear exit 410 .551 (kitchen) does not f it properly and V ll is not weathertight as there is greater then 3/4" opening along the junction. 3 . -. Screens are missing from the 410 . 551 (►, 6b'Z�+ �� following windows throughout the 410 .553 �v unit; the kitchen, livingroom, �fJ d bedroom, & hallway. - You must provide screens for all windows. 4. The windows in the following 410 .501 / areas are not weathertight; the bathroom, kitchen, livingroom, upper hallway, & bedroom= (� -Z 5 . The bedroom ceiling is 410 .500 unfinished ; cracked and has waterstaining along the left wall. 6. The walls along the stairway in 410 . 500 the front foyer have holes and _ I 1 / cracks. �/. �/) �(k'✓�`� b ✓✓✓ // 7. The stairway410 .254. to the third floor bedroom is not supplied with a light or an electrical outlet. r V 1 Page 2 56 Church Street REGULATION REINSPECTIOD 8. The unit is not equipped with 410. 482 smoke detectors. Imo' J - You must install operable smoke detectors. 9. The linoleum on the kitchen 410.504 floor does not cover the entire ! v floor. There is an exposed area approximately 2 feet wide along the !� junction of the left wall and the X,� floor. 10. The tenant claims that the 410. 351 (B) refrigerator does not operate V properly. Please be advised that you are required to ensure that all owner installed equipment is maintained free from defects. cc: Lt. Ken Long, Fire Department Karen Nelson, Director, Planning & Comm. Dev. Bob Nicetta, Building Inspector 4 Certified #kP 844 208 144 -2 - Z14 �- � a Tt MAW Vt".A* o Iib,- t . NORTIy own of . o No. "�Lo dower, Mass.,�� • I� COCHICHEWICK �� ✓„t�SDRATED BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT Q..trji .;... �.tr. .............. .................... ................... . Foundation has permission to ere .................�................ .. buildings on ............. ...�..... ......A�..�!..�...�....:..... Rough ............. to be occupied as...... .. �acptling ilk.......... ... ... ....................................................... Chimney ...... ... ....... ......... ....... provided that the person this perm shall in eve respect conform to terms of the application on file in Final this office, and to the provisions of the Code and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough 1 PERMIT EXPIRES IN 6 MONTHS Final UNLESS CONSTRUC STARTS ELECTRICAL INSPECTOR Rough ................................................ Service G INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. NORTH TOWN OF NORTH ANDOVER . �o OFFICE OF p BUILDING DEPARTMENT 1600 Osgood Street Building 20, Suite 2-36 North Andover,Massachusetts 01845 1SSACHlyStt ` Telephone(978)688-9545 Gerald A.Brown ' (978)688-9542 Inspector of Buildings Fax - In HOMEOWNER LICENSE EXEMPTION Please DATE: �2 .� J JOB LOCATION: Number Street Address Map/Lot 9 ^ HOMEOWNER Name Home Phone Work Phone PRESENT MAILING ADDRESS J City Town State Zip Code The current exemption for"homeowners"was extended to include owner-occupied dwellings to two units or less and to allow such homeowners to engage an individual for hire who floes not possess a license,provided that the owner acts as supervisor). State Building (Code Section 108.3.5.1) DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two family structures. A person who constructs more that one home in a two-year period shall not be considered a homeowner. The undersigned"homeowncr"assumes responsibility for compliances with the State Building Code and other Applicable codes,by-laws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of North Andover Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. HOMEOWNERS SIGNATURE A � ' J APPROVAL OF BUILDING OFFICIAL, Revised 10.2005 Form Homeowam Exemption BOARD OF VPE:1I_S 6-38-9541 CU.NSERVAMON 688J9530 ITEAILTH(588-95.30 PLANNING 688-9535 Residential Property Record Card#1 of 1 �r`' v `� Parcel Year:2018 in: 210/041.0-0040-0000.0 MAP 041.0 BLOCK 0040 LOT 0000.0 PARCEL ADDRESS: 56 CHURCH STREET a of:4/10/2017 ' PARCEL INFORMATION Use-Code: 104 Sale Price: 1 Book: 00089 Tax Class: T Sale Date: 12/10/1993 Page: 0021 Tot Fin Area: 2732 Sale Type: P Cert/Doc: 11804 Tot Land Area: 0.17 Sale Valid: F Owner#1: KOLLEN NOMINEE TRUST Grantor: KOLLEN,VIRGINIA Owner#2: VIRGINIA F KOLLEN,TR Address#1: 58 CHURCH STREET Inspect Date: 5/2/2015 Road Type: T Exempt-B/L%: 0/0 Address#2: Meas Date: 5/2/2015 Rd Condition: P Resid-B/L%: 100/100 NORTH ANDOVER MA 01845 Entrance: X Traffic: M Comm-B/L%: 0/0 Collect ID: RB Water: Indust-B/L%: 0/0 Inspect Reas: R Sewer: Open Sp-B/L%: 0/0 RESIDENCE#1 INFORMATION LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 5 ZONE: GB Style: DX Tot Rooms: 12 Main Fn Area: 1328 Attic: Seg Type Code Method Sq-Ft Acres Influ-1/2/3 Value Class Story Height: 2.35 Bedrooms: 4 Up Fn Area: 1404 Bsmt Area: 1328 Roof: G Full Baths: 3 Add Fn Area: Fn Bsmt Area: 1 P 104 S 7601 0.17 100/ 165829 Ext Wall: AV Half Baths: Unfin Area: Bsmt Grade: Masonry Trim: Ext Bath Fix: Tot Fin Area: 2732 Foundation: ST Bath Qual: T RCNLD: 215282 Kitch Qual: T Eff Yr Built: 1970 Mkt Adj: Heat Type: FA Ext Kitch: Year Built: 1850 Sound Value: Fuel Type: G Grade: A Cost Bldg: 215300 Fireplace: Bsmt Gar Cap: Condition: A Att Str Val1: DETACHED STRUCTURE INFORMATION Central AC: N Bsmt Gar SF: Pct Complete: Att Str Val2: Str Unit Msr-1 Msr-2 E-YR-Blt Grade Cond %Good P/F/E/R Cost Class Att Gar SF: %Good P/F/E/R: /100//73 GI S 770 1988 A A 50///50 11900 Porch Type Porch Area Porch Grade Factor P 190 VALUATION INFORMATION SKETCH Current Total: 393000 Bldg: 227200 Land: 165800 MktLnd: 165800 \ 24 Prior Tot: 393000 Bldg: 227200 Land: 165800 MktLnd: 165800 12 12 PHOTO P —! j ____________________________________ ; .. 8 8 jr i, FU`0.35 i •' ' . 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N` h;.k•�"rS Y�y�f f J�;•x�N,-- �'�S'{�.� x, a 1•; �K+ rk�'S��' �.,,,,,r i gym. �r•Y '� r� �Yrr.:��� � •.�_ � .r �t 4,•:�w'"��,�d r}���s J5 a.��...`S s 11. � � �.,' �.-. �:�. `'tcf'�`I rpt i f� �, ..'� rtdif� �tfK'°'`n,'` '•• 1 - �..�.'^'3�..¢ ' - f •} x �k� Lt� i'ft.3.SAY :t,•- l r+� r L_ j,��•}tel jirrGk�'��r 1:! + 1`� �L lir" "� t• 1 rf� C,`fs�rr>;,� ;l S 4'f� e Y � s F + �h" ��r sl �! r•!' •r` ��j i �• �1` t•��,. r ;,� f ,�, .1 / .'.�:. J t3r'•ti11���� }y1aA. ea � .>.,`��' Donald R. Elliott 266 Main Street,North Ando-ver,MA o1845 C: 978-270-1326 H: 978-258-6711 Elliott.donald@Nrerrizon.net April 10,2017 Dear Matthew Caffrey and Zoning Board, My wife Susan and I became aware of a zoning complaint for Mr. Ed Kollen on Church Street regarding his longtime landscaping business located at his residence.We wanted to voice our support for Ed as we are close neighbors,our home is located on the corner of Church and Main Streets. We are currently on travel since the end of February and will not be back in time to attend the hearing scheduled for this week. We have resided in North Andover since 1999 and have not had a problem with Ed running his business from his home. If he is forced to shut down his business because of a change in zoning would cause him to lose his lively hood and source of income. We therefore request that the board reconsider the desist order and allow Ed to continue his business. Warm regards, Donald R.Elliott PETITION TO SUPPORT TED KOLLEN 56-58 CHURCH STREET To the North Andover Zoning Board of Appeals: We, the undersigned, want to show our support for Ted Kollen who lives at 56-58 Church Street, North Andover, MA. Ted has taken care of his property, and should be permitted to continue to operate his business, Kollen's Groundskeeping at his home, as he has done in the past. We urge the Zoning Board to allow Ted to continue to be in business. SIGNED: Nam Address Name Address /77- !/Ii�LJ�IOf/ 5 G. Name Address Name Address PETITION TO SUPPORT TED KOLLEN 56-58 CHURCH STREET To the North Andover Zoning Board of Appeals: We, the undersigned, want to show our support for Ted Kollen who lives at 56-58 Church Street, North Andover, MA. Ted has taken care of his property, and should be permitted to continue to operate his business, Kollen's Groundskeeping at his home, as he has done in the past. We urge the Zoning Board to allow Ted to continue to be in business. SIG ED: 1 Name Address Name Address GPOk- S f roc-&T Name Address �Wa/�tu 5A uwcxl Na ( Address PETITION TO SUPPORT TED KOLLEN 56-58 CHURCH STREET To the North Andover Zoning Board of Appeals: We, the undersigned, want to show our support for Ted Kollen who lives at 56-58 Church Street, North Andover, MA. Ted has taken care of his property, and should be permitted to continue to operate his business, Kollen's Groundskeeping at his home, as he has done in the past. We urge the Zoning Board to allow Ted to continue to be in business. SIGNED: 'Wa4wi- (X� Name Address Name f Address ��e �C'e. -�� /ate �'J,r�'l,h f'r�✓e Name Address v Al 7&fY4 Name Address PETITION TO SUPPORT TED KOLLEN 56-58 CHURCH STREET To the North Andover Zoning Board of Appeals: We, the undersigned, want to show our support for Ted Kollen who lives at 56-58 Church Street, North Andover, MA. Ted has taken care of his property, and should be permitted to continue to operate his business, Kollen's Groundskeeping at his home, as he has done in the past. We urge the Zoning Board to allow Ted to continue to be in business. SIGNED: � a � �+ Name Address !��2e � 2' Name Address 96 vi d C 0 6 Mc,0' iqb � Name Address C, �n `s r /zo/ �j Name Address V ff 112 PETITION TO SUPPORT TED KOLLEN 56-58 CHURCH STREET To the North Andover Zoning Board of Appeals: We, the undersigned, want to show our support for Ted Kollen who lives at 56-58 Church Street, North Andover, MA. Ted has taken care of his property, and should be permitted to continue to operate his business, Kollen's Groundskeeping at his home, as he has done in the past. We urge the Zoning Board to allow Ted to continue to be in business. SIGNED: 11:57 AXIIM& Name Address Name Address Name Address Name Address a ii • I t 4 11 r ',d y*'4 ,P - : • K -',Y h t �. A i t - r .tti 'yi rt j',mac.,y �: :[ • O _. t - r.:r (r)!�?, ..: { .:f<' � 't. mfr. - '1a-�5• �.+.� S.� -rd.;. 5ii +Y�1 •s j. ��t .q_- _ - � n Q lfj! Iq y it , �'_✓s�-�. : r• 4� ""�J� 4 ^S1 1 � ^PY+�7 M�•G�' '� ��� ���' �f� fyI1i��! •.�' %�����b�-,�, i�A�� , ,t'a'+ M7, 141 Lew f. ti It 11 of "�r.r .40^ 'r 4•• "fir f c r Rif , r r� i' all LEON% —y,� ,. ate,;,` (�`,i► ,+��'�`�' �,� zo IN Jk TRW M, MIR M• 41 r mi s ✓3F I� F - � = J r KOLLEN 004 4T 1 c 77! CIA a. w p t r a � �� � �ray +i ��.• ,... a.� _ yrs. y �1 y x� k t J { orOf f f- r ---- . RN 41 mbmmg 4 r Yr� k Ate j 4 € _ i,Sir , � < 1 f , • v 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: MCAFFREY9CAFFREYLAWOFFICE.COM *ALSO ADMITTED IN N.H. March 22, 2017 AGGRIEVED PARTY'S REQUEST FOR SPECIFIC FINDINGS Albert P. Manzi, 1I1, Esq. North Andover Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: Request for Specific Findings 56-58 Church Street, North Andover, MA (the "Property") Dear Chairman Manzi: As you know, I represent Edward G. Kollen, the owner of the above-referenced property (the "Aggrieved Party"). In furtherance of our Appeal (already filed with the Board), please consider this a Request for Specific Findings by the Board in this case: 1. The Condition of the Property The personal propeily which was observed by the Building inspector during his site visit on December 20, 2016, was personal property belonging to the Aggrieved Party, and not "refuse and debris," as claimed by the Building Inspector. In any case, the Board finds that such personal property has since been removed by the Aggrieved Party. Accordingly, the Board finds that this basis for issuance of a Cease and Desist Order is not supported by the facts, and the.Building Inspector's Order is hereby reversed by the Board for this reason. 2. Parking of Commercial Vehicle in Front of the Property During his site visit on December 20, 2016, the Building Inspector observed a commercial vehicle parked in front of the Property. The vehicle is owned by the Aggrieved Party. The Building Inspector•did not cite to any rule or regulation of the Bylaw which would prohibit such parking. The Board finds that such parking of a commercial vehicle is not in violation of the Bylaw, as claimed by the Building Inspector. LAW OFFICE OF MATTHEW A. CAFFREY, P.C. Albert P. Manzi, III, Esq. March 22, 2017 Page-2- Accordingly, to the extent the Building Inspector's Order was based on this claim, it is reversed by the Board. 3. Zoning Status/Permitted Use/ Groundskeeping Business The Building Inspector erred when applying the Bylaw to the current use of the subject Property, which is operated as a groundskeeping business. A "groundskeeping business" is an allowed use in the General Business District because it is a"mercantile activity, not involving manufacturing." Section 4.131(1).' It involves or relates to the "trade" of landscaping. Further, under the Summary of Use Regulations, the office which the Aggrieved Party operates at the Property for his business is allowed, as of right, because it qualifies under the heading "Business & other offices." Accordingly, for these reasons, the Building Inspector's Order that the Aggrieved Party is not pennitted to operate his business at the Property is hereby reversed by the Board. 4. Zoning Status /Permitted Use/Contractor's Yard The Building.Inspector erred when applying the Bylaw to the current use of the subject Property to store vehicles and equipment related to the Aggrieved Party's Business. The Aggrieved Party operates a contractor's yard at the Property for his landscaping business, which includes the storage of vehicles and equipment related to his business. Those vehicles, and related equipment, were noted by the Building Inspector during his site visit on December 20, 2016. Under the Bylaw's Table of Uses, a"contractor's yard" is a permitted use, as of right. Accordingly, for these reasons, the Building Inspector's Order is hereby reversed by the Board to the extent it relates to the storage of commercial vehicles, and equipment at the Property which are used in the Aggrieved Party's business. 5. Zoning Status/ Pre-Existing, Non-Conforming Use The Building Inspector erred when applying the Bylaw to the current use of the subject Property because that use constitutes a pre-existing, non-confonning use under the Bylaw. The Aggrieved Party has submitted testimony that he has operated his landscaping ' 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.merriam-webster.com/dictionary/mercantile(emphasis added). { LAW OFFICE OF MATTHEW A. CAFFREY, P.C. Albert P. Manzi, III, Esq. March 22, 2017 Page-3- business continuously at the Property since 1976. The Board finds this testimony credible. Based on these facts, the Aggrieved Party's use as a landscaping business and contractor's yard is grandfathered under the Bylaw as a pre-existing, non-conforming use, and the Building Inspector's Order is hereby reversed by the Board for this separate and independent reason. 6. Penalties for Violations The Building Inspector erred when applying the Bylaw when he referred to the penalties which may be imposed against the Aggrieved Party to include a"$1,000 fine" for each day the alleged violations continue under the Massachusetts Building Code (81' Ed.). Pursuant to Section 10.13, the Penalty for any violation of the provisions of the Bylaw is $300 for each day that the violation continues. In any case, the Board finds no such violations have occurred in this case. Very truly yours, Matthew affrey ED LAW OFFICE OF 10E MATTHEW A. CAFFREY, P.C . 21THAR1 i`{{�pa V'N Nr f'U THOMAS F. CAFFREY 93 MAIN S1*kAth, i[� If MATTHEW A. CAFFREY* ANDOVF AWVhfaH1W1Ed `j SAMER OBEID 978-475-0043 FAx 978-475-0049 E-MAIL: MCAFFREYQa CAFFREYLAWOFFICE.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 for his 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- 11. ZONING STATUS Respectfully,we appeal all aspects of the Decision as it relates to the zoning status and use of the Property. j 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'mporrect. To the contrary, a groundskeeping business j 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. I 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.merriam-webster.com/dictionary/mercantile(emphasis added). J EXHIBIT A 7 • • • 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. T you, Donald Belanger Inspector of Buildings/ Zoning Enforcement Officer cc: Edward G. Kollen 56 Church Street North Andover MA, 01845 ``�� ay_cl l + d����J:'"�. _ ate a ...^„ ,•��.-•_ - u _,tom :I , rM• ____ _ 1 /AY !{•{ln Y,\(1i'�a.��.. \.�1 ''4;'������ r"+t�V�'-�/,i111.1"'ziiK. i h lli - --- �.�e �— "4 ;�,. 1 � •fir, ��,�`1; q '� _�� �Rs= I— `�� �',�' ,u'+? - '�u�'�w�'�ls'YYti'9o!'i�`Q�',✓�++,'��j`1'�rY�'ul,>;`;��'�if�i:''r'.��„ ' '\•�� \` to � � 4 - as— � 1I '•!'�1 of _ S tel`�'+,•4'�; ,��.Y +,� �r/��' y''''M1'l�li:•�"+'/ r` �� �' '! .. I � �d�`� '� P ,,�q�•� i16'�,.n�,.��s h �;iJ / `�'r4 d.ni�+� TIR�+� i �r�n� �`n�> � - - :. _��•.• 7�C;� � rR"`` ; �`1�`�`��� �� 'v'a.""�'0� �il�Y'II r���`..�.+'U.��.�+j r .f �_ �_—� ._� - ._ I - � .�.! �� _"-'1 raiy,. Vit' >.. - d 'p' r '��•''`y,�1�S. I k1 mAl I I _ Lll L I ,l � lZ � � ' � � fir - . +`.. 1:1� r :� �: „}^i' — �, .GROUNDSI�EEPII�TG CCMPLE7E IAWH CARE ,��,/A�s :� �' SHCW,PLCWIN6�i`.EOCGATSER4ICE ��y �: �f'� _ 97B 6.85,.,,,;_7291 ,;-�� ��;,t � . ',"y � ' _ ..Y.;. �.. _�. Y' , 1 f � � EXHIBIT B 0 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 lawnmowers 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, I 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 10"DAY OF MARCH, 2017. Edward G. Kollen Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman „ Associate Members Ellen P.McIntyre,Vice-Chairman Deney Morganthal D.Paul Koch Jr.,Esq.Clerk Alexandria Jacobs,Esq. Douglas Ludgin Nathan Weinreich Allan Cuscia Zoning Enforcement Officer Donald Belanger Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall located at 120 Main Street, North Andover, MA on Tuesday, April 11, 2017, at 7:30 PM to all parties interested in the petition of Edward G. Kollen, for property 56-58 Church Street (Map 041.0, Parcels 040), North Andover, MA 01845 in the GB Zoning District. This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a groundskeeping business at 56-58 Church Street. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: March 28, 2017 April 04, 2017 {00084696;v1} 3/28/P-017 notices.eagletribune.com/1isting/9144572 • Home C� Submit a notice powered by P U B L I C NOTICES All Notices Legal Notices Public Notices Legal Notices Back Source Eagle Tribune Category Legal Notices Published Date March 28,2017 Notice Details North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall located at 120 Main Street,North Andover,MA on Tuesday,April 11,2017,at 7:30 PM to all parties interested in the petition of Edward G. Kollen,for property 56-58 Church Street(Map 041.0,Parcels 040),North Andover,MA 01845 in the GB Zon-ing District.This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a groundskeeping business at 56-58 Church Street.Application and supporting ma-terials are available for review at the office of the Zoning Department located at 120 Main Street,North Andover, MA,Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P.Manzi I11,Esq.,Chair-man ET-3/28,4/4/17 ©Copyright 2017,Public Notices.All rights reserved.Search powered by transparensee About Terms of Use Privacy Policy http://notices.eagietribune.com/lisfing/9144572 1/1 3/28/2017 Public Notices NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall located at 120 Main Street, North Andover, MA on Tuesday, April 11, 2017, at 7:30 PM to all parties interested in the petition of Edward G. Kollen, for property 56-58 Church Street (Map 041.0, Parcels 040), North Andover, MA 01845 in the GB Zoning District. This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a groundskeeping business at 56-58 Church Street. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET - 3/28, 4/4/17 Appeared in: Eagle-Tribune on Tuesday, 03/28/2017 Back http://ma.mypubiienotices.com/PublieNotice.asp?Page=Pub]icNobcePrint&AdiD=4346445 1/1 CLASSIFIED MARKETPLACE THEEAGLE-TRIBUNE Tuesday,March 28,2017 13 _—�---- address.Donald D.Cooper,Chair- ., p discuss proposed amendments to,the Town's zoning bylaws. The public man. hearing will be held as follows: ET—3128/17 Place: North Andover Town Hall A DTS 2009120 Main Street North Andover,MA 01845 in carfax,one owner vehicle. ded with all power options, MERCEDES BENZ 2000 SLK 230 supercharged North Andover Board of Appeals Date; April 4,2017 of,chrome wheels,premium 2 door convertible.AMO wheels.All factory Notice is hereby given that the Time: 7:00 PM Call today 978-912-7524 maintenance from local Mercedes dealer. Board of Appeals will hold a public All interested persons may appear and be heard.Persons needing spe- Only 73k original miles.Completely loadedhearing at the Town Hall located at cial accommodations and/or those interested in viewing the application Take advantage of off season pricing. 120 Main Street, North Andover, materials should contact the North Andover Planning Department at(978) Ar + ,k Only$10,900.Call today 978-462-3088 688-9535. MA on Tuesday, April 11, 2017, at The subject matter of the proposed amendments is as indicated below. 7:30 PM to all parties interested in The complete text and maps relative to the proposed amendments are avail- the petition of Edward G. Koller, p p p po able for inspection during regular business hours at the following places: �.� for property 56-58 Church Street V14, a Town Hall,Office of Town Clerk,Town of North Andover,120 (Map 041.0, Parcels 040), North Main St.,North Andover,MA, 01845 Andover,MA 018451n the GB Zon- FT 2003 IMPALA LT '�' "'-' Town Hall,Planning Department Office,Town of North Andover, , e 6 passenger,t owner. tt,, Ing District. 120 Main St.North Andover,MA 01845 .ats,powerpassenger, 1 owner. Mitsubishi Mitsubishi Mirage 2017 This is an appeal of the Building 9 Town Meeting Article to amend the Town's Zoning Map (Corridor new brakes.18"Aluminum 3 cyl.,a0 mpg.,5300 miles, white/Black Inspector's determination that the Development District 3),to rezone certain parcels of land to properly de- CDla er.ONLY$3200. interior 4 door 6 hatch back,LOADED11 use of the property is in violation of L603-948-8912 Sticker price$16,468.00 sell for$10,500. Section 4.131 of the Zoning Bylaw Pict the Corridor Development District 3(CDD3)originally adopted within (617)460-9127 or(781)598-9354 and the issuance of a Cease and the CDD3 by vote Article 38 of the 2008 Annual Town Meeting. • , , 7 :a;; Desist Order to cease operating a Town Meeting Article to amend the Town's Zoning Map—Parcel groundskeeping business at 56-58 009.0-074-0000.0(24 Baldwin Street),to rezone a certain parcel of land to Church Street. properly depict the Residential 4 zoning originally approved by Article 40 of Application and supporting ma- the 1997 Annual Town Meeting. I�o� � O terials are available for review at Town Meeting Article to amend Zoning Bylaw Section 10-Adminis- p� the office of the Zoning Department tration,Subsection 10.57 Effect of Subsequent Amendments,to extend located at 120 Main Street, North the period of time within which a building permit or special permit must be Andover, MA, Monday, Wednesday exercised without having to comply with a subsequent zoning amendment and Thursday from the hours of as authorized by recent amendment to M.G.L.Chapter 40A,Section 6. e you heard the news . Town Meeting Article to amend Zoning Bylaw Section 8,Subsection of0-4:00, Tuesday from the hours 8.12,to include a portion of a certain parcel of land located at 1600 Osgood of 800-5:30 and Friday from 8:00 to Street (Map 35, Parcel 17)in the Medical Marijuana Overlay District, to 11:30 further define the term"medical marijuana facility",and to further regulate By order of the Board s Appeals the size and use of a facility. What?hat.? maAlbert P. Manzi III, Esq., Chair- n Town Meeting Article to amend the Town's Zoning Map,to include a ET-3/28,4/4/17 certain portion of Map 34,Parcel 17 in the Medical Marijuana Overlay Dis- trict(MMOD)as shown on that MMOD Plan dated March 3,2017. ET-3/21,3/28/17 North Andover Board of Appeals Notice is hereby given that the :h of Boston Media Board of Appeals will hold a public MORTGAGEE'S NOTICE�F SALE OF REAL ESTATE hearing at the Town Hall located at By virtue and in execution of the Power of Sale contained in a certain 120 Main Street, North Andover, Mortgage given by Diana Bellandi and Christine Bellandi to Mortgage ring. MA on Tuesday, April 11, 2017, at Electronic Registration Systems, Inc. as nominee for, Mortgage Lenders 7:30 PM to all parties interested in Network USA,Inc.,its successors and assigns,dated March 6,2006 and the petition of Brooks School, for recorded with the Essex County (Northern District) Registry of Deeds at property 1160 Great Pond Road Book 10070, Page 254 subsequently assigned to US Bank National As- (Map 0103.0,Parcels 0028),North sociation as Trustee by Mortgage Electronic Registration Systems,Inc. by Andover,MA 01845 in the R1 Zon- assignment recorded in said Essex County(Southern District)Registry of Ing District. Deeds at Book 12051,Page 291 and subsequently assigned to U.S.Bank The Petitioner is requesting a National Association, as Trustee, for Residential Asset Securities Corpo- Variance ration, Home Equity Mortgage Asset-Backed Pass-Through Certificates, is never been a more exciting time to work from Table 2 Dimensional Re- q ty9 uirements R•1 Zone: Series 2006-EMX5 by US Bank National Association as Trustee by assign- ws-gathering organization. The North of q ment recorded in said Essex County(Northern District)Registry of Deeds at Allowed Height 35 Feet Book 14926,Page 163;of which Mortgage the undersigned is the present ledia group employs more than 350 people Proposed Height 48 Feet holder for breach of the conditions of said Mortgage and for the purpose of Variance Requested 13 Feet foreclosing same will be sold at Public Auction at 11:00 AM on April 18,2017 lerrimack Valley. This includes rewarding Application and supporting ma- at 15 Briarcliff Drive,Methuen,MA,all and singular the premises described terials are available for review at in said Mortgage,to wit: In journalism advertising sales production, the office of the Zoning Department journalism, g �p � The land in Methuen,Essex County,Massachusetts being shown as Lot located at 120 Main Street, North numbered 7 on a plan of land entitled,"Definitive Subdivision Plan,"Briar- gy, and more. Andover, MA, Monday, Wednesday cliff Drive," Methuen, Mass., Scale 1"=40'. Date: March 28, 1986, Rev. and Thursday from the hours of May 20, 1986"which plan is duly recorded in the North Essex Registry of 8:00-4:00, Tuesday from the hours Deeds as Plan Numbered 10440.Containing 10,000 square feet,as shown LEADER of 800-5:30 and Friday from 8:00 to on said plan.Together with the right to use all the ways as shown on the 'oston Media Group,North Andover,MA 11:30 aforementioned Plan for the purposes for which public ways are used in the By order of the Board of Appeals Town of Methuen.Being part of the premises conveyed by deed of Jo-Beth, Responsibilities for this position include Albert P.Manzi III,Esq., Inc.dated October 31,1986,and recorded at said Registry Book 2344 Page ng ad copy,as well as double checking ad layouts, Chairman 67.Said premises are conveyed subject to the following restrictions which in grammar, style, spelling and design for our Ad ET-3/28,4/4/17 are for the sole benefit of the grantor,his heirs,and assigns and not for the grantees, and unless modified or discontinued by certificate to that effect ,rtment. Knowledge and understanding of Adobe Signed by the grantor,his heirs and assigns,shall remain in full force and equired.Candidates should have excellent grammar, effect for a term of thirty(30)years from the date hereof:Said premises shall id organizational skills and the ability to work well TOWN OF NORTH ANDOVER constitute one(1)house lot and shall not be subdivided; no building other g PLANNING BOARD than a single family dwelling which included a garage,shall be placed on dline pressure.The hours are Monday-Friday 3:30 NOTICE OF PUBLIC HEARING said land.No dwelling and/or garage shall be erected on said lot until plans In accordance with the provisions include placement and construction of dwelling with reference to lot line and OO a.m. of M.G.L.Chapter 40-A,Section 11, grade and specifications for any dwelling to be erected on the premises the North Andover Planning Board shall have been submitted for the approval of the grantor or his heirs and ISING SALES PROFESSIONALS will hold a: Public Hearing:Appli- assigns and approved in writing by the grantor or his heirs and assigns in cation for Special Permits for Site form suitable for recording.Property Address:15 Briarcliff Drive,Methuen, Aston Media Group,North Andover,MA Plan Review 8.1,8.3,10.3 and 10.31 MA Being the same premises conveyed with Essex North Registry of Deeds Come join our sales team! We are looking for a of the North Andover Zoning Bylaw. in Book 2391 Page 79. The project consists of a modifica- The premises are to be sold subject to and with the benefit of all ease- ented, high-energy,experienced sales professional tion to an existing permit to construct ments, restrictions, building and zoning laws, liens, attorney's fees and and maintain long-term relationships with existing a one (1)story, 6,700 sf expansion costs pursuant to M.G.L.Ch.183A,unpaid taxes,tax titles,water bills,mu- to the existing Sakowich Campus nicipal liens and assessments,rights of tenants and parties in possession. 9 9 9 P Center.The project also proposes an TERMS OF SALE: Be a part of the future of newspapers.One to three exterior patio area off of the eastern A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS($5,000.00) �s experience required. Prior media experience side of the expansion. The second in the form of a certified check,bank treasurer's check or money order will P qSpecial Permit proposes to upgrade be required to be delivered at or before the time the bid is offered. The Nith an emphasis on digital.Exceptional written and the existing athletic fields to provide successful bidder will be required to execute a Foreclosure Sale Agreement 1lmunication skills. Strong organizational skills, a modern synthetic turf field and run- immediately after the close of the bidding. The balance of the purchase Hing track,viewing bleachers(2,500 price shall be paid within thirty(30)days from the sale date in the form :at nrinritipc and mast rrpaf)IIr1P.S r indidntpC rrlllct seats)with a nracc hnv n n,ov„Hold of a r:ertifAd check.bank treasurer's check or other r.heck satisfactory to 4/5/2017 noti ces.eagl etri bune.com 4 i sti ng/91 44572 n Home C° Submit a notice powered by _ PUBLIC NOTICES 1At 110 i bli All Notices Legal Notices Public Notices Legal Notices 5 Back Source Eagle Tribune Category Legal Notices Published Date March 28,2017 Notice Details North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall located at 120 Main Street,North Andover,MA on Tuesday,April 11,2017,at 7:30 PM to all parties interested in the petition of Edward G. Kollen,for property 56-58 Church Street(Map 041.0,Parcels 040),North Andover,MA 01845 in the GB Zon-ing District.This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a groundskeeping business at 56-58 Church Street.Application and supporting ma-terials are available for review at the office of the Zoning Department located at 120 Main Street,North Andover, MA,Monday,Wednesday and Thursday from the hours of 8:00-4:00,Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P.Manzi 111,Esq.,Chair-man ET-3/28,4/4/17 O Copyright 2017,Public Notices.All rights reserved.Search powered by transparensee About Terms of Use Privacy Policy http://notices.eagletribune.com/listing/9144572 1/1 4/5/2017 Public Notices • NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall located at 120 Main Street, North Andover, MA on Tuesday, April 11, 2017, at 7:30 PM to all parties interested in the petition of Edward G. Kollen, for property 56-58 Church Street (Map 041.0, Parcels 040), North Andover, MA 01845 in the GB Zoning District. This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a groundskeeping business at 56-58 Church Street. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET- 3/28, 4/4/17 Appeared in: Eagle-Tribune on 03/28/2017 and 04/04/2017 Back http://ma.mypubiicnotices.com/PublicNotice.asp?Page=PublicNoticePrint&AdID=4346445 1/1 J I CLASSIFIED MARKETPLACE THE EAGLE-TRIBUNE Tuesday,April 4,2017 13 rOTICES FOR YOUR COMMUNIT'Y ATION TO BID North Andover Board of Appeals North Andover Board of Appeals Conservation Commission CONSERVATION COMMISSION ;CHOOL DISTRICT Notice is hereby given that the Notice is hereby given that the Public Hearing PUBLIC HEARING remonty Drive Board of Appeals will hold a public Board of Appeals will hold a public Pursuant to the authority of the Pursuant to the authority of the w Hampshire 03079 hearing at Town Hall at 120 Main hearing at the Town Hall located at Wetlands Protection Act, Massa- Wetlands Protection Act,Massachu- iool District is soliciting Street,North Andover,MA on Tues- 120 Main Street, North Andover, chusetts General Laws Chapter 131, setts General Laws Chapter 131, day,April 11,2017 at 7:30 PM to all MA on Tuesday, April 11, 2017, at Section 40, as amended, and the Section 40, as amended, and the 3enerator Relocation parties interested in the petition for 7:30 PM to all parties interested in North Andover Wetlands Protection North Andover Wetlands Protection braryAC Unit Donald Stanley for property locat- the petition of Brooks School, for Bylaw,the North Andover Conserva- Bylaw, the North Andover Conser- Stair and Walkway ed at 58 Country Club Circle(Map property 1160 Great Pond Road tion Commission will hold a public vation Commission will hold a public .amera Upgrade 064.0,Parcel 0150),North Andover, (Map 0103.0,Parcels 0028),North hearing on: hearing on: should be directed to: MA 01845. Andover,MA 01845 In the R1 Zon- Wednesday, April 12, 2017 at WEDNESDAY April 12, 2017 at enheimer, The applicant is requesting ing District. 7:00 PM in the Board of Selectman 7:00 PM in the Board of Selectmen :e Director a variance pursuant to section The Petitioner is requesting a Meeting Room 2nd Floor located at Meeting Room 2nd Floor located at my Drive 4.136.3.61.3 for construction of an Variance 120 Main Street,North Andover,MA. 120 Main Street,North Andover,MA nr Hampshire 03079 In-Ground Pool in the R-1 Zoning from Table 2 Dimensional Re- For filing of a Request for Deter- For the filing of a Request for De- '040 ext.3018 District quirements R-1 Zone: mination of Applicability by (appli- termination of Applicability by(appli- ins obtained prior to A Variance is requested under Allowed Height 35 Feet cant)Daniel Azzarello cant)Bill and Jackie Bannister 31k-through on Friday, Section 4.136(Watershed Protec- Proposed Height 48 Feet To alter land at: 49 Bruin Hill To alter land at: 380 Winter 17. Bid openings on tion Division), 3 (Uses and Building Variance Requested 13 Feet Road (Map 104A/Parcel 102) Street(Map 104A/Parcel 38)North 1,2017.Specifications Requirements),c.ii(3)(Non-Distur- Application and supporting ma- North Andover,MA Andover,MA fisted by calling Kathy bance Buffer Zone), of the Zoning teriais are available for review at For the purpose of:after the fact For the purpose of:driveway re- 03)893-7040. Bylaws. the office of the Zoning Department filling for construction of a patioplacement and gravel turnaround, Application and supporting mate- located at 120 Main Street, North within the Buffer Zone to Border- retaining wall,brick walkway and rials are available for review at the Andover, MA, Monday, Wednesday ing Vegetated Wetland. mudroom entry patio within the office of the Zoning Department Io- and Thursday from the hours of Plans are available at the Conser- Buffer Zone to Bordering Vegetat- )NWEALTH OF cated at 120 Main Street,North An- 8:004:00, Tuesday from the hours vation Office,120 Main Street ed Wetland. ACHUSETTS dover,MA,Monday,Wednesday and of 800-5:30 and Friday from 8:00 to By:Louis Napoli,Chairman Plans are available at the Conser- 'RIAL COURT Thursday from the hours of 8:00- 11:30 N.A.C.C. vation Office,i20 Main Street NO FAMILY COURT 400,Tuesday from the hours of 800- By order of the Board of Appeals ET-4/4/17 By:Louis Napoli,Chamnan ite and Family Court 5:30 and Friday from 8:00 to 11:30. Albert P.Manzi 111,Esq., N.A.C.C. :deral Street ET-3/28,4/4/17 Chairman n,MA 01970 ET-3/28,4/4/17 ET-4/4/17 et No.ES17P0339PM North Andover Board of Appeals MORTGAGEE'S NOTICE F SALE OF REAL ESTATE a matter of: Notice is hereby given that the By virtue and in execution of the Power of Sale contained in a certain P Malynn,Jr. Board of Appeals will hold a public Mortgage iv laverhill,MA hearingat the Town Hall located at TOWN OF NORTH ANDOVERgiven by Diana ems, Inc.and Christine r, Mort to Mortgage 1PONDENT PLANNING BOARD Electronic Registration Systems, nas nominee for, Mortgage Lenders ie Protected/Minor 120 Main Street, North Andover, NOTICE OF PUBLIC HEARING Network USA,Inc.,its successors and assigns,dated March 6,2006 and ie Prot NOTICE OF MA on Tuesday, April 11, 2017, at in accordance with the provisions recorded with the Essex County (Northern District) Registry of Deeds at �R APPOINTMENT 7:30 PM to all parties interested in of M.G.L.Chapter 40-A,Section 11, Book 10070, Page 254 subsequently assigned to US Bank National As- the petition of Edward G. Kollen, the North Andover PlanningBoard sociation as Trustee by Mortgage Electronic Registration Systems,Inc.b SERVATOR OR for roe 56-58 Church Street g y y property will hold a: Public Hearin A li assignment recorded in said Essex County(Southern District)Registry of )TECTIVE ORDER (Map 041.0, Parcels 040), North ci P Deeds at Book 12051,Page 2 f TO G.L.c.190B, Andover,MA 01845 in the GB Zon- tion for a Watershed Special Per- g 91 and subsequently assigned ri U.S.Bank 14 8§505 In District. mit under Sections 4.136, 10.3 and National Association, as Trustee, for Residential Asset Securities Corpo- 14 Respondent and g 10.31 of the North Andover Zoning ration, Home Equity Mortgage Asset-Backed Pass-Through Certificates, p This is an appeal of the Building Bylaw. The A proposes Series 2006-EMX5 b y g sted persons, a peti- Inspector's determination that the y Applicant ro oses to ment recorded in said Essex County Association as Trustee b assi a- iled by Lori Luponi of use of the property is in violation of construct a 440 square foot addi- ty(Northern District)Registry the Deeds nt r the above captioned Section 4.131 of the ZoningBylaw tion and a 168 square foot screened Book 14926,Page the of which Mortgage the undersigned h the present that John P Mal nn, y in porch off of the existing home in holder for breach ilthe conditions li said Mortgage and for the purpose of Y and the issuance a a Cease and the Non-Disturbance and Non-Dis- order foreclosing same will be sold at Public Auction at 11:00 AM on April 18,2017 of a Conservator t- Desist Order to cease operating a charge Zone.The at 15 Briarcliff Drive,Methuen,MA,all and singular the remises described and request- groundskeeping business at 56-58 g project is located in said Mortgage, g p ve other suitable per- Church Street. within the Residential 1(R-1)Zoning to wit: led as Conseryator to District. Petitioner. Gregory Pen- The land in Methuen,Essex County,Massachusetts being shown as Lot Application and supporting ma- ne 102 South Bradford Street North numbered 7 on a plan of land entitled,"Definitive Subdivision Plan,"Briar- Surety on the bond. terials are available for review at Andover, MA 01845 Land Owner: cliff Drive,"Methuen, Mass., Scale 1"=40'. Date: March 28, 1986,Rev. asks the court to the office of the Zoning Department the Respondent is located at 120 Main Street, North Gregory Penney Premises Affect- May 20, 1986"which plan is duly recorded in the North Essex Registry of 3 protective order or ed:102 South Bradford Street North Deeds as Plan Numbered 10440.Containing 10,000 square feet,as shown p Andover, MA, Monday, Wednesday Andover,MA 01845 Public Hearin on said plan.Together with the right to use all the was as shown on the a Conservator is nec- and Thursday from the hours of g' g y it the proposed con- g;00-4:00, Tuesdayfrom the hours Tuesday,April 18,2017 @ 7:00 pm., aforementioned Plan for the purposes for which public ways are used in the ro nate.The petition 120 Main Street North Andover,MA. Town of Methuen.Being part of the premises conveyed by deed of Jo-Beth, p of 800-5:30 and Friday from 8:00 to Information: All interested Inc.dated October 31,1986,and recorded at said Registry Book 2344 Page is court. 11:30 per- 9 rY 9 e right to object to g order of the Board of Appeals sons may appear and be heard.A 67.Said premises are conveyed subject to the following restrictions which If you wish to do y pp copy of the plan and application is on are for the sole benefit of the grantor,his heirs,and assigns and not for the g y Albert P. Manzi III, Esq., Chair- file in the Planning Det 120 Main grantees,and unless modified or discontinued by certificate to that effect attorney must file a man g M signed b the ince at this court on ET-3/28,4/4/17 Street,North Andover,MA and may 9 y grantor,his heirs and assigns,shall remain in full force and )A.M. on the return be inspected during regular business effect for a term of thirty(30)years from the date hereof Said premises shall 117.This day is NOT hours. constitute one(1)house lot and shall not be subdivided;no building other but a deadline date Notice of North Andover Planning ET-4/4,4/11/17 than a single family dwelling which included a garage,shall be placed on ave to file the written Board Hearing said land.No dwelling and/or garage shall be erected on said lot until plans ou object to the peti- Relative to Proposed Zoning include placement and construction of dwelling with reference to lot line and :o file the written ap- 8ylaw Amendments CITY OF LAWRENCE grade and specifications for any dwelling to be erected on the premises e return date,action Pursuant to M.G.L.40A,Section 5 INVITATION FOR BIDS shall have been submitted for the approval of the grantor or his heirs and n this matter without The Town of North Andover Plan- The City of Lawrence's Office of assigns and approved in writing by the grantor or his heirs and assigns in Planning and Development(Award- form suitable for recording.Property Address:15 Briarcliff Drive,Methuen, > you. In addition to ning Board will hold a public hearing ing Authority) invites sealed bids MA Being the same premises conveyed with Essex North Registry of Deeds appearance,you or to discuss proposed amendments to for the Bourgoin Square Park Play- in Book 2391 Page 79. lust file a written ef- the Town's zoning bylaws. The pub- ie specific facts and lic hearing will be held as follows: ground in accordance with the doc- The premises are to be sold subject to and with the benefit of-all ease- uments prepared by the City of Law- ments, restrictions, building and zoning laws, liens, attorney's fees and objection within 30 Place:North Andover Town 611itum date. 120 Main Street rence and Groundwork Lawrence. costs pursuant to M.G.L.Ch.1 83A,unpaid taxes,tax titles,water bills,mu- rANT NOTICE North Andover,MA 01845 The scope of work includes:Site nicipal liens and assessments,rights of tenants and parties in possession. of this proceeding Date: April 18,2017 preparation, disposal of existing TERMS OF SALE: mpletely take away Time: 7:00 PM playground,excavation,site grading, A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS($5,000.00) 3d person's right to All interested persons may ap- and installation of site amenities and in the form of a certified check,bank treasurer's check or money order will .r,.,,,. .,o.�,. i �F „o„,,,,4 tie ke A o - playground eauiament and surface. be required to be delivered at or before the time the bid is offered. The 3W.+ v i Q tn' oo ) Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman ,t Associate Members Ellen P.McIntyre,Vice-Chairman ' Deney Morganthal D.Paul Koch Jr.,Esq.Clerk Alexandria Jacobs,Esq. Douglas Ludgin Nathan Weinreich Allan Cuscia 6_ Zoning Enforcement Officer Donald Belanger Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall located at 120 Main Street, North Andover, MA on Tuesday, April 11, 2017, at 7:30 PM to all parties interested in the petition of Edward G. Kollen, for property 56-58 Church Street (Map 041.0, Parcels 040), North Andover, MA 01845 in the GB Zoning District. This is an appeal of the Building Inspector's determination that the use of the property is in violation of Section 4.131 of the Zoning Bylaw and the issuance of a Cease and Desist Order to cease operating a groundskeeping business at 56-58 Church Street. Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: March 28, 2017 April 04, 2017 {00084696;v1} , Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) I REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property: MAP PARCEL Name Address 41 40 Kollen Nominee Trust 58 Church Street North Andover,MA 01845 ✓ Abutters Properties 31a 0 cl Mai led - Man Parcel Name Address Evia,it 41 2-0059 Gary Rodgers 59 Church Street North Andover,MA 01845 1-/ ✓✓ 41 2-0061 Cosimo Parco 61 Church Street North Andover,MA 01845 ✓/ 41 2-0061.A Cosimo Parco 61A Church Street North Andover,MA 01845 V 41 4 Daigle Family Trust PO Box 225 West Boxford,MA 01885 ✓ ✓ 41 9 Breen Memorial Funeral 35-37 Merrimack Street North Andover,MA 01845 41 10 Sobraden,LLC 68 Surrey Drive North Andover,MA 01845 ✓ ✓✓ 4 / 41 12 NA Water St.Empire,LLC 69 Water Street North Andover,MA 01845 +✓ 41 13 Marilyn McPhee 63 Water Street North Andover,MA 01845 41 14 John Dorsey 64 Regent Avenue Haverhill,MA 01832 ✓/ 41 16 Tristan Lush 17-19 Merrimack Street North Andover,MA 01845 y/ 41 17 Kathleen Manzi 15 Merrimack Street North Andover,MA 01845 i/ ✓ 41 22 Ashin Negi 22 Garden Street North Andover,MA 01845 ,/ ✓ 41 23 John Shagoury PO Box 98 Weston,MA 02493 ✓ 41 34 Spite Realty Trust 63 Water Street North Andover,MA 01845 ✓ ✓ 41 36-0021 Brienne Hart 21 Merrimack Street North Andover,MA 01845 ,/ ✓ 41 36-0023 Constance Cronin 23 Merrimack Street North Andover,MA 01845 41 37 Arthur&Ann Comeau 53 Water Street North Andover,MA 01845 ✓ 41 39 Guy Richards 48 Water Street North Andover,MA 01845 ✓� 41 41 James Smedile 65 Greene Street North Andover,MA 01845 41 43 David Cole 73 Water Street North Andover,MA 01845 ✓ 41 44 Sheryl Pendexter 64 Church Street North Andover,MA 01845 41 46-0049 Angelina Le 49 Church Street North Andover,MA 01845 ✓ ✓/ 41 46-0051 Tavarekere Prakasha 51 Church Street North Andover,MA 01845 ✓ v/ 42 1-0001 Phillip Sampson 88 Elm Street North Andover,MA 01845 ✓ ,y/ 42 1-0002 John Molloy 68 Elm Street North Andover,MA 01845 ✓ ✓, 42 1-0003 Kathleen Cronin 88 Elm Street North Andover,MA 01845 ,/ �✓ 42 2 Trinitarian Congregational Church 72 Elm Street North Andover,MA 01845 42 3 Nadine Feraco 42-44 Church Street North Andover,MA 01845 42 4-0032.A Maureen Hanawalt 32 Church Street#A North Andover,MA 01845 42 4-0032-B Karen Strem 32 Church Street#B North Andover,MA 01845 i 42 4-0034 Ryan Doran 34 Church Street North Andover,MA 01845 ✓ 1v// 42 5 Richard Richmond 30 Church Street North Andover,MA 01845 42 9 John Morgan 23-25 Garden Street North Andover,MA 01845 ✓ ✓� 54 1 RCG West Mill NA,LLC 17 Ivaloo Street Somerville,MA 02143 54 2 RCG West Mill NA,LLC 17 Ivalon Street Somerville,MA 02143 54 3 RCG West Mill NA,LLC 17 Ivaloo Street Somerville,MA 02143 / 54 4 Raymond Mesiti 526 Osgood Street North Andover,MA 01845 ma*e.Lo Caiff'QY q3 Main 34. Rnaww ✓ -E. Kot len 5W Church 31- N, Ando w ✓ � Date 3/20/2017 niS CCrtlilC'' that the mr oii; appearing on the Page 1 of 1 records the ASS,!Gsors 7fficca as of �t9vu t —*-)/6 Grltififrd . -117 041.0-0002-0059.0 041.0-0002-0061.0 041.0-0002-0061.A RODGERS,GARY PARCO,COSIMO PARCO,COSIMO 59 CHURCH STREET 61 CHURCH STREET 61A CHURCH STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0004-0000.0 041.0-0009-0000.0 041.0-0010-0000.0 DAIGLE FAMILY TRUST BREEN MEMORIAL FUNERAL HOME SOBRADEN,LLC ROBERT&CLAIRE DAIGLE,TRUSTE 35-37 MERRIMACK STREET 68 SURREY DRIVE PO BOX 225 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 WEST BOXFORD,MA 01885 041.0-0011-0000.0 041.0-0012-0000.0 041.0-0013-0000.0 HAROLD J.MCPHEE TRUST VERNILE,ROBERT J. MARILYN A.R.MCPHEE TRUST MCPHEE,HAROLD J,&MARILYN A.R C/O NA WATER ST EMPIRE LLC MCPHEE,HAROLD J.&MARILYN A.R 63 WATER STREET 69 WATER STREET 63 WATER STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0013-0000.0-' -- 041.0-0013-0000.0 ~- 041.0-0014-0000.0 MARILYN A.R.MCPHEE TRUST MARILYN A.R.MCPHEE TRUST DORSEY,J014N MCPHEE,HAROLD J.&MARILYN A.R MCPHEE,HAROLD J.&MARILYN A.R 64 REGENT AVENUE 63 WATER STREET 63 WATER STREET HAVERHILL,MA 01832 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0016-0000.0 041.0-0017-0000.0 041.0-0022-0000.0 LUSH,TRISTAN MANZI,KATHLEEN,A.&MENERY, MJM REALTY TRUST LUSH,LOREN FINN,NANCY,E.&OAKES,FRED,P. C/O ASHISH NEGI 17-19 MERRIMACK STREET 15 MERRIMACK STREET 22 GARDEN STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0023-0000.0 041.0-0034-0000.0 041.0-0036-0021.0 SHAGOURY,JOHN D. SPITA REALTY TRUST HART,BRIENNE,H. CIARDIELLO,YVONNE M. HAROLD J MC PHEE,TR 21 MERRIMACK STREET P 0 BOX 98 63 WATER STREET NORTH ANDOVER,MA 01845 WESTON,MA 02493 NORTH ANDOVER,MA 01845 041.0-0036-0023.0 041.0-0037-0000.0 041.0-0039-0000.0 CRONIN,CONSTANCE,L. COMEAU,ARTHUR&ANN RICHARDS,GUY 23 MERRIMACK STREET SUSAN FONTAINE CAROL A RICHARDS NORTH ANDOVER,MA 01845 53 WATER STREET 48 WATER STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0040-0000.0 041.0-0041-0000.0 041.0-0043-0000.0 KOLLEN NOMINEE TRUST SMEDILE,JAMES S COLE,DAVID VIRGINIA F KOLLEN,TR ROSEMARY SMEDILE NORWOOD-COLE,HEATHER 58 CHURCH STREET 65 GREENE STREET 73 WATER STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 041.0-0044-0000.0 041.0-0046-0049.0 041.0-0046-0051.0 PENDEXTER,SHERYL LE,ANGELINA PRAKASHA,TAVAREKERE K 64 CHURCH STREET PHAM,QUANG,K. 51 CHURCH STREET NORTH ANDOVER,MA 01845 49 CHURCH STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 042.0-0001-0001.0 042.0-0001-0002.0 042.0-0001-0003.0 SAMPSON,PHILLIP W MOLLOY,JOHN,J. CRONIN,KATHLEEN J JANICE R WILLIAMS MOLLOY,KUAN-YIN 88 ELM STREET U-3 88 ELM STREET U-1 68 ELM STREET U:2 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 042.0-0002-0000.0 042.0-0003-0000.0 042.0-0004-0032.A TRINITARIAN CONGREGATIONAL C JULIANO,NADINE HANAWALT,MAUREEN,A. OF NORTH ANDOVER FERACO,KARA 32 CHURCH STREET U:A 72 ELM STREET 42-44 CHURCH STREET NORTH ANDOVER,MA 01845 NORHT ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 042.0-0004-0032.13 042.0-0004-0034.0 042.0-0005-0000.0 STREM,KAREN,M. DORAN,RYAN RICHMOND,RICHARD H. 32 CHURCH STREET U:B DORAN,MICHELLE RICHMOND,JANE M. NORTH ANDOVER,MA 01845 34 CHURCH STREET 30 CHURCH STREET NORTH ANDOVER,MA 01845 NORTH ANDOVER,MA 01845 042.0-0009-0000.0 054.0-0001-0000.0 054.0-0002-0000.0 MORGAN,JOHN R. RCG WEST MILL NA LLC RCG WEST MILL NA LLC 23-25 GARDEN STREET 17 IVALOO STREET 17 IVALOO STREET NORTH ANDOVER,MA 01845 SOMERVILLE,MA 02143 SOMERVILLE,MA 02143 054.0-0003-0000.0 054.0-0004-0000.0 100 ELM STREET REALTY TRUST MESITI,RAYMOND C/O RCG 100 ELM LLC GLADYS P MESITI 17 IVALOO STREET SUITE 100 526 OSGOOD STREET SOMERVILLE,MA 02143 NORTH ANDOVER,MA 01845