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HomeMy WebLinkAboutMiscellaneous - 59 APPLETON STREET 4/30/2018 59APPLETON STREET 2101037.6-00340000-0 - ---------- I F R ieu CJ Dui, N: do � z a ro U1 rt GN U z '� cn CA t t „d MpRTI � 3j • •• 0 J i w +. n� 1SSAC NUS� V V• " D � TOWN OF NORTH ANDOVER MASSACHUSETTS ✓ OJ s s BOAR© OF APPEALS Adele & Daniel McConaghy 59 Appleton St . N . Andover , MA 01845 Date: July' 30 , 1986 Fi Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals . Kindly submit $ 4 . 40 for the following: Filing Fee $ Paid Postage $ 4 . 40 s Your check must be made payable to the Town of North Andover and may be sent to my attention at the Town Office Building, 120 Main g Street , North .Andover , Mass . 01845. Sincerely, BOARD OF APPEALS i Audrey W. Taylor, Clerk s i i i j legal Notice TOWN OF NORTH BOARD OF ANDOVER APPEALS N of SoRrh NOTICE atio July 21, 1986 I! o a o Notice is hereby that the Board of given i + v Will give a Appeals * Town Buildirhearing at the « d g. North �4SSACHus�ty the12d o;esday evening Of. at 7.30 o clocku to all1986, Daniel & Adele ties interested in thea Par- grieved of the Zonin McConaghy requesting PPeal the condition th g By Law S0 as to g Party Ag- into the sew at the existingPermit deletion of on thesewer line down Appleton dwelling on Lot Nl tie SF aO de Premises, local d at59St' from Dale of the Board �PPleton Publish erio, Jr. Chair Appeals North Andover 31, 1986, er Citizen,Jul Y 24&July k12 Legal Notice TOWN'OF NORTH ANDOVER BOARD OF APPEALS ` NOTICE f poaTH July 21,1986 Notice is hereby:;; ven that the Boird-of Appeals n will give a hearing at the' • 's r + Town Building, North An- dover, on Tuesday evening +. ' ..•' g the 12 day of August 1986, �SScHUSat 7:30 o'clock, to all par- ties interested in the appeal of Daniel &'Adele McConaghy requesting Party Ag- grieved of the Zoning By Law so as to permit deletion of the condition that the existing dwelling on Lot #1 tie into the sewer line down Appleton St. from Dale St. on the premises, located at 59 Appleton St. By Order of the Board of Appeals Frank Serio, Jr.,Chairman. } Publish'North Andover Citizen,July 24&July 31":1986. b a.• k12 Legal Note. TOWN OF NORTH ANDOVER I'\ BOARD OF APPEALS NOTICE f ,OPT" July 21,1986 3i°.•,'";•.�tio Notice is hereby given O _ "< that the Board of Appeals ID will give a hearing at the C + Town Building, North An- i .. M + � dover, on Tuesday evening • .,,,°.••` �� the 12 day of August 1986, �SSACt4IS� at 7:30 o'clock, to all par- , ties interested in the appeal of Daniel & Adele McConaghy requesting Party Ag- grieved,of the Zoning By Law so as to permit deletion of the condition that the existing dwelling.on Lot #1 tie into the sewer line down Appleton St. from Dale St, on the premises,located at 59 Appleton St. By Order of the Board of Appeals Frank Serio, Jr., Chairman. Publish North Andover Citizen, July 24&July, 31, 1986. . k12 . aORTy Zh: Area.7 ft• 1855 �,��'� CHt39 mss` TOWN OF NORTH ANDOVER y MASSACHUSETTS BOARD OF APPEALS NOTICE July . 21. . . . . . . .19. 86 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North.Andover,on.T u e.s d a . . . .e v e-n i n g . . . . . . the .1.2. . day of .A u g u s t. . . . . . . . . . . . . . 19. . .8 6 at.7 ,3&lock, to all parties interested in the appeal of Dan.i.e.1. .&. .Ade.1.e. .McC.on a.ghy. . . . . . . . . . . . . . . . . . requestingg*##W#kg$4'.Par.t y. . . . . . . . . .of the Zoning Aggrieved By Law so as to permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . de.l.et.i.on. .of. .the. . co.ndi.ti o.n . thdt. .tbe. .ex.i.sti ng dwelling on Lot #1 tie into the sewer line down " App'l,et"on , S't : from, Dale- -St.: on the premises, located at. . .5 9. .A p.p 1 e.t o n. S t... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Order of the Wrd of Prank Serio , Jr . , Chairman Publish in N . A . Citizen July 24 & July 31 , 1986 � i 1 .l ,i t� I. V, Z7aR.t5 .,.. . GLEMEI.tTIt.IE LA+ktBLQ`t �ZIDC'EL`C �. �-' B!RFAPtj ttE. R QWemvoL` m C, .UCa.'TO - �•�-BAtt-C�.R� NL. SMITH ASMtT1-t • - - VtilDEp-vac op P PLE 70" CS , S� AP P LET6" ST . 15B BALE S'j _ 158X>,&-LF- ST. C AppL-- E. TON STR- EET EsSF-x CouwTY LA-<ou'T-'-., N 5� 7- OZ E .d i 0 AtZ��.-- 33,4 00 ASA--25,400 �. rizr`? iLno0• �ui DECISION No. G4 _ w Apj DEED _ o ,• PRoPosE o Lo . I � 15 sl au,�.-re s E v t�k.l t 23 P.42� , �. � T Lim E. � _ Y �C, r of I cl N.Q.R. pL�a.0 Mo. 320� � s _ � r (\J T o N To -Be DtSCot t�'t�.it3E� _m � N Q LL) r f00 w (MAP 3l B_ Lo-r 34: ol �1,ltAP 3-i� Lo-r 33 J 1110.a ILJ �xd D�.TE 0 a PLAM o;= LA fac Is S9 0 , TH A Atict�av Utz- P�Au1u 1 u� BoA.Q:� :� �;-•--- � - .. . - . . . _ - _ �.- - � -� ,o . `- .- - - : . ! l ? ' ~O Town of 120 Mein Strelel l OI-I-IC,L-S OF: - l NORTH ANDOVER North APPEALS GALS ;�,., ,��=� MzaSSathushuSetts 01845BUILDING ' CONSERVATION se"°" DIVISION OF (61 7)G85-4775 HEALTH. 1'1_ANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR e e • o , o • Manch 20, 1987 Pa.ut ShaA.on, Town Manager ToW 066ice Buitding North Andovel, MA e ° Dean Si&: 0 As you have nequested, this tetteA senvez notice to aU paxties ° eonceAned that Mn. Davi i.e e McConaghy has connected his hou.6e .to the municipat .6ewer tine on Appte ton StAeet as requited by the Decision o6 the Zoning Boated o4 Appeab dated DecembeA, 1983. 1 az.6umed, inco"ectey .it appeau, that pnev,i.oud dizcwssions Aegcwding tW matta had settted the izzue. SinceAety yowls, Cha)itm H. Fosteh., Inspector o6 Buildings u Zoning En6oncement 066iceA OHF:qb cc: Zoning Boated,o{ Appeatz D-iAecton, DPCD VL0/11110 J jjoc a[ej LOAM-SAND LANDSCAPING FIREPLACE WOOD GRAVEL-FILL SNOW PLOWING BARKMULCH BOB SLOMBO P.O.BOX 184 ANDOVER,MASS. 01810 PHONE RES. (617) 475-4820 Daniel McConaghy 59 Appleton Street t North Andover , MA 01845 CUSTOMER ORDER NO. DATE SHIPPED OUR ORDER NO. SHIPPED VIA SALESMAN INVOICE DATE 6/2/85 Orb'A' 'CtiM1YaYiN1Dt r s+. OIICllMf1ON UN(r"KA AMOUNT Open street approximately 200 feet from inter- section of Dale. and Appleton Street-Dig 13 feet- hook up sewer . "stub out."-bring to property line of 95 Appleton Street $4980C .00 This does not cover. .blasting or pumping of hole h•� r, Bring clay pi- e ,,.f. iom cast iron pipe at 59 App Leto Street appoXimSit:ely 335, feet plus two clean outs '. and. ,make connection to.- stub-out on property line 1A iof`95 Appleton Street -at $12. 00 per foot. This F4 'includes .cut away driveaway and sod and seed of Y: disturbed area,,_ k j James D.Noble,Jr.Clerk John P.Thompson,Chairman Raymond J.Canty, 'PTOWN OF NORTH ANDOVER, MASS. `' , gO11TN •'' • ''� BOARD OF PUBLIC WORKS x � • f e � , WATER,SEWER,PARK,PLAYGROUND AND SCHOOL GROUNDS DEPARTMENT i'. "' .r i SUPERINTENDENT AND ENGINEER ; • .«:161.,. ;,b•••••��� JOSEPH J. BORGESI Js�cwtrit� TELEPHONE 687-7964 June 30, 1.986 Mr. Daniel Mcconaghy 59 Appleton Street North Andover, . Ma. 018.45 Dear Dan: 4 I have investigated the site to determine the difficulties that may be encountered in connecting # 59 Appleton Street to ,f_I the sewer main. It appears that making the connection will be a rather formidable task, which is far beyond the canlabilities of our department. We do not have the equipment necessary to make a connection at the depth required and also maintain the proper degree of safety for the personnel_ working down in the excavated area. As vou. know, the sewer main is seventeen feet deeps The water table is very high and the sandy gravel. soil extremely permeable : at the location where the tap must be made. At a minimum, the job ` would require a large backhoe high volume pumps and a trench box to. '`- hold back the walls of the excavation. The fact that a new water main, gas main, and surface drain have also been installed in Appleton Street may complicate the work considerably. Since you excavation is perpendicular_ to the new utilities in Appleton' Street, a trench box would probably not be able to be used. ' The next alternative is to dr_i.ve sheeting to restrain the trench walls , a process which may require a number of days to complete. The site and location of the excavation will require blocking the road and rerouting traffic while the wor_1k is beim done. If you need anymore information on assistance, please call . Very truly yours , ±, BOARD .0 AUBLI WORKS J, Wi. iam murciak Staff Engineer :' JiJH:l b �Y . .F'. d Toseph J. Harbagalle 1 Westward Cirele Porth Reading, Mass. ,01864 Mr. Daniel Me Conaghy 59 Appleton Street No. Andover, Mass. Dear Mr. Me Conaghy: In compliance with your request, on August 1, 19860 I conducted a dye test at 59 Appleton Street, North Andover, Mass. The dye test was conducted to determine whether your septic system is functioning properly or malfunctioning. The results of the test indicate that your septic system is is good working order and functioning normal. Joseph o� M lo, R.S'•. O Z o a O S 113S��,a t t 95 Appleton Street North Andover, Massachusetts 01845 June 24, 1986 Mr. Prank Serio, Chairman North Andover Board of Appeals 'Gown Hall North Mdover,, Massachusetts 01845 t Dear_ Mr. Serio: First of all, I would like to thank the members of the Board of Appeals for allowing Mr.. Daniel McConaghy to build the house which my wife and I purchased and enjoy immensely. Mr. McConaghy informs me that the members of your Board are concerned about his septic system. My wife and I have lived here going, on two years and let me inform you, and the members of the Board, that Mr. McConaghy's leaching field does not cause any problems whatsoever. I can assure the Board of Appeals that there is no punu'ent odor or wetness coming from his leaching field. Obviously, his system is functioning properly. ; It seems senseless to require Mr. McConaghy to tear up his lawn, perhaps ours to give him access to the town sewer l.inc,rippi.ng up the road which has just been newly resurfaced, when he is having absolutely no problem ,y with his present system. If I can be of any further assistance, please do not hesitate to call on me. Sincerely yours, William B. Kent, r. r I NORTM Of ,h0 I,I OL o a • ,SSACNU''tt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO : Board of Selectmen ; Charles A . Salisbury , Chairman FROM : Frank Serio , Jr . , Chairman Board of Appeals DATE : September 5 , 1986 SUBJECT : Adele & Daniel McConaghy , 59. Appleton St . Hearing of Public Officer T Zoning Board of Appeals held a Special Meeting on September 4 , 1986 and at that meeting a decision was made on the petition of Daniel McConaghy . Mr , McConaghy ' s, request to permit deletion of the condition that the existing dwelling on Lot #1 (Mr , McConaghy ' s lot ) tie into the sewer line at Appleton Street was DENIED . The majority of the Board felt that the petitioner should have applied 'for relief of this condition at an earlier date , not 30 months* after the original decision had been made . The original Notice of Decision dated 12/22/83 , was granted with the condition that both Lot # 1 and Lot #2 tie into *the sewer line down Appleton Street from Dale Street . The Board feels that there has been an unreasonable delay on the part of the applicant . Y { Alass. 294 NORTH EASTERN REPORTER 2d SERIES POTTER v. BOARD OF APPEALS OF MANSFIELD Alass. 587 v. 586 Cite as,Aiass.App.,291 N.E.2d 5S7 A tplication and -,vas ineffective and petition- z , 280 I\Iass. 451, 456, 183 N.E. 70, that facts 268 N.E.2d 350; Priestley v. Hastings $ er's failure to appeal to superior court . stated in the allegedly libelous publication Sons Publishing Co. of Lynn, Mass.,') 271 Kelton O. POTTER,trustee, within 20 days or to district court within + are not to be treated as allegations of fact N.E.2d 628; Twohig v. Boston Herald- V. 21 days from the original decision barred . by the plaintiff. The only fact these plain- Traveler Corp., Mass.,,' 291 N.E.2d 39S) BOARD OF APPEALS OF MANSFIELD. him from seeking relief by mandamus corn- q tiffs allege with respect to the article is stand on no different footing from such manding further action on petitioner's ap- that the defendant published it. They do earlier cases as Childs v. Erhard, 226 appF eals Court of AlasSachusctt�, Bristol plication. M.G.L.A. c. 40A §§ 4, 5A, 7A, not allege as fact ani, statements in the ar- Alass. 454, 115 N.E. 924, and Terrini v• 11, 12, 15, subds. 1-3; H 17-19, 21. ticle, including those that the majority rely New England Steamship Co., 244 I\Mass. Armed Tan. s, 1073. upon to establish privilege. Nothing in the 325, 138 N.E. 396. 2. Zoning 0-362 1 , Decided Feb. 7, 1973. declaration precludes a contention by the Town board of appeals has inherent plaintiffs that the participants at the board Even if facts stated in the allegedly ii- power to amend decision by adopting and the belous Pu-bl_i.cation we_re treated as of _. statement o- f- - further reasons for its health meeting dud not in fact make etioner sought � rit of mandamusfiling s defamatory statements reported, that the the plaintiffs' own allegations of facts, any (-ol uutanding further action by town board decision so long as no one entitled to no meeting never touched upon the Rokete- conditional privilege thus disclosed Was of appeals on application for special permit tice of the original decision is prejudiced 1 netz business, or that there was in fact no sufficiently rebutted by pleading that thefor construction of multiple dwelling com- by late filing of the amendment and so ' meeting of the board of health. Peck v. defendant acted with "actual malice", "ea- lc�. The Superior Court, Bristol County, lou as the amendment is within the scope Wakefield Item Co., supra. Since the press malice", or "malice in fact."' The 1litchell, issued writ of mandamus and g J of the original petition and does not plaintiffs have not alleged facts showing New York Times Co. case itself uses the the board appealed. The , FF phrase actual maliceto den pP hAppeals Courtchange result of the original decision. M. Ny conditional privilege, they are not required p " " to o the (;rant, ., held that where boards original § to allege facts sufficient to overcome the knowledge of falsity or reckless disregard J G.L.A. c. 40A §§ 13, 15, subd. 1; 19. j privilege. necessary to overcome the privilege. 376 decision denied petitioner's application and p f ! U.S. 254 279-280 84 S.Ct. 710, 11 L.Ed.2d did not suggest that board intended to hold 3 Zoning «434,436 Nothing in New York Times Co. v. Sul- further public hearing or keep proceedings 686. So do Tripoli v. Boston Herald- Town board of appeal's amendment of t livan or later cases has altered our estab_ open, boards subsequent amended decision ,S lished rules of pleading or proving privi- Traveler Corp., Priestley v. Hastings 8 to approve thea lication rovidin eti- original decision denying application for lege, or the facts which overcome privi- Sons Publishing Co. of Lynn, and Twohig tion PP er submitted aprevised plan complying special permit for construction of multiple F Ir }F t lege. The burden of proving facts to over- with Boston Herald-Traveler Corp., all satpra. with certain requirements constituted an dwelling complex so as to approve applica- x The plaintiff in a libel action should Uc q tion for permit on condition that applicant come a conditional privilege has always been impermissible reversal of original denial of P able to use the same phrase. To require 1 submit revised plan complyingwith certain i on the plaintiff. Brow v. Hathaway, l3 - application and was ineffective and peti- P � 1 s more particularity cannot in m opinion, requirements, which amendment was inef- Allen 239; Doane v. Grew, 220 Mass. 171, P y } P tsoner's failure to appeal to Superior Court q N.E. materially reduce "the inhibiting effect [on within 20 da s or to District Court within fective as an amendment because it im- 182, 107 I620; Bander v. Metropolitan y changed result of original deci- s Life Insurance Co., 313 Mass. 337, 344, 7 Public debate] of the expenses involved in 21 days from the original decision barred properly g r r. defending libel suits." Few plaintiffs in li- sion, could not stand on its own as an en- t 11 i\.E.2d 595. Cases after New York Times g P him from seeking relief by mandamus. Co. v. Sullivan holding that the defendant bel actions will be loathe to recite that the I tirely new decision where board had failed 1 ientitledire verdict %+,here the defendant published "with reckless disre- Writ of mandamus quashed, judgment to comply with notice and hearing require- s to directed reversed. menti. M.G.L.A. c. 40A §§ 4, 17, 18. plaintiff fails to carry that burden (Tripoli Bard of whether the facts were true or 1 v. Boston Herald-Traveler Corp., Mass.,° false." ---------4 I. Mandamus 0143(2) James T. Grady, Town Counsel, Bos- i 'z a. Alass.Adc.Sh. (1971) 461. Corp., 323 Alass. 56. 59, 80 N.E.2d 16; } ];ander r•. Aletropolitan Life Insurance Zoning 0436 ton, for defendant. ; b. Alass.Adv.Sh. (1071) 1265. Co., 313 Alass. 337, 343-344, 47 N.E.2d ' r C. Alass.Adx-.14h. (1973) 89• 595, Sweet v. Post Publishing Co., 27.5 Where there was nothing in town Howard J. Alperin, Boston (Edward I. Alass. 450, 452, 102 N.E. 660. board of appeal's original decision denying Modiste, Stoughton, with him), for plain- � a, I. The phrases are used interch.-Ingeably. special permit for construction of multiple tiff. Sec Hartmann v. Boston Herald-Traveler dwelling complex to suggest that board in- tended to hold further public hearing or to Before HALE, C. J., and KEVILLE and < t keep proceedings open in any other man- GRANT,JJ. ner, board's subsequent amendment to deci- sionapproving application providing peti- GRANT,Justice. tioner submitted revised plan complying 1' was an imper- This is an appeal by the board of appeals with certain requirements t j missible reversal of original denial of ap- of the town of I\'lansfield (hereinafter 1 ?. l NVI pfd 14411 N T5 588 11l:ass. 294 NORTH EASTERN REPORTER, 2d SERIES POTTER v. BOARD OF APPEALS OF MANSFIELD I`iass. 589 Cite.as,A1ntis.Atip.,21tt\.7:.2d 687 sometimes referred to simply as the board) ter board; that the recommendations of from a judgment of the Superior Court the planning boar i l,.d with the town clerk on November 17, decision. At some undisclosed point to +° I P 1 ' F time a copy of that plan was transmitted to [ I P p g d shall not be binding"n lo/-o.3 the planning Board. At a town meeting that a writ of mandamus issue command- othe board of appeals; that the board of 1,i ing further action by the board on the peti- appeals should either approve or dist,- }}�e petitioner did not appeal to the Su- held in February or March of 1971 the tioner's application under the provisions of prove an application within thirty days 1 Y Y town voted to change the zoning of the pe- )• of „rior Court within tweet y-o s or a titioner's land in such fashion as no longer §§ ]II D1, III B7, V F1 and V F2 of the the public hearing; and that "[i]f the a,,, 1)i,trict Court within tweet '-one days of g ' Mansfield zoning by-law as then in effect plication is disapproved, the reasons for )\'cml>cr 17, 1970, as permitted by G.L. c• to permit the use of that land for a multi- 1 for a special permit 1 for the construction disapproval shall be listed with appropriate }�),� ti 21, as amended through St.1969, c. pie dwelling complex.-, On May 13, 1971, of a multiple dwelling complex. G.L. c. recommendations for correction of deli- ;0A, the planning board wrote the board of ap- 213, § 1D, as amended. The case is before ciencies." peals advising it that the petitioner's re- us on the reported evidence (which con- December 1, 1970, which was prior vised plan met the technical requirements ° P The petitioner's application for a special t„ the expiration of either of the foregoing of the amended decision of the board of silts of various documents and oral sti ula- permit to construct a multiple dwellut g ' tions of counsel), the judge's order, and n ;,ppcal periods, the board took the action appeals and had been approved by the k complex of sixty-nine units and some forth p PP the writ (which was stayed pending ap- ,,•t out in Appendix B to this o inion and planning board, and calling the attention of of plan (which is not before us) were filed Which, for the sake of convenience, we the board of appeals to the fact that the i f peal): t ( decide the case on our own with the board of appeals on August 3, judgment (Iverson v. Building inspector of ,h;il1 sometimes refer to as the amended de- revised plan called for the construction of 1970. That board sent a co P Dedham, 354 Mass. 688, 689, 241 N.E.2d Py of the plan cision The ten numbered paragraphs of fifty-eight dwelling units rather than the f to the planning board, which, by its written tbat decision represent a summary of the sixty-nine units originally proposed. ) 817). report dated September 14, 1970, recom_ .°- At the time the petitioner filed the appli- mended that the board of appeals not ap- more. salient objections of the planning cation in question the provisions of §§ II prove the petitioner's plan. That report board as set out in that board's re ort of At somgc following point of time the peti- A, III D1 and III B7 of the by-law were stated five respects in which the planning _ September 14, 1970, to the board of a tioner requested the board of appeals to is- r { tj such that the board, in the exercise of its hoard considered that the plan failed to peals. The amended decision was rendered sue him a special permit in accordance # L could have p supply information re § Without prior compliance with any of the with the amended decision. By letter to � � J t € judgment, granted the petition- pP>' required U V F of the petitioner dated August 20, 1971, the e R { er a special permit for the construction of the by and identified eight respects in rcyuirements of notice or hearing then p g y 4 17 and 18. It board re lied that it had been advised b at�t + a multiple dwelling complex in accordance which it believed the plan should be modi- found in G.L. c. 40A, §§ p town counsel to the effect that its original � with the provisions of V F1 and V F2 fied or supplemented. The planning board docs not appear that the amended decision of ?November 3, 1970, was a final i §§ g hearing decision was made part of the record of the g de decision, that it had "lost of the by-law. Among the requirements of asked that its comments be incorporated in , § V F1 was one that an applicant file a any decision the board of appeals might held on September 15, 1970. We do not and appealable de properly prepared site plan which would make and that it be given an opportunity know who was notified of the amended de- all jurisdiction of the case" when it filed i to review an Chan cision or when (see fn. 3 this opinion), its original decision on November 17, 1970, 1 " 6I'4 R show, among other things, the topography Y changes which might be except by the filing of a copy of the deci- and that the "purported amendment" of s '1 `t made in the petitioner's plan. t t ��, of his land and proposed features of the P P i P P cion with the town clerk on January 25, December 1 1970 was of "no legal force types referred to in paragraphs 1 through or effect." The board suggested to the pe- t` ;• g On September 15 1970 the board of ap- 1971. titioner that he file a new application. 7 and 10 of Appendix B to this opinion. peals held a public hearing on the petition- l' Section V F1 contained further require- er's application which met all the rocedur- On January 25, 1971, the petitioner filed ments: that the board immediatel for- al re uirements of notice and hearing set with the board of appeals a revised plan of Instead, the petitioner filed the present ward a copy of such plan to the planning out in G.L. c. 40A §§ 4 17 and 18 as a multiple dwelling P omplex whichis Ue- petition for a writ of mandamus on No- r board of the town; that both boards con- then in effect. The planning board's re- fore us and which the petitioner claims vember 19 1971. The writ commanded the r 1 sider, among other things, all the features port was incorporated into the record of meets all the requirements the amended board "to determine if the revised plan of ji referred to in paragraphs 1 through 10 of the hearing, and opposition to the applica- Appendix B; that the planning board tion was recorded. On November 3, 1970, j f 1 1 November 3. Such filing was within the fourteen-day ately after such filing to parties in inter- should report its recommendations in writ- the board of appeals rendered the decision period specified by the sixth sentence of est, as designated in section seventeen, to ing to the board of appeals, with such re- which is set out in full in Appendix A to G.L. e. 40A, § 18, as amended by St. the planning board and to every person 9 # . PP 1970, c. 271, which provided as follows: present at the hearing n ho requests that R port to become part of the official record this opinion and under which no permit "The board shall cause to be made a de- notice be sent to him and states the of the public hearing to be held b the lat- z tailed record of its Proceedings showing address to which such notice is to be sent." t j Y was issued. A copy of that decision was i the vote of each member upon each quos- (See St.1971, c. lO1S.) «'e do not know I. See G.L. c. 40A, §§ 4 (as most recently board's decision was not rendered within tion or, if absent or failing to vote, indi- how many, if any, of the requirements n amended by St.1966, c. 199), 1.5(2) (as thirty days of the hearin with the town t c� inserted by St.1954, c. 368, § 22), 17 (as th § V Fl of the by-law) or within a sixtyred eating such fact, and setting forth clearly § 18 (other than filing the reason or reasons for its decisions, and clerk) were complied with. amended through St.1968, c. 336), and 18 days of the filing of the application (as re- of its other official actions, copies of all 4 The subsequent amendments to § 21 are (as amended through St-1970, c. 271). quired by G.L. e. 40A, § 18, as amended of which shall be filed within fourteen not Here material. See St-1970, c. 80; by St.1969, c. 870, § 1). days in the office of the town St.1972, c• 334• 2. Neither party has noticed and nothing 5A, 7A,11 and 12. 1 in this case turns on the fact that the clerk and shall be a public record, and no - fact of decisions shall be mailed immedi- 5. See G.L. c.40A, §§ o, 'r t 1 .i 590 ]Bass. 294 NORTH EASTERN REPORTER, 2d SERIES POTTER v. BOARD OF APPEALS OF MANSFIELD Mass. 591 Cite as,Dlass.App.,291 N.E.2d xS the petitioner contains the additional infor- [p]lanning [b]oard should be met" w >>;; N.E.2d 446; 7_artarian v. 1\'Iinkin, 357 the result of the original decision which is j ( mation required e the [U]oard's amended tended both as an expression of the boar V } decision of December 1 1970 as 1n d \l ,tiff. l4, 446 255 tartan 362. We can- of a type forbidden by Fish v. Building t , agreement with the recommendations of rn}t accept either conclusion. Inspector of Falmouth, 357 Mass. 774, 258 1 and > . oil the basis of such a deter" the tannin= N.E.2d 743.9 planning board and as the statement of 2 \Ve turn to the amended decision !'I urination, to issue a certificate either the board's "reasons" required by G.L. c (:\ppendix B). [3] (b). Having concluded that the granting or denying the requested permit."6 40A, § 18 (see fn. 3 this opinion second decision was ineffective as an s reaching the conclusion that "[r]elief may 12] A board of appeals has inherent amendment to the original decision, we � t [1] We are of opinion that the board's not be granted without substantial dem power to amend a decision by adopting and must also conclude that it cannot stand on u original decision of November 3, 1970, ment to the public filing a statement of further reasons for its own as an entirely new decision because must be construed as a final decision den p good' which was implc• o mented by the tandem authorization and its decision (Dion v. Board , its of of the board's failure further to comply l �t ing the petitioner's application for a special vote "to not rant" a \\`altham, 344 Mass. 547, 550, 552-553, 183 g permit. Placed as N.E.2d 479) so long as no one entitled to with the notice and hearing requirements Perm that the petitioner can derive no they are in this context, the words "voted of G.L. c. 40A, §§ 4, 17, and 18, following $ - assistance from the amended decision of 1; to disapprove the application until revised notice of the original decision is prejudiced the filing of the original decision. Plan- December 1, -1970, -and that the petitioner plans are - submitted--to the b) a late filing of the amendment (Shuman Hing Board of Peabody v. Board of Ap- is barred from seeking relief by mandamus [p]1anninl; - r# [b]oard and tannin �. Board of Aldermen of Newton,_Mass., - peals of Peabody, .358 Mass. 81, 83, 260 N. 1 because of his failure to pursue the exclu- [P] g [b]oard recom- 282 N.E.2d 653 a) and so long as the p - - sive remedy of judicial review accorded mendations and approval are obtained" are E.2d 738. him by the provisions of G.L. c. 40A, § 21, of significance only to the extent that they amendment is within the scope of the orig- reflect an effort by the board to comply as amended. final petition and does not change the result (c). Prescinding from the foregoing , of the original decision. Fish v. Building difficulties, paragraphs 3 and 4 of the with the requirement of § V Fhof the by. 1. The public hearing was held and law that "[i]f the application is disc _ - Inspector of Falmouth, 357 Mass. 774, 775, amended decision call for types of infor- s concluded on September 15, 1970, at which p 58 N.E.2d 743.8 The amendment in this mation which § V F1 of the by-law re- 2 proved, the reasons for disapproval shall , f ' time the board took the case under advise- be listed with appropriate recommendations case did "clarify" the original decision in quired be on the original plan and be con- the sense that the numbered paragraphs of sidered Uy both the planning board and the M 1 ment. There is nothing in the original de- for correction of deficiencies." ' cision (Appendix A to suggest the amendment specified the respects in board of appeals. The planning board's tr \ 1c{ v ggest that the board intended to hold a further public To say, as the petitioner almost sty which the board believed the petitioner's report of September 14, 1970, discloses that + > hearing or to keepthe suggests, proceedings open in that the language just quoted should be original plan was deficient in supplying the such information did not appear on the an other manner " read as an expression of information required by § V F1 of the by original plan. Paragraphs 3 and 4, as well S . Y in order to give the peti- p present intention tioner an opportunity to submit a plan to issue a permit subject to a limitation law and which the board was to consider as paragraphs 6 and 7, are peculiarly illus- § F which might or might not meet with the that the planning board approve a revised in deciding whether to grant the petition- trative of sensitive areas in which the by- er's application. However, the amended law required both boards to exercise Inde- approval of the planning board. The plan in the future, and without further pp board twice referred to its action as a "de- consideration by the board of appeals, t ion cannot be given its intended ef- pendent judgment. By hypothesis, how- t r `lF t l cision" and on three occasions employed a would lead us to either of two improper feet. ever, that judgment could not be brought decision conclusions: namely, that p (a Thvote "to approve the applica athe board of a e - to bear until such time as a revised plan i {r variation of the word "vote" in character- should be submitted. For this reason we izing the action which it said it took. The peals intended an impermissible delegation tion providing the applicant submits a re- it are forced to the conclusion that the filing of the decision with the town clerk of its authority to the planning board (see vised plan which complies with certain re- > $ >f yuirements and the promise that the board amended decision was an invalid commit- was inconsistent with a notion that the de- Coolidge v. Planning Board of North An- ment by the board of appeals to issue a 4 ( t cision was to have anything other than dover, 337 Mass. 648 151 N.E.2d 51) or will issue a certificate granting a special present effect as written, that the board of appeals intended to make permit in accordance with said permit on the basis of a plan or other evi- a decision "which partially commit[ted] it revised plan" are whollyinconsistent with deuce not yet before it. See Weld v. We construe the original decision as a to .the issuance of a permit" based on a the original "vote to not grant the Board of Appeals of Gloucester, 345 Mass. j present and unqualified denial of the peti- plan or on other evidence not before it. [p]ermit." We conclude that the amend- 376, 379, 187 N.E.2d 854. " i. .- tioner's application for a special permit. Weld v. Board of Appeals of Gloucester, The board's feeling that "in order to pre- 315 Mass. 376 379, 187 N.E.2d 854 856> meat the original be construed as a reversal of 3. Having failed to pursue the exdu- t � denial of the application (point sive statutory course of review provided in serve the purpose and intent of thef [by- Cf. Shoppers' World, Inc. v> Beacon Ter- 1 of this opinion) and thus as a change in G.L. c. 40A, § 21 (Lincoln v. Board of Ap- laNv], the recommendations of the race Realty, Inc., 353 Mass. 63, 68, 69-71, a. 1llass.Adv.Sh. (1972) 963, 966-967, 963- pellate tribunal in an appeal taken under 969, 971. c.40A, §§ 13 and 15(1). �1 6. We pass by the point that the writ leaves 7. That the language employed to express ' no room for the exercise of the board's(]is- the board's conclusion is that commonly cretion on the merits of the proposal tor- 8. \\'e reject the petitioner's argument that 9. Another substantial change appears in tretio on the revised plan. pr resolution mgpa led by afor avariance of appeals e(see deny. the board's power of amendment in this the respect that although the recommenda- of that point is not necessary to our di-s- case is derived from or supported by any- tions of the planning board were still to [ ' position of this case. `0A, § 15[3]) strengthens our conclu. thing found in the first sentence of G.L. be "met," the amended decision no longer sion that the board intended to deny the c. 40A, § 19. In our opinion that sen- required the planning board to approve application for a special permit in this tence is intended to apply to a case in the revised plan. case• which a board of appeals acts as an ap- f I 5 01 R t x. ow, POTTER v. BOARD OF APPEALS OF MANSFIELD Mass. 592 Mass. 294 NORTH EASTERN REPORTER 2d SERIES 593 a+ peals of Framingham, 346 Mass. 418, 420, en b mail cite rig,rlas�.App.,2:x i\.i�..2a.ass y , postage prepaid, to all persons APPENDIX B (6) Methods of sewage disposal and s 193 N.E.2d 590), with respect to the origi- deemed to be affected thereby, refuse and waste disposal are ade- } nal decision of the board, the petitioner as shok,tt r OF MANSFIELD 7_ONING quately shown on the plan. t " P on the most recent tax list and also notice ]t 1" r ' may not now seek relief by mandamus. was given b BOARD OF APPEALS (7) Proper access to the rear of the k t` Codman v. Assessors of Westwood, 309 l�Tew a newspaper lcation in the R4ansfield published and circulat- Mass. 433, 438, 35 N.E.Zd 262, and cases ed in said Mansfield, Massachusetts. An IN RE: Amendment to Fireside Realty buildings for fire and other emer- 3 Trust Decision Filed with the gency vehicles is shown on the plan. # $ cited. Cf. Brady v. Board of Appeals of attested true co @ py of said notice was intro_ Town Clerk November 17, 1970 t Westport, 348 Mass. 515, 517-522, 204 N. duced as Exhibit "A". Also introduced (8) Existing fire hydrants on Branch r } E.2d 513. were thefollowing: Application to the At a regular meeting held December 1, Street are properly located on the t The writ of mandamus is quashed, and Board as Exhibit "B"; Plans of the com• 1rti0, the Board of Appeals reviewed the plan. the judgment is reversed. Judgment is to plex as-Exhibit "C"; Planning Board rec_ 1)ecision of Fireside Realty Trust filed 9 The ]an contains a note or is ac- h -- --ommendations as Exhibit "D". Th'erc was ( ) K with the Town -Clerk on November 17, P a_ ' be entered dismissing the petition. companied by an agreement that all So ordered: opposition recorded. At the conclusion of 1970, and because of the fact that some of ; ` took the case under electrical services within the project the hearing the Board t tile wording of the decision did not clearly e set forth the whole intent of the Board and will conform to the specifications of + ` APPENDIX A advisement. the Mansfield Electric Light Depart- in order to clarify and modify said deci- + DECISION ment. d ision,acted to amend as follows: n TOWN OF MANSFIELD ZONING z BOARD OF APPEALS On the 3rd day of November, 1970, the (10) The building dimensions, shown on 4 x Board of Appeals, with all the aforenamed Delete the two (2) paragraphs immedi- the plan, conform with the floor - ' IN RE: Application of Fireside Realty members present, felt that in order to pre- ately following the word the plan dimensions. - A Trust and substitute the following: srr serve the purpose and intent of the Zoning By-Law, the recommendations of the Plan- T If a revised plan containing the above ' STATEMENT OF FACTS nin Board the 3rd day of November, 1970, the additional information, as determined by 4' g d should be meta Relief gray not Board of Appeals, with all the aforenamed the Board of Appeals, is submitted to the s "a The Board of Appeals for the Town of be granted without substantial detriment to in present, felt that in order to re- , P Board of Appeals, on or before February ,dt e i y " e Mansfield conducted a public hearing on the public good. Therefore: all members g 1, 1971, the Board of Appeals will issue a 4 present and voting, it was voted to disa serve the purpose and intent of the Zoning s„ the petition of Fireside Realty Trust of 254 Main Street Walpole, for the granting prove the application until revised plans 17)-I_a+v, certain recommendations of the certificate granting the petitioner a special is Planning Board should be met. There- permit authorizing the Construction of a � i of a Permit under Section V, Paragraph are submitted to the Planning Board and fore: all members resent and voting, it q "F" of the Zoning By-Law. The hearing Planning Board recommendations and ap- P g, multiple-dwelling complex in accordance t., : '' ' was voted to approve the application pro- i r proval are obtained. PP PP P with said revised plan, and authorizing the s was held on the 15th day of September, viding the applicant submits a revised plan building inspector to grant permits in ac- x f 1970, in the Town Hall, Mansfield, Massa- The Building Inspector is herebyautho- which complies with the following require p g q cordance with said certificate; but if no Y chusetts at 8:25 P.M. Present at the hear- rized to not grant a permit in accordance ments: such revised plan is submitted to the Board A ing were the following members: Nvith this decision, of Appeals on or before February 1, 1971, a 1 Entrances to driveways are clear] ' BOARD OF APPEALS OF THE O y the Board of Appeals will issue a certifi- s1 Harry S. Cook, Chairnion t = k TOWN OF MANSFIELD shown. cate denying the petitioner's application for s ,F r t { Thomas A. Malay, Clerk, Pro-tour a special permit. e e Antonino Ca oni roJr. 2 Parkin areas are adequately deline- a. P g J By: Harry S. Cook, Chairman O g 9 Y 3 1h b Fernand G. Bedard r Willard Roots, appointed as a voting Record of vote: ated. BOARD OF APPEALS OF THE TOWN OF MANSFIELD } member in the absence of Richard O. 1 vote to not grant the Permit as above (3) Landscape features including lawns, 1, Driscoll set forth planting areas, fences and walls are Harry S. Cook, Chairman The shown on the plan. Thomas A. Malay, Clerk ay petitioner filed his application on Harry S. Cook Chairman Fernand G. Bedard i` 4fr 1 the 3rd day of August, 1970, with the 4 Drainage for the parking lots is Antonino Caponigro, Jr, i i is Thomas A. Malay, Clerk, Pro-tem O g p g 5' ` Board of Appeals and requested a shown on the plan. Willard K. Roots Tfi q permit Willard K. Roots [[ r # to construct a 69 unit multiple dwelling Antonino Jr.aponi ro, I ± 1 complex on a parcel of land located on the g (5) The potential safety problem caused Filed with the Town Clerk, westerly side of Branch Street. The lot Fernand G. Bedard by the parking of vehicles along Mansfield, Massachusetts, on: January 4, 1971d t i li is eliminated. has a frontage of 648 feet with an area of Filed with the Town Clerk, Branch Street 166,460 square feet in an Agricultural Mansfield, Massachusetts on: Nov. 17, 294 N.E.2d-38 Zones Due notice of this hearing was giv- 1970 k r' r a i a F k t 9 POND LANE BUSBY CONSTRUCTION CO., INC. ATKINSON, N.H. 03811 (603) 362.4650 } . ill 12/27/84 Mr . Daniel McCona h 5 Y 59 Appleton Street North Andover , MA 01845 Dear Mr . McConaghy, Busby Construction was the general contractor responsible for installing the main sewer from Marbleridge Road up Dale Street through the intersection down Appleton Street to the back side of Bear Hi21 . My contract was to put stub outs on all properties abutting. the ,sewer-which I did. When you spoke t.o me . in the fall of 1984 the pipe and stubs to existing lots were already installed. The sewer is 27 feet deep in that section with the last 8 ' ledge and water . The cost will be prohibitive for you and I am not interested in doing this sewer stub . I suggest you try another contractor . Respectfully, J Philip A. . Busby / r . .. Of pORTH q OFFICE OF HIGHWAY SURVEYOR F .p 384 OSGOOD STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 �1ss�CHU WILLIAM A.CYR TELEPHONE 685-0950 Highway Surveyor iry August 1, 1986 Charles A. Salisbury, Chairman Board of Selectmen .120 Main St. North Andover, Ma. 01845 Dear Charlie: At the request of Dan McConaghy I am writing this note to confirm that a $500.00 check was posted with this department, with the intention of tying into the sewer on Appleton St. This was late in the fall of 1985, and the project was never undertaken, we consequently released his check. It would be a completely new ball game to undertake this project, at this time. The street had only the binder coat of hottop and was not finished, as it is presently. The performance for restoration associated with a St. Opening Permit, now would be much greater than the $500.00, which was adequate in 1985. Very truly yours, William A. Cyr Highway Surveyor WAC/m a, pORTPI BOARD . OF HEALTH o - � x�9 120 MAIN STREET SSAc►+usNORTH ANDOVER, MASS. 01845 TEL. 682-6400 July 1 1986 Dan NlcConaghy 59 Appleton Street No. Andover, I.1ass . 01845 On June 30 1986 I inspected your residence on Appleton St . . I noticed no evidence of Septic System Failure or overflow. VC Health Inspec 'r ` mg/gc , y 4 f TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF f BOARD OF SELECTMEN NORTH 9 O �SIED 6.�O TELEPHONE 882-8483 �o '"° �9ITSACHUS� TO: Frank Serio, Chairman, Zoning Board of Appeals FROM: Charles A. Salisbury, Chairman DATE: August 12, 1986 SUBJ: Hearing on Public Officer, Daniel McConaghy On August 11, 1986, the Board of Selectmen held an investigation into a complaint against assistant building inspector Daniel McConaghy con- cerning a variance for two lots on Appleton Street. Please know that the Selectmen voted to take the matter under advisement pending the outcome of a Zoning Board-of Appeals_hearing on the request of Mr. McConaghy to reverse the decision. The Selectmen would appreciate hearing from your office soon after the hearing on August 12th, as any other action will be taken up at the Selectmen's meeting on August 25, 1986. Thank you for your assistance. /ch . HOITM e O P ��,sACNUst��i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 29 , 1986 Board of Selectmen Town Building 120 Main Street N . Andover , MA 01845 Dear Board Members : The Board of Appeals has a matter which it wishes to bring to the attention of the Board for appropriate action . In December of 1983 , the Board granted a variance in the matter of Daniel & Adele McConaghy . Mr. McConaghy is the Assistant Building Inspector . T'he variance contained a condition as follows : C.f "That the existing dwelling on Lot 1 and the L proposed dwelling on Lot 2 tie into the sewer line down Appleton Street from Dale Street . " Mr . & Mrs . McConaghy did not appeal the decision of the Board . ( copy attached ) . A building permit was granted for the new dwelling which was con - structed and tied into the 'Appleton Street sewer . The dwelling on Lot 1 has not as yet tied into the sewer . This Board has questioned the lack of compliance without satisfaction . We respectfully request that appropriate . action be taken including legal action if necessary . It is of the utmost importance that the integrity of the Zoning ByLaw be maintained especially by an officer charged with its enforcement . Sincerely , ranSerio , Jr . , Chairman AEF/awt BOARD OF APPEALS cc : C . Foster , Building Inspector � �� moo_ Ao- J F i August 14, 1984 I r k. i . • r Mr . Charles Foster, Building Inspector -1; / qwn Office Building � ) 16rth Andover, Mass . 01845 HRe: Dan i e 1 and Adele McConaghy 59 Appleton Street E . Petition No. 77-'83 ar Charlie: has come to our attention that the existing dwelling on Lot 1 E: 59 Appleton Street has not been connected to the sewer line a was previously agreed to and conditioned in the variance �$ anted by the Board of Appeals to Mr. and Mrs . McConaghy. . uld you please investigate the matter to see if the connection s been made and report to the Board at their next meeting on , f nday, September 17, 1984. . H Thank you for your cooperation. Sincerely, J BOARD OF APPEALS e . i Frank Serio, Jr. , Chairman �. FS/jw r - i. y ��✓Notts h� >; •apo♦ -t:.�`° ►�,>to Any appeal shall be filed L.. `':�., r.. A►�LL7T+ .fit} %sq. i8as figs► within (20) days after the :< p SgcHu5�,4 date of filing of this Notice in the Office of the Town OWN OF NORTH ANDOVER Clerk, DEC 9 Z 1 P+i MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . Dec a m.b e r. .?2., . 1.9.8 3 Petition No . .7 7.-. 18.3 . . .... . . . . . . . . Date of Hearing December 12 , 198,3 Petition of . . . . . . . . . . . . .DAIN.I.EL. .AND .AO.EL.E .M.cCO.NAG.HY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . ..5.9. A p p.l.e t o n . S.t r e.e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . Z.O.n in g.-Dy. L a w Se.ctio.n . .79 . Par.agr.a.ph. .7..1 . a.nd. .T.ab.1.e. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so'as to permit . .re-Ti e.f. . f.r.om. .th.e . m.i.nimum. .ar.ea . .r.eq.ui neme.nts. .to. .aI-Tow. .the. di.vi s.i.on. .o.f. .on.e . l.ot. .i.nto. . tw.o . .l.ot.s , . .eac.h . h.avi.ng. .l.ess. . t.han. .th.e . r.equ.i.red area : . After a public hearing given on the above date, the Board of Appeals voted to . . . . Grant. the v a r i a n c e . . . . . . . . . . . . . . . . . . . . . . . . . xaxitixt xdbyx41,1tb 0tk6 Mhg>Blwaig xTX1WMtbY xtl kung xax 0MWtxtlhX—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . • Fotxth6 xomt=di=xofAka xbt(we)Mr*, based upon the following conditions: 1 . That the existing dwelling on Lot 1 and the proposed dwelling on Lot 2 tie into the sewer iine down 0`1 -on Street from Dale Street. Signed .F r a n k. .Se.r i o., . J.r. . .,. .0 h.a i r.ma n. . . . . . . . . Ri.cha.r.d. .J Tr• e.pan.i.er., . E.s.ga,,: . Cl.erk Wi.l.1 i.am. A . . .SuIAi v.an. . . . . . . . . . . . . . . . Au us.ti n.e . W... . Ki.ck g .e r. so.n. . . . . . . ... . . Wal ter ._F . . S.oul.e ,. Ass.oci.ate .Ilember Board of Appeals Any appeal shall be filed within�� � ����_. r; (20) days after the DEC 12 20 Pt! 0 ��Ss^CNUS t� date of.filing of this Notice in-the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS December, 22, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass . 01845 P Re: Daniel and Adele McConaghy 59 Appleton Street Petition No. 77- ' 83 Dear Mr. Long: The -Board of, Appeals held a December 12, 1983 u Public hearing on Monday McConaghy, The hearing the application of Daniel and Adele ng� Citizen y. g was advertised in the North Andover November 23 and December 1, were notified by regular mail , 1983 and all abutters present and voting-: . The following Frank Serio, Jr, g members were Trepanier, Esq. , Clerk; Chairman; • Nickerson; William J. Richard J. and Walter F. Sullivan; Augustine W. Soule, Associate Member. Thepe-titioners seek Section 7 a variance from the provisions of , Paragraph 7. 1 and Table 2 of the Zoning B y Law so as to permit relief from the to allow the division of one lot minto utwo rlots, eaea ch having less than the required area ton Street. on premises located eath.59aA pl Apple- The Petitioners testified through counsel that represents a re-petition before the Board ofthis request Public hearing held on May 9, e t Appeals . similar request to subdivide their property, At a the petitioners made a by--the Board of Appeals on June 6 P tS which was denied public hearing held on October 3 1983' e McCo uentl quested and received 1983, the McCona h y� at a Planning Board to re- the consent of the North Andovere slant to B Petition the Board of Appeals, .G.L. Chapter 40-A, Section 16 and heNorthr- Andover Zoning By Law, Section 10, Paragraph 10.8. y t 1 Daniel and Adele McConaghy 59 Appleton Street Petition No . 77- ' 83 Page2 DECD 12 10 PD '83 . Testimony on December 12 , 1983 revealed that since the applicants were not represented by counsel on May 9 , 1983 , their presentation may not have been adequate . Also., the McConaghy ' s purchased. two lots in 1969 with the intent of selling and/or building on Lot 2 . The rezoning of . the property in 1972 by the town rendered Lot 2 unbuildable , but the applicants have continued to be taxed for two lots . Said rezoning has caused a financial hardship to the petitioners . In addition, a sewer line has been constructed in front of the property . This sewer was not available in May and this signi - ficantly changes the circumstances regarding the applicants ' s property. With the sewer available , the need for large lots to accommodate septic systems no longer exists . Several neighbors spoke in favor of the petition and no objections were heard . Upon a motion made by Mr . Trepanier and seconded by Mr . Nickerson , the Board voted unanimously to reconsider the matter on the grounds that there has been a material change ( ie . , the installation of sewer) . A motion -was made by Mr.- Sullivan a.nd seconded by Mr . Trepanier to grant the variance with the condition that the existing dwelling on ..Lot 1 and the proposed dwelling on Lot 2 tie into the sewer - line down Appleton Street from Dale Street . The motion ,passed unanimously . In .granting the variance , the Board finds that both Section 10 . 4 and 10. 8 of the Zoning By Law have been satisfied . In particular , the Board finds- that owing to circumstances relating to the land , a literal enforcement of the provisions of the By Law would involve a hardship to the petitioners , since the property was purchased as two lots and has continued to be taxed as two lots by the town and that - desirable relief may be granted without nullifying or sub- stantially derogating from the intent . and purpose of the Zoning By Law . : The . Board also finds that the addition of the 'sewer line constitutes a material change in the conditions upon which the previous unfavorable action was based . Sincerely , BOARD OF APPEALS Frank Serio , Jr .• , Chairman jw ( Plan to follow ) Z CCN n �1 CRTM f_r" N �.' V n , f 1 ;>' D .e .o do F�ORTi. '., « SEP 52 r , TOWN OF NORTH ANDOVERr" MASSACHUSETTS BOARD OF APPEALS September 4 , 1986 Petition #5 -87 Adele & Daniel McConaghy 59 Appleton Street Mr . Daniel Long , Town Clerk Town Office Building North Andover, MA 01845 Dear Mr . Long : The Board of Appeals held a public hearing on August 12 , 1986 upon the application of Adele & Daniel McConaghy as the Party Aggrieved for review of a decision made by the Board of Appeals so as to permit deletion of the condition that the existing dwelling on Lot 1 tie into the sewer line down Appleton St . from Dale St . per Notice of Decision dated December. , 1983 . The following members were present and voting : Frank Serio , Jr . , . Chairman , Alfred Frizelle , Vice -chairman , William Sullivan , Raymond Vivenzio and Anna O ' Connor . The hearing was advertised in the North Andover Citizen on July 24 and July 31 , 1986 and all abutters were notified by regular mail. . Motion made to grant this petition by Mr . Raymond Vivenzio and •second - ed' by Anna O ' Connor - Vote in favor , 2 and- vote against , 3 The petition was DENIED . The majority of the Board felt that this petition should have been applied for at an earlier date , not 30 months after the original decision had been made . The original Notice of, Decision , dated December 22 ,1983 was granted with the condition both Lot 1 and Lot 2 tie into the sewer line down Appleton St , from Dale St . and this has not been done . The Board feels that there has been an un- reasonable delay on the applicant ' s part , Sincerely , BOARD OF APPEALS • Frank Serio , Jr� , C h airman /awt ortrh 2 � e, DAtVIF�IY�t1 o�•N .. �ti ' ����� � ��� `1� HOOR 'r f� ' ��4'jll'X11 AMIl7T+�i.� R ��� ���`•� � ® 9•�..� ,� Jr P SEP !•ssq g��r �'�r -;��;;,,`' 52 >, criu_ �, �H f +' `ti `o ce TOWN OF NORTH ANDOVER a`r tire MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Adele & Daniel McConaghy s 59 Appleton St.: Date . . . . . September. 5 .1.98.6 N . Andover, MA .01845 Petition No.. . . . . .5:-.8 7. . . . . . . . . . . Date of Hearing. . .Au. . .g u s.t . 12 ,. .1.986 Petition of . . . . . . .A.de I.e. . &. .D a.n i e.1. .M.c.C o.n a g.h y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . 5.9 .A.p p I.e.t o.n S.t . ... . . . . Referring to the above petition for a Xi&bUYt X&HtM MgMIJ&JUSfl(tU . . P.a r. ty .A.g g r.i.a v.e d.,. .f o-r. . r.e.v i.ew. .o f: .a . de c.i.s i o.n . m.a d e. .b y. .t hie . B.o a r.d . o.f. . Ap pe a 1 s so as to permit .d e.l e t i.o n. of. the. c o.n d i.t i o.n . t.h a t. .t h.e.:e.x i s.t i n.g . d.w a 1.1.i n.g . o.n Lot 1 t•i•e. .i.nto . t•he. •sew.er..l-i n.e . d•own. .Ap.ple.ton. .St.. . .f.r.om .Da.le. .St... .pe.r. . N.ot.i.ce of Decision dated December , 1983 . After a public hearing given on the above date, the Board of Appeals voted to . . . D.E N.Y. . . . the P.a r ty . A_g g r.i.a v.e d . . . . . . : ad i4 Y X bbftd0 txd(BXiii"1 Ajiwth]K Xd(X"d(t Noftfxtox. . .Mo.ti o.n . made. .to. .gr.ant. .by. .Ra.ymo.nd. -Vi.v.en.zio. -and. .se.con.de.d .by. .Anna O ' connor - Vote In' favor 2 Against - 3 Petition DENIED Si ned Frank Serif , Jr . Chairman g �f/ ,f Alfred hrizellVice -chairR a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m William Sullivan \.y . . . . . . . Raymond Vivenzio . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . Anna O ' Connor . . . . . . . ... . . . . . . . . . . . . . . . . . . :. . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals n TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF 1111CCC BOARD OF SELECTMEN ,AORTH 9 0 TELEPHONE 682-6483 *'19 pDR1iF D,PP��h x SSACHus� September 10, 1986 Daniel McConaghy Assistant Building Inspector Town Hall 120 Main Street North Andover, MA 01845 Dear Mr. McConaghy: We have been advised that your appeal to the Zoning Board of Appeals on a variance granted for two lots on Appleton Street on December 22, 1983, was denied at an Appeals meeting held on Sep- tember 4, 1986. Please advise as to what steps you intend to take, noting that the Board may take further disciplinary action under MGL c.31,s.41, should you fail to bring lot #1 into compliance. We expect to hear from you or your attorney in a timely fashion. Thank you. Sincerely, (� BOARD OF SELECTMEN C� - Charles A. Salisbury Chairman CS:ch cc: Atty. Hyde Dena Rosenkrantz Zoning Board of Appeals 126 1,ny a;-,pE�al snail be filled within (20) days after the date of filing of this Notice 'c .Y in the Uffice of the Town DEC / } ,, f13T01'4i NA qOF NORTH ANDOVER Cierk 11.L (. f `f! �,{i uJ 1��ASSAI:f"J f.l 7E 1 1 DC M,D (.)F �'Wi-:-*ALS NOTICI-, OF DF.CiSION nate . . . . . . . .rJe.cern,ber. 83 Petition No.. . . 7.'. . 83. . . . . . . . . . . . . . . Date of 1-Tearing D.e c epi b e r 1.2 , 1 9 8 3 Petition of . . . . . . . . . . . . .D AN 1.E L. A'�J.D . Ap.EE.E . i'1.c G O.N A G}i Y. . . . . . . . . . . . . .•. . . . . . . . . . . . . . . . . Premises affected . . . . . . 5,9. A.pp,l,etp.n . Stre.et. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the require-inent.s of the . . Zo.n i.n g. B..y.. .L a w Se.cti:o.n . .7 , . Pa rag ra.ph. .7..1 . an.d. Tab.l.e. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .re.l.i e.f .. fr.om. .the .m.i.nimum. area . .req.ui r.erne.nts. .to. .a l.l.ow. .the di.vis.ion. of. .one. . l.ot. .i.nto. two . Jots. each . havi.ng .Less . than. Ah.e . req ui.red area . ' After a public hearing given on the above date, the Board of Appeals voted to . . . . .G r a n t. the variance xa;�rJ>1;�xct��x�4zXici;,�tt>�k�cx>BtJdi?i;g xTgt� 36r,>o r,' srzgx j3&Iyni V tlyc. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . fmtxtha ro:nstrtsdJoaxofAM xhol%Mvorl-, based npoaz ,lie foi-]o.,` ing con,,31,ions: 1 . That the existing dwelling .on Lot 1 and the proposed dwelling on Lot 2 tie into the sewer line dot.in ,�ppleton Street from Dale Street . This is to om*IM twenty(?A)days haw okpMd do of di di'mn god Signed Wllbout�«f� Frank. Serio , J.r . ,. Chairman. . . . . . DenfMt� '. TownCNrlt_ - Picha.r.d. J . . .Tr.�e.pani.er , . Fsq ,., . C.l.e1^k ' w 1 1 i am. J . . .S.u1.1.i van . . . . . A u g u s t i n e . '14 Pl.i c k.e r. s o.n ':'T w l!a1 ter . F . . Soule , A s s o c i ate ;lember ` • ¢ . ''; Ro:z;d of Art eats A �iKv r p �o Any appeal shall be filed Y. v✓ithin ,20) days after the date of filing of this Notice ._� �� � + .,t x,ijy� in the Office of the To:;,n �; j Cies k. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF Al December 22 ,1983 -Mr . Daniel Long, Town Clerk Town Office Building , North Andover , Mass . 01845 \\y Re: Daniel and Adele McConaghy 59 Appleton Street Petition No. 77- ' 83 r Dear Mr . Long: The Board of Appeals held a public 'nearing on Monday evening, December 12, 1983 upon the application of Daniel and Adele McConaghy. The hearing was advertised in the North Andover Citizen on November 23 and December 1 , 1983 and all abutters. were notified by regular mail . The following members were present and voting: Frank Serio, Jr . , Chairman; Richard J. Trepanier , Esq. , Clerk; William J. Sul.l.iv:-�n; Augustine 1a. Nickerson; and 19alter F. Soule, Associate Member. r The petitioners seek a variance from the provisions of .Section 7, Paragraph 7 . 1 and Table 2 of the Zoning By Law so as to hermit relief from 0;'e il] ni.-T[um area rtequire'ntr'nts to allow the division of one Tot i.m_o tWo 10ts, n%a( l li�iVi ?Ig less than the required area, on premises located at 59 Apple- ' ton Street. The petitioners testified Through counsel that this request represents a re--petition before 4111e 3oard of Appeals . At a public hearing held on f-lay 9 , 1933 , the pet-itioners raacle a similar request to subdivide 'their property, Cenied by the Board of Appeals on June 6, 1983 .. Subsequently, at a public hearing held on October 3, 1983 , the McConaghy' s re- quested and received the consent of the North Andover Planning Board to re-petition the Board of Appceals , pier. -- u suant to M.G.L. Chapter 40•-A, S,-ction 16 and the l4ort:h Andover Zoning By Law, Section 10, Parag.rapiz 10 .8 . ' Daniel and Adele McConaghy 59 Appleton Street Petition No . 77- ' 83 , y, j Page 2 _,IC �? I� l"1 ,.! st��3 I i 1 Testimony on December 12 , 1983 revealed that since the applicants were not represented by counsel on May 9 , 1983 , their presentation may not have been adequate . Also , the McConaghy ' s purchased two lots in 1969 with the intent of selling and/or building on Lot 2 . The rezoning of the property in 1972 by the town rendered. Lot 2 } unbuildable , but the applicants have continued to be taxed for two lots Said rezoning has caused a financial hardship to the petitioners . In addition , a sewer line has been constructed in front of the property . This sewer was not available in May and this signi - ficantly changes the circumstances regarding the applicants ' s property . With the sewer available , the need for large lots to accommodate septic systems no longer exists . Several neighbors spoke in favor of the petition and no objections were heard . Upon a motion made by 111r . Trepanier and seconded by !4r . Nickerson , the Board voted unanimously to reconsider the matter on the grounds that there has .been a material change -( ie . , the installation of sewer) . A motion was made by Mr . Sullivan and seconded by ter . Trepanier. to grant the variance with the condition that the existing dwelling on Lot 1 and the proposed dwelling on Lot 2 tie into the sewer line. down Appleton Street from Dale Street . The motion passed unanimously . 4 . In granting the variance , the Board finds that both Section 10 . 4 and 10 . 8 of the Zoning . By Law have been satisfied . In particular , the Board finds that owing to circumstances relating to the land , a literal enforcement of tine ;provisions of the By Law would involve a hardship to the petitioners , sincethe property was purchased as two lots and has continued to be taxed as two lots by the town and that desirable relief may be granted without nullifying or sub- st.antially derogating from the intent and purpose of the Zoning By Law . The Board also finds that the addition of the sc:;er line constitutes a material change in the conditions upon which the previous unfavorable action was based . Sincerely , BOARD OF APPEALS ,� jY �`^/.�.� .lam • C<�) Frank Serio , Jr . , ' » � C h a i man r ii j ( Plan to follow ) present home at 49 Appleton St. conditions ananr aLlY1116 But zoning Board of Appeals member by us, objected Trepanier to his fellow Richard Trepanier thinks the McConaghy's board members at Monday night's meeting. may be violating the terms of their agreement Building Inspector Charles Foster, who . `27 with the town because they have not yet in- pas at the eeting,resent.septic system Board of Health aid that McConaghy's stalled a hook-up to their own home and the new house under construction into the AP- requirements. bin to come pleton St..sewer line. ` 1 think he(McConaghy)is going At present,the McConaghy's own house is in to talk to you about it, Foster said. McConaghy is the town's assistant building served by a septic system. The McConaghy's were gr anted the per- inspector and works under Foster. ouse since the "The point is that the variance was,issued mission to build a second h board was convinced h'he When the suffered the sewer.a under that condition,"uld note have Trepanier vot d for it legitimate financial hardship. in the mid-sixties, without that condition." pie bought the property tire on the pro- The board is waiting to hear from Mc- they assumed they could receeds from the sale of a second house on their Conaghy before taking any action. ' land. - - North Andover Citizen, Thursday, September 20, 1984 /A17 State Representative Governor's Councillor North Andover's Joseph N. Hermann won North Andover's John Markey won easily 2,967 votes of confidence in his uncontested back his seat as a governor's councillor. He contest for primary nomination. He'll face won 2,744 votes in North Andover to his op- Republican Geoffrey F.ulgione, who polled ponent, J. Leo McCarthy's 434. In the 1,088 in North Andover. Fulgione is from district Markey won with 54,304 to 27,135. Lawrence. Appleton St. house cited on sewer accord Daniel and Adele McConaghy were given The town's zoning by-law that took effect ' special permission last year to build a second in 1977 made their two lots one large lot. ­1;­­t t to their <,%I/- t.:.,, n .ror'-A \mrlrr rertain NORTH L w f 9 • SA US TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO : Board of Selectmen ; Charles A . Salisbury , Chairman FROM : Frank Serio , Jr . , Chairman Board of Appeals DATE : September 5 , 1986 SUBJECT : Adele & Daniel McConaghy , 59. Appleton St . 14 Hearing of Public Officer T Zoning Board of Appeals held a Special Meeting on September ,4 , 1986 and at that meeting a decision was made on the petition of Daniel McConaghy . Mr . McConaghy ' s, request - to permit deletion of the condition that the existing dwelling on Lot #l (Mr . McConaghy ' s lot ) tie into the sewer line at Appleton Street was DENIED . The . majority of the Board felt that the petitioner should have applied for relief of this condition at an earlier date , not 30 months after , the original decision h.ad been made . The original Notice of Decision dated 12/22/83 , was granted with the condition that both Lot #1 and Lot #2 tie into the sewer line down Appleton Street from Dale Street . The Board feels that there has been an unreasonable delay on the part of the applicant . y I NORTH 0#t«to L�,tiO ,SSACHUstt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO : Board of Selectmen , Charles A . Salisbury , Chairman FRO : Board of Appeals , Frank Serio , Jr . , Chairman DATE : September 5 , 1986 SUBJECT : Adele & Daniel McConaghy , 59 ,Appleton St . Hearing on Public Officer The Zoning Board of Appeals held a Special Meeting on September 4 , 1986 and at that meeting a decision was made on the petition' of Daniel McConaghy. T-h4-s- 44-E-4-saa-u on a r ��,. a-�i-o--a�al_s e c c�-n d..a h„ M .�� a e cff-i o n`, -b-at- -- h n . The majo ty of the Board felt that the petitioner should have applied at an earlier date , not 30 months after the original decision had been made . The ori_g.i_n,,al----Not.-i-ce--.,of Dec.i s.i on. dated 12/22/83 , was granted with the condition that both Lot 1 and Lot 2 tie into the sewer line down �Appleton St . from Dale St . ;. The Boardfeels that there has been an unreasonable delay on the applicant ' s part . rvzL�� L �v _ -- --- -- -- , - -- - - - - - -- 17- - - -- --- - -- - -- - - t f NORTH OT. No .1ti0 A # i # ,SSACMUst TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS TO : Charles' A . Salisbury , Chairman FROM: Frank Serio , Jr . , Chairman , Zoning Board of Appeals DATE : August 20 , 1986 SUBJECT : Hearing on Public Officer , Daniel McConaghy In reply to your letter of August 12 , 1986 , the Zoning Board of Appeals held their regular meeting on that date. and heard the petition submitted by Daniel McConaghy . This matter was taken under advisement and a decision will be made at a Special Meeting on September 4 , 1986 . We will notify the Selectmen immediately after the meeting of our decision . /awt stY . Received by, Tvw%► Clerk: L UP JUL 54 i TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant.Adele &Daniel McConaghy Address 59 Appleton Street 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section Paragraph of the Zoning By Laws . ? . (CJAs a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. Board of Appeals . 2. a ) Premises affected are landx and building(s ) numbered 59 Appleton Street _ Street . b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West ( ) side of Street , and known as No. Street . c) Premises affected are in Zoning District and the premises affected have an area of square feet and frontage of feet . 3. Ownership a) Name and address of owner (if joint ownership, give all names ) : Adele & Daniel McConaghy Date of Purchase February 69 previous Owner William Broughton b) If applicant is not owner , check his/her interest in the premises: Prospective Purchaser Lesee Other (explain) a Size of proposed building: front; feet deep; P Height stories; feet . 3 a) Approximate date of erection: � - b) Occupancy or use of each floor: c ) Type of construction: _ Wood 5. Size of existing building: ___feet front; feet deep; Height stories; Yfeet . a) Approximate date of erection: S� » i. b) Occupancy or use of each floor: Residential c ) Type of construction: Wood 6. Has there been a previous appeal , under zoning, on these premises? Yes If so, when? December 1983 J` The Petitioners respectfully request the deletion of the condition that the existing dwelling on Lot 1 tie into the sewer line down Appleton Street from Dale Street (please see Notice of Decision dated December 22 , 1983 ) `r REGE1`d�G � DANIEL L0'4G � 7. Description of relief sought on this petitionfr�d^ g amendment which states that Lot #1 tie into the sewer 1i� - 1... 91 Ot .�u ORR r zg:' 8. Deed recorded in the Registry of Deeds in Book ,/7 7 ,? Page Land Court Certificate No. Book Page ' The principal points upon which I base my application areas follows: #` (must be stated in detail ) Existing septic system functions properly : that the cost to tie into the sewer line is unreasonably expensive and the Joilt- -and-tti-at to do so would not result in any improvement and , ere ore , U-is condition is unnecessary. I agree to pay the filing fee, advertising in newspaper, and incidental expenses* C7 t1h V .• i.,� S ' n re of Petitioner s r Every application for action by the Board shall be made on alform approved by the Board. These forms shall be furnished by the Clerk upon request. . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall , be furnished by the applicant in the. manner therein prescribed. Every application shall be submitted with a .list of "Parties In Interest which list shall include the petitioner, abutters , owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300 ' ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. ;� . ,..;• *Every application shall be submitted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be ,responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily: . limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board' s requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. : LIST OF PARTIES IN INTEREST _ . Name Address Paul & Virginia E Dyer 41 Appleton °- v Clementine Lambert & Barbara Mary Smith m 58 Appleton u dean E .. Stannard 97 Appleton -"-Salvatore & Doris Licciardello 113 Appleton ^ Atf-rm`d-"E:`"o 131 Appleton --V34-1.4--a-m---3--&—M-a ry—ffcBn-r� -d 106 Appleton f ✓Robert B. . & Eleanor M. Ha _ 100 Appleton B. &`F� R. Underwood 153 Dale Street -'-R. Ashton & Gwendolen Smith 158 Dale Street end ze 141 Dale Street vl�New England Power Company Y --� 7 .2- �. (use additional sheets if necessary) . -R 3:'_^ 'tC> I . � L?a2tas L. , Gt_E►,(E"TI&4E 6, L. As&ATO" £d SM cFa.hll.11E C�wEliooLYKC. 8czu css.T"o �-BAR.L�.R.e,Ni. 'T Ht Ru lam!D E R.WOO p I�PPI_ETot i ST , APPLE-fin" ST , 15 ST. 7 C APPL. 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E ET C, SSEX COuwTY LAYOUT Steal So` WIDEEE N 7- OZ E Z95_ t9 .se. too.00' Vim_ O 3 A -- 3 ,4o o m A R SA 28,400 p a a. �. rZ Ful NORTH AM DOVER BOARD OFP IIJ DECISID(J NO. 1 REFEaEucEs - i p , �?ROPO� D d r:A-V UPLES DEED mak.4 i 23 P,42� o j F LOT U mE. Ext ST'G LoT Llmr= Z d � To BE DISCOMTIUUED _m � to ) l� a w Iu (MAP 3-18~ Lo-r 34) cO, CMAP 3�g-- L 0 T 33 J - hj s d �- ._---- s SCD 4t. � PLAKI 0;: LAMID z p'P Ki 14 s o (ORT Atqoi>VEgZl M, LETO l_ a ytl h: 0 4 � _ - _PREPARED CL F-OAF-LiTI&ie LA►'$mv--v � Cr t. d.S"TO LS £� $Q FA.t11.1!S r-L Q W EN4 ooLYt4 CBARC�..R,e. (�/�, SMtTK SMITH % APPLE To" ST Sz APPLETON S'r , VtiiDER.WOOp 15B BALE S-T _ 151 IILE ST. APPL. E.-row Esc ,Ex- COL-rwTY- LA,<ouT— TD�t - - o7 = 0Z" loo.op' - - - ` 3 30 J• � d , • � E-c.s g. AtZF.A-- 33,400 �• ; - ARSA -29,400 . rz,ft9 NrNMORT" A+J DOVER b0AW OFA LIJ �ECIS I D fJ No. i qQ t4' - l.L - �EFER.�I.10E5 •.� it A t' • Tom' PROPOsFD LOT LINE_• SlaWATut�S DEED • �k..t(23- Q 420 sF� j 4 IF-N.O.R. QL0.M Mo. 320 G _ ` SY t j h .N i O ~ cwe,cFta 6xtsT'G LOT Lime o _ �T'� 8E �DlSC01.t�'t�.tuED r_;n N -' r° � o u A3- 3� DoT 33(kA' 3Z$` LoY s4.) lu0. J 141, co r ' d DATV E • - '�2 n PLAN AMD SCD �Z AFPLE7-oma s-,�- y .� to WOPwT,4 'AND01/ER, MO,.- R p�►iaEt� F0 �I�tDC�VER.,�L:p,4a�.tttil�•���+.Q..v r �.- - 7 a. . ,., . . .:� _.. __ _ �- J 4 _ ,.r _, -ten Co Maq 7 : Jo i l t a � �� , � � Legal Notice 'TOWN OP NORTH ANDOVER BOARD OF APPEALS NOTICE Of NORTH 41 6 • � p -_.. •off. '`�. # -,;i3_. �SSACHUS� November 14,19M Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday evening 'the 12th . day of December, 1983, at 7:30 o'clock to all parties interested in the appeal of DANIEL AND ADELE McCONAGHY requesting a variation of Sec.7,Par.7.1& Table 2 of the Zoning By Law so as to permit relief from the.,area• . requirements of the Zoning By .. Law so as to create a buildable lot having less than the required.- ` area on the premises,located at ,. the South and West side of;Ap-;. pleton Street. By Order of the Board,of Ap- peals. -.. _ Frank Serio,Jr. Chaimran Publish N.A.Citizen: November 23 and December -1-, 1983 811-472 I ♦�pE�. •q,10 r !O. APRILM is tsss ACHUg { TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE No.vem.b.e r. .14. . . .19.83 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. . - M.o n d-a y e v e n-i n(j . . . . . the 1.2 t h day of . . .D e.c a m.b.a r. . . . . . . . . 19.8 3 , at. . . .o'clock, to all parties interested in the appeal of -DANI EL -AND Ai1ELE. .,".1c.CON.AGH.Y . . . . . ... . . . . . . . TA requesting a variation of Sec.. .7,. .Pa r... . 7...1 . of the Z Hing . By Law so as to permit. . .re.1 i e.f .. from. .t he. .are a. re . .qui.rem.ent.s . o.f. t.he. .Zon.i.ng. .3y. .L.aw. .so as to cre.ate .a. .bui.lda.ble. .lo.t . havin.g _ l.ess than . .the - required area... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises, located at. .t h e. .S o.0 t h. .a n.d .14e.s.t. s,i d e o f Appleton Street k-now-n - as. .59 .Ap.ple.ton. .St.. By Order of the Board of Appeals By: Frank Serio , Jr . , Chairman Publish : Citizen : 11/23 and 12/1 Send bill to: Daniel McConaghy 59 Appleton St . N No . Andover , Mass. � [pj:ANbMlll; L o 9 fr� . S� TE DD � -D--- AAA O� Dei eo,r 00,v--�>:r-T-T�C*J s ,u zaoK _ __Vic_-= ---------- —— -- =-- ------- ------� --- S TE AA 0x, q f� - - - - --- A,e4 _ 17 D,e P EQ S O,r (.OAu--�>.! 0x, S lTE V T Az4 - L R7' // L,4) ------- ---- to �o LAS as race — 14—A /--Oi ------ - o Z 4&a 7cOv � 01-NORT -R-e c e ;+v e'd by. Town Clerk : Date: TOWN OF NQRTH ANDOVER, MASSACHUSETTS 41 BOARD OF APPEALS CH Time : V:I H-0 R T HAhi s appl i cati on must be typewritten ' ? qe : T APPL&WJJIO$J60f MR03IEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Daniel and Adele McGonaghy Address59 Appleton St . , North Andover 1 . Application is hereby made (a) For a variance from the requirements of Section 7 Paragraph 7 . 1 and Table 2 of the Zoning By-Laws . (b) Fora Special Permit under Section Paragraph of the Zoning By-Laws . I ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected are land x and building(s ) X numbered . 59 -Appleton Street Street . ( b) Premises affected are property ,with frontage on the North South ( X) East West (x ) side Orf-Appleton Street . ..Stre6t ,. and . known as No . 59 Appleton Street Street . ( c) Premises emises affected are in Zoning District R'-2 and the premises a.ffect.ed... have an area of 61 )800 square feet and frontage of 295 square feet . 3. Ownership ,(a,)' Name and address of owner ( if joint own,&rship , give all names ) : Daniel and Adele McConaghy Dateofpurchase January 1 , 1969Previ-ou-s- Ow'_n_e'r.,_ Wiliam Broughton (b) If applicant is not owner , check his interest in the premises : . Prospective Purchaser Lesee Other ('explain) 4. Size., o,f. proposed building : front ; feet deep ; —feet. — (Saesse3au SI,3aqs LUOLI iPpt?. asn ) @TVG ZIT upqTuxow -N XJVN 'R *r Ma_1PUV alva 85TqITLL's UOTOPUDMO )p U01 as alpa USv I - ATTACHMENT The principal points upon which I base my application are as follows : The Petitioners own two adjoining parcels of land located at 59 Appleton Street , being described on The Town of Andover As- sesors Map at Map 0378 , Blocks 0033 and 0034, respectively. The Petitioners ' home is located on the parcel designated as Block 0034, and Block 0033 is vacant , with the exception of an encroach- ment of approximately 5-10 feet of a driveway and septic system. The Petitioners are seeking a variance from this Board to allow them to slightly alter the present lot line where the parcels abut , in order to turn what is now a vacant , unuseable lot , into a buildable lot . A variance is required, as a separation of the two lots would leave both lots having less than the required square footage in an R-2 District . The Petitioners believe that a literal enforcement of the By-Law as to the parcels in question would unquestionably result in substantial financial hardship to them. As was stated above , the parcels are treated separately by the assessors office , re- sulting in tax bills on each parcel . Due to the recent revalua- tion of property due to Proposition 22j the tax bill for the vacant parcel has gone up dramatically. Although the parcel is presently vacant and unbuildable , the assessed value of the parcel exceeds $25 ,000 . 00. The Petitioners are faced with a LAW OFFICES OF REGINALD L. MARDEN. P.C. 28 CENTRAL STREET j ANDOVER. MASS.01610 TELT (617) 470.0477 serious financial hardship because of the taxes due and payable on the unbuildable lot . A variance would allow the Petitioners to sell the parcel , thereby alleviating the financial hardship on them. Withoutac.variance , the Petitioners will in all likli- hood have to sell their home as they simply cannot meet the ad- ditional financial burden. The Petitioners believe that the variance could be granted without substantial detriment to the public and without nullify- ing or substantially derogating from the intent or purpose of the By-Law. First , the proposed lots would contain 28 ,400 square feet and 33 ,400 square feet respectively. Both lots would contain adequate frontage and setbacks to satisfy the By-Law. It is im- portant to note that the parcel in question is abutted on. the east and south-east by land zoned R-3 , which has a lot area re- quirement of 25 ,000 square feet . Second, the lot areas of many of the properties in the Petitioners ' neighborhood contain less than 25 ,000 square feet . Finally, the Petitioners ' property abuts an electric company easement to the east and south. Be- cause of these factors , the Petitioners believe that the Variance could be granted without derogating from or nullifying the intent of the By-Law. The Petioners , therefore , respectfully request that this Board grant a variance in -this instance . The financial hardship facing the Petitioners is grave and immediate. Without this LAW OFFICES OF variance they will in all liklihood be forced to sell the home REGINALD L.MARDEN.P.C. 23 CENTRAL STREET ANDOVER. MASS.01810 -2- TEL: (817) 470.0477 in which they have lived for almost fifteen years . Moreover, the relief sought would in no way disrupt the surrounding neigh- borhood, and would most likely result in more tax dollars being paid to the Town of North Andover. In conclusion, the relief sought is both proper and reasonable , and would benefit both the Petitioners and the Town of North Andover. LAW OFFICES OF REGINALD L. MARDEN, P.C. 29 CENTRAL STREET ANDOVER. MASS. 01810 -3- TELt (617) 470.0477 August 14, 1984 Mr. Charles Foster, Building Inspector wn Office Building INiorth Andover, Mass . 01845 Re: Daniel and Adele McConaghy 59 Appleton Street Petition No. 77-'83 ear Charlie: al has come to our attention that the existing dwelling on Lot 1 aJ 59 Appleton Street has not been connected to the sewer line �s was previously agreed to and conditioned in the variance anted by the Board of Appeals to Mr. and Mrs. McConaghy. uld you please investigate the matter to see if the connection s been made and report to the Board at their next meeting on nday, September 17, 1984. Thank you for your cooperation. Sincerely, BOARD OF APPEALS Frank Serio, Jr. , Chairman FS/jw ' December 12 , 1983 -3- Regular Meeting Attorney Reginald Marden, representing the petitioner, made the following presentation: - The problem was discovered when .the property was recently conveyed. A plot plan done by an engineer found' the problem. There is a shed too close to .the lot line. It sits on concrete blocks,;..and, therefore,,, cannot be ,moved.,-easily. - The previous owner had a building permit for the . shed. - The permit said 20 feet and it should have said 30 feet. - The shed .is 9 ' x 14' . ; - The petitioner is asking for a side setback variance to allow the shed to remain on the parcel . - The bank Tet ,them -close but they are in on the variance. - It would involve a hardship to the pe,titione'r if ' the f variance were denied 'and the shed had', to be moved. It cannot be placed i�n .'the back' because' of th6 ;landscaping. Mr.. and Mrs . Mandry spoke in favor of the petition and no objection w.a,s'.Vbiced. MOTION: by Mr. Frize'11e to rant ',, the variance '.as requested.' ,..' SECOND: by Mr . Soule VOTE Unanimous - mot,ion, ,carries.: , McConaghy, Daniel and'• Adele' - Variance - Appleton Street' The Clerk read the legal notice. f a Sitting: Serio, Trepanier, Sullivan,, Nickerson, Soule Attorney Reginald Marden, representing the petitioners, made the following presentation: A similar petition was heard by this Board several months ago, which was denied by the Board . - The petitioners wish to divide their parcel of land on Appleton Street into two parcels, each having less than j the required area. The McConaghy' s were not represented by counsel at the original._hearing. i s December 121 1983 -4- Regular Meeting _ y - Since that- time, a couple of things have happended. - The petitioners have sought and obtained approval from ) the Planning Board to re=petition the Board of Appeals ., Said approval was obtained following' a public hearing held on 10/3/83 before the Planning Board. . The petitioners purchased their property "at 59 Appleton Street in 1969. At that time, they purchased two (2 ) lots, being Lots #1 and #4 . Their house 'is on Lot #l. and Lot #4 conformed with area, frontage, etc. , Lot #4 was held by the petitioners as -a "nest egg" for their retirement. Their deed . re' fers to two separate lots . When the petitioners attemptedto sell Lot #4, they discovered that the property had been re-zoned. The zoning line goes through the New England Power Co. easement. The effect of the- zoning change made Lot #4' undersized for purposes of construction. The have been taxed for. two. lots since the time they Y purchased the property. Therefore,, the town was,- and has continued to tax the roperty as two' lot's. Had -they known about the zoning change, ,they could have recorded a plan and frozen , the zoning. 1 Most of the other .lots on',Dale ,'Street and Appleton Street are smaller. than the proposed, . lot'. - The property has some unique - features - ,it , is abutted in the. back,-by a power line easement and the., zoning line. - Since the ?:McConaghy's last',pe.ti'tipn, there, has' been a. . significant change : fn, the area' a, sewer. line, ;has been ; constructed in front of Lot 4. The Board could now tie in to a public sewer"',",w`'' ,,,This ;,was not available at the last hearing. itAs a ;substantial ,'change which affects the land. - In addition; the, lot is locatled on. a. corner where Appleton Street turns . It has a substantial amount of frontage. After ,the last hearing, only four members of 'the Board voted on this member. One member disqualified himself after the hearing. - Note: - Member-. E.ri-zelle stated that this -statement by Atty. Marden is incorrect - he was not present. i December 12, 1983 -5= Regular Meeting Atty. Marden continued with the following: - Based on the addition of sewer and the 1983/1984 taxes, substantial changes have taken place. Based on the circumstances~ and' the designs and setbacks, ' . there is plenty of room for construction of a house on the lot. They would live with' any restrictions that the Board may want to impose. - The petitioners have spoken to the neighbors and have received no objection. In fact, some neighbors support the petition. I Speaking' in' favor of the petition were: Mr. Robert Hay Mary Moynihan ,Mary McDonald Mr. Stannard Susan Lebel Bill McDonlad No one spoke in opposition to 'the. petition. Atty. Marden complPtPd'his presehtation 'with--he following: It is unusual to come back to a Board a second time; but the McConaghy.' s have a. great. deal at stake Mere tonight. They did not have an. attorney ;at the 'last hearing. and may not have .been.'prepared -enough'. He presented a plan showing a rendering '.of a; , proposed `dwelling for Lot #4 and offered to have the builder, submit a site plan if.. .r.equired by, the . Board. { MOTION: by Mr. Sullivan to ;take the petition under advise- + ment. � . ' SECOND: by Mr. Nickerson VOTE: Unanimous - motion carries . Towle, James - Special Permit - -Andover By-Pass r i The Clerk read the legal notice. Sitting: Serio, Frizelle, Trepanier, Sullivan, Nickerson Attorney Domenic Scalise, representing the petitioner, made the following presentation: Mr. and Mrs. Towle recently purchased the property from the Burns family. i E December 12 , 1983 =6= Regular Meeting There is ,31 •800. ,s uare feet g e of land. - The petIttoner is .,seeking a, ,Spgcial:, Permit, to .allow him to construct an. i.n-;l� w ap'�rltment, , or "family. su"ite" on his dwelling. ' The addition would'.increase the size, of the' existing dwelling by approximately .6 fee',t'. They would like to -add to� .the,, right side of the house where the chimney is . The apartment will be occupied by Mrs. Towle ' s mother., Mrs . Caruso. = This is a request under the "family suite" section of the Zoning By Law. - Mrs . Caruso is 77 years old and currently lives i ' Andover. She is ill and would like to live with the Towles . - No request is being made for a variance at this time, since the setbacks in the R-3 zone will be met. -� No one spoke in favor or opposition to the petition. A letter dated 12/5/83 from Mrs. and Mrs. Walter Stamp, abutters, was ,read and placed on file. In response to the letter from ,the Stamps, Atty. Scalise reported that they had walked the site with Mrs '. Stamp and she dial not object. She informed them that she is attempting to re-zone her property to Industrial. Atty. Scalise completed his presentation by stating `that It will be beneficial to the fam' h ily , if the Special Permit is granted. It will not be a' detriment to the neighborhood. MOTION: by Mr. Frizelle to take the petition under advise- ment. SECOND: by Mr. Trepanier VOTE ' Unanimous - motion carries,. DECISIONS Crott Mar*- ourt Street December 12, 1983 -7- Regular Meeting i No action - the Board will wait until the Building Inspector returns. McCona h , Daniel and Adele - Appleton Street g Y PP MOTION: by Mr. Trepanier to reconsider the matter on the grounds that there has been a material change ( ie. , sewer) . ,SECOND- by Mr. -Nickerson VOTE Unanimous - motion carries. MOTIONS by Mr. Sullivan to- grant- the variance with the) condition that the existing dwelling on Lot' #-17 and the ro osed dwelling on Lot #2 tie into the- , = . P P sewer line down Appleton 'Street from Dale Street. SECOND: by Mr. Trepani.er VOTE :- Unanimous - motion catr.ies.� Towle, James' - Andover By-Pass MOTION: by Mr. Frizelle to grant the' Special Permit subject . to the following conditions:' family suite is. solely for-Gccupancy by Margaret Caruso, mother of Carol Towle. 2 . The Special Permit'. shall expire �at­the time Margaret, Caruso ceases ';to' occupy the, family suite. 3 . The Special Permit shall expire at the time the. pre,.mises are conveyed to any person, ' partnership,, trust, or corporation. . 4. The applicant,.. ,by acceptance of the Certi- ficate of Oc'cupancy .iss.ued' pursuant to this Special perm�.t,� ,gran;ts 'to .the Building In- spector. ' or his lawful-designee the right to inspect. the 'premises . i SECOND: by Mr. Trepanier VOTE Unanimous - motion 'carries. Bruquet.a, Jose - Pleasant Street Sitting: Serio, Trepanier , .Sullivan, Soule - .--.MOTION: --by -Mr. Sullivan to grant the variance_ as requested. MASSACHUSETTS QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 881 William W. Broughton and Ann A. Broughton, husband and wife of North Andover, Essex County, Massachusetts, beingwWnarried, for consideration paid,grant to Daniel Mcconaghy and Adele I4cConaghy, husband and wife as tenants by the entirety, of Appleton Street, Horth Andover, Massachusetts of with ,quitrfttim ruurnatttu UKdcJfix A certain pa-reel of land, together with the buildings thereon, situated in North Andover, Essex County, and being shown as Lots 1 and 4 (Description and encumbrances, if any) on a plan of land entitled, "Plan of Land in North Andover, Mass. , owned by Daniel E. Hogan, Jr. " , dated February 29, 1956, Ralph B. Brasseur, Civil Engineer, which plan is recorded with Essex North District Deeds as Plan No . 3206, said lots being together more particularly bounded and described as follows: NORTHWESTERLY by Appleton Street by two courses measuring respectively One Hundred Fifty ( 150) feet, and One Hundred Seventy- five (175 ) feet ; NORTHEASTERLY by Appleton Street One Hundred Sixty (160) feet, more or less ; SOUTHEASTERLY by Lot 2 on said Plan by two courses measuring respec- tively One Hundred Sixty (160) feet , more or less, and One Hundred Fifty (150) feet ; SOUTHWESTERLY by land now or formerly of New England Power Co. on said Plan One Hundred Ninety ( 190) feet, more or less . Containing together 56, 100 square feet more or less . Together with a right of way in common with others entitled thereto to use the streets and ways as shown on said Plan for all purposes for which streets and ways are commonly used in said North Andover . Subject to and together with the benefit of easements and restrictions of record the same as are in force and applicable. Being the same premises conveyed to us by Lantern Corporation by deed dated September .69 1956, recorded with North Essex Deeds, Book 840, Page 474. Exhibit A p��(hBInG BOQBO TOWN OF NORTH ANDOVER MASSACHUSETTS R MORTh 0 0 ,SSACMUSES October5 , 1983 Mr. Daniel Long , Town Clerk Town Office Building North Andover, .Mass . 01845 Re : Daniel and Adele McConaghy 59 Appleton Street Dear Mr . Long : The Planning Board held a public hearing .on Monday evening, October 3 , 1983 on the petition of Daniel and Adele McConaghy . The hearing was advertised in the North Andover Citizen on September 15 and 22 , 1983 and all abutters were notified by regular mail . The following members were present and voting : Michael P . Roberts , Vice Chairman ; John A . James , Jr . , Esq . , Clerk ; John J . Burke ; and Erich W. Nitzsche . The petitioners are requesting the consent of the Planning Board to resubmit a petition for a variance to the North Andover Zoning Board of Appeals , pursuant to M .G .L . Chapter 40-A, Section 16 and the North Andover Zoning By Law , Section 10 , Paragraph 10 . 8 . The petitioners testified through counsel that they were denied a variance to subdivide their property into two lots on June 6 , 1983 , being Petition No . 30- ' 83 . The property is located in the R-2 zoning district at 59 Appleton Street . Without the consent of the Planning Board , they would be forced to wait two years before resubmitting their request . Upon a motion made by Mr . Burke and seconded by Mr . James , the Board voted unanimously to grant permission to the .petitioners to re-apply for a variance to the Board of Appeals for property located at 59 Appleton Street . Si ncerel , Michael P . Roberts , Vice Chairman jw North Andover Planning Board Petition of Daniel and Adele McConag'hy Pursuant to M. G.L. Chapter 40A Section 16 The petitioners herein, Daniel and Adele McConaghy, 59 Appleton Street , North Andover, Massachusetts, respectfully request : pursuant to M. G.L. Chapter 40A Section 16, the consent of The Planning Board to resubmit a petition for 'a variance to The North Andover Zoning Board of Appeals. I. Prior Proceeding The initial application for a Variance filed with the Board of Appeals sought relief from the provisions of Section T, Paragraph 7. 1 and table 2 of the North Andover Zoning By-Law, to wit : a division of land one lot to two lots, having less than the required area. (See Exhibit A attached hereto" . Application for Relief from the Requirements of the Zoning Ordinance." , dated . The initial application for a Variance (Exhibit A) submitted by the petitioners was denied by The Board of Appeals in a written decision dated June 8, 1983. (Exhibit B attached hereto, " Notice of Decision" ) In denying the petition, The Board of Appeals found "that the evidence presented by the petitioner failed to show a hardship as required by Section 10. 4 of the Zoning By-Law. " II. Grounds for Re-Submission Pursuant to M. G.L. Chapter 40A Section 16. The petitioners believe that there are sufficient grounds to warrant a re-submission of their request for a Variance within two (2) years of the denial of their original petition. As grounds, the petitioners state that they were not represented by legal counsel in either the preparation of the original application, or at the hearing on the Variance before The Board of Appeals. Without the benefit of legal assistance, the petitioners were unaware of the specific statutory requirements necessary for the granting a variance, and therefore were not able to present evidence on the necessary requirements at the hearing before The Board of Appeals. The petitioners believe that they can, in fact , meet the statutory requirements of M. G.L. Chapter 40A Section 10 for the granting of a variance and request that this Board allow them to LAW OFFICES OF re-appear before the Zoning Board of Appeals to present their REGINALDLMARDEN. P.c. new petition. (See Revised Application attached as Exhibit Q . 23 CENTRAL STREET ANDOVER, MASS. 01810 - The petitioners also believe that they would be severely prejudiced by having to wait two (2) years before filing a new TELS (817)470.0477 variance petition. As was stated above, the petitioners had adequate grounds for a variance at the first hearing, but were unfamiliar with the law and procedure' involved, and therefore ' failed to demonstrate those grounds. Further, no prejudice will come to any other interested parties in this matter if a new hearing is allowed, as The Zoning Board acknowledged in its decision that neighbors of the petitioners supported the variance request , and no opposition was voiced at' the first hearing . Allowing the petitioners to again appear before The Board of Appeals on this issue would be in the interest of fairness and justice, and would have no adverse affect on' any of the parties involved. III. Request for the Consent of The Planning Board Pursuant to M. G.L. Chapter 40A Section 16, all but one of the members of this Board must consent to the petitioners request to re-appear before The Board of Appeals. By consenting to the within petition, this Board will' be doing no more that allowing the petitioners to re-appear before The Board of Appeals, and in no way would this consent usurp any power or authority of The Baord of Appeals. The petitioner therefore, respectfully request that this Board consent to the within petition, and allow them to proceed again with the application for a Variance before The Board of Appeals. Respectfully ,submitted, Daniel and Adele McConaghy by their attorney Reginald L. Marden Law Offices of Reginald L. Marden, P . C . 23 Central Street Andover MA. 01810 Telephone : 470-0477 LAW OFFICES OF REGINALD L MARDEN, P.C. 93 CENTRAL STREET ANDOVER, MASS. 01610 TEL: (617)470-0477 COMMONWEALTH OF MASSACHUSETTS PETITION OF DANIEL AND ADELE McCONAGHY PURSUANT TO M.G.L. CHAPTER 40A SECTION lb AND SECTION 10.8 OF THE ZONING BY-LAW OF THE TOWN OF NORTH ANDOVER Now come the petitioners , Daniel and Adele McConaghy, 59 Appleton Street , North Andover, Mass . , and request that this Board allow a rehearing on the within Variance Petition (attached hereto) pursuant to M.G.L. Chapter 40 Section 1b, and Section 10.8 of the Zoning By-Law. The petitioners state that , pursuant to the statute and By-Law, the Planning Board of the town of North Andover has unanimously consented to the re-submission of the Variance Petition. (Copy of petition and decision attached as Exhibit "A" Wherefore , the petitioners request that the Zoning Board of Appeals allow a rehearing on the attached Petition for a Variance . Daniel McConaghy and Adele McConag,t their atter-. L__-Reginald L. Marden Law Offices of Reginald L. Marden, P.C. 23 Central Street Andover, MA. 01810 Telephone : 470-0477 LAW OFFICES OF REGINALD L. MARDEN. P.C. 23 CENTRAL STREET ANDOVER. MASS.01810 TEL: (817)470-0477 \ CL-Ete(S * TIQE LANivt rscz-v S Y NtAP• FAPt1.1 t E. R. 44 APPL.E-Tots ST . Ss APPLEToN ST , t53 DALE S'Y _ 0. V �+ AIPPLE-fo" sr z E r-q c:J LOCUS sT.W AQPL � O _ 2 - E s s x Corr►t`t-'r� LAYOUT- S cP(�;t soWIVE w � ° _ d r Y �csa Q. ul N - 9 _lam ' i � - -- - - - tOo.oO - - •Sr3 - - W -- A�Z.E�.-- 33 4 00 m ARZA—28,400 t�s f. V + ` •' �� N �• 11,] A o �V4RTN �.l�t DOVER BOARD OFAPPEALS otd 6'L'F�- 9 . , W 3 to z� c�s�oN bio. 3 00 S W I J w L CK N o, ,... - ;AP �; � � ,n � AMU Q REFER.El ICES ^' L r-Tco+�r' j• pRoPog0 LOT Lime.- DEED : l Ma P.42F �C i _ 0 dZ N.D.R.. PLas t tato. 320 G �SYS ,,,�, ; EFxt STC. LOT Uwe = �, Z W o D ky, Q J lu To �, 1� �-a w (MAP 3-?$- Lor 34-} � "0 �1•l�AP 3-i�•- Lo-r 33J � V �:,Q I>p.TE J P a 0 ' pp of • a m ° PLAf,-J LA MD 41 Vf .J E a.it E L 51'At.1 N�►.R,p i p �.. O RT t-� N DDI E R, MAsse � 7 A,PPL_ETo -� PREPARED �rOR- � sz-_ d p 7 J $4 �� of �- Aoel-r— Woq-TiA �,"PoyER_ PLAUMMIG BOAR. � �lfftrat this plan was pra- DAN lEL. Planrw" 8 a�-d Approval under- The pared ,� conformance with the �� ROBERT GILLtiN � 0 ETT A U. MC;COWAGHY vision or,fr l Law not r-e — Rules and Regulations of the QFR_Z�?1983 cooava+ia H v S9 �.PPLET01�t STQEE'T �► ,, d. R inter of Deeds. ._ - o 7.OM I WG DIST Rt CT R 2L., S p SCALE So OF. FEE too i�+e��- b m% DA = RA BEttT C-r.�oopytlt t t,R.LS. 82 CE1,tTvLxLS-r . LC Ow APR 4 P.0 FORM NCE 01TH ZON-im NORTH ANDOVER F;. . . MORTM O 9 F i • 7 ,SSACMUs�t I ' TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 28, 1986 Board of Selectmen Town Building 120 Main Street North Andover, MA 01845 Dear Board Members : The Board of Appeals has a matter which it wishes to bring to the attention of the Board for appropriate action. In December of 1983,. the Board granted a variance in the matter of Daniel & Adele McConaghy's application. Mr. McConaghy is the Assistant Building Inspector. The variance contained a condition as follows : "That the existing dwelling on Lot 1 and, the proposed dwelling on Lot 2 tie into the sewer line down Appleton Street from Dale Street. " Mr. & Mrs . McConaghy did not appeal the decision of thel Board. A building permit was granted for the new dwelling which was con- -structed and tied into the Appleton Street sewer. The dwelling that existed at the time has not as yet tied into the sewer. This Board has questioned the lack of compliance without satisfaction . We respectfully request that appropriate action be taken including legal action if necessary. It is of -' the utmost importance that the integrity of the Zoning Board of Appeals be maintained especially by an officer charged with its enforcement. Sincerely, BOARD OF APPEALS Frank Serio," Jr. Chairman AEF/awt cc: , Charles Foster, Building Inspector, i Any appeal shall be filed 'L ~� � j,;!' { 1835 :g;► within (20) days after the ;_ },Ss 's�•• date of filing of this Notice in the Office of the Town f OWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . . .Decem.ber. .?2., .1.9.83 Petition No.. .7 7.' 8.3 , . . . . . . . . . . Date of Hearingp.ecembe r 12 , J983 Petition of . . . . . . . . . . . . .DA;l.I.EL. .AND .ADEU .KCC9.NAG.HY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . .5.9. A p p.l.e t o n. S t r e.e t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . To.n i.n g. B.y. L.a w Se.ctio.n . .7 , . .Par.agr.aph. .7. .1 . and. .T.ab.l.e. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .r. e.l.i e.f. . from, the .m.i.nimum.--ar.ea- r.eq.gi r.eme.nts. :to. .al.l.ow. Ah.e di.vi s:i.on.-.of. .on.e_ 1.0f. .i.nto. -.-tw.o : .l.ot.s , . .eac.h . h.avi.ng. .l.ess: . t.ha-n—th.e . r.equ.i.red area .- - After-_a_public hearing given-on the above date,_the Board of Appeals-voted to .--. . Grant. the- variance. . . . . . . . . . I . . . . . . . . . . . . ... . . xa'idxt�kdbyx&t �s Akt,BU90ig xT�i tbx U AM6-xhx . . . . . . . . . . . 0&"txtbx. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f xtk�c oa actia7axof Aka ah(wn m)ork based upon the following conditions: 1 . That the existing dwelling on Lot 1 and the proposed - dwelling on Lot 2 tie into the sewer - line -down Appleton Street from Dale Street.. Signed F r.a n k. .Sex i o., : J.r. . .,. .0 h.a i rm4-n. . . . . . . . . R i.c h a..r.d. J . . .Tre.p a n.i.e r., . Es.q.:.,. . C1 e r k Wi.l.I i.am. .J. . .Su1.1i v-an. . . . . . . . . . . . . . . . Au.gus.ti ne. . W... . Ki.ck.e.r. s.o.n. . . . . . . . . . . Walter ..F . : S.oul.e i,.Ass.oci.ate. .'�.lember Board o f'Appeals 40RTN Any appeal shall be filed ° w within (20) days after the • ,��:�'�,;�•r� date of .filing of this Notice DEC s 'Ss����s•` in' the Office of the Town • Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 22, 1983 Mr. Daniel Long, Town Clerk Town Office Building North Andover , Mass . 01845 Re: Daniel and Adele McConaghy 59 Appleton Street Petition No. 77- ' 83 Dear Mr. Long: The -Board of Appeals held a public hearing on Monday evening, December 12, 1983 upon- the application of Daniel-- and- Adele McConaghy._- The hearing-was- advertised in, the North Andover Citizen -on November- 23- and December 1, 1983 and- all- abutters were notified by regular mail . The following members were present and- voting: - Frank Serio, Jr . , Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; Augustine W. Nickerson; and Walter . F. Soule, Associate Member. The petitioners seek a variance from the provisions of Section 7, Paragraph 7 . 1 and Table 2 of the Zoning By Law so as to permit relief from the minimum area requirements to allow the division of one lot into two lots, each having less than the required area, on premises located at ,59-Apple-- ton Street. The petitioners testified through counsel that this request represents._ a -re-petition before the Board of Appeals . At a public hear-ing held on May 9, 1983, the petitioners made a similar request to subdivide their property, which was denied by-the Board- of Appeals on June 6, 1983. Subsequently, at- a public hearing held on October 3, 1983, the McConaghy.' s re- quested and received the consent of the North- Andover Planning -Board to re-petition the Board of Appeals, pur- suant to M.G.L. Chapter 40-A, Section 16 and the North Andover Zoning By Law, Section 10, Paragraph 10.8. Daniel and Adele McConaghy E `•t'` 59 Appleton Street Petition No . 77- ' 83 Page 2 DEC 10 PM X83 Testimony on December 12 , 1983 revealed that since the applicants were not represented by counsel on May 9 , 1983 , their presentation may not have been adequate . Also., the McConaghy ' s purchased two lots in 1969 with the intent of selling and/or building on Lot 2 . The . rezoning of the property in 1972 by the town rendered Lot 2 unbuildable , but the applicants have continued to betaxed for 0 two lots . Said rezoning has caused a financial hardship to the petitioners . In addition , a sewer line has been constructed in front of the property . This sewer was not available in May and this signi - ficantly changes the circumstances regarding the applicants ' s property. With the sewer available , . the need for large lots to accommodate septic. systems no longer exists Several neighbors spoke.. in favor of the petition and no objections were heard . - Upon a motion made by Mr . Trepanier and seconded by Mr . Nickerson , the - Board voted unanimously to reconsider the matter on the grounds that there has been a material change ( ie . , the installation of sewer) . A motion -was made -by Mr.- Sullivan a.nd seconded by __Mr-. Trepanier to grant -the variance with the condition that the -existing -=dwelling on .Lot 1 and th-e proposed dwel ling on .-Lot 2 tie into the- .sewer -line - down Appleton - Street from Dale Street . The motion --passed unanimously . In -granting the variance , the Board finds that both Section - 10 . 4 and 10 . 8 of the -Zoning By Law .have been sati.sfied . _ In particular ; the Board finds-- that owing- to c-i-rcums-tances relating to the- land , a - literal enforcement of the provisions- of the By Law would involve a hardship to the pet-itioners ; since Ahero ert purchased as P P Y was P d two lots and has continued to be taxed as two lots by the town and that desi-rable relief may be granted without nullifying orsub stantially derogating - from the intent and purpose of .the Zoning By Law. '. The - Board also finds that the addition of the sewer line constitutes a material change in the conditions upon which .the- previous unfavorable action was -based . Sincerely , BOARD OF APPEALS O� t�-�-�, _ Frank Serio , Jr . , Chairman jw ( Plan to follow ) f r A Y R y i • � - � _ i l � S � � �3 � � ti�� ��� � . � °�`- 3 a . � � -EG_A 'N TICE�- >4,.TOWN 6k.N0.ANDOVER '''BOARD OF APPEALS t { fia'try NOTAr1 pr1I21"1983 Notice, is.. ereby . r. given t� g ;•that the'Board-of-Appeals, . : .will,give•a hearing tat-the r Town Building, North An `w .7 doveWon Monday evenint ar,.Wje 9th day,otiNay 1983,at o'clock,-to all par= '-.ties interested in the'appeai , a.aot DANIEL A•ADELE Me- CONAGHY;'-.requesting a . •.",c'variation ;of Sec.'M paras, . .,7.1.&Table,2:of the Zoning i t.By,Law so-,as-to permit the division of land into two lots +'having;less than the`, re r quired'•a7ea on the prem=; `ises; "located' a Appleton Btreet.'?� s ., 4 t-r Byrder of the ard•of Appeals SERIQ,JR.; Chairman . "E:=T' rApr`23:30,1983- Legal Notice. f NORTjy ~?o� �.o�b�4, ti TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARD ��Ss^cHusSeptember 13, 1983 Notice is hereby given that the North Andover Planning Board will hold a public hearing on Monday evening, Oc- - tober 3, 1983 at 7:30 p.m. in the Town Office Meeting Room to all parties interested in the application of DANIEL AND ADELE McCONAGHY requesting the consent of the North Andover Planning Board to resubmit a petition for a variance to the North Andover Zoning Board of Appeals, pursuant to M.G.L.Chapter 40•A,Section 16 and the North Andover Zoning Bylaw, Section 10, Paragraph 10.8, for premises located at 59 Appleton Street. - i By Order of the North Andover Planning Board By:Paul A.Hedstrom, Chairman- - - , - Publish: North Andover Citizen: September 15 and 22, 1983 N24-472P Legal Notice. f poRT!{ ?ot �.o �tio�G TOWN OF o NORTH ANDOVER MASSACHUSETTS 70 PLANNING BOARD CHus ' September 13, 1983 . Notice is hereby given that the North Andover Planning Board will hold a public hearing on Monday evening, Oc- tober 3, 1983 at 7:30 p.m.•in the Town Office Meeting Room to all parties interested in the application of DANIEL AND ADELE McCONAGHY requesting the consent of the North Andover Planning Board to resubmit.a petition for a variance to the North Andover Zoning Board of Appeals, pursuant to M.G.L.Chapter 40-A,Section 16 and the North Andover Zoning By Law, Section.10, Paragraph 10.8, for ' premises located at 59 Appleton Street. By Order of the North Andover Planning Board By:Paul A.Hedstrom, _ Chairman-- Publish: North Andover,Citizen: September 15 and 22, "1983 N24-472P ys>NORTy E• AP111L�P7 1855 1s�y�ACHtlg"4C TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE ,Awpril.21t. . . . . .19.83 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .NQ0481y'. . . . .evening. . . . . . . . the .9t4 day of . . . Ma'w. . . . . . . . . . . . . . . 19$3. ., at7:3tb'c'lo®f, to all parties interested in the appeal of . . . . . . .DANThi.. & Al?EhE. McGNAGH . . . . . . . . . . . . . . . . . . . . . Table 2 requesting a variation of Sec.7t: .PPrA-. 7.1 A. of the Zoning By Law so as to permit. . . the.division_oP.land into two . . lots.ha►v ng .less. than the. required area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the premises,located at. . . .59. APPlaten. atreet:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CS By Order of the Board of Appeals Frank Serioz Jr., Chairman Publish Eagle-Tribune: April. 23 & A 1983 Send bill to: Daniel & Adele McCon4Wt 59 Appleton St-9 North Andover Send proofs to: Mrs. Jean Whitef Town Off. Bldg.t N.A. TOWN OF NORTH ANDOVER MASSACHUSETTS E NORTFI 1 41 O.StNo��,ti0 1SSACHUSEt I September 133 1983 Notice is hereby given that the North Andover Planning Board will hold a public hearing on Monday evening, October 3 , 1983 at 7 : 30 p .m . in the Town Office Meeting Room to all parties interested in the application of DANIEL AND ADELE MC CONAGHY requesting the con- sent of the North Andover Planning Board to resubmit a petition for a variance to the North Andover Zoning Board of Appeals , pursuant to M .G . L . Chapter 40-A , Section 16 and the North Andover Zoning By Law, Section 10 , Paragraph 10 . 8 , for premises 'located at 59 Appleton Street. By Order of the North Andover Planning Board By: Paul A . Hedstrom , Chairman Publish: North Andover Citizen : September 15 and 22 , 1983 Send bill to : Mr . Daniel M cCona h� 9 Y 59 Appleton Street North Andover.-, .Mass . 01845 0` VAVtC> 1 , DoQ-t5 L . Gt_EAe(El.LTft tE LA"UBMQT ;ZEDC:ELY �, ' -�WE}.cpoLYt�C. TE-5 .TO IF—5A.R-eA.P-A' M, SMt'CH FA1•tl•1lE R SMtTt-i V(.IOE RVC/OO p 1158 VAdLE ST, -44 APPLE-ro" S-r , 58 APPLE-rota ST . 153 DALE ST A- PPL- E.-ro " S -' R. EF.T E s s Ex CoUW TY La�O UT— t c-!N;t so WIDE `� S"J: EE T f�1 5�0�O`2'- 0-7 Z95. t9 ` 'SB R4O doo > ' W � ,- * ARMS.--23,400 Ar. rilal.Dri NNSQ. �� e, 0 �oRTN A"j)DVEQBARDoFAPPEALsA lLteo G to � V1 °t r' F ..� i Arm Rox Sl C,+.tA-CU QEs LP 0 RE EQEWCES ,Lo �r W GEED : etc..l 123- P.42� =�OA1+T + �?ROPO`3F D LOT Lime-- r- d , l � lC � �.-. O i�N.O.R. PLAM No. 320� � YS � �`' N ° tl� 7 7 Ext ST'G LvT Lim •Q Z w To 8E DiSGOUTtUMV �;" 6) 0 w w op aD a - w <?> P . I(MAP 3-I$- Lor 34-) 6l 00 CMa p 3-t e>-- Lo-r 33) d I>AT E . Of 0 a. Co PLAN) o� LAMD r o t No Pm4 At400vF.;z, MASS J E,e.►.t E Q 57',s,i.►tit A•R o }- ">T �.PPLETOIV S-Z-- PREPARE0 FOP, J d � o �.: �`" O'� .�,� � � v DANIEL �' ADELE�- Pl,?nl7LZg � rtify that this plan was pre- ,� 7So�.-d �tpprovat uncicr fhe pared in conformance with the �° QfLLROBERT sN 0 MCCOWAGHY �i GiLt.ETT r., Subd vision Confrol' Law not re — Rules and Regulations of the ApQ•2o 1983 GOODWIa N A d Registers of Deeds. Yom--. �A . v S9 A PP L ETO M ST RE E.T o 7-omtWG DISTQt0T •r R 3 DATE '. ROBERT a.�oovwlW,R.l 5, 82 CeMTV1A.LS-C.,L�t�tvG � s � �' h= o scaL� so of FES too a���0�9�� t.L`. l Any appeal shall be filed RECEwithin (20) days after the DANIEL ;.�tNG :?:'�, •; date of filing of this Notice k.ERK A.PILr+ .AV in the Office of the Town NOR t� �.; OVER i' Clerk. criug�'�l JUN 15 129 AM '83 •.,.�..� TOWN OF NORTH ANDOVER { MASSACHUSETTS a t BOARD Of APPEALS NOTICE OF DECISION ) } Date June 81 1983 Petition No.. 30-.'.8 31. . . . . ... . .. . i Date of Hearing. May 9 , 19 8 3 s i Petition of . . .: . DANIEL AND ADELE McCONAGHY Premises affected . . 5 9 ApP le ton Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ... Referring to the above petition for a variation from the requirements of the . . .ZonincjBy. Law, Section . 7.,. .Paragraph 7. 1 .and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the .division of • land. from one. .lot-.t.-o. two. ,lots , having less than the required area. After a public hearing given on the above date, the Board of Appeals voted to . , the' pe.t-it.ion. . . . . . . . . . . . . . . . . . . . ..: . . . : . xmdyec)tiiKftilding ftjKU3mwx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. . . . Signed Frank _Serio Jr. Chairma Richard J. Trepanier, Esq. Clerk Wil]. �m. _J.. .Sullivan. . • . . . . . . . . . . ... . Augus tine• W, ' Nickerson . . . . . . ... . . . ... . . :. . . . . . . . . . : . . . . Board of Appeals II. Any appeal shall be filed µOR7M within (20) days after the D, o<<.��°:•'"a date of filing of this Notice j)ANj ; in the Office of. the Town TO 4:.:�t� _�• w Clerk. AA b•4T.D'�`y� JUN 29 71 ,BB ,SSACN�Stt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 8 , 1983 Mr. Daniel Long, Town Clerk Petition No. 30- 183 Town Office Building Daniel and Adele McConaghy - North Andover, Mass. 01845 59 Appleton Street Dear Mr. Long The Board of Appeals held a public hearing on Monday evening, May 9 , 1983 upon the application of Daniel and Adele ',1cConaghy. The hearing was advertised in the Lawrence Eagle Tribune on April 23 and 30 , 1983 and all abbuters were notified by regular mail. The following members were present ancT-voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle , Esq. , Vice Chairman ; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and Augustine W. Nickerson. The Board rendered their decision at a Special Meeting held on Monday evening, June 6 , 1983 with the following members present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and Augustine W. Nickerson. The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7 . 1 and Table 2 of the Zoning By Law to permit the di- vision of land from one lot into two lots , having Streethan the required area, on premises located at 59 Appleton The petitioner testified that he purchased the property in 1968. He proposes to create a new lot, shown as Lot 2 on the plan, of 28,400 square feet in area. The lot on which his dwelling is located, shown as Lot 1 on the plan, would consist of 33 , 400 square feet. Both lots would contain adequate frontage on Appleton Street and the setback requirements would be met for both lots . There are two deeds on record and the petitioner receives separate tax bills for the property. He further testified that there are several lots in the neighborhood containing 20 , 000 square feet or less. The recent 106% re-valuation ofP roperty has increased his taxes so that he can no longer afford to keep the land open. RE D Daniel and Adele McConaghy om"WEL LONG Petition No. 30- 183 T0VP; ``RK June 8, 1983 NORTH 'ti •_u OVER Page 2 JUN 1- 1129 AM '83 Several neighbors presented a letter supporting the petition and no opposition was voiced. A motion was made by Mr. Nickerson and seconded by Mr. Trepanier to grant the variance as requested. The motion failed, with member Nickerson voting in favor and mem- bers Serio, Trepanier, and Sullivan voting in opposition. Therefore, the petition is denied, pursuant to M.G.L. , Chapter 40-A, and the Zoning By Law of the Town of North Andover, Section 10 , Paragraph 10 . 4 (2) . In denying the petition , the Board- finds that Section 10 . 4 of the Zoning By Law has not been satisfied. Specifically, the Board finds that the evidence presented by the petitioner failed to show a hardship as required by Section 10. 4 of the Zoning By Law. Sincerely, ARD OF APPEALS Frank Serio, . , Chairman FS/jw NORTH ANDOVER PLANNING BOARD PETITION OF DANIEL AND ADELE McCONAGHY PURSUANT TO M. G. L. CHAPTER 40A SECTION 16 The petitioners herein, Daniel and Adele McConaghy , 59 Appleton Street, North Andover, Massachusetts, respectfully request : pursuant to M. G. L. Chapter 40A Section 16, the consent of The Planning Board to resubmit a petition for a variance to The North Andover Zoning Board of Appeals. I. PRIOR PROCEEDING The initial application for a Variance filed with the Board of Appeals sought relief from the provisions of Section 7, Paragraph 7 . 1 and Table 2 of the North Andover Zoning By-Law, to wit : a division of land, one lot to two lots, having less than the required area. (See Exhibit A attached hereto" , Application for Relief from the Requirements of the Zoning Ordinance" , dated The initial application for a Variance (Exhibit A) submitted by the petitioners, was denied by The Board of Appeals in a written decision dated June 8, 1983. (Exhibit B attached hereto, " Notice of Decision" ) . In denying the petition, The Board of Appeals found " that the evidence presented by the petitioner failed to show a hardship as required by Section 10. 4 of the Zoning By-Law. " II. GROUNDS FOR RE-SUBMISSION PURSUANT TO M. G. L. CHAPTER 40A SECTION 16. The petitioners believe that there are sufficient grounds to warrant a re-submission of their request for a Variance within two (2) years of the denial of their original petition. As grounds, the petitioners state that they were not represented by legal counsel in either the preparation of the original application, or at the hearing on the Variance before The Board of Appeals. Without the benefit of legal assistance, the petitioners were unaware of the specific statutory requirements necessary for the granting a variance, and therefore were not able to present - evidence on the necessary requirements at the hearing before The Board of Appeals. The petitioners believe that they can, in fact, meet the statutory requirements of M. G. L. Chapter 40A Section 10 f or the granting of a variance, and request that this Board allow them to LAW OFFICES OF re-appear before the Zoning Board of Appeals to present their REGINALD L MARDEN.P.C. new application. (See Revised Application attached as Exhibit 29 CENTRAL STREET C) ANDOVER,MASS. 01810 The petitioners also believe that they would be severely TEL: (617)470-0477 prejudiced by having to wait two ( 2) years before filing a new variance petition. As was stated above, the petitioners had adequate grounds for a variance at the first hearing, but were unfamiliar with the law and procedure involved, and therefore failed to demonstrate those grounds. Further, no prejudice will come to any other interested parties in this matter if a new hearing is allowed, as The Zoning Board acknowledged in its decision that neighbors of the petitioners supported the variance request, and no opposition was voiced at the first hearing. Allowing the petitioners to again appear before The Board of Appeals on this issue would be in the interest of fairness and justice, and would have no adverse affect on any of the parties involved. III, REQUEST FOR THE CONSENT OF THE PLANNING BOARD Pursuant to M. G. L. Chapter 40A Section 16, all but one of the members of this Board must consent to the petitioners request to re-appear before the Board of Appeals. By consenting to the within petition, this Board will be doing no more than allowing the petitioners to re-appear before the Board of Appeals, and in no way would this consent usurp any power or authority of the Board of Appeals. The petitioners therefore, respectfully request that this Board consent to the within petition, and allow them to proceed again with the application for a Variance before The Board of Appeals: Respectfully submitted, Daniel and Adele 'McConaghy by their attorney Tfi/e rden *1�Cffs 4.of Reginald L. Marden, P. C. 23 Central Street' Andover, MA. 01810 Telephone : 470-0477 LAW OFFICES OF REGINALD L MARDEN. P.C. 23 CENTRAL STREET ANDOVER, MASS. OISIO TRI..: (617)470.0477 EXHIBIT A ' TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD- OF APPEALS 4r•. •`�"`'" a�tice : + T•his application ,must be typewritten .. AP�PLWTfp6if9A8jELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE ►licant Daniel 4 Adele 'McC•ona'ghy ` Address 59 Appleton Street Application is he reby- made•. ......... (a) For a•_variance "from the requirements of"Section `" � Paragraph 2 � 1 j and -Table of the Zoning By-Laws . j (b) For- a .Special Permit under Section Paragraph of "the Zoning By-Laws . ( c) As a party aggrieved, for review of. a decision made by the . Building Inspector or other authority. (a) Premises affected are land x and building(s') x - numbered 59 Appleton Street Street . (b) Premises affected are property with frontage on the North ( ' I ) South { ) East ( ) West ( ) side of Street , and known. as No. Street. ( c) Premises affected- are in jjniin08 pis-trict R-2 and the premises affected have an area of square feet and frontage of square feet. owners-hip. L (al game and address.. of* owner (if joint ownership , give- all names ) : Daniel. & Adele McConaghv Date of purchase Previou's•.OwrterWill'iam .Broughton (b) If applicant is not owner , check his interest in the premises : . '..Prospective Purchaser Lesee Uther (explain) j Size of proposed building : front ; feet deep ; Height : • stories ; feet. (a ) Approximate date of erection : (b) Occupancy or use of each floor : (c) Type of construction ; Size of, xisting - bui1ding : �� feet front ; 24 feet deep ; Height : stori-es ; • 18 feet. (a Approximate date of erection: 1956 (bi Occupancy or use of each floor: Residential (c) Type of construction : Wood Has there been • a previous appeal , under zoning , on these premises ? No If so , when? Description of relief , sought on this petition Wish to divide our land into two lots having less than the re0ired �rpa _ Deed recorded in' the Registry "of Deeds in Book 1123 ='. Page or Land'_Co,ur•t Certificate No. Book Page The principal points upon which I base my application are as follows i•: .Must be stated-in detail ).' 1 The lots will be larger than ,others in the , area. ...Denial of ,the variance will re5mit in sotherwise. Granting the variance Will not be ' detrimental to the neighborhood -- or nullify the intent or y"—" P n1' the by taw off, . •' ' ... J I agree to pay for advertising -in newspaper and - incidental expenses*, Petitioner 's Signature Sec. - I APPLICATION FORM _. Every application for action .by the Board' shall be made on a form approved by the Board. -These-.'forms shall be furnished by the clerk`,. upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time - as it is made on the official application form. All in- formation called for by the form shall be. furnished by the applicant in the manner' therein prescribed. Every application shall be submitted with a list of "Parties in 'r Interest" which list shall include the petitioner , abutters , owners. of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on' the most recent applicable— tax ��.. list , notwithstanding that the land of any such owner is located in another city or town , the Planning Board of the city or town , and ! the Planning Board<_;)f every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 00. I•n addition , the petitioner shall be respon- sible for any and all - costs involved in `bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these , LIST OF PARTIES IN INTEREST Name Address aul & Virginia E .Dyer 41 Appleton lementine Lambert &Barbara Mary Smith, 58 Appleton Street can E. Stannard 97 Appleton alvatore & Doris Licciardello 113 Appleton Street ' lfred E. & Noreen M Feizelle . i', 131 Appleton Street . illiam O. & Mary `McDonald ^ -106 Appleton Street. y 77- Ti.. Obert H. & Eleanor 'M. Ha •:� -,_ 11 .100. Y a .100. Appl-eton 'Street_: ' idgely B.. & Fannie -''R:, Underwood 4 15 '3 Dale ,-Street _ ' . Ashton & Gwendolen - Smith 158 Dale Street ndrew 0. & Mary R . Moynihan 141 Dale Street ;� ( Use additional sheets if necessary) EXHIBIT B Any appeal snail De fllea Ri:�r:bGEG within (20) days after the 0AElIEL 1.0;;RG �3;;� �; date of filing of this Notic4 TC;;':, C�rRK !O:'A.•ar+ in the Office of the Tows hOF c' OVER Clerk. JUN' 15 I� 29 AM '83 �,,Tv TOWN OF NORTH ANDOVER MASSACHUSETTS i BOARD OF APPEALS NOTICE OF DECISION Date . . . . . . June 8 , 1983 Petition No.. 30 7.1.8 3. . . . . . . . .. . Date of Hearing. May. .9 , .1983. . . . . . . . Petition of . . . . . DANIEL AND ADELE McCONAGHY Premises affected . . 5 9 APP le ton Street. . . . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . .. Referring to the above petition for a variation from the requirements of the . . Zoning BX Law, Section 7, Paragraph 7. 1 and Table 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the .division of land from one lot- to two hg lots avin less than the required area. After a public hearing given on the above date, the Board of Appeals voted to . .DENY. . the pe.ti t.ion. . . . . . . . . . . . . . . . . . . . . . . . R � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . Ake xbrm% )bi 1l lei c"d im Signed Frank Serio, . gr..,. .Chairman Richard. .J.. .Trepanier, . Esg. Clerk {n1i11 gym. ,J.. .Sullivan. . . . . . . . . . . . . . . . Augustine. W, Nickerson. . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Any appeal shall be filed Y f NOR,« within (20) days after the date of filing of this Notio g p in the Office of the Towi 14 or"i ;. t,:=; OVER :� �F: Clerk. JUN ®® �1q' �' b.ne.r► JUN ,SSACNUs� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 8 , 1983 Air. Daniel Long, Town Clerk Petition No. 30- 183 Town Office Building Daniel and Adele McConaghy North Andover, Mass. 01845 59 Appleton Street Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, May 9 , 1983 upon the application of Daniel and Adele A1cConaghy. The hearing was advertised in the Lawrence Eagle Tribune on April 23 and 30 , 1983 and all abbuters were notified by regular mail. The following members were present' and voting: Frank Serio, Jr. , Chairman; Alfred E. Frizelle , Esq. , Vice Chairman ; Richard J. Trepanier, Esq. , Clerk ; William J. Sullivan; and Augustine W. Nickerson. The Board rendered their decision at a Special Meeting held on Monday evening, June 6 , 1983 with the following members present and voting: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq. , Clerk; William J. Sullivan; and Augustine W. Nickerson. The petitioner seeks a variance from the provisions of Section 7 , Paragraph 7. 1 and Table 2 of the Zoning By Law to permit the di- vision of land from one lot into two lots , having less than the required area, on premises located at 59 Appleton Street. The petitioner testified that he purchased the property in 1968. He proposes to create a new lot, shown as Lot 2 on the plan , of 28,400 square feet in area. The lot on which his dwelling is located, shown as Lot 1 on the plan, would consist of 33 , 400 square feet. Both lots would contain adequate frontage on Appleton Street and the setback requirements would be met for both lots. There are two deeds on record and the petitioner receives separate tax bills for the property. He further testified that there are several . lots ` in the neighborhood containing 20 ,000 square feet or less. The recent 100% re-valuation of property has increased his taxes so that he can no longer afford to keep the land open. Daniel and Adele McConaghy DAF:,EL II1ti� Petition No. 30- ' 83 TO':Ii June 8, 1983 N0R'i DUVER Page 2 JUN 29 AM X83 Several neighbors presented a letter supporting the petition and no opposition was voiced. A motion was made by Mr. Nickerson and seconded by Mr. Trepanier to grant the variance as requested. The motion failed, with member Nickerson voting in favor and mem- bers Serio, Trepanier, and Sullivan voting in opposition. Therefore, the petition is denied, pursuant to M.G.L. , Chapter 40-A, and the Zoning By Law of the Town of North Andover, Section 10 , Paragraph 10 . 4 (2) . In denying the petition , the Board finds that Section 10 .4 of the Zoning By Law has not been satisfied. Specifically , the Board finds that the evidence presented by the petitioner failed to show a hardship as required by Section 10. 4 of the Zoning By Law. Sincerely, .BDARD OF APPEALS (t Frank Serio, . , Chairman FS/jw Rece'iv' ed by Town Clerk : EXHIBIT C o�•�" w « s Date: TOWIV OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS Time : s CHUS!< Notice : This application must be typewritten APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant Daniel and Adele McCcnARhAddress59 Appleton St . , North Andover I . Application is hereby made ( a) For a variance from the requirements of Section 7 Paragraph 7 . 1 and Table 2 of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of the Zoning By-Laws . ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected are land X and building( s ) X numbered 59 Appleton Street Street . (b) Premises affected are property with frontage on the North ( ) South. ( X) East ( ) West (X ) side Of-Appleton Street Street , and known as No . 59 Appleton Street Street . ( c) Premises affected are in Zoning District R-2 and the premises affect.ed... have an area of 61 ,800 square feet and frontage of 295 square feet . 3. Ownership (al Name and address of owner ( if joint ownership , give all names ) : Daniel and Adele McConaghy Date of purchase January 1 , 1969Previous• Own_er. Wiliam Broughton r (b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4. Sizeof proposed building : front ; feet deep ; Height : stories ; feet. (a Approximate date of erection : (fl Occupancy or use of each floor : (c) Type of construction ; 5. Size of existing building : 70 feet front ; 24 feet deep ; Height : 1 stories.; 18 feet . (a) Approximate dat.e of erection : . 1956 (b) Occupancy or use of each floor : residential (c) Type of construction : wood frame 6. Has there been a previous appeal , under zoning , on these premises ? Yes ` If so , when? April , 1983 7. .De,scription of relief sought on this petition The petitioners seek permissions to alter the existing lot line dividing the two parcels , a,, to create _ a buildable lot having less than the required area district . 8. Deed recorded in the Registry of Deeds in. Book 1123 Page 426 or Land .,.Co.urt Certificate No.. Book Page The principal points upon which I base my application are as follows : (Must be stated in detail ) (See attached sheet ) I agree to pay for advertising in newspaper and incidental expenses* Petit'ioner ' s Signature Reginald Ls Marden, Attorney for petitioners Law Offices of Reginald L. Marden, P.C. , 23 Central Street , Sec. 1 APPLICATION FORM Andover, Ma. 01810 470-0477 Every application for action by the Board shall be made on a form approved by the Board. -These -forms shall be furnished by the clerk upon request . An.y communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner , abutters , owners., of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list , notwithstanding that the land of any such owner is located in another city or town , the Planning Board. of the city or town , and the Planning Board of every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25 . 00 . In addition , the petitioner shall be respon- sible for any and all costs involved in bringing. the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address Paul & Virginia E. Dyer 41 Appleton Street Clementine Lambert & Barbara Mary Smith 58 Appleton Street Jean E. Stannard 97 Appleton Street Salvatore & Doris Licciardello 113 Appleton Street Alfred E. & Noreen M. Frizelle 131 Appleton Street William J. & Mary McDonald 106 Appleton Street ` Robert B. & Eleanor M. flay 100 Appleton Street Ridgely B. & Fannie R. Underwood 153 Dale Street R. Ashton & Gwendolen Smith 158 Dale Street Andrew J . & Mary R. Moynihan 141 Dale Street ( Use additional sheets if necessary) ATTACHMENT The principal points upon which I base my application are as follows : The Petitioners own two adjoining parcels of land located at 59 Appleton Street , being described on The Town of Andover As- sesors Map at Map 0378 , Blocks 0033 and 0034, respectively. The Petitioners ' home is located on the parcel designated as Block 0034, and Block 0033 is vacant , with the exception of an encroach- ment of approximately 5-10 feet of a driveway and septic system. The Petitioners are seeking a variance from this Board to allow them to slightly alter the present lot line where the parcels abut , in order to turn what is now a vacant , unuseable lot , into a buildable lot . A variance is required, as a separation of the two lots would leave both lots having less than the required square footage in an R-2 District. The Petitioners believe that a literal enforcement of the By-Law as to the parcels in question would unquestionably result in substantial financial hardship to them. As was stated above , the parcels are treated separately by the assessors office , re- sulting in tax bills on each parcel . Due to the recent revalua- tion of property due to Proposition 22, the tax bill for the vacant parcel has gone up dramatically. Although the parcel is presently vacant and unbuildable , the assessed value of the parcel exceeds $25 ,000.00. The Petitioners are faced with a LAW OFFICES OF REGINALD L MARDEN. P.C. 23 CENTRAL STREET ANDOVER,MASS.01810 -1- TELt (617)470.0477 serious financial hardship because of the taxes due and payable on the unbuildable lot. A variance would allow the Petitioners to sell the parcel , thereby alleviating the financial hardship on them. Without a.variance, the Petitioners will in all likli- hood have to sell their home as they simply cannot meet the ad- ditional financial burden. The Petitioners believe that the variance could be granted without substantial detriment to the public and without nullify- ing or substantially derogating from the intent or purpose of the By-Law. First , the proposed lots would contain 28 ,400 square feet and 33 ,400 square feet respectively. Both lots would contain adequate frontage and setbacks to satisfy the By-Law. It is im- portant to note that the parcel in question is abutted on the east and south-east by land zoned R-3 , which has a lot area re- quirement of 25 ,000 square feet . Second, the lot areas of many of the properties in the Petitioners ' neighborhood contain less than 25 ,000 square feet . Finally, the Petitioners ' property abuts an electric company easement to the east and south. Be- cause of these factors , the Petitioners believe that the Variance could be granted without derogating from or nullifying the intent of the By-haw. The Petioners , therefore , respectfully request that this Board grant a variance in this instance . The financial hardship facing the Petitioners is grave and immediate. ' Without this LAW OFFICES OF variance they will in all liklihood be forced to sell the home REGINALD L.MARDEN. P.C. 23 CENTRAL STREET ANDOVER, MASS.01810 -2- TEL: (617)470.0477 in which they have lived for almost fifteen years . Moreover, the relief sought would in no way disrupt the surrounding neigh- borhood, and would most likely result in more tax dollars being paid to the Town of North Andover. In conclusion, the relief sought is both proper and reasonable , and would benefit both the Petitioners and the Town of North Andover. LAW OFFICES OF REGINALD L MARDEN, P.C. 23 CENTRAL STREET ANDOVER, MASS. O18f0 -3- TZU (617)470.0477 AWN MH r`'tr TOWN OF NORTH ANDOVER 4"` MASSACHUSETTS p�l� f NORTH 1 OCT 3? O F ;i Re4 �► °++r.o 00 �SSAGHUSES October 5 , 1983 Mr, Daniel Long , Town Clerk Town Office Building North Andover; Mass . 01845 Re : Daniel. and Adele ticConaghy 59 Appleton Street Dear Mr . Long : The Planning Board held a public hearing .on Monday evening, October 3 , 1983 on the petition of Daniel and Adele McConaghy . The hearing was advertised in the North Andover Citizen on September 15 and 22 , 1983 and all abutters were notified by regular mail . The following . members were present and voting : Michael P . Roberts ; Vice Chairman ; John A . James , Jr . , Esq . , Clerk ; John J . Burke.; and Erich W . Nitzsche . The petitioners are requesting the consent of the Planning Board to resubmit a petition for a variance to theiNorth Andover. Zoning Board of Appeals , pursuant to M .G . L . Chapter 40-A, Section 16 and the North Andover Zoning By Law , Section 10 , Paragraph 10 . 8. The petitioners testified through counsel that they were denied a variance to subdivide their property into two lots on June 6 , 1983 , being Petition No . 30- ' 83 . The property is located .in the R-2 zoning district at 59 Appleton Street . Without the consent of the Planning Board , they would be forced to wait two years before resubmitting their request . Upon a motion made by Mr . Burke and seconded by Mr . James , the Board voted unanimously to grant permission to the petitioners to re-apply for a variance to the Board of Appeals for property located at 59 Appleton Street . Si ncerel , Michael P . Roberts , Vice Chairman jw i LAW OFFICES OF REGINALD L. MARDEN, P.C. 23 CENTRAL STREET ANDOVER. MASSACHUSETTS 01810 REGINALD L. MARDEN TEL. (617) 470-0477 STEPHEN J. BANDOIAN WILLIAM W. CORCORAN OF COUNSEL CHARLES F. FOSTER MARK B. JOHNSON GEORGE A. RAND September 2, 1983 pgeg Mr . Paul Hedstrom, Chairman North Andover Planning Board Town Hall North Andover, MA. 01845 RE: Daniel McConaghy & Adele McConaghy Dear Mr. Hedstrom: In reference to the petition of Daniel and Adele McConaghy and the hearing that was held on Monday, August 29, 1983. It was revealed at that hearing that one member of the Zoning Board of Appeals , who lived in the area of this lot, participated in the hearing and deliberations on this matter and then withdrew prior to the decision, apparently believing there was a conflict of interest. I am now advised that that member of the board of appeals spoke against my client ' s petition at the hearing, prior to withdrawing from the case. This may have influencedjother members of the board of appeals . Please note that I was not in attendance at the referenced meeting. This information is based upon information I have obtained from my clients . Very truly yours, Reginald L. Marden RLM:dw cc: Daniel & Adele McConaghy NORTH ANDOVER BUILDING DEPARTMENT NORrM � 120 MAIN STREET 3? '�' '=>t���` 0 NORTH ANDOVER, MA 01843 a SSS Hus INSPECTOR OF BuILDINGs TEL. 688-8102 ELECTRICAL INSPECTOR GAS INSPECTOR May 9, 1983 Board of Appeals Town Office Building North Andover, Ma. Re: Petition of Daniel McConaghy Gentlemen: Mr. McConaghy was referred to your Board because his proposed lots did not have the necessary area. Very truly yours, CHARLES H. FOSTER INSPECTOR OF BUILDINGS CHF:of ReceN-e d- by; Town Clerk . 3 •�' '• - 01 - Datez_ IV EDSTOWN OF NORTH ANDOVER, MASSACHUSETTS =�o BOARD OF APPEALS Time .Fi r i:tJ� t1 y ,SSACMUSEt� "' Noti c-, T-hi s a-ppl i cation must be typewritten IV APPL-IMtfON , RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE - Applicant Daniel & A-dele McConaghy Address 5"9 Appleton -Street 1 . Application is hereby- made (a) For a variance "from the requirements ofSection _."7 ' Paragraph 7 . 1 2 and Table of the Zoning By-Laws . (b) For a Special Permit under Section Paragraph of "the Zoning By-Laws . ( c) As a party aggrieve-d , for review of. a decision. made by the Building Inspector or other authority . 2 . ( a) Premises affected are land x and building(s) x numbered 59 Appleton Street Street . (b) Premises affected are property with frontage on the North ( ) South ( -) - East ( )- West ( ) s-i de of - -Street , and known as No . Street . ( c) Premises affected- are in 7�onignng Dis-trict R-2 and the p-remises. affected have an area of square feet and frontage of square feet . 3. Ownership (a)' Mame and address of owner (if joint ownership , give all na°mes ) : Daniel & Adele McConaghy (RAessaoau shays LPuO . q .pP n ) �o 4aa.z4S aT'�d TtT uegTUA0.H �f zeW • 0 MaapuV 4� . S uTUI a. op9m uV uo4ysV • d / laa,x4S aTEa S5T T D 4a;a z S area £ ST poomiapuD �* H., aTuue3 V •g �fTabpT� it q as z"�S: uo aTddy ,OOT.. : .. -f �CeH . . W �"P9T3 V '9 '4jaq°2i oW: �faeW V • C wpTTTTM uo� add 4aaa4S T V 90T PTeuoQ 1 tae z�S uo4aTddV TET 91TazTJi W uaaaoN V • 3 P9JJTV 1 t �aa.z�S uo�.aTddV STT 0TTGPJPT00T1 STaoa V GJ04PnTPS v i The principal points upon which I base my application are as follows :., . (Must be stated- in detail ) , � The lots will be larger than •others in the area. Denial of .the variance will result in substantial hardship , financial and otherwise . Granting the variance will not be detrimental to the neighborhood or nullify the intent or purpose 6f the h)4-1 ave I agree to pay for advertising in newspaper and - incidental expenses* Petitioner ' s Signature Sec. 1 APPLICATIOiN FORM Every application for action by the Board shall be made on a form approved by the Board. -These._-.forms shall be furnished by the clerk upon request . An.y communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be, furnished by the applicant in the manner' therein prescribed. Every- application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner , abutters , owners, of land directly opposite on any public or private street or way , i and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable- ! tax list , notwithstanding that the land of any such owner is located in - another city or town , the Planning/Board of the city or town , and the Planning Board of every abutting city or town . * Every application shall be submitted with an'- application charge cost in the amount of $25 . 00 . I•n addition , the .-.petitioner shall .- be respon- sible for any and- all - costs involved in `•bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address ✓ Paul & Virginia E Dyer 41 Appleton l Clementine Lambert & Barbara Mary Smith 58 Appleton Street Jean E . Stannard 97 Appleton May 7 , 1983 We, as neighbors of Daniel McConaghy , 59 Appleton Street , North Andover , do not object to the variance requested by Mr. and Mrs . Daniel McConaghy . II r f i Z,64 \ 40RTH L A ' ;,SSACMUStS . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS May 17 , 19 8 j Members Board of Appeals North Andover, Mass . Re : Petition . of Daniel McConaghy - Appleton Street Dear Members: The Board of Appeals will hold a Special Meeting on Monday, June 6 , 1983 at 7: 00 p.m. in the Town Hall for the purpose of rendering a decision for the above captioned petition. -If you cannot attend this meeting, please call the office at 685-4775 . Sincerely, -BOARD OF APPEALS / Frank 'Serio, Jr. , Chairman FS/jw cc Mr. Daniel McConaghy CE EAGLE-TRIBUNE, I; "" (� }.I' HAV..ERHILL 6`6111 2 fat, Applique �l1ul'l t1 I near,;Mernmack r+ BRADFORD -c �, Q renovating.$26,000( rian.2 bedrooms 19, 686.2911 - ! �� a available 1'373 686 2nd,modern.Garan p v M % .�. Ti S' } I,HOUSE LOOK INTO THIS s' Cjall - , 01 W$ x ; D'._t SOREFFQ a It 2.master sive housing,7 rogi 1� for investment Prow lths, Pool, rooms,new furnacM 17, Call the vrofessionaL ack Yard. insulation.. ' < SID"SOREFF Lawrence TWO FAMILY on a' , ALTY Spotless,modern t'j Eagle•Tribunea ;k• � bath, deck, 2 sts, ,:;, Businesses For Sal Country setting T eautifullY .$360monthly. "#12 UNITMOThy 'iron;, on BRADFORD Qu r' . ,, 4BEDROOMH Bedrooms, .•. Salem N.H.-Nets$40 inditioning, rian with small '; expenses. Asking F 1,900 Owner 7 beautifu. r ,Principals,603-893-7t bedrooms, 2 ba - LU L EALTORS room,2 stall garaet- lr.475 5970 t - BRIumig rSaas Nl �.j. ./'s VD sona6iY • , always busy.G.B.S.ktr °�` - BEN CONSOLI a '°�.L COIN LAUNDRY vee Ver l l 1-372-9171 toll fret ��4 _ priced'less .than e it ow All,real estate acJver ° . • G,8:5.603-893-3340 st. $59,900. DI AN REP 1<a:+ FLORIST SHOP So 1.212_ 434 Main St.Haver!- tising in this newspaper:is attractive.Must see 3750ei subject to the Federal a G:B.S.(603)893 3348 GROVELAND-3 c Fair Housing Act of,1968 FULLY E.QUIPPC} EM Cape. Large fire'), which makes it,illegal to • . 'bom Gam- room,dining root � �' cleaning and tailoril cious bed- ting.Newly listedl advertise "any prefer ., inclnesuded. Inventory and living room, HAVERHILL-Rat: ence, limitation or'dis ' 9 s50.,000d.Ownerwilli, i,attractive condition with fit a�z s ,: U� lower level, level.Owner reloc crimination based on qn, a'•. ., CLAYTON'S ped garage. • ' 11893-4544. or 682 e 5115,000 PLA STOW-3 bd race, color, religion,,w level Ranch.Fire, or national origin, or an e s HEALTH CLUB -Go IALIBY room with wooe rnatgin, N.B.S.. .603 893Hlocahoi! 03-893-4161 location................. intention to make any to-sell.G VA ULE orf CARLSON R.E. such preference, limits- ICE`CREAM 3 Parlo bath Village 1086. Malls.owner bath With.fin HAVERHILL tion or discrimination." G.B:S.(603)893-3348 Owner.Excellent This newspaper will ower level. condition. Mod6 �D n " in market and baths.5 and not knowingly accept a Ace (!,Oaa NIGHT CLUB Very"'al 3 attic rooms fe advertising for real es - Lot;parking.`Live e TY 475-0010 Small yard. Prat tate which is in violation Teach a tot to know all.the men;.G.B.S.(603)893. )USE- sale atm of the law. Our readers animals with this quilt! ER ]40 Business fox, i Bunn cow,ale Kant . G.9 estabhs ed and III home on FlaWEess 12 year are hereby informed that p g y; p . AVI '.S.1.603-893 33488 lot. Lathe guilt 5 room c all dwellings advertised and more are•easy to applique cks, ,14x18 and embroider on 8">t9" PET STORE Mall I huge fire Ranch on /� a< in this newspaper are high gross. Owner irl development. F blocks. Pattern 7086 tissue week.G.B.S.603-893-i 1....$149,900. ing room, all Il available' on an equal transfer of .20 motif,'for RESTAURANT Grosf 685 1067 oversized bedro opportunity basis. 42"x51"quilt; dlreCtOnS'. $250000. Seats 86 ad!oining bath, $2.50 for each pattern Add ;=down:G.B.S.(603)893' with remote, !, 504. each pattern I'X postage- able Village rough studded Send to S0.LAWRENCE 0 , bath for bath, p+ and ha.ndIT nPh Including eawpment r ihed family bedroom,famil! Alice Brooks nishmgs Ideal famil> nced,furni- tainment area: The Eagle-Tribune.g Pattern Dept 114 tion with potential fa $61,500. $71,900. requests thot silver LAWRENCE EAGLE TRIBUNE business expansion LAWR i Hom RICHARD C q Box 163;Old Chelsea Sta.i New Harvest of ,EALTY REALTY tilers check their 6824835 2 York,-NY 10113. Print., 2 OPEN HOUSE advertisements Address,-Tp, Pattern Number. VENETIAN Blind Lad . Flawless 2 yea . upon publication as Yes!'Iwanttosee'more crafts,send year old kronen bust moneymaker!Retlnn `. Ranch,2 stall gi the Ea le-Tribune me your new 1983 NEEDLECRAFT will'train and finance cathedral cell g CATALOG. 1550 designs; 3•free BANNER REALTY condition,$71,9 can not be respon- patterns.Only$i a0 YOUR SEARCH IS 4 Contempo Bible for more than ALL CRAFT 52.00 each Desirable?rriarket m DIRECTIONS: All Books and Catalog—add,501 locate B in conve- to Exit 50, sir, one incorrect inser- an tlf g .,Gre ten _ ed each for postage d han m ow bass., at ao = monument,left tion, and there shall ' DRM,r^ - $87,800. to 12 Srvbny A% 135 Dolls 6 Clothes On Parade. .t,SAN A DAWAL-:- new condi be no'liability for 13414 Quick Machine Quilts REAL ESTATE 603-11 Richard Gue 133-Fashion;Home Quilting $83,900. 685- non-insertion of any 132-Quill(Originals Houses for Sat' Two Family THREE bedroi advertisement. 131-Add a Block Quilts Andover on.$110,000. beautiful I acnr 129-Quiek'n':EasyTransfers ACADEMYA.AREA Bradford 128 Envelope Patchwork Quilts.. newly decorated 6 3; 686-3653 26-Thrifty Crafty Flowers fireplaced Irving roomr: �iJing oppor- THREE bedroc EGAL NOTIC 121 Pillow$how-0fls 4 rooms 2canattachedt- placed living r !stment at 16Crochet with Squares` almost,,I .acre+got stage,beautn s 2 bedroom g TOWN OF`.NO.ANDOVER 17-Easy Art of'Needlep0int . condition:'A charmin mall,unique Ar 1 at $125K.'Record add: irdetails!$ FOUR bedroor BOARD.OFAPPEALS 114-Cornplete`Afghans sa9e,475-6222;e heating systet NOTICE 112-Prize Afghans " "I 75-8600 ANDOVER-New Exci whistle .•.••••. April 21,1983 111 Easy-.Art of Hairpin-Crahet Exceptional Split W HOMES EXECUTIVE.; Notice is hereby given 110 16 My Rugs , town.Family area $1 that the'Board of Appeals 108-Instant Macrame New.Exclusive India; 5 executive net. will give a hearing at the 1 011ns`ant-SentingCountry. tub Gorgeoil — In-town door heated j Town Building, North An- f; center en pool.. dover, on Mondayavenin 106 tstant.t?ashlon front .coonial Huge+ center . g` 1114-Instant Money bedroorn with deck.,$2 $118,900 TWO FAMILYI the 9th day of May 1983,at New Construchon'.G6 103.15 Quilts for Todaro; , ESTATE Real money,, 7:30 p.m.o'clock,to all par- Mown and highways A[ 687 3002 125..................1 ties interested in the appeal APRIL garage ;colonial i $1 _Resale in of DANIEL-&•ADELE Me- } Windemere Dr y; MAIN ST. l CONAGHY, requesting a S, T tW T i.F• S ANS y ! is close to , DOVER Agenc 47; M ' o perfection: family, near; (variation of Sec. 7, para. - 1 2 �� cede.Gas Big Yard. M, 7,1 &Table.2'of the Zoning '' ANDOVER`il Bartlettl $58,900.Make By Law so;as to permit the <3 4 5 6 7 8 9 room cottage zoned�fd 1 ' division of land into two lots 10 11 12 13 14 15 16 nes$ For-sale as ls.$, cv 475=1963 INDUSTRIAL haven less than the. re- Nobrokers.-4 'r - building will g 17 18 1,9 20 21:22 23 LALLY,REAL EST, i - 7 room $49,900.Own( quiead area,on the prem- I 475-0202 or 475-d l urge living ises, located at 59 24 25 26 27 28 29 30 ANDOVER OPEN HQ gmdow, en MORRI Appleton Street ' , REALTOR By Order of the RL1 c SAT.AND SUN.1 room with —FOREST..RIDGE EST j 'C��z'ti,......-•..,--^"'^'--- -. ..�•+�..w�.�-z.. i = +„�..,+*�. •...,r,.,.�,. +'^^t�'`r�..-'-art^ .. ., CITY:"OF-LAWRENCEXa ``.+ ,. PROFESSIO ` x ` IN CITY AOUNCIIC 3 'LEGAL NOTIC R. -i-Units office s ORDERED THAT:7h fol TOWN OF NO ANDOVER Brooks Prope 'BOARD OF APPEALS n . r lowing appropriations be -. dr a and,they.«are hereby_made ` NOTICE t for the purposes stated: V " ` 'April 24 1983 ' ,Investme r Bl, Notice is� hereby"given 34 Bellevue Cemetery=Ad �� , that tb6 Board of "SID:' SOREI T ministrative Salaries for invesimenf r .will ive"a hearing at the r._ _fir + ,�, -, $13,500 00 g g Call the vrofes »; ! t • � y • Bellevue Cemetery.—La- Town,Building, North An. dover, on.Monda "avenin r • - made+fro appropriaboreis Wages 1.tions to be f May 1983,at 1, 6 4911� e 9th-day o M s Fc e,7:30 .m.o'clock,to all par- ✓BS p us nesse t fly Want Ada" ties interested in the.appeal e i- the Bellevue Cemetery CAR Cleaning-t 5 4 Days :3.9)6. Trust Funds Interest In of DANIEL' & A[1ELE Me- traded accout a hol Des .:6.'50 CONAGHY; requesting a Days come Accounts g` $9,000 G.B.S. btt maximum price..of Attest variation'of Sec. 7, para. l and address Gr phone' `3 ( ' ` 7,t•&Table 2 of the ZoningCARD/GIFT.t ! UOSEPH R.SMITH, P e Grosses $30 7 :4tt r included.in ad +err t . City Clerk By.Law so as to ermit the kb. division of land mto•two lots appearance. rence U919-Tribune E.-T,' April 30;1983 } g having ,less than`;the re- ESSEX ST,M1 I r CITY OF LAWRENCE quire'd area on the.prem and remnant b ` t t ,. ises,.. located tat' 594 BERKELE' r ass Huggable! B 2oaRC CITY HALL, ; Appleton Street b�rCoommerc '.BOARD } ROOM By Order of the E.Pepe g , , April25,�1983 s On June 21, 1983,,an ,., ,. SBoard of Appeals FLORIST SHOE t election will be held for the '` FRANK•SERIO,.JR., -aft active.rve.Mul ?.: hChairman S•(603)8, second member otthe'Law t rents Retirement')Bo d E'=T Apr.'23 30, 1983 IFULLY%EQU e , '_��, TAURANTin tI f Voting will ,be held ro -.:1 beer and "win 7 F.: 8.30 &m.-until 4:30 p.m. in TY OF LAWRENCE r® the Ctt Council Chambeis, Located on ma Y in high traffic.a /-� City Hall. • f E CONTRACT CLAY10 t L 7; ' Members. in and ersons IN CITY COUNCIL` 893_ N f p4x44�. d retired from -such system „ April 26, 1983 ' FULLY Eqf fi is hereb givenwho,:wish to apply for a Notice y. g cleaning and ° that;the Purchasing Agent t r :� I position on the Board,must ness Inventor, file their applications no lit intends to award a contract. included.Ownt i r er than May 3A,'-,1§63,,at• for Two (2) 1983 Crown $50,000 t p x 4:30 p m t,. Victoria 4=Door Sedans for CLAYTON THOMAS J:RYAN .,the Police j Department 893-45441 I throw h-the Greater Boston Ch it Police until;,Collective m a EALTH.CL'l man, Co. argin,,N.H$ I , t Jr E.-T. Apr.'29,'30;May 1,1983 �k Bid from Natick Auto Sales, fo sell.G.B.S.6 'COMMONWEALTH'OF Inc!;ONatick,Massachusetts, , 'MASSACHUSETTS' 10E:C.REAM a,_, for the total cost of LAND COURT. Malls.Owner t: a+ $20 252.00 t: ' :( ;+ ^ G.B.S;(603)89 ,DEPARTMENT The Mayor was authorized a a OF. MANUEACTU ! million L) �+C r.; for the Ctty t �do�cumen s partner gross O Tact t i (SEAL) +� Essex,ss_ ase No. 109952 �I Attest +at ARMAND L.'DUBOIS,et.el r. OVER'140 Bf JOSEPH R.'SMITH ),7285 < -Plaintiff(s) ,"rf ,,City Clerk' All establish' _ vs.t, G.&S.-T-603 x r E=T April 30,1983 DELPHINE Dl1MONT, PAINT & f r t f F Fj deceased;et ais . . ;`STORE in S J Defendant(s)' NOTICE OF.MEETING -Call 893-8628" To all.whomi it may con- ,'NOUce'is'hereby given PET STORE J_ >a c4 and to DELPHINE DU= that on;-Wednesday,,May , high gross. O week.G.B.S.d. ,.•MONT 11 1983 %Publi Hearin deceased;form 'r a c el . : .bf',Methuen,^County;.of-.Es- of.the Lawrence:Conserva= a a •, �U�• a sex; LEO,A.'DUMONT,'EM; tion Commission will take '1 ILE r.A '`DUMONT r and place m• the-"conference I Ef. tr ,.. r;� NAPOLEON ',J.• DUMONT, room i o�f}e the Lawrence + aIf now or formerly.of Me- Community Development °t PIZI "l) th'uen,County of Essex all Office ;.The meetings is '� ;•w FullY.equippe said .Commonwealth; SR: scheduled for 7 00 p m +�t +• Shop with di ,13,tiaPK ROSE DUMONT,' 'now' or F AGENDA ern ihrougho ' formerly •.of Cartierville, Development of Andover*excellent con e�, _u,"" vti" t „ Montreal,:.P.C1 ..Canada,cdr StreetOpclustnal Park., is help finance. Surprises a. lihle girl<with their heirs;de'viiees or legal 6uan6e of-'Order of_Condi'`be sold!Make 1 , .14-iss'Hi ggable=Gur favorite! representatives tion x r She has Tats of old fashioned You are hereby notified '-Development of site ad SORBO� charm from her pretty mop caps that a cd"mplamt brought jacent to=Rte' 114 and Rte. 30 Lawrenc� ). �tof-67ruffled dress and pinafore under General Laws;'Chap '495 `Preliminary Rewew. 683 6998 68 _ Jun- to-,make!;;Pattern.7285 ter 60 nSectlon •80B{has t,.Development of,Land off ' tissue,pattern­pieces for doll been filed .b the.above Marston"Street' 'Deter' PIZZA N.H:{{ YOwner finant about,25; and clothes ' ` ed'plaintiff m which yo rrii t!o 'of Appli bilit 3)g, nam u ria n ca y G.B.S.(60 � •a =250„for ,each pattern. ,Add, are interested._. .;Development.of Land off 'RE JA e named as an STAURA 50t each pattern-for postage Party.,;This complaint con Ferry Street, Determ!n- .5250000. S S terns”land in Methuen,Lots Ation of Applicabdit .`; �anfi. handlirtg Send to: X .down.G8,5. *+ Alice Brooks 879,,880,926 and 9?7 on a' E-T;Apr.30,.May2 4,1983 VENETIANA f° "Pattern Det 112 `; Plan of land of,.Piedmont. ., ,. t? t -year old prq LAWRENCE EAGLE TRIBUNE Terrace,.Section C, dated :iLEGAL NOTICE , i,, moneymaker b 1910 and recorded with the Th61'.'Merrimack''Valley will train and 60x•163,Old Chelsea Sta.,New North,District Essek'Count Re ional:;Transit Authont York,'NC'101'13 Print`Name, Y• g Y.18ANNER RE Registry.•of,Deeds, Book of. is amending its•;FY83 pro- a ` • Plans No •',Page No.56. ram of,iroj'ec'ts.tb include d;.• House! Address Zip,;Pattern Ntimber Yes! w.anttoseemore-crafts,send See tax ihstrument dated, the <followln ,•planning An. ' me your new 1983 N gEDCECRAFT October 1, 1929 :dui .re,-items ,.,Com letion't oPlaa ADEMY } Y i p CATALOG. 150 designs,-3'free corded with ex (North Trans,t .Oevelopmen new v ecor patterns'_Only.$1 50 ,_�, . ern District) ' County $40 000;Methuen Gommut- fireplaced liv) r i• AWCRAif'BOOBS.•E2.00 each Registry` of Deeds Book er Rail• Study $25;000. •rooms,2 car All•books and Catalog-add 50t 5 ,Page 32 „.:These ,terns will not affect al f'1 r^s 4You are.re2wred to show "projects; alread ro- cond tion.':A G each for andHhandling. . qy - P ' cause Why you should not rammed as an additional.,at $125K..Re " I a •135 Dd15 8 Clothes On Parade bring aetion to try any claim •-gram '•of Section 9A sage,475'622 f,134.14 Quick,Michine`Quiits or claims.which you may funds is';expected Com ANDOVER-, 3•_ 133•Fashion'HGmeOuiltin¢_ �.: ____ ._ _ _ _.._. ,