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HomeMy WebLinkAboutMiscellaneous - 78 EQUESTRIAN DRIVE 4/30/2018 (2)O 00 M b m O cn, N D O Z O D O < O m c�ldtr am o N rt H F-' a(D v z vo O c� n a Cr7 N• p trl OH. � � G ON rD i r w r+ rt N• N• w �d n we x w H i �,SSACNUSEt� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS December 29, 1994 Joel B. Bard, Esquire Kopelman and Paige, P.C. 101 Arch Street Boston, MA 02110-1137 Re: Mark Nichols, et al. v. Frank Serio, Jr., et al. (Town of North Andover Zoning Board of Appeals) and Michael Pellegrini Essex Superior Court, C.S. No. 94-1262 Dear Atty. Bard: Pursuant to your letter dated November 16, 1994 regarding the above - referenced matter, please be advised that the North Andover Zoning Board of Appeals voted at their December 13, 1994 to agree to the settlement as referred to in the letter from Town Counsel dated November 16, 1994 on behalf of the Town. The motion to agree was made by Mr. Soule and seconded by Mr. Vivenzio. The vote was unanimous. Voting in favor was: Mr. Sullivan, Mr. Soule, Mr. Ford, Mr. Pallone and Mr. Vivenzio. A copy of the executed minutes of December 13, 1994 will be forwarded to you in the very near future. Should you have any questions, or if this office can assist you further, please do not hesitate to contact us. Very truly yours, ZONING BOARD OF APPEALS I IIi William J.;Sullivan Chairman / dmd LEONARD KOPELMAN KOPELMAN AND PAIGE, P.C. DONALD G. PAIGE ELIZABETH A. LANE ATTORNEYS AT LAW JOYCE FRANK JOHN W. GIORGIO 101 ARCH STREET BARBARA J. SAINT ANDRE JOEL B. BARD BOSTON. MASSACHUSETTS 02110-1137 EVERETT J. MARDER PATRICK J. COSTELLO BOSTON OFFICE 16171 951-0007 FAX 16171 951-2735 JOSEPH L. TEHAN, JR. WILLIAM HEWIG III NORTHAMPTON OFFICE THERESA M. DOWDY 14131 585-8632 WORCESTER OFFICE 15081 752-0203 November 16, 1994 Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 DEBORAH A. ELIASON JEANNE S. MCKNIGHT JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS DAVID J. DONESKI SANDRA CHARTON BRIAN W. RILEY MARY L. GIORGIO KATHLEEN E. CONNOLLY JOHN G. GANNON KURT B. FLIEGAUF MICHELE E. RANDAZZO Re: Mark Nichols, et al. v. Frank Serio, Jr., et al. (Town of North Andover Zoning Board of Appeals) and Michael Pellegrini Essex Superior Court, C.A. No. 94-1262 Dear Members of the Zoning Board of Appeals: The above matter is an appeal by the Nicholses of the grant of a variance to the Pellegrinis. Counsel for the plaintiffs has informed me that the parties are settling this (and another) case and have agreed to annul the variance. I am writing to seek your authorization to agree to this action. Since the variance recipients (Pellegrinis) are willing to give up their variance, I recommend that you agree to this settlement. Do not hesitate to contact me if you have any questions in this regard. JBB/bp cc: Town Manager 0_" I, M M le4� j Very truly yours, Jbel B. Bard PRINTED ON RECYCLED PAPER o DNOV 1 7 1994 BOARD Of APPEALS RECEIVED DANIEL L34G • ?: TORN CLERK . o. APRIM } tipOVER Y Q � 43 p� � ►►sgcnue�',l TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the. date of filing of t .is Notice in the Office of the Town Clerk. Date ..May 20, 1994 ............. Petition No....016-94.......... Date of Hearing.May. 10, .1994..... Petition of ..Lauri.e..and. Michael. Pellegrini ............................................ Premises affected . Lot .20A. Equestrian Drive ............................................ Referring to the above petition for a variation from the requirements of thW.. Se.c.tion. 7,... . Paragraph 7.3 and Table 2 of the Zoning Bylaw .............. so as to permit relief of ten (10) feet for the front yard setback requirement. After a public hearing given on the above date, the Board of Appeals voted to ... GRANT.... the ..variance and hereby authorize the Building Inspector to issue a pest to ,..Laurie. and.Michael Pellegrini.. ........................................... The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Signed 7 ' d✓�� Serio Jr�� Chairman William_Sgllivap.,..Vice-7chairman ....... Walter. Soule, . Clex.k ........ ..... .. Robert. Far.d ................ ...John.Pallone............... Board of Appeals •• r Q NORTH 9 ,,,ED 16.64, 43 p OF�iEO EGP"``'�y �9SSACHUSe TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed within (20) clays after the date ofi';c-, c i is f voice in the Oi i ice of the Town Clerk. BOARD OF APPEALS ***************************** * Laurie & Michael Pellegrini * DECISION 69 Perry Road Bedford, NH 03110 * Petition #016-94 * ***************************** The Board Of Appeals held a public hearing on Tuesday evening, May 10 continued from April 12, 1994 upon the application of Laurie and Michael Pellegrini requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ten (10) feet for the front yard setback requirement on the premises located at Lot 20A Equestrian Drive. The following members were present and voting: Frank Serio, Jr., William Sullivan, Jr., Walter Soule, Clerk, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on March 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Pallone to DENY the variance, the motion failed 2-3. Serio, Sullivan, and Pallone were against. Upon a motion by Mr. Ford and seconded by Mr. Sullivan, the Board voted unanimously to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 20th day of May 1994. BOARD OF APPEALS L"� 1",-� /"I 14 Frank Serio, J Chairman O' El EVVE�' t' N Received by Town Clerk:' 4A AR TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS.. APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Taure a PPlleariniAddress 69 Perry Road BPafNH ILL Tel. No. (60 3) 471-0313 1. Application is hereby made: a) For a variance from the requirements of Section 7.3 Paragraph 1 and Table 2_ of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2• a) Premises affected are land and building (s) numbered Lot 20A E uestrian Drive Street. h frontage on the b) Premises affected are property wit) side of North ( ) South ( ) East ( X) West Equestrian Drive S&K"-K• Lot 20a Ecfuestrian Drive Street, and known as No. Street. C) Premises affected are in Zoning District R-2 and the premises affected have an area of _57_E849 square fees and frontage of 150.00 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Date of Purchase Previous owner b) 1 if applicant 1s not owner, check his/her interest in the premises: Lessee o Other Prose_ ective Purchaser Po-_ 2• Letter offauthorizationmor Variance/Special reC7Llred . 4. Size o= proposed bu_lding: 70' front; 24 feet deep; �. stories; 35 (max) =eet. Healy 2 _ ` a) Approximate date of erection: aUMM2r 1994 b) Occupancy or use of each `1oor: residential 1 ; C) Type of construction: Wood fr m o on a 0 5. Has there been a previous appeal, under zoning, on these premises? No If so, when? 6. Description of relief sought on this petition Reduce the front setback from 30 feet to 20 feet in order to minimi environmental impact. 7. Deed recorded in the Registry of Deeds in Book 2061 Page _A4 Land Court Certificate No. Book Page The principal points upon which I base�:my application are as follows: (must be stated in detail) ro ,cc,�pdmhP PaLe-rini's The lot was created in 1985 and permit g were unable to build due to the severe medical probelms_of_ h ,r son at birth They now want to build and cannot comps with the new more stringent environemntal (local) bvlawc The moil wetlands, and shape of the lot causes this situation. Without the setback variance\ I agree to pay the filing fee, advertising in newspaper, and rr incidental expenses* 1; rJ ` , ,e lam. / Signatifre of oner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon recruest. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the located in another city or town, the land of any such owner is 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 costvolved in bringing inthe 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 pet_tion will be brought be -ore the Board unless said plan has been submitted. Copies o� the Board's requirements regarding plans are attached hereto o= are available from the Board of Appeals upon request. Rev. 4/93 0 Ct F - V7 cD n M 0 o, 0 n 0 o, LIST OF PARTIES OF INTEREST PAGE 1 OF 1 SUBJECT PROPERTY T,IfAP.s - PARGEL NAME :. :.,,` 105D 142 chael & Laurie Pelle ri i Lot 20 Equestrian Estates .i T 0' JUN � � u 3 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. MARK NICHOLS AND KAREN NICHOLS, ) Plaintiffs, ) ►a FRANK SERIO, JR., WILLIAM SULLIVAN, WALTER SOULE, RAYMOND VIVENZIO, LOUIS RISSIN, SCOTT KARPINSKI, ROBERT FORD, AND JOHN PALLONE, AS THEY ARE MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER and LAURIE PELLEGRINI AND MICHAEL PELLEGRINI, Defendants. COMPLAINT Pursuant to M.G.L. ch. 40A, §17, the Plaintiffs, Mark Nichols and Karen Nichols (the "Nichols"), hereby appeal the decision of the Board of Appeals of the Town of North Andover ("Board of Appeals") granting the Application of Laurie and Michael Pellegrini for a variance under M.G.L. ch. 40A, §10. Parties 1. The Plaintiffs, Mark and Karen Nichols ("Nichols") are natural persons who reside at 66 Equestrian Drive, North Andover, Essex County, Massachusetts. i ii 'I I 2. The Defendants, Frank Serio, Jr., William Sullivan, Walter Soule, Raymond Vivenzio, Louis Rissin, Scott Karpinski, Robert Ford, and John Pallone, are members of the Board of Appeals of North Andover who reside in the Town of North Andover as follows: a. Frank Serio, Jr. 250 Hillsdale Road North Andover, MA b. William Sullivan 405 Salem Street North Andover, MA C. Walter Soule 70 Raleigh Tavern Lane North Andover, MA d. Raymond Vivenzio 11 Appledore Lane North Andover, MA e. Louis Rissin 59 Blueberry Hill Lane North Andover, MA f. Scott Karpinski 691 Forest Street North Andover, MA g. Robert Ford 89 Bear Hill Road North Andover, MA h. John Pallone 67 Vest Way North Andover, MA 3. The Defendants, Laurie and Michael Pellegrini (the "Pellegrinis"), are natural persons who reside at 69 Perry Road, Bedford, New Hampshire. -2- Factual Allegations 4. On March 21, 1994, the Pellegrinis filed an Application for Relief from the Zoning Ordinance for certain land located at Lot 20A, Equestrian Drive, North Andover, MA (the "Application"). In their Application, the Pellegrinis requested a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ten (10) feet from the front yard set back requirement. A copy of the Application is attached hereto as Exhibit "A". 5. On April 12, 1994, when the Public Hearing was opened, the Nichols filed their opposition to the Application with the Board of Appeals. On April 12, 1994 the Board of Appeals continued the Public Hearing until May 10, 1994. During the Public Hearing, the Pellegrinis failed to demonstrate substantial hardship, financial or otherwise, and failed to show that any claimed hardship was owing to circumstances relating to soil conditions, shape or topography of their land especially affecting their land but not generally affecting the Zoning District in which their land was located. The Pellegrinis also failed to demonstrate that the requested variance could be granted without either substantial detriment to the public good or without nullifying or substantially derogating from the intended purpose of the Bylaw. Moreover, the Nichols, as adjoining property owners, will suffer harm because the value of their property will diminish by the granting of a variance. 6. Statutory procedures and requirements for granting a variance (as governed by M.G.L. ch. 40A, §10) were not followed by the Board of Appeals. i �I �I -3- 7. After the Public Hearing on the Application was closed on May 10, 1994, and after the Nichols and their representatives had left the hearing room, the Board of Appeals deliberated on the Application. 8. The first motion made during said deliberation was to deny the requested variance. The recorded vote on said motion was two (2) members in favor of denying the variance and, three (3) members opposed to denying the variance. Notwithstanding the fact that at least four members would need to vote in favor of granting a variance, a second motion was made in favor of the variance, which motion passed without opposition, and was thus recorded as a unanimous vote. See Exhibit "B" 9. On May 20, 1994, the Board of Appeals' decision was recorded in the office of the Town Clerk of North Andover. A certified copy of the Board of Appeals' decision is attached hereto as Exhibit "C". 10. The Plaintiffs are aggrieved persons, within the meaning of M.G.L. ch. 40A, §17, by the decision of the Board of Appeals to grant the Pellegrinis' Application for said variance. 11. The decision to grant the variance exceeded the authority of the Board of Appeals. WHEREFORE, the Plaintiffs, Mark and Karen Nichols, respectfully request that this Honorable Court: I. Hear all pertinent evidence and determine the facts; -4- • ail •I .I :j i II II. Determine and adjudge that the Board of Appeals' decision to grant the Pellegrinis' Application for a variance was in error as a matter of law and fact, and that the Board of Appeals exceeded its authority; III. Annul the May 20, 1994 decision of the Board of Appeals; and IV. Grant such other and further relief as justice and the rights of the parties may require. compla.nic PLAINTIFFS, MARK AND KAREN NICHOLS, By their attorneys, Aaron A. Gilman BBO # 192640 Mark J. Sampson BBO # 552808 ASOIAN, TULLY & GILMAN P.C. 12 Essex Street, P.O. Box 39 Andover, MA 01810 (508) 475-9100 -5- EXHIBIT A Received by Town Clerk: RECEIVED DANIFL LONG NOR HNAk00 ER Mai 21 11 43 AFS '9q TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS. APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant raurie & Michael Pel leQriniATdress 69603)r47Ro0a13 Redford NH 0311 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph_ and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered Lot 20A Equestrian Drive Street. b) Premises affected are property with frontage on Lne North ( ) South ( ) East ( X) West ( ) side of Equestrian Drive_ ��'�• Lot 20a Eauestrian Drive Street, and known as No. Street. c) Premises affected are in Zoning District R-2 , and the premises affected have an area of 57,849 square feet and frontage of 150.00 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Date of Purchase Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises:Other Prospective Purchaser Lessee 2. Letter of authorization for Variance/Special Permit required. q, Size of proposed building: 70' front; 24 feet deep; Height 2 stories; 35 (max) feet. a) Approximate date of erection: SLmm r 1994 b) Occupancy or use of each floor: residential C) Type of construction: r, a drama colonial EXHIBIT A 5. Has there been a previous appeal, under zoning, on these premises? Teo If so, when? petition pod„�P the 6. Description of relief sought on this p m;nim. front setback from 30 feet to 20 feet in order environmental impact. 7. Deed recorded in the Registry of Deeds in Book 2061 Page _A4 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) grini's The lot was created in 1985 and permits w�rI r son were unable to build due to the severe medic b with ew at birth Thev now want to build and can co and more stringent environemntal (local) n��laws The soil wPtl_ancls, shape of the lot causes this situation. Without the setback variance\ I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signatifre of oner (s) .very application for action by the Board shall be made on a form hall be furnished by the approved by the Board. These forms s 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. tt ,'� r� ' o f Every application shall be submitted with a list of a_ �i_s o_ e etitioner, abutters, Interest" which list shall include th P ; va'�e street owners of land directly opposite on any public or pr and abutters to the abutters within three hundred or way, feet 1'n_ the petitioner as they appear on (300') of the property A of � - the tt he most recent applicable aX list, notwithstanding th that of any such owner is located in another city or town, '-hc landf laao Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submi tt-ed 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 le by the Board. ndl�e p3oard _ No pe�:L_.-ion will be brought b_ -o: Y Copies of the Board's unless said plan has been submit�ed. or�.o or are available rM attached h_re- reclui cements regarding plans a� from the Board of Appeals upon request Rev. 4/93 ,ST OF PARTIES OF INTEREST PAGEL OF ')UBJECT PROPERTY 6i ADDRESS �N, A A PARCEL'an Estates f0 5 �D �42�M-. �j lecT rques ri i6hael'& Laurie Pelleg -kBUTTERS PARCEL 105D 135 William E. Goodrich & Rita Amalfitana ADDRESS." 38 Terrace Park Rea din MA .01867 105D 140 ver1 54 E D La-- 1 105D Susan C. Shashi 66 Euaes',rian Drive 105D 142 I Michael & Laarene Pellegrini 6 0310Bedford, NH 03U i 105D . ... ...... 3 John & Donna Sheridan S 7 - � 75 Ea e I ,X I I it an a PO Box 776 No. AAdOI7-- 105D . .. .... ....... 145 . .... ..... . .... ...... ... ...... ........ IBeachwood Builders 350 1,--,saT)oa- Ave. 105D 14 I Henry & Lola Grillo PO Box 649 Seabrook NH 105D 1121 I Irene & Rob -rt McCarthy 492 Sharoners Pond Road 105D 122 John G. DavenipDort 4 8 8 Sha- V 4 8 8 .4 ER �A'1 ZQ 3 !;Ir 194 TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be filed within (7.0) emys after the date of fi.';� c,r ;i; No'ice in the O;llice of tlt;; 'fr'.vn Clerk, BOARD OF APPEALS Laurie & Michael Pellegrini * DECISION 69 Perry Road Bedford, NH 03110 * petition #016-94 The Board of Appeals held a public hearing on Tuesday evening, May 10 continued from April 12, 1994 upon the application of Laurie and Michael Bollegrini requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ton (10) feet for the front yard setback requirement on the premises located at Lot 20A Equestrian Drive. The following members were present and voting: Frank Serio, Jr., William Sullivan, Jr., Walter Soule, Clerk, Robert Ford and John Pallone. The hearing Was advertised in the North Andover Citizen on March 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Pallone to DENY the variance, the motion failed 2--3. Serio, Sullivan, and Pallone were against. Upon a motion by Mr. Ford and seconded by Mr. Sullivan, the Board voted unanimously to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the -neighborhood --or --derogate —from -the - -intent --and -purpose -of -the Zoning Bylaw. Dated this 20th day of May 1994. BOARD OF APPEALS Frank Serio, J Chairman - EXHIBIT B Any appeal sha!I be filed A,,,,.," j • within (20) c:��ys at1cr the R Nuf.?'. z C ; •' 18SS ! a �ss•� u-.� E date of filing ui t,.;;s i•:otice MaY 2D '` `" in the O�ice of iil� Town TOWN OF NORTH ANDOVER C1`' ✓' MASSACHUSETTS BOARD OF APPEALS ATTEST: NOTICE OF DECISION A True Copy 9 Date ..May. 20, 1994 Town Clerk Petition No....Q16794............. Date of Hearing.`.fay 10, 1994 Petition of Laurie and Michael. Pellegrini .................................... Premises affected Lot 20A. Equestrian Drive. . . ................................... Referring to the above petition for a variation from the requirements of INK Section. 7,... . Paragraph 7.3 and Table 2 of the Zoning Bylaw .... .................... so as to permit relief of ten (10) feetfor the front yard setback requirement. After a public hearing ; ven on the above date, the Board of Appeals voted to Gam`? .. the variance and hereby authorize the Building Inspector to issue a per*'t to Laurie and `Michael Pellegrini. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. . Signed Frank Serio, Jr„ .Chairman William Sullivan,. Vice-chairman Walter. Soule,. Clerk Robert. Fo.rd John.Pallone. . Board of Appeals EXHIBIT C oc�u«oos���e �f+.CLERK VMAGISTRATE'S COPY - _ _- _ Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT Essex Division t\1- PLAINTIFF(S) Mark Nichols and Karen Nichols DEFENDANT(S) Frank Serio Jr., et al. ATZOaRTEY(JFIRgaNAMME,0A1DDRESS AND TEL.) (508) 475-9100 MMAsoIIiCCan, ATTORNEY(S) (if known) Tully & Gilman P.C. 12 Essex Street, Andover, MA 01810 Board of Bar Overseers # (Required) 552808 ORIGIN CODE AND TRACK DESIGNATION Place an ❑x in one box only: X1 1. F01 Original Complaint ❑ 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c 231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c 231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? CO2 Zoning Appeal, G.L. c. 40A (F) ❑ Yes No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) Pursuant to M.G.L. ch. 40A, §17, the Plaintiffs, Mark Nichols and Karen Nichols (the "Nichols"), appeal the decision of the Board of Appeals of the Town of North Andover ("Board of Appeals") granting the Application of Laurie and Michael Pellegrini for a variance so as to permit relief of ten feet from the front yard set back requirement. Because the Pellegrinis failed to demonstrate substantial hardship, the Board of Appeals exceeded its authority by granting the variance. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: i 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. SIGNATURE OF ATTORNEY OF R�EC RRD ORPLAINTIFF • •• •• DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY: ❑ 1. Before jury trial or non -jury hearing ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non -jury hearing Court under G.L. c.231, DISPOSITION ENTERED ❑ 3. After jury verdict s.102C. 4. After court finding Disposition Date BY: = ❑ 5. After post trial motion DATE: oc�u«oos���e �f+.CLERK VMAGISTRATE'S COPY - _ _- _ COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. MARK NICHOLS AND KAREN NICHOLS, Plaintiffs, V. MICHAEL PELLEGRINI, LAURIE PELLEGRINI, and GEORGE L. REICH, KEVIN FOLEY, ROBERT L. MANSOUR, ALBERT P. MANZI, JR., BARBARA VAROUTSOS, JOSEPH LYNCH, and DEBORAH FELTOVIC, AS THEY ARE MEMBERS OF THE NORTH ANDOVER CONSERVATION COMMISSION, Defendants. Jurisdiction SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT � CIVIL ACTION NO. COMPLAINT AND APPEAL PURSUANT TO M.G.L. Ch. 249, SECTION 4 1. This appeal from an Order of Conditions issued by the North ArZover Conservation Commission under the North Andover Wetlands Protection B aW on August 24, 1994, is made pursuant to M.G.L. Ch. 249 §4. Parties 2. The Plaintiffs Mark Nichols and Karen Nichols (the "Nichols") are individuals residing at 66 Equestrian Drive, North Andover, Massachusetts. 3. The Defendants Michael Pellegrini and Laurie Pellegrini (the "Pellegrinis") are individuals residing at 69 Perry Road, Bedford, New Hampshire. 4. The Defendants, George L. Reich, Kevin Foley, Robert L. Mansour, Albert P. Manzi, Jr., Barbara Varoutsos, Joseph Lynch and Deborah Feltovic, are members of the North Andover Conservation Commission (the "Commission") who reside in the Town of North Andover as follows: George L. Reich, Chairman 284 Salem Street North Andover, MA 01845 Kevin Foley 52 Hewitt Avenue North Andover, MA 01845 Robert L. Mansour 1001 Johnson Street North Andover, MA 01845 Albert P. Manzi, Jr. 72 Foster Street North Andover, MA 01845 Barbara Varoutsos 92 Pine Ridge Road North Andover, MA 01845 Joseph Lynch 18 Cotuit Street North Andover, MA 01845 Deborah Feltovic 134 Olympic Lane North Andover, MA 01845 General Allegations 5. The Pellegrinis are the owners of a parcel of land known and numbered as Lot 20A, Equestrian Drive, North Andover, Massachusetts (the "Property"), which has been determined by the Commission to contain wetlands governed by M.G.L. Ch. 131, §40, the Code of Massachusetts Regulations Vol. 310, §10 et seq. , and the 2 Wetlands Protection By-law of North Andover (the "By-laws"), and which land also abuts the Nichols' property. 6. Section XI of the By-laws mandates that an applicant who files a Notice of Intent must overcome a strong presumption that any activity taking place near a wetlands will have an adverse impact on the wetlands. The By-laws create a fifty (50) foot "no build" zone and a twenty-five (25) foot "no disturbance" zone around any wetland. The By-laws further state that " the imposition of these additional zones is established since, in the considerable body of experience of the Commission, alteration of land immediately adjacent to a wetland invariably results in the alteration of the wetland itself." (By-laws Section XI). 7. On January 24, 1994, the Pellegrinis filed a Notice of Intent to develop the Property with a single family residence, and also requested a waiver from the By- laws fifty (50) foot "no build" and twenty-five (25) foot "no -disturbance" requirements. The initial plan called for the septic system for the single family residence to be located only 71 feet from the edge of the wetlands. The Commission properly denied the Pellegrinis' first Notice of Intent on June 7, 1994. 8. On July 7, 1994, the Pellegrinis filed a revised Notice of Intent which changes the location of the proposed building on the Property, but nevertheless keeps it within the fifty (50) foot "no build" and twenty five (25) foot "no disturbance" zones required by the By-law. The revised Notice of Intent relocates the septic system to Eighty One (81) feet of the edge of the wetlands. The Pellegrinis failed to put forth sufficient evidence to overcome the presumption against building within the fifty (50) 3 foot "no build" and twenty five (25) foot "no disturbance" zones required by the By- law. 9. The Commission, on August 24, 1994, issued an Order of Conditions approving the Pellegrinis' request for a waiver, which allowed the Pellegrinis to build to within twenty-five (25) feet of the wetlands border, and maintain only a twenty (20) foot "no disturbance" zone. 10. The Nichols, as owners of property abutting the Property, have standing to bring this action. above. COUNT 11. The Plaintiffs reallege and incorporate by reference paragraphs 1 to 10, 12. The Commission exceeded its authority, and improperly derogated from the intent of the By-law by granting the Pellegrinis a waiver of the fifty (50) foot "no build" and twenty-five (25) foot "no disturbance" requirements. WHEREFORE, the Plaintiff respectfully requests that this Court: 1. Hear all the relevant evidence and determine all of the pertinent facts; 2. Revoke, vacate, quash, and declare null and void the Order of Conditions issued by the Commission under the By-law on August 24, 1994; and 3. Grant the Plaintiffs such other relief as it deems just and appropriate 4 under the circumstances. 1itiglp1eadings\nicho1s. com 5 Plaintiffs, Mark Nichols and Karen Nichols, by their attoi 1 Ji hn R. Blake, Jr. V ASOIAN, TULLY & GILMAN P.C. 12 Essex Street P.O. Box 39 Andover, Massachusetts 01810 (508) 475-9100 BBO #558734 under the circumstances. 1itig\p1eadings\nicho1s. com Plaintiffs, Mark Nichols and Karen Nichols, their attorneys Phn R. Blake, Jr. V ASOIAN, TULLY & GILMAN P.C. 12 Essex Street P.O. Box 39 Andover, Massachusetts 01810 (508) 475-9100 BBO #558734 e MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING t (Print or Type) l NORTH ANDOVER Mass. �" Date building Location7L��%' IA II 041 ld"ZOA Permit70 �! .� Owners Name CyFL1;,zyE e,,4,q�s( • New ?! Renovation Replacement Plans Submitted 0 -Pc FIXTURES (Print or Type) Check one: Certificate Installing Company Name Q Corp. Address _ ca- % �, = Partner. . HA 7-1 Firm/Co. Business Telephone: [� Cj) _3 L— 204- Name of Licensed Plumber or Gas Fitter S IVLoEgf k1bUAe Z Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy E� Other type of indemnity Q Bond ED Insurance Waiver: 1, the undersigned, have been made aware that the licensee of this application does not have any one of the above three insurance coverages. Signature of owner/agent of property Owner 17 Agent M 1 hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing worst and lnstxllations Performed under -Permit ivaed for this application will -be in compliance with all pettlaent provisions of tho Massachusetts Slate Gas Cade and Csapta 14: of the Gencrai Laws. .. By Title City/Town: APPROVED (OFFICE USE ONLY) TYPE LICENSE: Plumer Gasfitter S gnatre of L ensed Master Plumber�� Gasfitter Journeyman License Number YW N z s as ut us c O tOj m tom- = F Z cc uj W CC W W W m ztj w` Q W w CC cc w W F •t Q V W a o = G W r < ', G9 tL DC* -1 W O O P. tt t- v W 2 4 W -d tt W >- N Qt o W _t O F. Cis = Q, cr > C W - < 4 C Q is C O O W tZ _ O W F- O t` w O O U. a -1 v ca n. t- Sua—asmT. SASEMEXT ( 6 1ST FLOOR 2ND FLOOR 3110 FLOOR 4TH FLOOR 5TH FLOOR 6TH FLOOR TTK FLOOR STH FLOOR (Print or Type) Check one: Certificate Installing Company Name Q Corp. Address _ ca- % �, = Partner. . HA 7-1 Firm/Co. Business Telephone: [� Cj) _3 L— 204- Name of Licensed Plumber or Gas Fitter S IVLoEgf k1bUAe Z Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy E� Other type of indemnity Q Bond ED Insurance Waiver: 1, the undersigned, have been made aware that the licensee of this application does not have any one of the above three insurance coverages. Signature of owner/agent of property Owner 17 Agent M 1 hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing worst and lnstxllations Performed under -Permit ivaed for this application will -be in compliance with all pettlaent provisions of tho Massachusetts Slate Gas Cade and Csapta 14: of the Gencrai Laws. .. By Title City/Town: APPROVED (OFFICE USE ONLY) TYPE LICENSE: Plumer Gasfitter S gnatre of L ensed Master Plumber�� Gasfitter Journeyman License Number : � 1 K Date..................... 0* V&of?Tk TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION This certifies that . . .......... has permission for gas . stallation . . in the buildings Of . gas C, /1 Q at ... I J . . North Andover, Mass. Fee.. Lic. No. .. ............ ............. CL #- 117 0 GAS INSPECTOR H ITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD: File \1 y 9 t M tdz 0 0 SYS ON 0-0 S v! ID ON CA pn0 TWO WNO r 0 M z ci r M r z b n It, r OF NORTH 1 o in a • opo '`,r• S$�ICHUSfa TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will give a hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday evening the 12th day of April 1994 , at 7:30 o'clock, to all parties interested in the appeal of Laurie & Michael Pellegrini requesting a variation of Sec. 7, Paragraph 7.3 and Table 2 of the Zoning By Law so as to permit relief of 10 feet for the front yard setback requirement on the premises, located at Lot 20A Equestrian Drive (at the end of Equestrian Drive) By Order of the Board of Appeals Frank Serio, Jr., Chairman Publish in the North Andover Citizen on March23 and 30, 1994 Received by Town Clerk: n BRUTE[) DANIEL LONG NORTHAb6N C1 V tER 21 1143 A,1 134 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF.APPEAIS... APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE ApplicantTau,L & Michael PelleariniAddress 69 Perry Road BPdfordNH 03110 Tel. No. _(603) 471-0313 1. Application is hereby made: a) For a variance from the requirements of Section 7.3 Paragraph 1 and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises ected are land and building(s) numbered 20A Equestr an Drive Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( X) West ( ) side of Equestrian Drive Xt:Kgg$�. Lot 20a Eauestrian Drive Street, and known as No. Street. c) Premises affected are in Zoning District R-2 and the premises affected have an area of 57,849 square feet and frontage of 150.00 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Date of Purchase Previous Owner b) 1. if applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/ Special Permit required. a_. Size of proposed building: 70' front; 24 feet deep; Height 2 stories;35 (max) feet• a) Approximate date of erection: Summer 1994 b) Occupancy or use of each floor: residential C) Type of construction: Wand frame c-ol oni al ;-/ 5. Has there been a previous appeal, under zoning, on these premises? No If so, when? P he 6. Description of relief sought on this petition $ed i - front setback from 30 feet to 20 feet in order to minim environmental impact. 7. Deed recorded in the Registry of Deeds in Book 2061 Page 44 Land Court Certificate No. if Book Page The principal points upon which I base my application are as follows: (must be stated in detail) The lot was created in 1985 and permits were issued. Tha-2alPgrini's _were unable to build due to the severe medical probelms of their son at birth They now want to build and cannot comp v ew more stringent environemntal (local) bvlaws The Soil we lands, and shape of the lot causes this situation. Without the setback variance\ I agree to pay the filing fee, advertising in newspaper, and rt incidental expenses* �3 Signatifre of P oner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief 'until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 H 0 rt E N o' cD n M 0 o, m n m o, c 0 o' c N a a tr FJ T LIST OF PARTIES OF INTEREST PAGE 1 OF--!— SUBJECT F1SUBJECT PROPERTY -- ADDRESS:: a MAP..s PARCEL rv' NAME, ' ,.. _ 105D 142 ki chael & Laurie Pelle ri i Lot 20 E uestrian Estates A TlT TTKiIT'Tl C% RICHARD G. ASOIAN MARK E. TULLY AARON A. GILMAN ROBERT W. LAVOIE ROBERT J. H U N DERTMARK ANTHONY DELYANI NICHOLAS FORGIONE JAMES H. KRUMSIEK MARK J. SAMPSON ROBERT J. AHEARN ASOIAN, TU LLY & GILMAN P.C. ATTORNEYS AT LAW 12 ESSEX STREET POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 June 10, 1994 VIA CERTIFIED MAIL NO: P 912 627 949 RETURN RECEIPT REQUESTED Mr. Frank Serio, Jr. 250 Hillsdale Road North Andover, MA 01845 Re: Mark Nichols and Karen Nichols v. Frank Serio, Jr., et al., Essex Superior Court, Civil Action Number 94-1262 Dear Mr. Serio: ANDOVER (508) 475-9100 BOSTON (617) 942-0932 TELEFAX (508) 470-0618 Enclosed with respect to the above -referenced matter, please find the Complaint of the Plaintiffs, Mark Nichols and Karen Nichols, in which they appeal the decision of the Board of Appeals of the Town of North Andover granting the application of Laurie and Michael Pellegrini for a variance under Massachusetts General Law Chapter 48, §10. Very truly yours, ASOIAN, TULLY & GILMAN P.C. Mark J. Sampson MJS/lm-1 Enclosure ' nichols.ltr RE -'l I.".1VE-? DANIEL LdN TOWN CLFRN N0RTM AtiOQYE Jou T 143A M % COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. MARK NICHOLS AND KAREN NICHOLS, Plaintiffs, V. FRANK SERIO, JR., WILLIAM SULLIVAN, WALTER SOULE, RAYMOND VIVENZIO, LOUIS RISSIN, SCOTT KARPINSKI, ROBERT FORD, AND JOHN PALLONE, l AS THEY ARE MEMBERS OF THE j BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER and LAURIE PELLEGRINI AND MICHAEL PELLEGRINI, IDefendants. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. AV •r• COMPLAINT Pursuant to M.G.L. ch. 40A, §17, the Plaintiffs, Mark Nichols and Karen Nichols (the "Nichols"), hereby appeal the decision of the Board of Appeals of the Town of North Andover ("Board of Appeals") granting the Application of Laurie and Michael Pellegrini for a variance j under M.G.L. ch. 40A, §10. Parties 1. The Plaintiffs, Mark and Karen Nichols ("Nichols") are natural persons who reside at 66 Equestrian Drive, North Andover, Essex County, Massachusetts. 2. The Defendants, Frank Serio, Jr., William Sullivan, Walter Soule, Raymond Vivenzio, Louis Rissin, . Scott Karpinski, Robert Ford, and John Pallone, are members of the I Board of Appeals of North Andover who reside in the Town of North Andover as follows: I i a. Frank Serio, Jr. 250 Hillsdale Road North Andover, MA b. William Sullivan 405 Salem Street North Andover, MA C. Walter Soule 70 Raleigh Tavern Lane North Andover, MA d. Raymond Vivenzio 11 Appledore Lane North Andover, MA e. Louis Rissin 59 Blueberry Hill Lane North Andover, MA f. Scott Karpinski 691 Forest Street North Andover, MA g. Robert Ford 89 Bear Hill Road North Andover, MA h. John Pallone 67 Vest Way North Andover, MA 3. The Defendants, Laurie and Michael Pellegrini (the "Pellegrinis"), are natural persons who reside at 69 Perry Road, Bedford, New Hampshire. -2- a Factual Allegations 4. On March 21, 1994, the Pellegrinis filed an Application for Relief from the Zoning Ordinance for certain land located at Lot 20A, Equestrian Drive, North Andover, MA (the "Application"). In their Application, the Pellegrinis requested a variation of Section 7, .i Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ten (10) feet from the front yard set back requirement. A copy of the Application is attached hereto as Exhibit "A". 5. On April 12, 1994, when the Public Hearing was opened, the Nichols filed their i opposition to the Application with the Board of Appeals. On April 12, 1994 the Board of I Appeals continued the Public Hearing until May 10, 1994. During the Public Hearing, the Pellegrinis failed to demonstrate substantial hardship, financial or otherwise, and failed to show 1 that any claimed hardship was owing to circumstances relating to soil conditions, shape or topography of their land especially affecting their land but not generally affecting the Zoning District in which their land was ' located. The Pellegrinis also failed to demonstrate that the requested variance could begranted without either substantial detriment to the public good or i �without nullifying or substantially derogating from the intended purpose of the Bylaw. Moreover, the Nichols, as adjoining property owners, will suffer harm because the value of their property will -diminish by the granting of a variance. 6. Statutory procedures and requirements for granting a variance (as governed by �i i M.G.L. ch. 40A, § 10) were not followed by the Board of Appeals. i. -3- t 7. After the Public Hearing on the Application was closed on May 10, 1994, and after the Nichols and their representatives had left the hearing room, the Board of Appeals deliberated on the Application. 8. The first motion made during said deliberation was to deny the requested variance. The recorded vote on said motion was two (2) members in favor of denying the variance and, three (3) members opposed to denying the variance. Notwithstanding the fact that at least four members would need to vote in favor of granting a variance, a second motion was made in favor of the variance, which motion passed without opposition, and was thus recorded as a unanimous vote. See Exhibit "B".. 9. On May 20, 1994, the Board of Appeals' decision was recorded in the office of the Town Clerk of North Andover. A certified copy of the Board of Appeals' decision is attached hereto as Exhibit "C". i i, 10. The Plaintiffs are aggrieved persons, within the meaning of M.G.L. ch. 40A, §17, by the decision of the Board of Appeals to grant the Pellegrinis' Application for said variance. I 11. The decision to grant the variance exceeded the authority of the Board of Appeals. WHEREFORE, the Plaintiffs, Mark and Karen Nichols, respectfully request that this Honorable Court: I. Hear all pertinent evidence and determine the facts; -4- 13 II. Determine and adjudge that the Board of Appeals' decision to grant the Pellegrinis' Application for a variance was in error as a matter of law and fact, and that the Board of Appeals exceeded its authority; s complamic i Annul the May 20, 1994 decision of the Board of Appeals; and Grant such other and further relief as justice and the rights of the parties may PLAINTIFFS, MARK AND KAREN NICHOLS, By their attorneys, Aaron A. Gilman BBO # 192640 Mark J. Sampson BBO # 552808 ASOIAN, TULLY & GILMAN P.C. 12 Essex Street, P.O. Box 39 Andover, MA 01810 (508) 475-9100 i -5- 0 EXHIBIT A Received by Town Clerk: ... _ DANlEttL�O NG TOWN NOR H ANDOV ER Mai 21 1143 AM 134 TOWN OF NORTH ANDOVER, MASSACHUSETTS . BOARD OF. APPEALS. APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE r Applicant Taurie & Michael PellegriniAddress 69 Perry Road Bedford NH 03110 Tel. No. (603) 471-0313 1. Application is hereby made: ,. a) For a variance from the requirements of Section -Paragraph_ and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. C) As a Party Aggrieved,.for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered Lot 20A Equestrian Drive Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (X) West ( ) side of Equestrian Drive M19Y. Street, and known as No. Lot 20a Equestrian Drive Street. C) Premises affected are in Zoning District R-2 , and the premises affected have an area of 57,849 square feet and frontage of 150.00 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Date of Purchase Previous Owner b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: 70' front; 24 feet deep; Height 2 stories; 35 (max) feet. a) Approximate date of erection: Sum_iner 1994 b) Occupancy or use of. each floor: residential C) Type of construction: Wood frame colonial EXHIBIT A _ Vj Signatifre of P (s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon recuest. Any communication purporting to be an armlication shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be resz)onsible 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 beffore 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 reouest. Rev. 4/93 0 rt F - o• M 5. Has there been a previous appeal, under zoning, on these +: premises? No If so, when? - 6. Description of relief sought on this petition gpdu ce the front setback from 30 feet to 20 feet in order to minimize environmental impact. 7. Deed recorded in the Registry of Deeds • in 'Book 2061 Page 44 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) The lot was created in 1985 and permits were issued The eLegrini's were unable to build due to the severe medical probelms of _their son at birth They now want to build and cannot comply with the more stringent environemntal (local) bylaws The soil, wetlands, and shape of the lot causes this situation. Without the setback variance\ I agree to pay the filing fee, advertising in newspaper, and �y incidental expenses* c+ M Vj Signatifre of P (s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon recuest. Any communication purporting to be an armlication shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be resz)onsible 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 beffore 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 reouest. Rev. 4/93 0 rt F - o• M ST OF PARTIES OF INTEREST PAGE L_OF_L_ SUBJECT PROPERTY PAR ME*�' EN 105D 9GEIZ NA 142 T r'- h -a e. I' & Laurie Pellec ii Lot 20 Equestrian Estates ABUTTERS. .... . . . . .. . �o NAME'r- 105D 135 William, E. Goodrich 38 Terrace Park Rita AmaNitana Reading, MA.01867 105D 14U uiauae & rub-_ cv�qj 105D 141 Susan C. Shashi 66 Euqestrian Drive e� --dford, NH 0311.0 50 Massanoaq Ave. 0 Box 649 Seabrook NH 0387 92 Sharpners Pond Road — 105D 142 Michael ..-& Lauren�e_61 Pellegrini -Bi 105D 14I John & Donna Sheridan 7 I AA PKaren M-nne-y- P 105D 145 Beachwood Builders 3 lOSD a Henry & Lola Grillo 105D 121 Irene & Robert McCarthy' 105D 122 John G. Davenport --dford, NH 0311.0 50 Massanoaq Ave. 0 Box 649 Seabrook NH 0387 92 Sharpners Pond Road — ' ,VER �Al Z� i 4 3 M� 194 NORTh 1is�tNv��� 'OWN OF NORTH ANDOVER MASSACHUSEi7S *********************BO *RO OF APPEALS Laurie & Michael Pellegrini 69 Perry Road Bedford, NH 03110 Any appeal shall be filed Within (20) eMAIS liter the date of 1j,!;- in i,in the O;;ice of the Tv.vn Clerk. DECISION Petition #016-94 The Board of Appeals held a public hearing on Tuesday evening, May 10 continued from April 12, 1994 upon the application of Laurie and Michael Pellegrini requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of tan (10) feet for the front yard setback requirement on the premises located at Lot 20A Equestrian Drive. The following members were present and voting: Frank Serio, Jr., William Sullivan, Jr., Walter Soule, Clerk, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on March 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Pallone to DENY the variance, the motion failed 2--3. Serio, Sullivan, and Pallone were against. Upon a motion by Mr. Ford and seconded by Mr. Sullivan, the Board voted unanimously to GRANT the variance as requested. The Board finds that the petitioner has ,satisfied the provisions Of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the -rye-ighborhood --or --derogate --from -the - Intent -and -purpose -of -the Zoning Bylaw. Dated this 20th day of May 1994. BOARD OF APPEALS Frank Serio, ,7 chairman EXHIBIT B RECEIYE" �No Dt,!IIF_ �yG >• Any appeal sha!I be filed loc. tyb: < a• Awn�TT* P. r ,n s a1 -c Nuf .T' ��' ERwithin (20; c' � `1^ 'the .•; tass;' ,9� Sys . •�;f date of filing ui i;.;5 i4otice Mei ZQ 43 in the Ol l ll t' OT illi Town TOWN OF NORTH ANDOVER cler;'. MASSACHUSETTS BOARD OF APPEALS ATTEST: NOTICE OF DECISION A True Copy Date . C/�" May. . , 20 1994 4... .. ................. . Town Clerk 016-94 Petition No.. .................... . Date of Hearing.`say 10, 1994 Petition of Laurie. and. Michael. Pellegrini ................................... Premises affected Lot 20A. Equestrian Drive.. - Referring to the above petition for a variation from the requirements of tbiK Se.ction. 7,... . Paragraph 7.3 and Table 2 of the Zoning Bylaw .. .................... so as to permit relief of ten (10) feet for the frontvard setback requirement ............... .........I........ ...... .. .................................................................. After a public hearing given on the above date, the Board of Appeals voted to GRA\T the variance and hereby authorize the Building Inspector to issue a permit to Laurie and Michael Pellegrini. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Signed Frank Ser.i.o,.Jr. Chairman William Sullivan,. Vice-chairman Walter. Soule, . Gle.r.k ... . . Robert.Ford John.Pallone. Board of Appeals EXHIBIT C OCAJ6-mtcoos-sial CLERK MAGISTRATE'S COPY.._-` -.. Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT Essex Division VVI PLAINTIFFS) DEFENDANT(S) Mark Nichols and Karen Nichols Frank Serio Jr., et al. AT aRNr Y(J]Rg NAME, ADDRESS AND TEL.) (508) 475-9100 M 1C JJ P O ATTORNEY(S) (if known) Asoian, Tully & Gilman P.C. 12 Essex Street, Andover, MA 01810 Board of Bar Overseers # (Required) 552808 ORIGIN CODE AND TRACK DESIGNATION Place an © in one box only: X1 1. F01 Original Complaint ❑ 2. F02 Q 4. F04 District Ct. Appeal c231, s. 97 (X) Removal to Sup. Ct.. c 231, s. 104 (F) ❑ 3. F03 Q 5. F05 Reactivated after Rescript; Relief from Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C:02 Zoning Appeal, G.L. c 40A (F) ❑ Yes ] No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) Pursuant to M.G.L. ch. 40A, §17, the Plaintiffs, Mark Nichols and Karen Nichols (the "Nichols"), appeal the decision of the Board of Appeals of the Town of North Andover ("Board of Appeals") granting the Application of Laurie and Michael Pellegrini for a variance so as to permit relief of ten feet from the front yard set back requirement. Because the Pellegrinis failed to demonstrate substantial hardship, the Board of Appeals exceeded its authority by granting the variance. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. SIGNATURE OF ATTORNEY OF R�EC RD�OR PLAINTIFF DA -lid • •• • • DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY: 1. Before jury trial or non -jury hearing ❑ 6. Transferred to District El2. During jury trial or non -jury hearing Court under G.L. c.231, DATE ❑ 3. After jury verdict s.102C. DISPOSITION ENTERED ❑ 4. After court finding Disposition Date BY: ❑ 5. After post trial motion DATE: OCAJ6-mtcoos-sial CLERK MAGISTRATE'S COPY.._-` -.. PREBILL REQUEST Date:(�l� leiv Client:�;]_�/�/j _ Client No.: Attorney Requesting Prebill: Please do a prebill regarding the above -referenced client through today, including all photocopying and expenses. THANK YOU! r r LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD EVERETT J. MARDER PATRICK J. COSTELLO JOSEPH L. TEHAN, JR. WILLLIAM HEWIG III THERESA M. DOWDY KAREN V. KELLY Civil Clerk, Essex Superior Court Superior Courthouse 34 Federal Street Salem, MA 01970 KOPELMAN AND PAIGE. P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON. MASSACHUSETTS 02110-1137 BOSTON OFFICE (6171 951-0007 FAX 16171 951.2735 NORTHAMPTON OFFICE 14131 585.8632 WORCESTER OFFICE (5081 752.0203 June 21, 1994 DEBORAH A. ELIASON JEANNE S. MCKNIGHT JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS DAVID J. DONESKI JANE 0. JOHNSON BRIAN W. RILEY KIMBERLY A. HOLLIDAY MARY L. GIORGIO KATHLEEN E. CONNOLLY JOHN G. GANNON KURT B. FLIEGAUF MICHELE E. RANDAZZO Re: Mark Nichols and Karen Nichols v. Frank Serio, Jr., et al. (Town of North Andover Zoning Board of Appeals) Essex Superior Court C.A. No. 94-1262 Dear Sir/Madam: Enclosed is a Notice of Appearance in the above matter. Kindly file same. Thank you for your assistance. Very truly yours, JdB. Bard JBB/KEC/cal Enc. cc: Mark J. Sampson, Esq. Laurie and Michael Pellegrini Zoning Board of Appeals Town Manager PRINTED ON RECYCLED PAPER JUN 2 31994 1 OF gppE N COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT C.A. No. 94-1262 MARK NICHOLS AND KAREN NICHOLS, Plaintiffs V. FRANK SERIO, Jr., WILLIAM SULLIVAN, WALTER SOULE, RAYMOND VIVENZIO, LOUIS RISSIN, SCOTT KARPINSKI, ROBERT FORD, AND JOHN PALLONE, AS THEY ARE MEMBER OF THE ZONING BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER AND LAURIE PELLEGRINI AND MICHAEL PELLEGRINI, Defendants NOTICE OF APPEARANCE NOTICE OF APPEARANCE Please enter our appearance as attorneys for the Zoning Board of Appeals of the Town of North Andover in the above - captioned matter. Dated: 6L;�f/�7 ZONING BOARD OF APPEALS TOWN OF NORTH ANDOVER By its attorneys, 4e B. Bard (BBO# 029140) K leen E. Connolly (BBO# 558706) Kopelman and Paige, P.C. Town Counsel 101 Arch Street Boston, MA 02110 (617) 951-0007 I r CERTIFICATE OF SERVICE I hereby certify that on the below date, I served a copy of the foregoing Notice of Appearance, by mailing a copy, postage prepaid, to the following parties or counsel of record: Dated • iG d1/ Mark J. Sampson, Esq. Asoian, Tully & Gilman, P.C. 12 Essex Street P.O. Box 39 Andover, MA 01810 Laurie and Michael Pellegrini 69 Perry Road Bedford, NH oel B. Bard C� s identified by Town staff before the Board and the >> as possible. )rmation presented by staff is essentially correct, and itions or deletions, requesting the Applicant to direct 'ncorrectly presented by staff; of which staff is unaware; !levant to the Board's consideration and deliberation Aicant cares to make relevant to the proposed project. be succinct but thorough, suggesting a maximum on the size and complexity of the proposed project. !nting groups or organizations, the Chair reads the s each if he/she wishes to address the Board and 'hair may also want to divide the public commentary Proposed project, followed by those speaking in order to avoid each member of an organization :ing the same ::omments (pro and con), the Chair may if he/she is speaking for all members of the )flowing the speaker's comments, if all members of i JW U T0% Nt3RT„ ... }„R i JUN 13! COMMONWEALTH OF MASSACHUSETTS i ESSEX, ss. i .. MARK NICHOLS AND KAREN NICHOLS, Plaintiffs, V. FRANK SERIO, JR., WILLIAM SULLIVAN, WALTER SOULE, RAYMOND VIVENZIO, LOUIS RISSIN, SCOTT KARPINSKI, ROBERT FORD, AND JOHN PALLONE, AS THEY ARE MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER and LAURIE PELLEGRINI AND MICHAEL PELLEGRINI, Defendants. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. COMPLAINT i Pursuant to M.G.L. ch. 40A, §17, the Plaintiffs, Mark Nichols and Karen Nichols (the "Nichols"), hereby appeal the decision of the Board of Appeals of the Town of North Andover ("Board of Appeals") granting the Application of Laurie and Michael Pellegrini for a variance under M. G.L. ch. 40A, § 10. Parties 1. The Plaintiffs, Mark and Karen Nichols ("Nichols") are natural persons who it reside at 66 Equestrian Drive, North Andover, Essex County, Massachusetts. i .i 'i J 2. The Defendants, Frank Serio, Jr., William Sullivan, Walter Soule, Raymond Vivenzio, Louis Rissin, Scott Karpinski, Robert Ford, and John Pallone, are members of the Board of Appeals of North Andover who reside in the Town of North Andover as follows: a. Frank Serio, Jr. 250 Hillsdale Road North Andover, MA b. William Sullivan 405 Salem Street North Andover, MA C. Walter Soule 70 Raleigh Tavern Lane North Andover, MA d. Raymond Vivenzio 11 Appledore Lane North Andover, MA e. Louis Rissin 59 Blueberry Hill Lane North Andover, MA f. Scott Karpinski 691 Forest Street North Andover, MA g. Robert Ford 89 Bear Hill Road North Andover, MA h. John Pallone 67 Vest Way North Andover, MA f 3. The Defendants, Laurie and Michael Pellegrini (the "Pellegrinis"), are natural persons who reside -at 69 Perry Road, Bedford, New Hampshire. -2- Factual Allegations 4. On March 21, 1994, the Pellegrinis filed an Application for Relief from the Zoning Ordinance for certain land located at Lot 20A, Equestrian Drive, North Andover, MA {the "Application"). In their Application, the Pellegrinis requested a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ten (10) feet from the front yard set back requirement. A copy of the Application is attached hereto as Exhibit "A". 5. On April 12, 1994, when the Public Hearing was opened, the Nichols filed their opposition to the Application with the Board of Appeals. On April 12, 1994 the Board of Appeals continued the Public Hearing until May 10, 1994. During the Public Hearing, the Pellegrinis failed to demonstrate substantial hardship, financial or otherwise, and failed to show that any claimed hardship was owing to circumstances relating to soil conditions, shape or topography of their land especially affecting their land but not generally affecting the Zoning District in which their land was- located. The Pellegrinis also failed to demonstrate that the requested variance could be granted without either substantial detriment to the public good or : without nullifying or substantially derogating from the intended purpose of the Bylaw. Moreover, the Nichols, as adjoining property owners, will suffer harm because the value of their property will diminish by the granting of a variance. 6. Statutory procedures and requirements for granting a variance (as governed by I f M.G.L. ch. 40A, §10) were not followed by the Board of Appeals. i I �I -3- ` II i I i II i i� 7. After the Public Hearing on the Application was closed on May 10, 1994, and i after the Nichols and their representatives had left the hearing room, the Board of Appeals i deliberated on the Application. 8. The first motion made during said deliberation was to deny the requested variance. The recorded vote on said motion was two (2) members in favor of denying the variance and, three (3) members opposed to denying the variance. Notwithstanding the fact that at least four members would need to vote in favor of granting a variance, a second motion was , made in favor of the variance, which motion passed without opposition, and was thus recorded ` as a unanimous vote. See Exhibit "B".. i 9. On May 20, 1994, the Board of Appeals' decision was recorded in the office of the Town Clerk of North Andover. A certified copy of the Board of Appeals' decision is attached hereto as Exhibit "C". 10. The Plaintiffs are aggrieved persons, within the meaning of M.G.L. ch. 40A, §17, by the decision of the Board of Appeals to grant the Pellegrinis' Application for said variance. 11. The decision to grant the variance exceeded the authority of the Board of Appeals. WHEREFORE, the Plaintiffs, Mark and Karen Nichols, respectfully request that this Honorable Court: I. Hear all pertinent evidence and determine the facts; t I II i -4- II � I i II. Determine 'and adjudge that the Board of Appeals' decision to grant the ' Pellegrinis' Application for a variance was in error as a matter of law and fact, and that the Board of Appeals exceeded its authority; III. Annul the May 20, 1994 decision of the Board of Appeals; and IV. Grant such other and further relief as justice and the rights of the parties may require, PLAINTIFFS, MARK AND KAREN NICHOLS, By their attorneys, Aaron A. Gilman BBO # 192640 Mark J. Sampson BBO # 552808 ASOIAN, TULLY & GILMAN P.C. 12 Essex Street, P.O. Box 39 Andover, MA 0 18 10 (508) 475-9100 complamic EXHIBIT A Received by Town Clerk: RECEIVED DANIEL LONG TOWN CLERK NORTH ANDOVER MAR Z! 11 43 AM '9q TOWN OF NORTH ANDOVER, MASSACHUSETTS . BOARD OF APPEALS_. APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE f Applicant Laurie & Michael Pe niAddress 69 Perry Road Redford, NH 03110 Tel. No. (603) 471-0313 1. Application is hereby made: a) For a variance from the requirements of Section_ 7 Paragraph_ and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. C ) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected and building(s) numbered 20A Equestr an Drive Street. b) Premises affected are .property with frontage on the North ( ) South ( ) East (X) West ( ) side of Equestrian Drive Slit. Lot 20a Equestrian Drive Street, and known as No. Street. C) Premises affected acre in Zoning District R-2, and the premises affected have an area of 57,849 square feet and frontage of 150.00 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Date of Purchase Previous Owner b) 1. If applicant is not owner, 'check his/her interest in the premises: ProsDective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: 70' front; 24 feet deep; Height 2 stories; 35 (max) feet. a) Approximate date of erection: Summer 1994 b) Occupancy or use of each floor: residential c`) Type of construction: Wood frame colonial EXHIBIT A 5. Has there been a previous appeal, under zoning, on these premises? No If so, when" 6. Description of relief sought on this petition y edur t- the front setback from 30 feet to 20 feet in order to minimi ze environmental impact. 7. Deed recorded in the Registry of Deeds. in 'Book 2061 Page _,4 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) The lot was created in 1985 and rmits were-�-,.c; The_Pelegrini's pe were unable to build due to the severe medicalprohelms of their son at birth They now want to build and cannot—coll-21V with thp newcannot—comb more strinqent environemntal (local) bylaws The soil Wptlanas, and shape of the lot causes this situation. Without the setback variance I agree to pay the filing fee, advertising in newspaper, and rt incidental expenses* M Signatifre of P oner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the ated in another ci land of any such owner is locty 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 petltlon 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 pet _tion will be brought be ore the Board unless said plan has been submitted. Copies o- the Board's ra rc =g re arding plans are attached hereto or are ava'il'able from the Board of Appeals upon request. Rev. 4/93 ,ST OF PARTIES OF INTEREST PAGE 1 OF 1 ')UBJECT PROPERTY CELS NAME`...:<. _.. _;...,,...a.:w��..-::• ,:;: ,SAP. PAR 105D 142 lchael'& Laurie Pellec ABUTTERS ADDRESS. ., MAP PARCEL NAME' 3 g Terrace Park 105D 135 William E. Goodrich & Readin , MA.01867 I Rita Amalf itana 105D 141 Susan C. Shashi 105D 142 Michael & Laure Pellegrini 105D 143 John & Donna S1 Iver 54 '-r; 66 Euaestrian Drive 69 'Porry Bedford, NH 03110 :state PO Box 776 No. And f iun 1dn A or on G7 145 Beachwood Builders 350 MaSSaDOa Ave. S: 105D I Henry & Lola Grillo PO Box 649 Seabrook 105D 4 Irene & Robert McCarthy, 492 Sharaners Pond Ro 105D 121 John G. Davenoor t 488 Sha T) 105D 122 411k" 'q ER 43 IN N�HTM 0 �r"CHUS&t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARO OF APPEALS ***************************** Laurie & Michael Pellegrini 69 Perry Road Bedford, NH 03110 Any appeal shall be filed within (7.0) cis,Iys atter the date of �i�.';� cit ;.,is P;Ce in the 0i' ice of tlis-rc'.vn Clerk, DECISION Petition #016-94 The Board of Appeals held a public hearing on Tuesday evening, May 10 continued from April 12, 1994 upon the application of Laurie and Michael Pellegrini requesting a variation of section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of tan (10) feet for the front yard setback requirement on the premises located at Lot 20A Equestrian Drive. The following members were present and voting:. Frank Serio, Jr., William Sullivan, Jr., Walter Soule, Clerk, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on March 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule ands second by Mr. Pallone to DENY the variance, the motion failed 2-3. Serio, Sullivan, and Pallone were against. Upon a motion by Mr, Ford and seconded by Mr. Sullivan, the Board voted unanimously to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the -ne-ighborhood --or --derogate -from -the - Intent -and --purpose -of -the Zoning Bylaw. Dated this 20th day of May 1994. BOARD OF APPEALS J_'84 �JA_Frank Serio, YF.�p Chairman EXHIBIT B ATTEST. A Tree Copy Town Cleric NOTICE OF DECISION Any appeal sha!I be filed within (20; doys after the date of filing ut t;.;s i-iotice in the Oi ice of die Town Clea. Date May. 20, 1994 Petition No....016-94 Date of Hearing.`fay 10, 1994 Petition of Laurie. and Michael.Pellegrini.................................... Premises affected Lot 20A. Equestrian Drive ..................................... . Referring to the above petition for a variation from.the requirements of MK . Se.ction. 7,... . Paragraph 7.3 and Table 2 of the Zoning Bylaw .. .................... so as to permit relief of ten (10) feet for the front yard setback requirement. ................................... ..... �` ... After a public hearing given on the above date, the Board of Appeals voted toGRAN the variance and hereby authorize the Building Inspector to issue a permit to Laurie and Michael Pellegrini. The Board finds that the petitioner has satisfiedthe provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Signed Frank Serio, Jr„ Cha an William Sullivan,. Vice-chairman Walter.Soule,.Clerk Robert. Ford John.Pallone. Board of Appeals EXHIBIT C ' ; K TU. NuP.T:: li=R �•.; ten+ �'. •E ,. �s,, lass ; 43 CHo- MaiZ0 VV" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ATTEST. A Tree Copy Town Cleric NOTICE OF DECISION Any appeal sha!I be filed within (20; doys after the date of filing ut t;.;s i-iotice in the Oi ice of die Town Clea. Date May. 20, 1994 Petition No....016-94 Date of Hearing.`fay 10, 1994 Petition of Laurie. and Michael.Pellegrini.................................... Premises affected Lot 20A. Equestrian Drive ..................................... . Referring to the above petition for a variation from.the requirements of MK . Se.ction. 7,... . Paragraph 7.3 and Table 2 of the Zoning Bylaw .. .................... so as to permit relief of ten (10) feet for the front yard setback requirement. ................................... ..... �` ... After a public hearing given on the above date, the Board of Appeals voted toGRAN the variance and hereby authorize the Building Inspector to issue a permit to Laurie and Michael Pellegrini. The Board finds that the petitioner has satisfiedthe provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Signed Frank Serio, Jr„ Cha an William Sullivan,. Vice-chairman Walter.Soule,.Clerk Robert. Ford John.Pallone. Board of Appeals EXHIBIT C Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT , ' Essex Division PLAINTIFFS) DEFENDANT(S) Mark Nichols and Karen Nichols Frank Serio Jr., et al. ATT aRRTEY(SIFIRDdaNmAMSDAnDRESS AND TEL.) 50$) 475-9100 1`1 1C JJ 77 ampson ATTORNEY(S) (if known) Tully & Gilman P.C. 12 Essex Street, Andover, MA 01810 Board of Bar Overseers # (Required) 552808 ORIGIN CODE AND TRACK DESIGNATION Place an ❑x in one box only: 91 1. F01 Original- Complaint Q 4. F04 District Ct. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231, s. 104 (F) 0 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Ct. c 231, s. 102C (X) judgment/order (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE' OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C:02 Zoning Appeal, G.L. c. 40A (F) ❑ Yes No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) Pursuant to M.G.L. ch. 40A, §17, the Plaintiffs, Mark Nichols and Karen Nichols (the "Nichols"), appeal the decision of the Board of Appeals of the Town of North Andover ("Board of Appeals") granting the Application of Laurie and Michael Pellegrini for a variance so as to permit relief of ten feet from the front yard set back requirement. Because the Pellegrinis failed to demonstrate substantial hardship, the Board of Appeals exceeded its authority by granting the variance: 1 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. SIGNATURE OF ATTORNEY OFREC RD OR PLAINTIFF DAT 6 X17 G� ,.BELOW OFFICE DISPOSITION RECEIVED A. Judgment Entered t B. No Judgment Entered BY: ❑ 1. Before jury trial or non -jury hearing ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non -jury hearing Court under G.L. c.231, DISPOSITION ENTERED ❑ 3. After jury verdict s.102C. ❑ 4. After court finding Disposition Date BY: 0 5. After post trial motion DATE: REC�IVli-" ; d�.N0T 01i. NuRT`: t'ER ��. ��« ��� �s.,1853 ; • '►ssgced9�'�. MAyZO I43� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Any appeal shall be died within (20; d, -,vs alta the date of filing ut t,.i; i• otice in the 0i ice of di.- Town Ci0, u. Date ..May 2.0, 1994 ............. Petition No....016-94 Date of Hearing.May 10, 1994 Petition of Laurie. .and. Michael. Pellegrini .......................................... Premises affected Lot 20A. Equestrian Drive ........................................... Referring to the above petition for a variation from the requirements of tbW.. Se.ction. 7,... . Paragraph 7.3 and Table 2 of the Zoning Bylaw .. ....... .. ........... .................... so as to permit relief of ten (10) feet for the front yard setback requirement. .......... .... I................ I .......................... I........ After a public hearing given on the above date, the Board of Appeals voted to GRANT the variance and hereby authorize the Building Inspector to issue a permit to Laurie and Michael Pellegrini. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Signed . Frank Serio, Jr, ,..Cha an William Sullivan,. Vice-chairman Walter. Soule,. Cler.k ....... Robert. Ford John.Pallone. . . .. . Board of Appeals l; 'z NORTH Q� 1�E0 •69�'O + s �'Iss HuSIC S 5 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ***************************** * Laurie & Michael Pellegrini 69 Perry Road Bedford, NH 03110 * ***************************** Any appeal shall be filed within (20) s �f:�, he date of i,•, G :,;is r`;o ice I in the C; ice Clerk, DECISION Petition #016-94 The Board of Appeals held a public hearing on Tuesday evening, May 10 continued from April 12, 1994 upon the application of Laurie and Michael Pellegrini requesting a variation of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw so as to permit relief of ten (10) feet for the front yard setback requirement on the premises located at Lot 20A Equestrian Drive. The following members were present and voting: Frank Serio, Jr., William Sullivan, Jr., Walter Soule, Clerk, Robert Ford and John Pallone. The hearing was advertised in the North Andover Citizen on March 23 and 30, 1994 and all abutters were notified by regular mail. Upon a motion by Mr. Soule and second by Mr. Pallone to DENY the variance, the motion failed 2-3. Serio, Sullivan, and Pallone were against. Upon a motion by Mr. Ford and seconded by Mr. Sullivan, the Board voted unanimously to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 20th day of May 1994. BOARD OF APPEALS Ae,�'Z J'J�� a,'�2 - Frank Serio, J Chairman KAREN H.P. NELSON Director BUILDING CONSERVATION HEALTH PLANNING OF aONTH ,� ►�` Town of a " NORTH ANDOVER ,s@�CMU9Et DIVISION OF PLANNING & COMMUNITY DEVELOPMENT Memorandum TO : North Andover Board of Appeals .147 FROM : Richard Doucette, Conservation Administrator DATE : May 10, 1994 RE : Lot 20A Laconia Variance Request 120 Main Street, 01845 (508) 682-6483 This memo is to inform you that the Conservation Commission has asked the landowner of the above lot to seek a front setback variance. The reason for the variance request is to allow the house to be moved away from the stream which runs immediately behind the house. TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS MEMORANDUM OF LAW IN OPPOSITION TO THE APPLICATION OF LAURIE AND MICHAEL PELLEGRINI FOR RELIEF FROM THE ZONING ORDINANCE INTRODUCTION Mark Nichols and Karen Nichols, by their attorneys Asoian, Tully & Gilman P.C., hereby submit the following memorandum of law in opposition to the application of Laurie and Michael Pellegrini for relief from the Town of North Andover Zoning by-laws. ARGUMENT In Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 613 N.E.2d 893 (1993), a copy of which is annexed hereto, the Supreme Judicial Court held that a variance was not justified under circumstances similar to those present in this case. There, in 1972, a seven lot subdivision was approved in Wareham, and private houses were constructed on six of the seven lots. Thereafter, Wareham increased the required area and frontage for lots in the zoning district in which the subdivision was located, and the lots became nonconforming lots. Approximately ten years later, the Wareham board of appeals granted a variance authorizing the construction of a house on the remaining lot (the "locus"). An adjoining property owner challenged the board's decision. The case was subsequently heard by the Supreme Judicial Court after several appeals. Initially, the Supreme Judicial Court recognized that a variance may be granted if the board of appeals finds as, "to particular land ... that owing to circumstances relating to the soil conditions, shape, or topography of such land... but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the... by-law would involve substantial hardship" to the land owner. Id. at 331 (citing M.G.L.c. 40A, §10). The Court went on to recognize that "unless circumstances relating to the soil conditions of the land, the shape of the land, or topography of the land caused the hardship, no variance may be granted lawfully." Id. In deciding that the variance should not have been granted, the Court found that the hardship in that case had nothing to do with soil conditions, shape or topography of the locus, but was "solely due to the failure of the owner of the locus to construct - 2 - a house on the undersigned locus before statutory protections against the zoning changes ran out." Id. The Court went on to hold that " [t] hat kind of hardship does not justify the granting of a variance." Id. The circumstances in this case are as compelling as those found in Tsagronis. Like the owner of the locus in Tsagronis, the Pellegrinis could have constructed a house on Lot 20A Equestrian Drive years ago. Moreover, as in Tsagronis, North Andover has substantially changed its zoning by-laws. Finally, like Tsagronis, the hardship alleged by the Pellegrinis is solely due to their failure to construct a home on the lot before the zoning changes.' As the Supreme Judicial Court recognized in Tsagronis, that kind of hardship does not justify the granting of a variance. common\mjs\rga.mem 1Massachusetts Courts have consistently overturned grants of variances predicated only on a showing of personal hardship. See Huntington v. Zoning Board of Appeals of Hadlev, 428 N.E.2d 826, 829 (Mass. App. Ct. 1981). - 3 - TSAGRONIS v. BOARD OF APPEALS OF WAREHAM Mass. 893 Clte as 613 N.E.2d 893 (Masa. 1993) ages award under the ADEA from March changes expired did not justify granting of 12, 1991, the date of the jury's verdict. variance. IV. Disposition. Reversed. The amended judgment, entered on June 16, 1992, is affirmed as to its entries con- cerning counts I and II. See note 2, supra. The remainder of that judgment is vacated. An additional judgment is to be entered which (a) on count III awards the plaintiff $295,422 in damages plus interest from March 3, 1988, and $132,323 in attorney's fees and $6,965.24 as costs with interest thereon from the date of the verdict, March 12, 1991, and (b) on count IV awards the plaintiff $270,422 plus interest from the date of the verdict, March 12, 1991. So ordered. WKEY NUMBER SYSTEM T 415 Mass. 329 .1pDimitrios S. TSAGRONIS & another 1 V. BOARD OF APPEALS OF WAREHAM & others.z Supreme Judicial Court of Massachusetts, Plymouth. Argued Dec. 7, 1992. Decided May 24, 1993. Adjoining property owner challenged grant of variance for construction on resi- t'- dential lot. The Superior Court Depart - went, Plymouth County, Suzanne V. Del - Vecchio, �-i -upheld variance, and appeal 71s taken.- The Appeals Court, 33 Mass. ;APp•Ct. 55, 596 N.E.2d 369, affirmed, and - appeal was taken. The Supreme Judicial f Court, Wilkins, J., held that hardship from .f&7ure to construct house on undersized lot i.before statutory protections against zoning Rita M. Tsagronis. Abrams, J., dissented and filed opinion in which Liacos, C.J., and Lynch, J., joined. I. Zoning and Planning x503 Owner of lot in residential develop- ment did not establish that shape of land was cause of any hardship warranting vari- ance; hardship to owner was solely due to owner's failure to construct house on un- dersized lot before statutory protections against zoning changes ran out. M.G.L.A. c. 40A, §§ 6, 10. 2. Zoning and Planning x503 Fact that lot has special shape because of its location on cul-de-sac cannot support granting of variance from area and front- age requirements. M.G.L.A. c. 40A, § 10. George C. Decas (Daniel F. Murray with him), Middleboro, for plaintiffs. Edward T. Troy, Mineola, NY, for defen- dants. Before LIACOS, C.J., and WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR and GREANEY, JJ. WILKINS, Justice. More than twenty years ago, a seven lot subdivision was approved in Wareham, and private houses have been constructed on six of the seven lots. Shortly after the preliminary plan for the subdivision was filed, Wareham i-sreased330 the required area and frontage for lots in the zoning district in which the subdivision was locat- ed and the lots became nonconforming lots. . Since 1984, in circumstances the details of which largely need not concern us, the plaintiffs, owners of a lot that abuts the lot on which no house has been constructed (the locus), have contested with the owners of the locus and with the Wareham board of appeals various issues concerning the right of the owners of the locus to con - 2. Ronald M. Forrester and Kathryn S. Forrester. 11 894 Mass. 613 NORTH EASTERN REPORTER, 2d SERIES struct' a house on it. Our principal concern in this case is with the lawfulness of the grant of a variance by the board of appeals allowing the construction of a house on the locus. The Appeals Court recently considered appeals from three judgments in three sep- arate actions concerning the locus, includ- ing one upholding the grant of the vari- ance. Tsagronis v. Board of Appeals of Wareham, 33 Mass.App.Ct. 55, 596 N.E.2d 369 (1992). We granted the plaintiff abut- ters' application for further appellate re- view with respect to the one judgment that was unfavorable to them. We agree with the Appeals Court's conclusion, affirming the judgments in the two other cases, to the effect that the owners of the locus had no right under G.L. c. 40A, § 6 (1990 ed.), to construct a house on the locus.3 We also agree with the Appeals Court's reason- ing that, in the case that is before us on further review, the plaintiff abutters have [1, 21 The board of appeals decision is standing as aggrieved parties to challenge 'holly silent on any such special circum - the granting by the defendant board of stances relating to the locus that might appeals of a variance authorizing the con- warrant the granting of a variance. The struction of a house on the locus.'' We Superior Court judge rightly recognized the statutory requirement that there must disagree, however, with the Appeals Court's concl ion that the Superior be some special feature concerning the lot 331 to justify a variance. Apparently there Court judge correctly upheld the grant of the variance. was no evidence bearing on the soil condi tions of the land or the topography of the land, because she did not discuss the sub- ject. The judge relied on "the unique shape" of the lot as subdivided. This con- sideration standing alone is, of course, ir- relevant. The fact that the locus has a special shape because of the cul-de-sac can- not suIEort332 the granting of a variance from area and frontage requirements. The hardship here has nothing to do with the shape of the land (which the parties and the courts below have equated with the shape of the lot as subdivided). The hardship is tested facts, the status of aggrieved party proba- bly is compelled as a matter of law. This is not a case in which the status of the plaintiffs as aggrieved parties is founded on a presumption. See Marotta v. Board of Appeals of Revere 336 Mass. 199, 204, 143 N.E.2d 270 (1957). The dissent's claim that such a pre- sumption was rebutted (presumably by evi- dence), and hence it disappeared, is beside the point. upholding the variance granted by the board of appeals. A variance may be granted if, among other things, the board of appeals finds as "to particular land ... that owing to cir- cumstances relating to the soil conditions, shape, or topography of such land ... but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ... by-law would involve substantial hardship" to the land- owner. G.L. c. 40A, § 10 (1990 ed.). We focus on the words "circumstances relating to the soil conditions, shape, or topography of such land" which must be the reason for any substantial hardship to the owner. Unless circumstances relating to the soil conditions of the land, the shape of the land, or topography of the land cause the hardship, no variance may be granted law- fully. We are concerned here with a noncon- forming lot in a subdivision as to which any exemption under G.L. C. 40A, § 6, long. ago expired. The lot is shown as lot 40 on a plan duplicated at the end of the Appeals Court opinion. Tsagronis v. Board of Ap- peals of Wareham, supra at 64, 596 N.E.2d 369. Its frontage is curved in re- flection of the fact that it fronts on the -cul- de-sac at the end of the subdivision road. The sole question we need decide is wheth- er the Superior Court judge was correct in 3. The owners of the locus did not seek further appellate review in those two cases. 4. The Appeals Court correctly recites the uncon- troverted testimony of Dimitrios Tsagronis that his view of Buzzards Bay would be partially obstructed by construction on the locus and that the value of his property would be diminished. Id at 58-59, 596 N.E.2d 369. The trial judge was warranted in finding that the plaintiffs were aggrieved parties. Indeed, on the uncon- I pE oe be be th in 9 su 5. 6. TSAGRONIS v. BOARD OF APPEALS OF WAREHAM Mass. 895 Cite as 613 NX -2d 893 (Mass. 1993) solely due to the failure of the owner of the 369. The Appeals Court concluded its anal - locus to construct a house on the under- ysis by asserting that in its view its conclu- sized locus before statutory protections sion respected "the local prerogative of a against the zoning changes ran outs That board of appeals under G.L. c. 40A, § 10, to kind of hardship does not justify the grant- find that in particular circumstances a re- ing of a variance. sidual unbuilt lot in a subdivision has be - Indeed, when the Appeals Court dis- cussed the statutory requirement, it cor- rectly observed that the locus's deficiency in area and frontage was the problem, far more than its odd shape. Tsagronis v. Board of Appeals of Wareham, supra at 62, 596 N.E.2d 369. It then also correctly observed that "[o]rdinarily, failure to meet dimensional requirements does not satisfy the odd shape criterion of the statute," citing six opinions, five of which are opin- ions of the Appeals Court. Id. at 62-63, 596 N.E.2d 369. In Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass.App.Ct. 966, 967, 511 N.E.2d 635 (1987), not cited in its opinion in this case, the Appeals Court appropriately observed that "[t]he `shape' of a lot is not to be confused with its `size."' 6 Without citation of authority and disre- garding the requirement that the shape of the land must be the cause of any hardship warranting a variance in this case, the Ap- peals Court stated that the board of ap- peals could have found that "the locus had become burdened with an oddity of shape" because the planning board had approved the subdivision333plan and all but one lot in the subdivision had a house on it. Tsa- gronis v. Board of Appeals of Wareham, supra, 33 Mass.App.Ct. at 63, 596 N.E.2d 5. If the shape of any nonconforming lot would warrant a variance from area and frontage re- quirements, the door would be wide open for the construction of a house on each such lot in the Commonwealth. See Warren v. Zoning Bd of Appeals of Amherst, 383 Mass. 1, 11, 416 N.E.2d 1382 (1981), holding that inadequate frontage of a lot does not satisfy the statutory standard for the granting of a variance. 6. Other cases not cited by the Appeals Court that support the view that the size, area, width, or frontage of a lot standing alone do not qualify as "shape of the land" grounds for the grant of a variance from width, area, and frontage require- ments of a zoning by-law include Warren v. Zoning Bd of Appeals of Amherst, supra (front- age); Feldman v. Board of Appeal of Boston, 29 come an aberration as to shape and dimen- sion such as to warrant relief consistent with the planned area in which it is locat- ed." Id. The Appeals Court's conclusion ignores both the statutory requirement that hardship be due to the shape of the land and the precedent which it cited. That conclusion, moreover, is not supported by the two opinions cited in support of it.7 The defendant owners argue that the application of the town's zoning by-law so as to bar construction of a house on their lot is an unconstitutional taking. They did not raise the issue in their answer filed in the Tsagronises' appeal from the grant of the variance. The issue could not properly be raised in the Tsagronises' appeal, to which the town is not a party. The judgment upholding the board of appeals' decision granting the variance is reversed, and judgment shall be entered in the Superior Court vacating the decision of the board of appeals granting the variance. So ordered. ABRAMS, Justice (dissenting, with whom LIACOS, C.J., and LYNCH, J., join). I dissent. In my view the record does not support the conclusion that .the Tsa- gronises are aggrieved parties. I would dismiss the Tsagronises' appeal. Mass.App.Ct. 296, 297, 559 N.E.2d 1263 (1990) (frontage and width); Mitchell v. Board of Ap- peals of Revere, 27 Mass.App.Ct. 1119, 1120, 537 N.E.2d 595 (1989) (area). 7. One opinion recognizes the special familiarity of a local zoning appeals board to which judges should defer when the local board has denied a variance. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557-558, 120 N.E.2d 916 (1954). The other case arose under a vari- ance statute that did not impose the condition (as G.L. c. 40A, § 10, now does) that the hard- ship to the owner be due to circumstances relat- ing to the soil condition, shape, or topography of the land. Kairis v. Board of Appeal of Cam- bridge, 337 Mass. 528, 531, 150 N.E.2d 278 (1958). TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Michael & Laurie Pellegrini 69 Perry Road Bedford, NH 03110 Date: March' 31, 1994 -- Dear Applicant: Enclosed. is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ 9.86 for the following: Filing Fee $ Postage $ 9.86 Your check must be made payable to the Town of Nortii Andover and may be sent to my attention at the Town Office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Linda Dufresne, Clerk Location D5 yA.t i ►�t� No. G -,;�6 Date 5 �� TOWN OF NORTH ANDOVER p Certificate of Occupancy $ Building/Frame Permit Fee $ na r,h cNuSEt Foundation Permit Fee $ Other Permit Fee $ Sewer Connection Fee $ Water Connection Fee $ TOTAL $ Zc0 tQG�S 11:49 1,265.00 PAID Building Inspector Div. 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This does not relieve the applicant and/or landowner from compliance with any applicable local or state law, regulations or requirements. ****************A plicant fills out this section***************** L--�PLICANT : Phone 00 3 S -qA JOZ9 p LOCATION: Assessor's Map Number /&C- t� Parcel °"Subdivision•4sv �1-/�_ Lot(s) Zm /1 street _Y�ic� ,a,v b/Q Ve St. Number ************************Official Use Only************************ RECOO, ATIONS OF TOWN AGENTS: Cdns6rvation Administrator Comments' W Town Planner Comments Food Inspector -Health S 7 1� Idz� DL d- jA ) cf e tic Inspector -Health P99,5 -Yo Comments Date Approved Date Rejected Date Approved Date Rejected Date Approved Date Rejected Date Approved ZOIat5{ Date Rejected 1. L,.­*<blic Works - sewer/water connections ��(�Lt� Co -1 ._75r - driveway permit 7-ji—k) zO--19 -72 ire Dep artme t� %% ©J 0,1A h� 1AJ11C l (i.� {�(G'e(c,J C'bQ �- (•�2� c Fre PT- /0//8/ 9y Received by Building Inspector Date "'T 5 ��ie �anUnzaizcuea� o�./��uaacliudelZd ` DEPARTMENT OF PUBLIC SAFETY CONSTRUCTION SUPERVISOR LICENSE 1tubIer Expires: Birthdate; IL . _ �;�5.-€.,d4t209 � �01109./1998 01/09/1941 • Restr�cte¢':=Toy 1G GEORGE L CHAREST d1 'MES HILL RO PELHAM, NH 03076 Restricted To: 1G 00 - Hone lA - Masonry only 1G - 1 8 2 Falily Holes .t v 10-24-1995 TJ-Beam(TM) v4.42 215001406 1111 Page 1 of 1 TJBEAMA PELHAM BUILDING SUPPLY PO BOX 553 ATWOOD RD. PELHAM, NH 03076 USA Phone: 603-635-7555 Name: HANK MARTINEAU Project Name: HEARTHSTONE DEVEL Page Title: GARAGE HEADER Based on Allowable Stress Design (ASD) BOCA building code for TJM products available through Distribution Application........ Floor - Res. Deflection Criteria ( R) Member Use ................. BEAM Load Classification....... Floor LL Defl TL Defl Member Top Slope(in/ft)... 0.000 Load Duration Factor....... 1.00 Span 1 L/360 L/240 Roof Slope(in/ft)......... 0.000 Live Load(psf)............. 40.0 Floor Decking ............... N/A Dead Load(psf)............. 20.0 Repetitive Member Use....... N/A Tributary Width('-").... 5-0.00 Reinforced Overhangs........ N/A LOAD: Class LDF Begin End Live Load Dead Load Comment 1 Unif(plt) Floor 1.00 0'- 0.00" 16- 0.00" 0 80 Add 2 Unif(plf) Floor 1.00 0'- 0.00" 16- 0.00" 168 80 Add 2 Pcs of 1.75" x 14" Microllam(TM) WS LVL 1.8E ^ 16'- 0.00" ^ SIZE ANALYSIS - ASD This analysis for TJM products only! Substitution voids this analysis. IMPORTANT! The analysis presented below is output from software developed by Trus Joist MacMillan(TJM). TJM warrants the sizing of its products by this software will be accomplished in accordance with TJM product design criteria and code accepted design values. The specific product application, input design loads, and stated dimensions have been provided by the software user. This output has not been reviewed by a TJM Associate. The maximum unbraced length(s) shown are based on the controlling compressive forces on either the top or bottom edges of the member. Lateral bracing needs to be properly attached and positioned to achieve stability. Note: See Residential Products Reference Guide for multiple ply connection. Maximum Design Allowable Control Shear(lb) 5125 4377 < 9217 211% RT. end Span 1 under Floor loading Moment(ft-lb) 20499 20499 < 24258 118% MID Span 1 under Floor loading Live Defl.(in) 0.407 < 0.533 L/471 MID Span 1 under Floor loading Total Deft. (in) 0.709 < 0.800 L/271 MID Span 1 under Floor loading ^ Span 1 ^ Max. Reaction Total(lb) 5125 5125 Live(lb) 2944 2944 Required Brg. Length(in) 3.45(W) 3.45(W) Max. Unbraced Length(in) 32 Copyright (c) 1995 by Trus Joist MacMillan, a limited partnership, Boise, Idaho. Microllam(TM) and TJ-Beam(TM) are trademarks of Trus Joist MacMillan. A1C -1995 TJ-Beam(TM) v4.42 2150014Q6 1111 Page 1 of 1 TJBEAMA PELHAM BUILDING SUPPLY PO BOX 553 ATWOOD RD. PELHAM, NH 03076 USA Phone: 603-635-7555 Name: HANK MARTINEAU Project Name: HEARTHSTONE Page Title: 2ND FLOOR CARRY BEAM Based on Allowable Stress Design (ASD) BOCA building code for TJM products available through Distribution Application........ Floor - Res. Deflection Criteria (R) Member Use ................. BEAM Load Classification....... Floor LL Deft TL Defl Member Top Slope(in/ft)... 0.000 Load Duration Factor....... 1.00 Span 1 L/360 L/240 Roof Slope(in/ft)......... 0.000 Live Load(psf)............. 40.0 Floor Decking ............... N/A Dead Load(psf)............. 20.0 Repetitive Member Use....... N/A Tributary Width('-")... 12- 0.00' Reinforced Overhangs........ N/A LOAD: Class LDF Begin End Live Load Dead Load Comment 1 Unif(plf) Floor 1.00 0'- 0.00" 12'- 0.00" 0 60 Add 2 Unif(plf) Floor 1.00 0'- 0.00" 12'- 0.00" 240 120 Add 7" x 9.5" Parallam(R) ES PSL 2.0E ^ 12'- 0.00" ^ SIZE ANALYSIS - ASD This analysis for TJM products only! Substitution voids this analysis. • 14 IMPORTANT! The analysis presented below is output from software developed by Trus Joist MacMillan(TJM). TJM warrants the sizing of its products by this software will be accomplished in accordance with TJM product design criteria and code accepted design values. The specific product application, input design loads, and stated dimensions have been provided by the software user. This output has not been reviewed by a TJM Associate. The maximum unbraced length(s) shown are based on the controlling compressive forces on either the top or bottom edges of the member. Lateral bracing needs to be properly attached and positioned to achieve stability. Maximum Design Allowable Control Shear(lb) 6965 6046 < 12857 213% LT. end Span 1 under Floor loading Moment(ft-lb) 20895 20895 < 26115 125% MID Span 1 under Floor loading Live Defl.(in) 0.358 < 0.400 L/402 MID Span 1 under Floor loading Total Defl.(in) 0.578 < 0.600 L/249 MID Span 1 under Floor loading ^ Span 1 ^ Max. Reaction Total(lb) 6965 6965 Live(lb) 4320 4320 Required Brg. Length(in) 2.34(W) 2.34(W) Max. Unbraced Length(in) 32 Copyright (c) 1995 by Trus Joist MacMillan, a limited partnership, Boise, Idaho. Parallam(R) is a registered trademark of Trus Joist MacMillan. 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