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Miscellaneous - 8 ADRIAN STREET 4/30/2018 (4)
&A Aj�r,'eve� ❑ Variance ❑ Special Permit APPLICATION FILED ON:— DECISION DUE ON:--K7—(a - � S ©K J "j't'LegW Notice TOWN OF NORTH ANDOVER= "� F BOARD OF APPEALS'NOTICE of "O D7M June 13, 1985 ,t<,`�,.'�. �o Notice is. hereby given that F ° the Board of Appeals will give a p hearing at the Town Building; y • North Andover,' on Monday evening; the ' .12th day of 3� �,.•�t, August, 1985, at 7:30 p.m., to sS^cNusE� all parties interested in the ap- plication of John W. Casey,.? . requesting a review of a decision made by the Buildine spector concerning the operation of'ABC Bus Company on premises located at 8 Adrian Street. By Order of the Board of Appeals. z' Frank Serlo,'.Jr., Chairman Publish N.A. Citizen: June 20 and 27, 1985- — - . f14 Legal Notice ~TOWN Or NORTH ANDOVER BOARD OF APPEALS NOTICE I NORTH Jure 13 1985 3�°•*,"°_;•1tio Notice is hereby given '.hat o ° the Board of Appeals will give a p hearing at the Town Building, + North Andover, on Monday evening. the 12th day of ' `°' " • August, 1985, at 7:30 m., to SSAC all parties interested in the ap plication of John W. Casey, Sr. requesting a review of a decision made by the Building In- spector concerning the operation of ABC Bus Company on premises located at 8 Adrian Street. By Order of the Board of Appeals. Frank Serio, Jr., Chairman Publish N.A. Citizen: June 20 and 27, 1985 f14 "Legal Notice TOWN OF NORTH ANDOVER, V.:" BOARD OF APPEALS'NOTICE f NORTH '., ti j June 13,1985 so.;; ;•�tio ;"Notice is -hereby given th °c the Board of Appeals will giv, S .-hearing at the;Town Building, North' Andover,' on .Monday evening; the., •121h day of �,'•o;;;;: ;,:�'' ' August, 1985, at 7:30 p.m:, to VSs^cHus�� all parties interested in the ap plication of John W. Casey, Sr. requesting a review of a decision made by the Building In- spector concerning the operation of ABC Bus Company on premises located at 8 Adrian Street. By Order of the Board of Appeals. Frank Serloj'Jr., Chairman Publish N.A. Citizen: June 20 and 27,4985-w- f14 � HORT1, K i � '� b•.no •A� ,sUcwUs�t TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Dater Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit $ U for the following: Filing Fee $ - 00 Postage $ Your check must be made payable to the Town of forth Andover and may be sent to my attention at the Town Office 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS Jean E. White, Clerk r i S t' MpRTh p� t..e y stip O p r � r s� rr '4 b.•.�e r""tai ,SSACNus TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 13, 1985 Notice is hereby given that the BOARD OF APPEILS will. hold a hearing at the Town Building, North Andover, or Monday evening, the 12th day of August, 1985 at 7:30 p.m. tcc all parties interested in the application of JOHN W. CASEY, =R. requesting a review of a decision made by the Building Inspec: or. concerning the operation of ABC Bus Company on premises located at 8 Adrian Street. by Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Citizen: June 20 and 27, 1985 Send bill to: John W. Casey, Sr., 84 Innis St., No. Andover o 1A Reoeived by Town Clerx: pyJL SONO CLERK will, 44DOVER TO"N OF �DI�1'fi ANbbVER MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE _I bS9- 9r78 j Applicant�_0 vL �_S �� _ _S_ c-. _---Address '04 T_hn; N 1. Application is hereby m: a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. �- -- - As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority.. 2. a) Premises afft-ted are land --and building(s)__numbered —__ Street. b) Premises affected are property with frontage on the North ( ) South ( ) Last ( ) West ( side of__ Street, and krown as No._-��11ilyl �r-�r_ Street__ c) Premises affected are in Zoning District _, and the premises affected have an area of _square feet and.frontage of feet. — 3. Ownership a) Name and address of owner (if joint ownership, give all names): Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: I' _-Prospective.Purchaser---Lesee ---Other (explain) 4. Size of proposed building: front;-- --feet deep; Height`_ stc ies- __feet. I a) Approximate date of erection. b) Occupancy or rse of each floor:___ c) Type of constz action: �j� a{�--- iL�1�.� No ) \ 5. Size of existing biilding: feet front; -------feet deep; Height stor'•es; feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of cons truction: _\Z_00�_----_— __ 6. Has there been a previous appeal, under zoning, on these premises? NC�,Q— If so, when?—_!— el�3���- r , , 7. Description of relief sought on this petition -Jw\ _ 8. Deed recorded in the Registry of Deeds in Book —Page —___- Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) & �� 1 �, ;fie �,s �,3�,��s. �-- _25��,e T t GIAPz2 /<w.- s..c C;Ala?-Xe, XePs•t.vTr 13. • 2OWi gXY I agree to pay the fig fee, advertisx6g n newspaper, and incidental,6';* ;* expenses* ------ ----------- gnature of Peti n e rTsT ------------------ --- er Every application for (tion by the Bo rd shall be made on a form approved by the Board. These fo;:ns shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to reek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitione::, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300') of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with art application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs i.(volved in bringing the petition before the Board. Such costs shall incIll-le 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 Flailable from the Board of. Appeals upon request. �11K LIST OF PARTIES IN INTEREST / Name 1<_12�r.�-� c/ Address�� %b j, ' (use dditional,. sheets if necessary) ✓ e C , 4 , PL.`'T OF LAND TO ACCOMPANY PETITION Each application and petition to the Board shall be accompanied by five (5) copies of tie following described plan: The size of the Alar shall be 11 x 17, drawn to scale, -1 inch . - - equals 40 feet; it .hall have a north point, names of streets, zoning districts, names and addresses of owners of properties within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties. The location of buildings or use of the property where a variance is requested and distances from adjacent buildings and property lines shall be verified in the field and shown on the plan. The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces shall be shown. Entrances, exits, driveways, etc. that are pertinent 'to the granting of the variance shall be shown. All proposed data shall be shown in red. Any topographical feature of the parcel of land relied upon for a variance, such as 1._dge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineering plan. When a variance is request.d to subdivide a parcel of land, the dimen- sions and area of the irrounding lots may be taken from the deed or lotting plan for comparison of the size of the lots in the neighborhood, noted m the plan as such, and marked "approximate". The plan shall be eigned and bear the seaL of a registcrcd surveyor or engineer Any plans presented with the petition shall remain a part of the records of the Board of Appeals. If living quarters re to be remodeled, or areas are to be converted into livin(x quarters, in additin to the plot plan, five (5) copies of the following described plans shall be furnished: 1. A floor plan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing the stairways, halls, doors opening into the halls, and exit doors of each floor or floors where no re- modeling or converting is to be done; 3. The plans and elevations shall show all existing work. All proposed work shall be shown in red. The size of each plan shall be 11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch equals one foot. All plans and elevation, presented with the petition shall remain a part of the record- c' the Board of Appeals. For petitions requesting variation(s) from the provisions of Section 7, Paragrpah: 7.1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for coiveyance purposes only, a plot plan, certified by a registered engiieer or land surveyor, of the parcel of land with a structure theieon being conveyed, will be acceptable to the Board of Appeals pro\ided: 1. The dwelling(s), structure(s), or building(s) were constructed prior to March 14, 1977. 2. The petition is not to allow construction or alteration to the dwelling(s), structure(s), or building(s) which will re- sult in the need for the issuance of a building permit. 3. The size of the plan shall be no smaller than B 1/2 x 11 inches and must show the existing area of the parcel, the -- existing frontage, and the existing setbacks of the dwelling(s), structure(s), or building(s) being conveyed. 4. Proper space is provided on the plot plan for the Board's signatures, as .•ill as adequate space for the following information: da filing, date of public hearing; and date of approval. -ace V JOSEPH E. BOULANGER ATTORNEY AT LAW 11 CHESTNUT STREET ANDOVER, MASS. 01810 TELEPHONE: (617) 475-6505 November 20,1985 Board of Selectmen Town of North Andover 120 Main Street North Andover, Mass. 01845 RE: Carter vs. Serio Essex Superior Court No. 83-3005 Court of Appeals N0. AC -84-949 Dear Members of the Board: Enclosed please find a Notice of Dismissal in the above entitled matter. This relates to the case on which Summary Judgment was entered in favor of the Town. We still have not received any word from Judge Brady regarding the outcome of the case which actually went to trial last Spring. I will inform you as soon as I receive any word on this. Very truly yours, Joseph E. Boulanger, Esq. JEB/pdb Enc. cc: Mr. Frank Serio North Andover Board of Appeals 120 Main Street North Andover, MA 01845 Domenic Scalise, Esquire Peter Shaheen, Esquire 89 Main Street North Andover, MA 01845 NANCY TURCK FOLEY SUNK RONALD 0. CREEDON FIRST ASSISTANT CLKRK WARREN L SHIELDS ASSISTANT CLSRK ANDREW P. QUIGLEY. JR. ASSISTANT CLSRK ASHLEY BROWN AHEARN ASSISTANT GKRS c COMMONWEALTH OF MASSACHUSETTS THE APPEALS COURT CLERK'S OFFICE BOSTON 02108 c- �J��UGJ� i September 18, 1985 Martin Jacobs, Esq.. Qne Faneuil Hall Marketplace $oston, MA 02109 Re: A.C.-4 -949 JOHN E. CARTER ET AL v FRANK SERIO, JR. ET (6 17) 725.8106.7 APPEALS COURT I 12 Clerk Dear Counsel: In accordance with Standing Order #_17A of this Court, as entered March :22, . -1982 (copy enclosed) , you are hereby -given. notice that the subject-appeal/report shall be dismissed -for' lack of prosecution consistent with said Order for the follow- ing reason: Brief/appendix not redeived. Very truly yours, Clerk- cc- Joseph lerk_cc:Joseph E. Boulanger, Esq. 11 Chestnut Street Andover, MA 01810 NOTICE TO: awt of Court County of: Case No.: yo Date: a� G/fA Attest: az- M. 'N . TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS p TO: Board of Selectmen Zoning Enforcement Officer FROM: Board of Appeals DATE: August 16, 1985 RE: Application #46-85, John W. Casey The Board of Appeals has upheld the decision of the Zoning Enforce- ment Officer, dated May 21, 1985 regarding ABC Bus Co. The Board recommends that in the event the ABC Bus Co. fails to comply with the decision to cease as of September 1, 1985, that the Zoning Enforcement Officer institute necessary legal proceed- ings to obtain enforcement forthwith, and to impose a penalty pur- suant to Section 10.13 of the Zoning ByLaw. We also suggest that the Fire Department be informed of any proceed- ings instituted and that a recommendation be made to have the permit for storage of fuels revoked. Further, the Board respectfully requests the Board of Selectmen to assist the Zoning Enforcement Officer should legal proceedings be necessary. Sincerely, AEF: awt cc: Chief Dolan, Fire Department Frank Serio, Jr., Chairman BOARD OF APPEALS j,� r �_ �� �S� / TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN HORTh OF ire° �a •vh0 TELEPHONE 682-6483 4,1x SSAC HUS TO: Building Inspector, Charles Foster Fire Chief, Wm. Dolan Town Counsel, Scalise & aheen Zoning Board of Appeals ABC Bus Company John Casey Bruce Hannay FROM: Board of Selectmen DATE: August 27, 1985 SUBJ: Review of ABC Bus Company Matter Please be advised that the Board of Selectmen have scheduled discussion on the ABC Bus Company's deadline for complying with the Zoning Bylaw, for Mondays September 3, 1985 at 7:30 p.m. in the Selectmen's Meeting Room, Town Hall. /ch H t~ 'Ar - JOSEPH FITZGIBBONS t PETER T. SLIPP KENNETH M. HOM5EY FITZGIBBOITS T Y , SLIPP & HOMSEN(� *j�{�j*�N� ATTORNEYS AT LAW Oitlf}_ G.tC 316 ESSEX STREET (J t, p LAWRENCE, MASSACHUSETTS 01640 7 3 ti� 1' f TELEPHONE (617) 661-0666 September 3, 1985 Town of North Andover -ANIEL LONG, TOWN CLERK 20 Main Street arth Andover, MA 01845 RE: ABC BUS COMPANY INC., VS. BOARD OF APPEALS & APPLICANT JOHN W. CASEY, SR. Dear Mr. Long: Pleae be advised that the.decision of the' Board of Appeals dated August 15, 1985 regarding the application of John W. Casey, Sr. has been appealed to the Trial Court, Distric Court Department, Lawrence Division as Civil Action No.. /3 �/0 ,57 JF/mi j 4. t H t~ 'Ar - JOSEPH FITZGIBBONS t PETER T. SLIPP KENNETH M. HOM5EY FITZGIBBOITS T Y , SLIPP & HOMSEN(� *j�{�j*�N� ATTORNEYS AT LAW Oitlf}_ G.tC 316 ESSEX STREET (J t, p LAWRENCE, MASSACHUSETTS 01640 7 3 ti� 1' f TELEPHONE (617) 661-0666 September 3, 1985 Town of North Andover -ANIEL LONG, TOWN CLERK 20 Main Street arth Andover, MA 01845 RE: ABC BUS COMPANY INC., VS. BOARD OF APPEALS & APPLICANT JOHN W. CASEY, SR. Dear Mr. Long: Pleae be advised that the.decision of the' Board of Appeals dated August 15, 1985 regarding the application of John W. Casey, Sr. has been appealed to the Trial Court, Distric Court Department, Lawrence Division as Civil Action No.. /3 �/0 ,57 JF/mi j ESSEX, SS COMMONWEALTH OF MASSACHUSETTS DISTRICT COURT LAWRENCE TRIAL COURT CIVIL ACTION NO. ABC BUS COMPANY, INC. Plaintiff * VS. * COMPLAINT * FRANK SERIO, JR., ALFRED E.. FRIZELLE, AGUSTINE W. *, NICKERSON, WILLIAM J. SULLIVAN* RAYMOND A. VIVENZIO, WALTER SOULE AND JOHN SIMONS, as they* are members of the NORTH ANDOVER BOARD OF APPEALS, and JOHN W. CASEY, SR. as he is applicant before the North Andover Board of Appeals Defendants * * * * * * * * * * * * * * * * 1. This action is bought pursuant to Massachusetts General Laws Chapter 40A, Section 17, to appeal from the decision of the North Andover Board of Appeals sitting in review of a decision of the North Andover Building Inspector pursuant to Massachusetts General !Laws Chapter 40A, Section 8. 2. -The Plaintiff, ABC Bus Company, Inc. of 8 Adrian Street, North Andover, MA, is a Massachusetts corporation with its usual place of business at said address. R 3. The Defendant, Frank Serio, Jr., is an adult individual residing at 250 Hillside Road, North Andover, MA and is a member of the North Andover Board of Appeals. 4. The Defendant, Alfred Frizelle is an adult individal residing at 131 Appleton Street, North Andover, MA and is a member of the North Andover Board of Appeals. 5. The Defendant, Augustine W.. Nickerson is an adult individual residing at 100 Moody Street, North Andover, MA and is a member of the North Andover Board of Appeals. 6. ' The Defendant, William J. Sullivan is an adult individual residing at 405 Salem Street, North Andover, MA and is a member of the North Andover Board of Appeals. 7. The Defendant, Raymond A. Vivenzio is an -'adult individual residing at 11 Appledore Lane, North Andover,. MA and is a member of the North Andover Board of Appeals. 8. The Defendant, Walter Soule is an adult individual residing at 70 Raleigh Tavern Lane, North Andover, MA and is a member of the North Andover Board of Appeals. 9. The Defendant, John Simons is an adult individual residing at 74 Rock Road, North Andover, MA and is a member of the North Andover Board of Appeals. A, 10. There is presently at. the time of filing this Complaint, one vacancy as an associate member to the Nor.th..Andover Board of Appeals. 11. The Defendant, John W. Casey,.Sr., is an adult individual residing at 84 Innis Street, North Andover, MA and an applicant befor the North Andover Board of Appeals resulting in the decision which -is herein appealed. 12. The Plaintiffs, ABC Bus Company, Inc., is a Massachusetts corporation with its usual place of business at 8 Adrian Street,, North Andover, MA, hereinafter referred to as the "subject premises", and is engaged in -the business of owning, operating and maintaining school buses. 13. The Plaintiffs, or its predecessors in business-, have occupied the subject premises since 1971 for the purposes of owning, maintaining and operating a fleet of isch6ol buses providing school transportation to several area communities. 14. the subject premises have been used uninterrupted since 1946 for retail and wholesale business purposes. 15. The premises are licensed for the purposes.of storing I gasoline for the school bus needs by the North Andover Board of Selectmen. 16. The Plaintiffs on May 21, 1985 were notified by the North Andover Building Inspector,. Charles H. Foster, that a zoning violation existed and that all buses must be removed from the subject premises by September 1, 1985. (See *.the letter of the Building Inspector dated May 21, 1985, appended hereto as Exhibit A). 17. The Defendant, John W. Casey, applied to the North Andover Board of Appeals requesting a review of the decision of \ the North Andover Building Inspector. (See application appended hereto and marked as Exhibit B). 18. The Board of Appeals, pursuant to the application, held.a Public Hearing on August 12, 1985 at which time the Board _ of Appeals reviewed the decision of the Building Inspector regarding the operation of the ABC Bus Company, Inc. at the subject premises. 19. The Board of Appeals entered a decision -dated August 15, 1985, that the ABC Bus Company, Inc. occupied the subject premises in violation of the zoning ordinances and upheld the .decision of the Building Inspector dated May 21, 1985 ordering the Plaintiffs to vacate the premises. (See the decision of the Board of Appeals dated August 15, 1985 and appended hereto as Exhibit C). 260 The decision of the North Andover Board of`Appeals.and its. Building Inspector exceeds its authority as A. The Plaintiff occupies' the premises under legally existing rights as a nonconforming use. B. The Town of North Andover,by its granting of licenses for the occupation of the.premises is estopped from ordering the Plaintiffs to vacate the premises.' C. The Town of North Andover is estopped from enforcing any zoning violation, if any, by the statute of limitations. D. The applicant and the Town of North Andover failed to produce sufficient evi-dence to the North Andover. Board of Appeals that a zoning violation existed. E. The r Defendant Board -acted arbitrarily and capriciously in upholding the decision of the Building Inspector. WHEREFORE the Plaintiffs demand: 1. The decision of the Board of Appeals be anulled.. 2. The Court order that the decision of.the North Andover ! y 1 Building Inspector to vacate the premises be anulled. 3. That the matter be remanded to the North Andover Board of ! a Appeals for further findings not inconsistent with the orders' of the Court. 4. For such further relief as the Honorable Court deems just and appropriate. ABC S COMPANY, INC.. {. RAFFA. A BALSAMO, PRESIDENT 8 Adrian Street' North Andover, MA 01845 ABC BUS COMPANY, INC: by its attorney, �.. JO P FI ONS 6 Esse treet Lawrence, -MA 01840 (617) 681-0666 NORTH ANDOVEI? BUII.DING DEPARTMENT Mp�1p • 120 MAIN STREET +° ••••�,tio - F .a .'.'.: -•' of NORTH ANDOVER, MA 01845 ;'sswcwus�r INSPECTOR OP Burn) os- Tn.. 888-9102 ELECTRICAL INSPECTOR CAS INSPXCTOR May 21,-1985- A. B. C. 1,.1985_A.B.C. Bus Company Inc. Adrian Street. North Andover, Ma. 01845 . Gentlemen: You were previously notified by me that your bus company which is located on Adrian Street, constituted a Zoning violation. Said violation must be corrected by removing all busses by September 11 1985. After this date no busses may be stored, garaged or parked on your property, located on Adrian and Innis Street. i Ver; truly yours, :. Chai les } . Foster--. (-•i i .. . - INSF XTOR OF BUILDINGS and Z0N14G OFFICIR C.H.F. . E. D. enclose: copy to: Town Counsel John W.Casey i A.B.C. Bus �z;ceived by Town C1erK3 ,, ± RECEIVED L�Xfl ii j DANIEL LONG T0W'N CLERK }IOR7N ANI)OVER TOT IN OF)1�H bbVER, MASSACHUSETTSI BOARD OF APPEALS 1 APPLICATION FOR. RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant��,2)!�Vx_ _Sr. –_ Address 1. Application is hereby ma a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section –Paragraph' —of the Zoning _ By Laws. „ a ` Building InsFictor or other authority, _ �. 2. a) Premises affL�ted are land and building(s) –numbered Street. b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West (. dem Street, and and kr own as, No. t A ('�Yl Street. r' c) .Premises affected are in Zoning District_, and the premises affected have 3n area of —_square feet and, frontage of. feet 3. Ownership. - a) ,Name and address of owner (if joint ownership, give all names):, Date of Purchase Previous Owner b) If applicant is not owner, check .his/her interest in the premises: _ Prospective PurchaserLesee_ Other (explain) 4. 'Size of proposed building: front, _—feet deep; l Height. stG.ies: feet. 'a) Approximate date of erection b) Occupancy or rs of each floor: 1 c) Type of consti. action: - - I 5. Size of existing k iiiding: feet front; feet deep;..__ Height stor''es; feet:' a) Approximate date of erection: j b) Occupancy or use of each floors___ i "c) Type of construction:, �7(�n _ l Has there been a previous appeal, under zoning, on these premises? i j �C) If so, when? Al'i�. 1 A True Copy • Town awk _ /l 7. Description of reli,:f sought on this petition a. Deed recorded in the Registry of Deeds in Book ` Page Land Court Certificate No: Book Page -' The principal points upon which I base my application areas follows. (must be stated in detail) ?� azzw!�E41��V��. s/.la,✓/v ��es s�F�riErs Til <� � L-LG'_1 w T'" " • «1i1..�cT �.n� ��alL�=�1.a�C 5--a,?t— Jim 1SicF( 1 •• c��r Y K";,e Pte 1GcY M—�� r of E.n^/sem �E J1�✓1� .[s/Ovre ''i�yy/ vd/ 6P�j//FoJ�rZe �L°PsG/e'i!/T–.r p.✓G�zO.✓i I agree to pay the fii�g fee, adverti..S g 'n newspaper, and incidental f Z's., expenses* a; )ction nature of Peti -r nerfsj—"—'�---- Every application for by the Bo rd shall be made on a form approved by the Board. These fo;ns shall be furnished by the Clerk upon request. Any communication purpo*ting to be an application shall be treated as mere notice of .intention to reek relief until such time as it is made on the official application foam. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or- way, and abutters to the abutters.withfn three hundred feet (300') of the property line of .the petitioner.' as 1. 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 i_ivDlved in bringing the petition before the Board. Such costs shall incl -le mailing and publication, but are not necessarily limited to these. Every application shall 5e submitted with a'plan of land approve1. d 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 a,+ailable from the Board of. Appeals upon request. LIST OF PARTIES IN INTEREST / Name Address �b ,e 76 41, (use .dditional: sheets if necessary) N, ftECEIYED DANIUL LORG TOWN CLERK RORTY, AhOOVER. AUG TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building North Andover, MA 01845 Any appeal shall be filed within (20) days after the offlIng of this Notice )n the Office .of. the Town August 15, 1985 T-1— W 'Casey,Sr 84 Innis Street Petition A6-85 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, August 12, 1985. Upon the application of John W. Casey, Sr. The bearing was advertised in the Torth,,Andover Citizen on July 25, 1985 and August 1, 1985 and all abutters were notified by regular mail. The following members were present and voting; Fra . nk Serio, Jr., Chairman, Alfred E. Frizelle, Esq., Vice Chairman; Augustine W. Nickerson, Clerk;.William J. Sullivan and Raymond A. Vivenzio. The petitioner seeks, as. an aggrieved party, a review of a decision made by the Building Inspector or other authority on May 21, 1985, and would like the July 1, 1985 deadline upheld, R-3 zoning. Mr. Casey requested a review of a decision made by the Building.Inspector regarding the operation of the ABC -Bus Company of 8 Adrian Street. Mr. Casey .questioned the creditability of ABC regarding the 9/1/85 -d eadline- No representative of ABC Bus Company at public bearing. Motion made by Mr. Frizelle, seconded by Mr. Nickerson that based -on evidence - presented there was a zoning violation of ABC. Decision of Building Inspector, dated May 21, 1985, was proper and Board upholds decision of Building. Inspector. Four board members in favor, one*opposedf Mr.. Vivenzio. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman awt AT,, k-1 A Tiue CWY Town Cie* 0RT .:: RE-CEIVEO DANIEL LONG o ny appeal� s'-! be filed <' TOWN CLERK M* Lam• ] • 1x35 . .... zt:nr the. .. NORTH ANDOVER �i,••• .� within (20j '►;S-ICHU date of filing Li. ,Otice AUG I G 8 49 ' 85 • - � � - = " in 'the Office of the, Towria TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS N NOTICE OF DECISION _ i Date . August 15,,• .1985 • . • • • Petition No..:.. #46-85 .................... Date of Hearing. August 12,..1985, Petition of . John W. Casey. . Sr..:.. .......... ..... ......................I ...... Premises affected ..ABC Bus, Co.. ;, ,8 .Adrian ,Street .................. .................. Referring to the above petition for a variation from the requirements of iheDecision made by . Building Inspector on May 21', 1985 reviewed and would like the July 1, 1985 .. deadline .upbeL>i.,..R-3. . ........ �:. �o- t- ...........:... .................................................... .......... ........ ............. ......... -..... ... ... ........ .�•• After a public hearing given on the above date, the Board of Appeals voted to DENY.. :.:.c the I O. Party aggrived petition .. a b authg;iza tho Building Inspeater to isene a decision of Building Inspector dated May 21,-1985 was proper and Board. upholds decision of Building Inspector.above weitle, based upon th. '= Signed rani o, Jr., ha?rman Alfred E. Frizelle, Esq., Vice Chr. Augustine W. Nickerson, Clerk William J. Sullivan Raymond A. Vivenzio Board. of Appeals k' w RECLIYED DANIEL 1.0hG NORTF, �t+MOVER AUG f 49 TOWN TOWN OF NORTH ANDOVER MASSACHUSETTS Any aon^a! s',a!I be filed within (2.0) ci^ys after the ,date of fi ire ; of this Notice ;in the Office of the Town Clerk. -- BOARD OF APPEALS Ai1gust 15, 1985 John W. Casey, Sr. Mr. Daniel Long, Town Clerk 84 Innis Street Town Office Building Petition #46-85 North Andover, MA 01845 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, August 12, 1985 upon the application of John W. Casey, Sr. The hearing was advertised in the North Andover Citizen on July 25, 1985 and August 1, 1985 and all abutters were notified by regular mail. The following members were present and voting; Frank Serio, Jr., Chairman, Alfred E. Frizelle, Esq., Vice Chairman; Augustine W. Nickerson, Clerk; William J. Sullivan and Raymond A. Vivenzio. _._ The petitioner seeks as an aggrieved party, a review of a decision made by the Building Inspector'or other authority on May 21, 1985, and would like the July 1, 1985 deadline upheld, R-3 zoning. Mr. Casey requested a review of a decision made by the Building Inspector regarding the operation of the ABC Bus Company of 8 Adrian Street. Mr. Casey questioned the creditability of ABC regarding the 9/1/85 deadline. No representative of ABC Bus Company at public hearing. Motion made by Mr. Frizelle, seconded by Mr. Nickerson that based on evidence presented there was a zoning violation of ABC. Decision of Building Inspector, dated May 21, 1985, was proper and Board upholds decision of Building Inspector, Four board members in favor, one opposed, Mr. Vivenzio. Sincerely, BOARD OF APPEALS Frank Serio, Jr. Chairman awt f." " ay appt:a! i „ filed wJ.!iin (M t -, the. date of .otice; in the Office of the Town) Clerk. -4-••-- Date . August 15 , 1985 Petition No..... #.4.6-85 ...... Date of Hearing. 494st. P.,. 1985 Petition of . John . W r . Ca.seY i . S r. ....... ................................................ . premises affected ABC Bus, Co..,..8.Adrian Street .................... Referring to the above petition for a variation from the requirements of•theDecision. made by Building Inspector on May 21, 1985 reviewed and would like the July 1, 1985 - -- _ deadlin.e .upheld.,..8-3'.;Qni.ag................................................. . ........................................................................................ After a public hearing given on the above date, the Board of Appeals voted to DENY the Party aggrived petition pepmitte_Aecision of Building Inspector dated May 21, 1985 was proper and Board .............. upholds decision of Building Inspector. Signed T rank Serio, Jr., hairman ..........I ................. Alfred E. Frizelle, Esq., Vice Chr. 4ugustine W. Nickerson, Clerk ......................................... William J. Sullivan ............................. I........ Raymond A. Vivenzio ................................. Board. of Appeals RECEIVED + DANIEL LONGTOWN � tNoRrh'� CLERK NORTH 000YER •a, S •• 1855 �• An 16 8 49 AN' 85 i9ss ••••'Q,4- ` V•"�Y TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION " ay appt:a! i „ filed wJ.!iin (M t -, the. date of .otice; in the Office of the Town) Clerk. -4-••-- Date . August 15 , 1985 Petition No..... #.4.6-85 ...... Date of Hearing. 494st. P.,. 1985 Petition of . John . W r . Ca.seY i . S r. ....... ................................................ . premises affected ABC Bus, Co..,..8.Adrian Street .................... Referring to the above petition for a variation from the requirements of•theDecision. made by Building Inspector on May 21, 1985 reviewed and would like the July 1, 1985 - -- _ deadlin.e .upheld.,..8-3'.;Qni.ag................................................. . ........................................................................................ After a public hearing given on the above date, the Board of Appeals voted to DENY the Party aggrived petition pepmitte_Aecision of Building Inspector dated May 21, 1985 was proper and Board .............. upholds decision of Building Inspector. Signed T rank Serio, Jr., hairman ..........I ................. Alfred E. Frizelle, Esq., Vice Chr. 4ugustine W. Nickerson, Clerk ......................................... William J. Sullivan ............................. I........ Raymond A. Vivenzio ................................. Board. of Appeals INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 August 12, 1985 Booted o6 Appeals Town 066ice Bu-itding Nv th Andover., Ma. RE: Petition aj John W. 'Casey, Sn. G en,t2emen: There hays been cov idenabte cogAmpondence between aP.e pattim invotved to the A.B.C. Buts Co. zoning viotati.on, which you w.i t { i.nd enc eons ed. I w,i t be at you& meeting to give an up-to-date n.epont. Ue-y tkuty youm, CHARLES H. FOSTER a �I INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF: a4 Enc. 14ORT" HU A TEL. 888-8102 1 NG11TM 1 '� Y � 04 ♦ s �•� i 7 ,SSACHUSY4 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Jura 12, 1985 ---- Mr. John W. Casey, Sr. 84 Innis Street North Andover, MA 01845 Dear Mr. Casey: Your petition requesting a review of a decision made by the Building Inspector regarding the operation of a bus company at 8 Adrian Street has been received by this office. Due to the recent resignation of two Board members and the approaching vacation season, the Board is unable to conduct business during the month of July. The next regular meeting will ,be held on Monday,` August 12, 1985 at 7:30 p.m. in the Town Office Meeting Room. :'our petition will be placed on the agenda at that time. FS/jw cc Board of Selectmen Sir, :erely, BOP.RD OF APPEALS Fra, k Serio, Jr., Chai r Baan w TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN NORTH OF,tEo a gti0 TELEPHONE 882.8483 ,9 MATED �'y'(y SSACFNS� MEMORANDUM TO: Zoning Board of Appeals FROM: Board of Selectmen DATE: June 10, 1985 SUBJ: Consideration of Neighbors' Appeal of ABC Bus Co. Ruling The Selectmen now understand that your board has scheduled the Innis Street neighbors' appeal of the Building Inspector's ruling in the matter of ABC Bus Co. under "other business" at your meeting this evening. What will then follow, we understand, is your scheduling of their appeal at a subsequent meeting. In view of the fact that the neighbors' appeal will ask your board to enforce a July 1, 1985 enforcement date for the Building Inspector's order (rather than September 1, 1985), we respectfully urge that the Zoning Board of Appeals schedule this matter for as soon as is possible-- and certainly prior to July 1, 1985. The Selectmen respectfully suggest that the Board of Appeals schedule a special meeting on this subject at your earliest convenient date. Kindly let us know when this will be, so that we may make arrangements to be in attendance. Thank you very much. cc: Mr. John Casey Mrs. Hannay Building Inspector Charles Foster It TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF - r ` 1 BOARD OF SELECTMEN OF NORTFI '9H 3� e°tt 6•a OL H v 2i9SSACHU5E��9 I:i TELEPHONE 682-6483 TO: Zoning Board of Appeals RECEIVED FROM: Board of Selectmen ,,._ AIN 631Y;�:�, DATE: June 5, 1985 t.CR7i-1, ;'DOVER SUBJECT: ABC Bus Company Chronology BUZIN°M DEPT. In connection with, and in support of, the appeal filed by residents of Innis Street objecting to the Building Inspector's ruling in the matter of the ABC Bus Company, the Selectmen wish to supply the following chronology of events in this case, which is one we have monitored for several months. August 8, 19838, 1983: A petition is filed with the Building Inspector by numerous residents of Innis Street, Hillside Road, and surrounding streets to lodge "a formal complaint against the ABC Bus Company". The petition stated, "we feel that they are a nuisance in a residential neighborhood. We would like them removed." (Attachment "A") December 2, 1983: The Building Inspector, in a letter to Gaspar Balsamo d/b/a ABC Bus Company, rules that the operation of a bus company at 8 Adrian Street "constitutes a zoning violation. This means that you can no longer use your property to store, garage, repair etc. your fleet of buses. Your entire operation must be removed from this site." No date was set for enforcement of this order, although the Building Inspector did continue that "perhaps some extension can be granted while you are relocating". (Attachment "B") September 10, 1984: In response to complaints received by the Selectmen and the Board of Health, the Selectmen summoned the Building Insector and Mr. Charles Carrell of ABC Bus Company to attend the Board's September 10. 1984 meeting. The Selectmen requested that ABC Bus Company present a schedule of their plans for relocating from the present location on Adrian St. to a new location on Turnpike St. The records also reflect that the Selectmen voted "To requedt that the ABC Bus Company cease all operations at their present location on or before April 30, 1985." The Selectmen heard further updates from ABC Bus Company on October 9, 1984, March 25, 1985, April 8, 1985, and April 16, 1985. ABC Bus Company chronology Page Two aril 22, 1985: Based on information we had received by that time, the Selecmen voted to set a July 1 deadline for ABC Bus Company to completely remove its operations from its Innis St. location, with such vote made specifically contingent upon receipt of Town Counsel's written opinion substantiating such action. May 21, 1985: The Building Inspector issued a notice to ABC Bus Company noting that "said violation must be corrected by removing all buses by September 1, 1985. After this date, no busses may be garaged, stored, or parked on your property, located on Adrian and Innis St." (Attachment "C") May 28, 1985: The Selectmen received a written opinion from Town Counsel indicating that "The Selectmen, or any other party or parties, have concurrent jurisdiction with the Building Inspector to enforce the zoning ordinances in the absence of any action by the Building Inspector." (Attachment "D") May 31, 1985: In clarification of his earlier opinion, Town Counsel ruled as follows: "The statute and case law clearly indicate that the jurisdiction to enforce zoning violations is with the Building Inspector, and the Board's authority is concurrent only in the absence of any action on his part. I am informed that the Building Inspector issued a cease and desist order effective September 1. Therefore, I conclude that the Selectmen's order to cease and desist effective July 1, cannot be enforced." (Attachment "Ell) June 3, 1985: The Selectmen advised the aggrieved residents of Innis St. to file a formal appeal with the Board of Appeals under MGL Chapter 40A, Sections 8 & 14 as parties aggreived by the decision of the Building Inspector to set a deadline of September 1, 1985 for the removal of busses by the ABC Bus Company. The Selectmen also voted to ask that the Board of Appeals keep the Selectmen informed of the progress of the neighbors' appeal. Cognizant of the court's decision in the case of Neuhaus v. Building Inspector of Marlborough (1981, Mass App) 1981 Adv Sheets 161, 415 NE2nd 235, which held that an adjoining landowners' action against the building inspector in nature of mandamus to enforce minimum lot frontage with respect to particular lot was properly dismissed because of failure to exhaust administrative remedies of making written request of building inspector to enforce zoning ordinance and of appealing inspector's ruling too Board of Appeals, the Selectmen wish to help establish for the Board of Appeals, the following fact pattern: o the instant ruling of the Building Inspector was issued on May21, 1985 (supra as "C"); o the Selectmen, by their May 31, 1985 memorandum to the Building Inspector, and on behalf of the neighbors, made written request of the Building Inspector in essence to 'reconsider the effective date of his ruling from September 1,1985 to July 1, 1985 (Attachment "F"); ABC Bus Company chronology Page Three o the Building Inspector, by his letter of June 3, 1985, responding that "I feel there is no need for further discussion of this issue," essentially denying this request for recondideration. (Attachment "G") Therefore, it appears to this Board that the administrative remedy open to the aggrieved neighbors at this point is an appeal of the Building Inspector's ruling to the Zoning Board of Appeals. The Selectmen will appreciate being kept informed of the progress of this appeal, and would ask for any procedural advice from your Board to help ensure propre consideration of the neighbors' appeal. Thank you very much. /cf cc: Mr. John Casey Mrs. Hannay Building Inspector, Charles Foster Enclosures (6) C f� Aug. $o 1983 Attn. Mr. roster; This letter into Inform you that the parties be%w am filing a formal complaint against the it ABC .Bus Coo of Nm th Andover, $des. Since all other methods have failed, and we beliove ABC Bus any of Nord Andover# Russ* is in Violation of Zoning laws, posaibly Parking lawal We feel that thay are a nuisance in a residential neighborhoods We mould Me .do- them rOwvead, W : believe they make uhat could be a zioe teighborhood unsafe and unh"Ithy r J -2e, e- Ji , > 71 /ZZ )w Zv� r,�° 1 / t- Al, / N do ve �, /Z%A r � �q 97 . Q,,ti o�e .ti� Svc c a ct 44 ( T) • December 2j 1983 Mr. Gaspar Balsamo d/b/a A.B.C. Bus Co. 8 Adrian Street Lorth Anaover# Ma. Dear Gaspar: As you well know from cur telephone conversations]- your neighbors have been complaining to me about your buses. They have notified nae in uxitir,& that they consider your operation to be in violation of the tom's Zoning By Laws. I m,st rule on their cosrld nt. l�s Zo.n rug officer# ecting for the Towmj I interpret the Zoning By Laws as prohibiting the operation of a bus company in a residential district. Your bus company# therefore# constitutes a zoning violation. This means that you can no longer -use your property to store# garage# repair# etc* your fleet of buses. Your entire operation roust be removed from -this site. I realize that this decision will cause you severe financial h.;rds hip. Please notify me in writint; regarding your plans. '`v��:: j i'=� : ;"-:,n••c;'r'iz G -^:n b� j.:, g? l —3 L:b7*-_ P y. U n.Te reloca.tinlg. Very truly yours# CHARLES H. FOSTER INSPECTOR OF BUILDIPIGS and ZONING Orr ICER CHF: of Copy to: Board of Selectmen NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER. MA 01845 1NarLcroR Or BurLnrNo9 ELECTRICAL INSPECTOR GAS INSPECTOR I w ' MORTh JSACMUS TEL. 888-8102 May 21, 1985 A.B.C. Bus Company Inc. Adrian Street North Andover, Ma. 01845 Gentlemen: You were previously notified by me that your bus company which is located on Adrian Street, constituted a Zoning violation. Said violation must be corrected by removing all busses by September 1, 1985. After this date no busses may be stored, garaged or parked on your property, located on Adrian and Innis Street. Ver; truly yours, Chazles H. Fo_ stet_.__ INS1 LCTOR OF BUILDINGS and ZONI +H OFFI C s C.H.F. : M.D. enclose: copy to: Town Counsel John W.Casey A.B.C. Bus OFFICE OF TOWN COUNSEL ELLIS BUILDING 95 MAIN STREET TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 RALPH R. JOYCE TOWN COUNSEL Board of Selectmen 120 Main Street North Andover, MA 01845 RE: ABC BUS COMPANY Dear Sirs: NORTq ti O ��C O 3r a R .- T ��SSAC Hl15Et ���^��ci May '�����985 ~' (617) 685-4555 I would like to reiterate my conversation with Selectman Bahrawy on the evening of April 22, 1985 prior to your meeting. Earlier in the day I discussed the above cited matter with Keith and advised him that it would not be possible for me to give a written opinion for that night's meeting due to the demands made upon this office with the upcoming Town Metting. He therefore requested that I discuss the matter with some of the Selectmen. I talked with both Selectman Crouch (on an earlier occasion) and Selectman Bahrawy that preceeding in litigation would not produce the short term results that are necessary to effect the relief the neighborhood is demanding. It is highly unlikely that the Court would enter any preliminary restraining orders, i.e. an order to vacate, during the pendancy of litigation, although there is no doubt that Town will eventually prevail at trial on the merits. Assuming no dilatory tactics by the defense, the trial results would not be available for at least six to twelve months after the commencemnt of the action and the issue0would presumably be moot by that time. Massachustets General Laws, Chapter 40A, Section 7 provides, "the inspector of buildings, the building commissioner or, local inspector, OR IF THERE ARE NONE, (emphasis added) in a town, the Board of Selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinances or by-law." However, case law under this statute '(Morganelly vs. the Building Inspector of Conton, 388 NE2nd 708) provides that other parties have jurisdiction to enforce zoning ordinances when the municipal officer charged with theiS, enforcement has been requested to act and has neglected or refused to do so. Accor ingly, I conclude that the Selectmen, or any other part or parties, have concurrent jurisdiction with the Building Insp ctor to enforce the zoning ordinances in the absence of any action by the Building Inspector. The precise input I gave Selectman Bahrawy is to authorize the Building Inspector to proceed in litigation under the direction of the Board of Selectmen with the advise of Town Counsel. This posture is consistent with both statute and case law and with our own by-laws which provide that Seletmen direct all litigation. Kindly advise if I may clarify the matter any further. Ver /t �',�Z�3 o/�'i/ 3 _I .uir46' 1x. U Town Coun RRJ:mjj cc: Building Inspector F OFFICE OF TOWN COUNSEL cp ELLIS BUILDING 95 MAIN STREET y TOWN OF NORTH ANDOVER, MASSACHUSETTS 01845 Of ,,ORIN RALPH R. JOYCE F a TOWN COUNSEL • 1Tf0 ff .(� 3�SSACMUSEt May 31, 1985 Board of Selectmen (617) 685-4555 KEITH BERGMAN, EXECUTIVE SECRETARY 120 Main Street North Andover, MA 01845 G RE: ABC BUS COMPANY Dear Reith: In response to your memo of May 28, 1985, the statute and case law clearly indicate that the jurisdiction to enforce zoning violations is with the Building Inspector and the Board's authority is concurrent only in the absence of any action on his part. I am informed that the Building Inspector issued a cease and desist order effective September 1. Therefore, I conclude that the Selectmen's order to cease and desist effective July 1 can not be enforced. V/ t yo , l�YalP R. Jo e Town Counse RRJ:mjj I TOWN OF NORTH ANDOVER, MASSACHUSETTS • • OFFICE OF BOARD OF SIELECTMEN NOF1M G, �hG i� TELEPHONE 682-6483 t ASSACNUSE TO: Building Inspector Charles Foster FROM: Board of Selectmen DATE: May 31, 1985 SUBJ: ABC Bus Company Zoning Violation The Board has reviewed your letters of May 21, 1985 to the Selectmen and to ABC Bus Company setting forth a September 1, 1985 deadline for the remedying of a zoning violation at the ABC Bus Company property on Adrian Street. As you are aware, the Selectmen had, on April 22, 1985, voted to seek to enforce a deadline of July 1, 1985 in this case-- with such vote made specifically contingent upon receipt of Town Counsel's written opinion substantiating such action by the Selectr•en_ b,e have recently reviewed Counsel's written cnC: ]t does not seem to substantiate the Selectmen's i.nter,ded action. Therefore, your September 1, 1985 deadline is the only cote of 'which ABC Bus Corrlpany has been notified. this is the concern on i he part of the Boar6 of St l E ctr, Ln and the Innis Street nei eh},ors i r,at July 1, 1985-- ana not Septen:,er 1, 1985-- is the more reasonable date for remedying of this zoning violation. 1°1-c are reoueEting, 1hcreforc-, that you attenG the Selectmen's June 3', 1985 meetln0 Lo expiain to us your reasons for choosir;g the rather than the earlier date. That meetino becinS or_.Ty. , in the Selectmen's Meeting Room, Town builcsi.r,a. 1 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR NORTH ANDOVER BUILDING DEPARTMENT NORrN 120 MAIN STREET o<<� to NORTH ANDOVER. MA 01845 a SSACHUs TEL. 888-8102 ,Tune 3, 1985 Board of Selectmen Town Office Building North Andover, Ma. Gentlemen: Because of a previous commitment, I will be unable to attend this evening's meeting as was requested in your communication which was just received this morning. I wish to remind the Board that in response to your memo of April 18, 1985, a letter was sent to you stating that the deadline for removal of the busses was September 1, 1985. That letter was received by your Board prior to your meeting of April 22, 1985, at which time your Board voted the July lst deadline. The decision stating the September 1st deadline for removal of the busses was made by the proper authority (the Zoning Officer) acting in accordance with State Statute and Town By Laws. I feel there is no need for further discussion of this issue. Very truly yours, CHARLES H. FOSTER INSPECTOR OP BUILDINGS AND ZONING OFFICER CHF: of Enc. CL a 0 0 ooa 100 000 mi - z F. ny appca! s' -n 4 1„ filed v,','iin (20) the date of filing ''otice; in the Office of the Town) Clerk. Date . A,ugus t 15 , 1985. Petition No..... 4146-85 Date of Hearing. August.12.,. ,1985, Petition of . John _ W.. Ca sey , . S r.• ........................................................ . Premises affected .... ABC Bus. Co.., .8 Adrian Street Referring to the above petition for a variation from the requirements of theDecision made by Building Inspector on May 21, 1985 reviewed and would like the July 1, 1985 .... (lea dIin.e .upheld.,. $ •. .-3. gorii.rxg......................... I ............. `°............. . After a public hearing given on the above date, the Board of Appeals voted to DENY the Party. aggrivedpetition __�:.t„ Decision of Building Inspector dated May 21, 1985 was proper and Board ............. upholds decision of Building Inspector. Signed rank Serio, Jr., hairman ............ :............................... Alfred E. Frizelle, Esq., Vice Chr. Sugustine W. Nickerson, Clerk .......................:................. William J. Sullivan ............ I .......... I........ Raymond A. Vivenzio ... Board of Appeals hA RECEIVED cN°�:•".1 DANIEL LONG TOWN CLERK • °.: APSILT" :i K � NORTfi ANDOVER •' •� An IS 8 49 AM '85 �SSACHIIgQ'�i4 '•.VVY19 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION ny appca! s' -n 4 1„ filed v,','iin (20) the date of filing ''otice; in the Office of the Town) Clerk. Date . A,ugus t 15 , 1985. Petition No..... 4146-85 Date of Hearing. August.12.,. ,1985, Petition of . John _ W.. Ca sey , . S r.• ........................................................ . Premises affected .... ABC Bus. Co.., .8 Adrian Street Referring to the above petition for a variation from the requirements of theDecision made by Building Inspector on May 21, 1985 reviewed and would like the July 1, 1985 .... (lea dIin.e .upheld.,. $ •. .-3. gorii.rxg......................... I ............. `°............. . After a public hearing given on the above date, the Board of Appeals voted to DENY the Party. aggrivedpetition __�:.t„ Decision of Building Inspector dated May 21, 1985 was proper and Board ............. upholds decision of Building Inspector. Signed rank Serio, Jr., hairman ............ :............................... Alfred E. Frizelle, Esq., Vice Chr. Sugustine W. Nickerson, Clerk .......................:................. William J. Sullivan ............ I .......... I........ Raymond A. Vivenzio ... Board of Appeals TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN NORTM OF .�ao ,69ti TELEPHONE 682.6483 4A k sq .. SAC US MEMORANDUM TO: Zoning Board of Appeals FROM: Board of Selectmen DATE: June 10, 1985 SUBJ: Consideration of Neighbors' Appeal of ABC Bus Co. Ruling The Selectmen now understand that your board has scheduled the Innis Street neighbors' appeal of the Building Inspector's ruling in the matter of ABC Bus Co. under "other business" at your meeting this evening. What will then follow, we understand, is your scheduling of their appeal at a subsequent meeting. In view of the fact that the neighbors' appeal will ask your board to enforce a July 1, 1985 enforcement date for the Building Inspector's order (rather than September 1, 1985), we respectfully urge that the Zoning Board of Appeals schedule this matter for as soon as is possible— and certainly prior to July 1, 1985. The Selectmen respectfully suggest that the Board of Appeals schedule a special meeting on this subject at your earliest convenient date. Kindly let us know when this will be, so that we may make arrangements to be in attendance. Thank you very much. 0 cc: Mr. John Casey/ Mrs. Hannay Building Inspector Charles Foster TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN f NORTH 9 a OL TELEPHONE 682-6483 ��9SSAC Nl15Et�� � MEMORANDUM TO: Zoning Board of Appeals FROM: Board of Selectmen DATE: June 10, 1985 SUBJ: Consideration of Neighbors' Appeal of ABC Bus Co. Ruling The Selectmen now understand that your board has scheduled the Innis Street neighbors' appeal of the Building Inspector's ruling in the matter of ABC Bus Co. under "other business" at your meeting this evening. What will then follow, we understand, is your scheduling of their appeal at a subsequent meeting. In view of the fact that the neighbors' appeal will ask your board to enforce a July 1, 1985 enforcement date for the Building Inspector's order (rather than September 1, 1985), we respectfully urge that the Zoning Board of Appeals schedule this matter for as soon as is possible— and certainly prior to July 1, 1985. The Selectmen respectfully suggest that the Board of Appeals schedule a special meeting on this subject at your earliest convenient date. Kindly let us know when this will be, so that we may make arrangements to be in attendance. Thank you very much. a cc: Mr. John Case Mrs. Hanna Building Inspector Charles Foster i :.'.OE Filo No. 242-256 �I a (To be provided by 0EOE) North Andover -_ Commonwealth city/Town =_ = of Massachusetts ABC Bus Company f , plicant Order of Conditions Massachusetts Wetlands Protection Act G.L. c.131, §4Q _ _ -ind under the Town -of North Andover Bylaw, Chapter 3.5 A'& B'• From North Andover_ Conservation Commission To ABC (Bus Company Inc., same 8 Accra e of,Qp�eentt) (Name of property owner) North Andover, MA 01845 Address Address .._ This Order is issued and delivered as follows: O Eby hand delivery to applicant or representative on _ (date) 0 by certified mail, return receipt requested on .Tune 12 . 1985 (date) This project is located at The property is recorded at the Registry of North Essex Book 1312 Page 19 Certificate (if registered) The Notice of Intent for this project was filed on January 29, 1985 (date) The public hearing was closed on May 22, 19.85 (date) Findings The N. Andover Conservation Comrtfission has r, viewed the above -referenced Notice of , Intent and plans and has held a public hearing on the project. Based L:: the information available. to the NACCat this time, the _ NACC has determined that the area on which the proposed work is to be done is significant tri th:: following interests in accordance with the Presumptions of Significance set forth in the regulatlons for each k ^..a Subject tb Protection Under the Act (check as appropriate): El Public water supply ® Storm r:.xmat a prevention C5 Private water supply �7 Prevention c ,:ollution D. Ground water supply O land contah. ig shellfish M Flood control 0 Fisheries 0 ORDER OF CONDJTIONS: ABC Bus ComZ)any 242-256 95 Therefore, the NACC her: )y f. As that the following conditions are necessary, in accordance with the Performance Standards set fo, .n ini 'e regulations, to protect those inter• ests checked above .The - NACU ora.rs that all work shall be performed in accordance with said conditions and with the Notice of Intent referunc id above. To the extent that the MI.— lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions - 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it doe!rnot authorize any injury' to private property or invasion of private rights. ,. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by -la. !s or regulations. 4. Tha work authorized hereunder shall be completed within three yt ars from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project,as provided for ir. '.;ie Act; or (b) the time for completion has been extended to a specified dat- , more than ttgee years, but less than five years, from the date of issuance and both that date and tl 9 special circumstances warranting the extended time period are set forth In this Order. 5. This Order may be extended by the issuing authority for one .,r me a periods of up'to three years each r upon application to ,the Issuing authority at least 30 days prior to the'C�pirabon date of the Order. i 6. Any fill used in connection with this project shall be clean fill, coritai, ging no trash. refuse, rubbish or de- bris, including but not limited to lumber, bricks,•plaster, wire, lath, paper, cardboard, pipe, Vres. ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, If such an appeal has been flied, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been record,id in the Registry of Deeds or the lend. � { Court for the district in which the land is located, within the chain ol, title of the affected property. In the case of recorded land, the Final Order shall also be noted In the Registry's Grantor Index under the name j of the owner of the land upon which the proposed work is to be'd% ie. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Mt! i of the owner of the land upon which the proposed work is to be done. The recording information shad, a submitted to the N11GC on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet c .more than three square feet In size bearing the words, "Massachusetts Department of Environments, luality Engineering, File Number 242:-256. », 10. Where the Department of Environmental duality Engineering is ret nested to make a determination and to issue a Superseding Order, the Conservation Commission `tall 'le a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily,completed. 0. ORDER OF CONDITIONS: ABC Bus Company 242-256 12. This Order of Conditions replaces that isst_d by the NACC previously and dated April 4, 1985. 13. The NACC finds that the statutory wetlapds -)n the site are significant to the interests of the Act _enc Bylaw identified above. This project is approved as a "limi'_.,,d project" since no reasonable alternative means'of access to the upland area exist (Section 10.53.(4) of DEQE's regulatik.ns). 14. -The work shall conform to the following plans and additional conditions: a. Notice of Intent submitted by ABC Bus Company Inc. prepared by John Callahan Associates dated January 29, 1985. $ix (6) sheets. b. Soils Analysis and Test Borin Report"by John Callahan Associates. Undated. Six (65 sheets. c. Hydrologic Report prepared by John Callahan Associates dated January 24, 1985. Five (5) sheets. d. Hydrologic calculations prepared by John Callahan Associates dated January 24, 1985. Four (4) sheets. e. Letter from NACC to John Callahan Assoc'_ates dated February 7, 1985. One (1) sheet. f. Enforcement Order issued by the NACC to ABC Bus Company Inc. dated March 7, 1985. g. Letter from North Andover Board of Selectmen to ABC Bus Company March 19, 1985. One (1) sheet. --- --- h. Letter from,North Andover Board of Selectmen to ABC Bus Company March 26, 1985. Two (2) sheets. i. Order of Conditions issued by NACC on ABC Bus Company project dated April 4, 1985. Five (5) sheets. j. Letter from NACC to North Andover Board of Selectmen dated April 4, 1985. One (1) sheet. , k. Letter from North Andover Board of Sele:tmen to ABC Bus Company April 4, 1985. Two (2) sheets. - 3 - 0. r•. ORDER OF CONDITIONS: ABC Bus Company 242-256 1. Letter from NACC to North Andover Boarc of Selectmen dated April 19, 1985. Two (2) sheets. m.. Letter from John Callahan Associates to Department of Public Works/Commonwealth of Massachusettq dated April 25, 1985. Two (2) sheets. n. Letter from Department of Public Works/Commonwealth of Massachusetts to John Callahan Associates dated April 26, 1985. One (1) sheet. o. Department of Public Works/Commonwealth of Massachusetts Permit No. 5-17382. Five (5) sheets. p. Letter from NACC to Town Counsel dated May 8, 1985. One (1) sheet. q. Memorandum from NACC to North Andover Board of Selectmen dated May 8, 1985. One (1) sheet., 1 r. Letter from NACC to John Callahan Associates dated May 9, 1985. Two (2) sheets. s. Plan entitled "ABC Bus Company Corporate Offices and Garage Facility" dated March 20, 1985. Revisc3 May 15, 1985. Two (2) sheets. t. Calculations entitled "Drainage Pipts - Flow Graph - Crossing Ingress -Egress Roadway. 15. Prior to the start of any construction activity within 100 feet of the wetland areas on the site, the applicant- shall_ submit to the NACC a replacement plan for the wetland areas lost due to entrance driveway. This replacement plan shall be prepared consistent with the performance standards given in DEQEIs regulations (Section 10.55 (4)(b) and 10.57 (4)(a). This plan shall be reviewed and approved by the NACC before the start of any construction activity within 100 feet of the wetland areas on the site. 16. In addition to the erosion and sedimentation control measures proposed by the applicant in the items listed under Condition 12 above, a filter fabric and hay bale dam shall be placed downstream of the proposed driveway at a nacrow point on the stream to act as a final erosion and sedimc atation control point during construction. 17. All erosion and sedimentation control measil!es shall be im- plemented prior to any earth moving or grad'_ng activities on the site. - 4 - ORDER OF CONDITIONS: ABC Bus Company 242-256 18. Prior to any construction activity within 1(0 feet of wetland areas on the site, a double row of staked hry bales shall be placed between all construction areas anc wetland areas. This row of hay bales shall remain intact un..i_1 all disburbed areas have been mulched, seeded and stabilizes to prevent erosion. 19. Upon completion of construction and grading, all areas shall be stabilized permanently against erosion. This shall be done either by sodding, mulching according to Soil Conservation Services standards, or by loaming and seeding. If the latter course is chosen, stabilization will be considered once the surface shows complete vegetative cover has been achieved. 20. All erosion prevention and sedimentation protection measures found necessary during construction by the North Andover Conservation Commission will be -implemented at the direction of the NACC or Highway Surveyor. 21. Any changes in the submitted plans, Notice cr Intent, or resulting from the aforementioned conditions must be sub- mitted to the NACC for approval prior to imFiementation. If the NACC finds, by majority vote, said changes to be significant and/or deviate from the original plans, Notice of Intent or this Order of Conditions to suci an extent that the interests of the Wetlands Protection Act cannot be pro- tected by this Order of Conditions and we ld-<best be served by the issuance of additional conditions, thti, the NACC will call for another public hearing within 21 days, at the expense of the applicant, in order to take testimony' `rom all interested parties. Within 21 days of the close of said public'Zearing, the NACC will issue an amended or new Order of Conditions. 22. Any errors found in the plans or information submitted•by the applicant shall be considered as changes and procedures out- lined for changes shall be followed. 23. The provisions of this Order shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 24. In addition to the requirements of Condition No. 11, the applicant must submit a letter, from a regisµered professional certifying compliance with this Order of Con,�itions. Said --- -=-- letter will certify, but no be limited to the `following: a. "As -Built" elevations of all drainage wa,s constructed within 100 feet of any area subject to tfe Wetlands Protection Act. 5 - 0. ORDER OF CONDITIONS: ABC Bus.Company 242-256 0 b. "As -Built" elevations and grades of all filled or altered Wetland Areas. c. Distances to all structures and alterations within 100 feet of any areas subject to the Wetlar,ls Protection Act. An "As -Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act must be submitted when a Certificate of Compliance is requested. 25. Members of the NACC shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. 26.' Accepted engineering and construction standards and procedures shall be followed in the completion of the project. Issuance of these conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage, or any other form of damage due to wetness. --- - 27. A surety performance bond or Metter of credit running to the Town of North Andover shall be provided in the amount of $15,000.00 which shall be in all respects satisfactory to Town Counsel and the North Andover Conservation Commission and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or letter of credit shall be conditioned on the completion of all Conditions hereof, shall be signed by a party of parties satis7actory to the Conservation Commission and Town Counsel, a -id shall be released after completion of the project, provided teat provision, satisfactory to the Commission, has been male for performance of any conditions which are of a continu ng nature. - 6 - ABC Bus Company 242-256 Issued By North Andover Signature(s) 1 7— This Order must be signed by ii majority of the Conservatio Commission. On this 1 2 thday of June 1 g� 85 , before me personally appeared Guillermo Vicens _, to me known to be the person described in and who executed the foregoing Instrument and acknvwlec:.,ed that he/she executed the same as his/her free act and deed. Notary Public My commission expires Conservation Commission -' The spplicant, the owner, any person aggrieved by this Order, any owner of land abutting the land -gnon which the ,proposed work Is to be done or any ten residents of the city or town In which such land is located are hereby notified of . eir right to request the Department of Environmental Ouality Engineering to Issue a Superseding Order, providing the request Is made t / certified mail or hand delivery to the Department within ten days from the date of Issuance of this Order. A copy of the request )all b the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the _ _ prior to commIpcoment of work. To Issuing Authority Please be advised that the Order of Conditions for the project at File Number has been recorded at tho Registry of and has been noted in the chain of title of the affected property In accordance with General Condition C on 19_ If recorded land, the Instrument nL.ober which identifies this transaction Is It registered land, the document., I imber which identifies this transaction Is Signature _ Applicant Board of Selectma Main Street April 24,1985 Town Hall North Andover,Ma. 01845 Selectman; I am writing to request a copy of the letter which the board intends to send to ABC Bus Co. regarding the removal of the company from their Innis St. location on or before July 1,1985. Also I request to be notified of any corespondence or meetings between the town of North Andover and the ABC Bus Co. Sincerely John W. Casey 84 Innis St. North Andover,Ma. 01845 689-8781 c/o Town Clerk Charles Foster Building Inspector Chief Dolan Fire Department Board of Selectma Main Street April 24,1.985 Town Hall North Andover,Ma. 01845 Selectman; I am writing to request a copy of the letter which the board intends to send to ABC Bus Co. regarding the removal of the company from their Innis St. location on or before July 1,1985. Also I request to be notified of any r_orespondence or meetings between the town of North Andover and the ABC Bus Co. Sincerely John W. Casey 84 Innis St. North Andover,Ma. 01845 689-8781 c/o Town Clerk Charles Foster Building Inspector Chief Dolan Fire Department Zoning Board of Appeals Dain St Town Hall North Andover,Ma 01845 Dear Sirs, On behalf of the neighbors on Innis St in North Andover and through the direction of the Board of Selectman and Town Council,we are petitioning your board for help. In December of 19839 I purchased a home on 04 -Innis St. in North Andover. At the time that I was negotiating I was shown a letter from the building Inspector, Charles Foster telling the ABC Bus Co. that they were Illegals zoned and had to vacate the area. In the Spring of 1984 I heard that ABC Bus had purchased land on Rt#114 and had obtained the land zoned for Industrial so, I did nothing awaiting their departure. In September the citizens again approched Mr. Foster and the Board of Selectmen to find out what the delay was. At that meeting the board of Selectmen with Charlie Carrol V.P. of ABC Bus in agreement set a date of April 30,1985 as the drop dead date for the bus Co. to be out. At that meeting Mr. Carrol not only agreed to the date but was the person who suggested that particular date. The residents wanted them out sooner but, agreed to the date as not to cause any unnecessary hardship on the Co.. That date came and went with the Selectman giving the Bus Co. an extension. Finaly after a dozen more Selectmen meetings the July 1,1985 date was reached. Under section 10.1 of the zoning codes we were lead to believe by Town Council, that, the Selectmen did have the authority to issue the July 1,1985 dead line. Six weeks later, Town Council, Finally got a written reply to the board in which he states that under State Code the Zoning Board of Appeals has the authority to over see the Zoning enforcement agent when just cause showing his lack of action is eviedent. At this time we the residents of Innis St. ask that the Board of Appeals acts quickly on this matter so as to bring a violation which has been egnored and delayed by Town enforcing agents for the past 13 years to an immediate halt. Please help the patient people of Innis St. and vote to instruct Mr Foster to uphold the Zoning laws and remove the ABC Bus Co. (all busses ,gas tanks,and any equipment used by the Co.) as of July 1,1985. Thank your for your time and quick action on this matter. Sincerely John Casey 84 Innis St, North Andover Ma.01845 Town Clerk April 24,1985 Mein Street North Andover,Ma. 81845 Dear Sir: I am writing this letter to inform all involved of the decision of the Board of Selectman, under the Zoning regulations, set the date of July 1,1985 for the complete removal of the A.R.C. Rus Company from their present location on Innis Street. This location is being used illegally. The A.B.C. Rus Co. has had a permit to store fuel at this location. 1 therefore request that any and all permits having to do with the storage of fuel cease as of the July 2,1985 date. Please send me any information as to renewals that may be pending or would be required through the July 1,1985 date. 1 want to be informed of any or all hearings,meetings ect. as may be called by your board or having juristiction by you. Sincerely John W. Casey C/O 84 Innis St. Board of Selectman North Andover,Ma. 01845 C.Foster/Building Insp. 689-8781 Chief Dolan/Fire Dept. ` NORTH ANDOVER BUILDING DEPARTMENT f MORTq 120 MAIN STREET 0�. •.,4p NORTH ANDOVER. MA 01845 s t s SACHU INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR TEL. 688-8102 GAS INSPZCTOR January 11, 1984 Mr. Gaspar Balsamo d/b/a A.B.C. Bus Co. 8 Adrian Street North Andover, Ma. Dear Gaspar: I have carefully reviewed the question you raise about your bus company being a pre existing, non conforming use that may be allowed to continue at your location. In order to have a pre existing use that may remain,- - - there first must be a legally established use that is made non- conforming by a change in the Zoning By Law of the town. The premises now occupied by the bus company were zoned agricultural from 1943 to 1972 and residential from 1972 to the present time.. The operation of a bus company was not, an allowed use during that period of time. In order for the bus company to remain as . a legal non conforming use, it must have been established prior :. to 1943. Your letter -to me -of December 13,-19839.states.-that you started the bus -.company in -1971;. therefore, the -bus -company is not an allowed use- and your land cannot be used for that --purpose. _. I canunderstand and regret that this-ruling_constitutes a severe personal and financial hardship to you; however, Ihope - you understand that I have to do my job of interpreting and enforcing the Zoning By Law. You should regard this as my final decision in this matter. Very truly yours, CHARLES H. FOSTER -- /J- r.• -yam, INSPECTOR OF BUILDINGS and ZONING OFFICER CHF: of Copy to Board of Selectmen V 11/23/83 Attention Mr. Foster: 1983. This letter is in reference to one received by you dated August 8, We believe that we have been patient long enough. Now we would like some action. Mr. Balsamo is in direct violation of the zoning laws. You yourself admitted this in a telephone conversation to Mrs. Houde on Monday evening November 7, 1983. You promised at that time to confront Gaspar Balsamo, the president of the ABC Bus Company, with the problem and tell him that he would have to move his business elsewhere. When Mrs. Houde called one week later to see what progress had taken place, she was told none, but that you would call back in a couple of days. After another week had passed, Mrs. Hannay called and was told the same thing. We feel that we are entitled to some answers. Are the busses illegally housed? Why isn't anything being done about this situation? Are the underground gas tanks too close to our water supply ( our artesian wells )? Is that barn safe? Is the barn a fire hazard? When was the last time that it was inspected? Why must we be awakened seven days a week, early morning and late evening, by the noise of the busses? During winter storms, why must our friends and relatives walk the length of Innis Street to get to our homes because the busses are in the street while the lot is being plowed? This alone should prove that Mr. Balsamo is clearly running a business that is too large for Innis Street. We want this Sincerely Yours, C/c Selectmen Town of North Andover Board of Appeals Town of North Andover Mrs. Roy Houde Mrs. Bruce Hannay t 0 i Aug. 80 1983 Attn. Mr. Foster; This letter into inform you that the parties below are Filing a formal complaint against the It ABC Bus Co. of North Andover$ Mess. Siuce Val other methods have failed, and we believe ABC Bus company of North Andover, Nass* is in Violation of toning lams, possibly Parking laws, We feel that that' .am a nuisance in a residential neighborhood, We would like to they: removed. We believe thay make what could be a nice neighborhood unsafe and unhealthy ...6z- 71' C7i / r n / .�i X:C-rzY/< �rt:f:�nZ•-��L— eq� �>�-��`'`G•-�ft��---rC. CSC, f•�"D-t.....�1-e_ -7 (< ,"7_/v n.S J t_• /�/, /iti ci f� c'� � �` /`%N. nV' Julius Kay, M.D., Chairman R. George Caron Edward J. Scanlon BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS 01845 April 21,1983 Mr. Gaspar J. Balsamo ABC Bus Company 8 Adrian St. No.Andover, Mass. Dear Mr. Balsamo: • 4\ NORTH40 , � 9 s "f♦ ,SSACMUSEt� TEL. 682.6400 A complaint has been reviewed by this Board regarding the seepage of bus exhaust fumes into a neighboring home when your buses are left running in the mornings. The residents are concerned about breathing in these fumes and feel the conditionwWindows. be agravated in the near future with the opening of This matter is being referred to the zoning law enforcement officer, Charles Foster. In the meantime, this Board requests that you arrange to have the buses turned around in such a way that the exhaust fumes will not be directed towards the house. cc:Zoning Officer Very truly yours, Michael J. Rosati Health Inspector Julius Kay,.M.D., Chairman R. George Caron Edward J. Scanlon Made By BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS 01845 3A ust COPTLAINT REPORT TEL. 682-6400 Date dl�wx'w y Address Tel Nature of Complaint rY7 P Ld he, er?,;L EAZ L-)ZLI-do, C C, Location— TA,2_121 G� Occupant 1-2/>r' r. Owner or Agent j2 2 /7 ke 0 Address 4 A DO NOT -WRITE BELOW THIS LINE Referred to Result of Investigation. Recommendations Action taken Date Investigated AND FEE TO LOCAL ' ICENSING AUTHORITY (CITY 07 TOWN CLERK). . DO NOT RETURN FC I TO DEPARTMENT OF PUBLI( AFETY. Th� (gammmiffialth of Department of Public Safety—Division of Fire Prevention -€ 1010 COMMONWEALTH AVE., BOSTON CERTIFICATE OF REGISTRATION No:rth ..Andover., .. April ...... ...... (Cit or Town (Data) In accordance with the provisions of Chapter 148, Section 13, of the General Laws, the undersigned hereby certifies that W ........G• Joseph Balsamo .................... Address ...70.. esley-. Street ............................................... (Name of holder of license) is the holder of the license granted.8/.23/.71.......10%25f-714..................................19........f r the lawful use of the building(s) or other structure(s) situated or to be situated at.....Innis..St.� gchool Bus Garage .. .. ............. (Street and number) as related to the KEEPING, STORAGE, MANUFACTURE OR SALE OF FLAMMABLES OR EXPLOSIVES. ......................... North.Andover..................................... 8,000 Gals. underground (City or Town) Note: Thia certificate of registration must be signed by the holder of the uccnae if &aid license was granted riot to )ul ltherwiae by the owner cupant of th liccnxd. Received ��� �. � `��T /.......19........ ........ � �_.4 �( �................ •�+`"` (Sirnature) by..........:..........9:TO PR........................... Streit Pr............................................................................ � p� �i2345 � •� ............w7 , i^_. L�G.�r�t......_.. ... _ (Stele whether owner, oceueant or holder) �- (Official Title) .........................................(Address).................................... ........... BUSINESS CERTIFICATE Tor (innmonwra[A of Magsor4usrrts Z71.............. ........ ........../ y��•�f .. ..19& In conformity with the provisions of Chapter one hundred and ten, Section five of the General Laws, as amended, the undersigned hereby d;c.are s) that a business under the title of--------------------------------------------------------- ...-----C--•--------�rlS------�-�.. -------------------------.......---...................... ....................................................................:....................................................is conducted at Number ._.Q ....... ..------- ------------------------------------------------------------------------------------Street •..............................................T °- c ----------------------------------- ------- CITY OR TOWN by the following named persons. FULL NAME RESIDENCE � S-------�_�_�__--------- 6WG_,S Q._. . xm/x ......Y ----- .,�...� ............... .....------------- �_! ' ' sem... ---------------------------------------------------•------•--...............WIZ S ' gne d �Np� �......................... ' //JJ (SIGNATURE) ..................................... '*.0 RE) Go fir (aammonwra114 of ExssrrrEMsrffs -• (SIGNATURE) ............................. (SIGNATURE) ....................................... ...0........ ss..........., 19� Personally `appeared before me the above-named- ------ ���--�r-�. c., �-........ ... _.... ................................................................................................. --••----•---•-••----...----•--------------•-••-•-•-•-•-•-......••....-•-•--....................................----•--•----•-------•••--------••--•....-•----•--•-•-------•-•••• •-.--......... and made oath that the Foregoing statement is true.� (Seal) F//Oram 486 MOSS• & W�A�RREN. INC. PUUSSLIIOH£R■ CHAPTEReJ3 RUVV�t I� 1. L)j A B C Bus Company Inc. 8 Adrian Street North Andover, Massachusetts 01845 Aril 23, 1984 Dear kp*A&5 dauk,R�/; -- We have submitted an article to have a piece of property on Route 114, located between Mass Electric and Boston Hill Ski Area, to be rezoned from Industrial 1 to Industrdal 2. The purpose of this change is to allow our school bus garage to be located there. We have been located off Hillside Road for thirteen years serving the North Andover Public Schools. The building inspector has ordered us to move because we are preseptly in a residentially zoned area. We chose this piece of land because it is in an area on Route 114 where there is high visibility in both directions and with Mass Electrics vehicles entering and leaving at approximately the same hours the flow of traffic is controlled favorably. We .would like to stay in North Andover so that we may continue to give quality, timely service. We also employ Approximately 50 North Andover residents. If we were to leave town some of these people would not be able to continue due to logistics. At the Planning Board hearing for this change in zoning there was no opposition to this change. The only neighbor in attendance and the Building Inspector gave favorable recommend- ations to allow the :change we -are asking for. Please attend Town Meeting and vote Yes on Article 101. Sincerely, Gasparlalsamo I au'� Charles Carrell December 2$ 1983 Hr. Gaspar Balsamo d/b/a A.B.C. Bus Co. 8 Adrian Street Horth Andover, Ma. Dear Gaspar: As you well know from our telephone conversationsl- your neighbors have been complaining to me about your buses. They have notified rye in w-ritir-LZ that they corsi.der your operation to be in violation of the tovmis Zoning By Laws. I m,, t rule on their compIz.r.t. Az ..;..._.:.b Cfficerg ecting for the Tohnl I interpret the Zoning, By Laws as prohibiting the operation of a bus company in a residential district. Your bus companyi therefore] constitutes a zoning violation. This means that you can no longer use your property to stores garage, repairs etc# your fleet of buses. Your entire operation must be removed from this site. I realize that this decision will cause you severe financial r.a dahip. Please notify me in vritir.E, regarding your plans. �.r, y, -_u are relocating. Very truly yours, CHARLES H. FOSTM INSPECTOR OF BUILDIMS and ZONIM OFFICER CHF: of Copy to: Board of Selectmen Town Clerk Main Street North Andover,Ma. 01845 Dear Sir; April 24,1985 I am writing this letter to inform all involved of the decision of the Board of Selectman, under the Zoning regulations, set the date of July 1,1985 for the complete removal of the A.B.C. Bus Company from their present location on Innis Street. This location is being used illegally. The A.B.C. Bus Co. has had a permit to store fuel at this location. I therefore request that any and all permits having to do with the storage of fuel cease as of the July 2,1985 date. Please send me any information as to renewals that may be pending or would be required through the July 1,1985 date. I want to be informed of any or all hearings,meetings ect. as may be called by your board or having juristiction by you. Sincerely John W. Casey 84 Innis St. North Andover,Ma. 01845 C/o Board of Selectman C.Foster/Building Insp. 689-8781 Chief Dolan/Fire Dept. Location No. Date,.. TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee SSeewer Connection Fee $ yli'IT'Connection Fee $ '9g' TOTAL $ /U0 `� v endQ�. l°P �r V o� ector Building Inspector Div. Public Works PERd11T NO. L) APPLICATION FOR PERMIT TO BUILD - NORTH ANDOVER, MASS. PAGE 1'/ MAP%40. LOT NO. 2 RECORD OF OWNERSHIP (DATE BOOK PAGE �—1 ZONE SUB DIV. LOT NO. i — LOCATION -�f\ p m y m � s -t PURPOSE OF BUILDING f:� �I • J s �L Jt e I.&OWNER'S NAME ( M! rAe-r' NO. OF STORIES '1 SIZE 114 OWNER'S ADDRESS -I �,�� o f `I S „t, 4J BASEMENT OR SLAB ARCHITECT'S NAME PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR SIZE OF FLOOR TIMBERS IST4• 2ND 3RD BUILDER'S NAME DATE FILED /-,� { C1j 1 SPAN ..� DISTANCE TO NEAREST BUILDING u� DIMENSIONS OF SILLS DISTANCE FROM STREET POSTS DISTANCE FROM LOT LINES - SIDES REAR " " GIRDERS AREA OF LOT FRONTAGE HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW n,� C SIZE OF FOOTING X IS BUILDING ADDITION ��� MATERIAL OF CHIMNEY IS BUILDING ALTERATION wl� IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM TO REQUIREMENTS OF CODE IS BUILDING CONNECTED TO TOWN WATER [ /n I_146 BOARD OF APPEALS ACTION. IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE t. /,:n F E E 101-0 CONTR. TEL. CONTR. LIC. PERMIT GRANTED////jj//JJ "/Q IO 19 3 PROPERTY INFORMATION LAND COST EST. BLDG. COST EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM SEPTIC PERMIT NO. 4 APPROVED BY BOARD OF HEALTH PLANNING BOARD _AOARD OF SELECTMEN ou.�u,nu �nsracTvre INSTRUCTIONS SEE BOTH SIDES PAGE 1 FILL OUT SECTIONS 1 - 3 �•� PAGE 2 FILL OUT SECTIONS 1 - 12 ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR DATE FILED /-,� { C1j 1 ..� �e nei vCL-"Jltom[ SIGNATURE OFPOWNER OR AUTHORIZED AGENT F E E 101-0 CONTR. TEL. CONTR. LIC. PERMIT GRANTED////jj//JJ "/Q IO 19 3 PROPERTY INFORMATION LAND COST EST. BLDG. COST EST. BLDG. COST PER SQ. FT. EST. BLDG. COST PER ROOM SEPTIC PERMIT NO. 4 APPROVED BY BOARD OF HEALTH PLANNING BOARD _AOARD OF SELECTMEN ou.�u,nu �nsracTvre BUILDING RECORD 1 OCCUPANCY 12 SINGLE FAMILY Si ORIES MULTI. FAMILY OFFICES APARTMENTS CONSTRUCTION 2 FOUNDATION 8 INTERIOR FINISH d PINEBRICK CONCRETE CONCRETE ECK. OR STONE HARD-DPIERS il _ PLASTERDRY WALL UNFIN. 3 BASEMENT AREA FULL FIN. B'M'T' AREA _ '/. 1/1 °/ FIN. ATTIC AREA _ _ _ NO BMT FIRE PLACES HEAQROOM MODERN KITCHEN �•Y _ 4 WALLS 9 FLOORS CLAPBOARDS DROP SIDING CONCRETE B _ 1 2 �_ 3 _ WOOD SHINGLES EARTH ASPHALT SIDING ASBESTOS SIDING HARDW'D COMMON VERT. SIDING ASPH. TILE STUCCO ON MASONRY STUCCO ON FRAME BRICK ON MASONRY ATTIC STRS. & FLOOR BRICK ON FRAME _ I_ CONC. OR CINDER BLK. WIRING STONE ON MASONRY STONE ON FRAME ADEQUATE H NONE rj ROOF 10 PLUMBING GABLE I HIP BATH 13 FIX.) GAMBRELMANSARD I SHED TOILET RM. )2 FIX.) WATER CLOSET _ _ FLAT ASPHALT SHINGLES LAVATORY WOOD SHINGES KITCHEN SINK _ SLATE NO PLUMBING TAR & GRAVEL STALL SHOWER _ _ ROLL ROOFING MODERN FIXTURES _ TILE FLOOR TILE DADO 6 FRAMING II 11 HEATING WOOD JOIST PIPELESS FURNACE FORCED HOT AIR FURN. TIMBER BMS. & COLS. _ STEAM STEEL BMS. & COLS. _ HOT W'T'R OR VAPOR WOOD RAFTERS _ AIR CONDITIONING _ RADIANT H'T'G 7 NO. OF ROOMS UNIT HEATERS GAS OIL B'M'T 2�d _ 1:t 13r1 ELECTRIC NO HEATING — 1 THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES. GA- RAGES, ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. A O z I w CL Er z w cc C) Q W Wz p Q Q m p V vO z 0 m L (r C U C LL cc p W z z m d L a: C IL � O W z u v J W L Ch 3` Q U (n c0 lL oc O W Z L Q C U. W �. W ` m _ Y C (n Z V) =2 �E a jz ZD > UO) c~n X U w r"— LN .Q 'C rn p in .� a Q a� L' 4) C c p .r Lo owl H' V a c a 0 0 C ao Z = ,c a o c 0 m C V 0 C cc � w a to •- 0 Z NOIN OFFICES OF: or' '`� TONV11 of APPEALS 'd ' BUILDING NORTH ANDON, LR CONSERVATION •;'se,°"""`I)I\'ISION(H. HEALTH PLANNING PLANNING & COMMUNITY DEWEILOPAIEWU KAItL'N I I.P. NI:LSON, 1)Iltl:(:'l OI I :'t l i�l�llll `:Ilt't'I f:� n II I •\I Ir It i� � I, (I i 1 7) ( iW') 177!; In accordance with the provisions of MGL c 40, S 54, a condition of Buildi ig Permit Number / S3 �____is Ihat the debris resulting Irc)m this wurl; shall he disposed of in a properly licensed solid waste disposal lacilily as defined by MGL c 111, S 150A. The debris will be disposed of in: 4��.rz. �-•� Del. • !� (l ocatiun of Facility) I SIMWeul Fellnit Applicam S —� • vr�2 � �Ez Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector. • � /� fit.. Ottice Use Onty / ;r idle (fa miati with I f ffinEZI61LREft Permit No. —i� A r Bepaitnirnt of 'fUbliz �afZtg Occupancy B� Fee Checked _L�__ g/gp (leave blank) tV. EOARO OF FIRE PREVENTION REGULATIONS 527 C1 12:90 APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Sectrical Code, 527 CMR 12:00 i. {'PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date or Town of NORTIi ANDO R To the Inspector of Wires: 4 The udersigned. applies for a permit to pe o m the aiec: icat work described below. Location (Street & Number) t Owner or Tenant l Owner's Address Is this permit in conjunc ' n pith a byiIdin permit: Ye _ No (Check Approoriate 3oxj JUtility Authorization No. t Purpose of Sulldin oi-X Existing Service Amos _l Vcis Overread _ Uncgmd r No. of Meters New Service Amos. _l Volts Cverhead Uncgrnc r No: of Meters Numoer of Feeders ana Amoacity Lccaticn anc Nature of Proposed Electrical -licrK " Totaix ' No. at L:gnnng Outlets I t Na. of Transformers I Na.... -cc acs KVA 5 Above— ,n- — I ' No. of Lighting r:xtures )Tl i Swtmm ng D=lgrne. Erne: 1 Generators KVA �( tf ` No. of Emergency Lighting. Na.. of Eeeectacie Cutlets �� I No. of Oil sumers i Battery Units J' No. at Swum Outlets No. cc Gas 3urners I =iAE ALARMS No. of canes.�_� Total No_ of Cetectipn and No. at Aanges Nc. ct Air Conn. tons Initiating 7evices Total Tgtal I, No. of disposals I No.af Pum. s Tons K'.v No. of Seuncing Cevices - INo. at Sett Contained ScacetArea Heatina 'f` Qetec::onrSounotng Cevtces No. of visnwasners - 'I Municioai Other a No. of Dryers Heaano Cev,ces KW Local _ Connec:tort NO. -t No. of Low vauage SignsBallasts Winng No. at 'Nater Heaters - KN {. NO -evoro Massage lugs No. t Motcrs i OTHER: 'INSURANCE C,^,vEr�AGc: ?•_rsuant to the re -'re at %lassacnusecs general Laws - _ I nave a current Uaotiity Insurance Policy inctuctng camt;:eteo Oeerauens Coverage or ;is suastantiai ecuivaient. YES .�O nave suamtaea valid root Of same to the Office. YES _ NO it ycu ,^ave eftecxee YES: ;:tease maleate the ryes of coverage cy cnecxtng the aopro nate pox: INSURANCE - BOND - OTHER (P, ase Soecay) (Exotrauon oatei Esnmatea value of ?ec scat 'Mork S .• �j- ��ij t Worx :o' Stan rC� inseecaon Data nacues:ec:, pug n Fnat Signea unser ma Penalties of perjury r, LIC. NO. - =IAM NAME' �✓'' LtC. NO. L / S;Snature G Licensee Q y Sus. Tel• No. . y Alt. Tei. NO. - - - Address OWNER'S INSUR CE WAIVER: I am aware that the L:censee apes not "ave the tn5 ion _ coverage a ui Sue t. Ow eautvaleAgente- outreo oy Massachusetts General Laws. ano ;nal my stgraw(-a an :las aefmt aoptiCdUon wolves ih1S tea Wfemen[. Cher (Please checx one). -etecnane No. PERMIT PEE i "" (Signature of Owner at .gems 651 NORTI{ Ott��au •• ,�A 3� �• d ....� s OL O 9 ,SSAc14US Date .....I ..... "..1.. '...--. ' ..6 TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ...fe-6--z t has permission to perform ..{- wiring in the building of ....... ...... at.... .... .a<.�.......... ............ Fee...`j N2.333 Ift1% 11:53 WHITE: Applicant CANARY: Building Dept. .................r.)..................... ... , North Andover, Mass. ............... ELECTRICAL INSPECTOR 75.0oPAID PINK: Treasurer /