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Miscellaneous - 93 BRADFORD STREET 4/30/2018
__� �, ` r N _O in �j m � O ,O ' IN 0 O N O � D m o m --1 I'wcmMleftXAZBAAppHasaonpoM Deft: fun 'iP I SEYEA&IH ATTORNEY.5 Sf�W Donna M. Barone World Trade Center East Paralegal Two Seaport Lane 617-946-4973 Suite 300 Boston, MA 02210-2028 dbarone@seyforth.com 617-946-4800 www.seyforth.com 617-946-4801 fax E. WILLIAM HANSEN 103 BRADF'ORD STREET NORTH ANDOVER, MA 01845-1105 1�15ied�]'IiOMI.`: 978-685-6452 FAX: 978-685-0370 F.-MAII�: cxvilli-griihaiiscii(ci,)Ilotniaii.com CERTIFIED MAIL., RECEIPT (Domestic Mail Only; Nqlns�lrance, C�qverage Providet For delivery information visit our website at www.usps.coma KIM; � � � 0 0 0 0 ,444f�shnark /Here ,J ?006 len, To C:l or PO Box No. Cz siale, zi ;4. ............ Postage $ M E3 Gertified Fee C3 M Return R Fee ec�'T, E orseme t nd n R red) M Restricted De Fee livery M Endorsement Required) Total Postage & Fees ,444f�shnark /Here ,J ?006 len, To C:l or PO Box No. Cz siale, zi ;4. ............ Certified Mail Provides:,, 0 A mailing receipt' (asiaAebf) zooz eunr'oose -ozi Sd 0 A unique Identifier for your mallpiece' ' ' 0 A record of delivery kept by the Postal Service for two years �mporfant Reminders: n Certified Mail may ONLY be combined with First -Class Maile or Priority Maile. 0 Certified Mail Is not available for any class of international mail. n NO INSURANCE, COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. a For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 381 1� to the article and add applicable postage to cover the fee. Endorse mpilplace 'Return Receipt Requested". To receive a fee waiver for a duplicate retdrn receipt, a USPSO postmark on your Certified Mail receipt is required. s For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Defivety'. m If a postmark on the Certified Mail receipt is desired, �Iease present the arti- cleat the post office for postmarking. If a postmar on the Certified Mail receipt Is not needed, detach, and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. C3 LjI C3 C3 or PO Box Hers JAN 13 20106tcoN,, 0 F F I C I ru -r Postage $ 1 M M Certified Fee C3 C3 Return Receipt Fee (Endorsement Required) C3 Restdcted Delivery Fee Er. (Endorsement Required) M M Total Postage & Fees LjI C3 C3 or PO Box Hers JAN 13 20106tcoN,, I Certified Mail Provides:, • A mailing receipt i I � (--azp zooz eunr'009C -0.4 Sd • A unique identifier for your maH piece • A record of delivery kept by the Postal Service for two years Important Reminders. • Certified Mail may ONLY be combined with First -Class Mails or Priority Mails. • Certified Mail is notavallable for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional iee,'a Return Receipt may be requested to provide proof of delivery To obtain Return Receipt service, please complete and attach a Return ReoeW(PS Form 3811� to the article and add applicable postage to cover the fee: Endorse mallplece Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSO postmark on your Certified Mail receipt is required. • For an additional fee, deliv;ry may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailplece with the endorsement 'Restdcted-Delivety'. • If a postmark on the Certified Mail receipt is desired, �Iease present the arti- cle at the post office - for postmarking. If a postmar on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. • Complete items 1,"2, and 3. Also -complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 7 A. Signature -.O_' I .. 1. � _�Oop' W 13 Agent 11 Addressee B. Rece4ed by (Pinted Name) 0. D Df Delivery D. Is delivery address different from item fl? 1 0 Tes� If YES, enter delivery address below: 11 No 3. Service Type 0 Certified Mail 13 Express Mail 11 Registered 0 Return Receipt for Merchandise 0 Insured Mail 11 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number . ; 1 11 70051 O��,d `,dod3 NAdl 0669 ffiransfer from service labei) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES Rq$;EAD.f4� 'Rj AM06", PO4.1 t i 0 Sender: Please print your name, address, and ZIP+4 in this box * Town of North Andover Board of Appeals Osgood Street No?Andover, MA 01845 9 2 06 OARD OF APPEALS Ir T" 75 N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. , I E Print your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Peter 4;. L Woy- Id -Fvui TVA� 'GerAw 0- W�Ls Signqurel i �' t � L74�' 11 Agent X . VV 13 Addressee I B. Received by (Ptindd Name) C. Date of Delivery D. Is delivery address different from item 1 ? 0 Yes If YES, enter delivery address below: 13 No 3. Service Type 13 Certified Mail 13 Express Mail 13 Registered 0 Return Receipt for Merchandise 13 Insured Mail [3 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 0390 0003 4266 0676 (rransfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SE�VfCE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 Town of North Andover Zoning Board of Appeals e 4 d �" 1 r, 01 r 06 Osg:eo MA 845 No th Ando j4N PEALS B V-0 Ell/ !ssouisng 1 ISZ deW '9 IG3JBd ISZ deyl 19 IGDJBd V 01 t ssOusnG wOJJ L IGOJed IU96 deig. I WON JO umO.L 041 uO um04s se Puel 10 ol ImelA13 BuiuoZ mg jo Z -C uoij:)aS i j ud dde 10 umOJL 04101 ssBue43 04e. OJ (algoilddup (juatupinda(l/ 2uilaaW uA&ojL junuuV SOOZ,(t:] iaAopuV qj 1 Town of North Andover Tom a sramnp Office of the Zoning Board of Appeals • ..�,. Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 Inspectork of Buildings Fax (978) 688-9542 cs� Y C) Y apl� An A shall be filed within . w o Notice of.Decision r a C (20) days after the date of filing''Z7 Year 2005 -A r pY . a tTl of this notice in.the office of the, <DC7 -- n Town Clerk, per Mass. Gen. L. ch 40A, §11. Pro at: 93 (or 0) Bradford Street 61; Parcell o M NAME: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, MA 02760 �AMQS): November 8 & December ADDRESS: 93'or 0 Bradford Street 13, 2005 . 4 ( ) (Map 61,. PETITION: 20i"32 Parcel -2). North Andover, MA 01845 ` TYPING DATE: December 27, 2005 The North Andover Board of Appeals. held a public hearing at its regular meeting on Tuesday, December 13, 2005 at 7:30 PM- in the Town. Hall top floor meeting room, 120 Mai Street, North. Andover, Massachusetts upon the application of Stephen J Sarcia, 215Ellis Road, North Attleboro, MA 02760, for premises at: 93 (or 0) Bradford Street (Map 61; aParoe ,North Andover. The hearing began during the November 8, 2005 meeting by reading the legal notice requesting Finding by the Zoning Board of Appealsviat the parcel is a buildable lot pursuant to Section 7, Paragraph 7:8 of the Zoning Bylaw: The Board voted to deny the application for the Finding on November 8, 2005 and be the Variance. The Board voted to continue the Variance application to the December 13, 2005 meeting an the hearing gsioonai Y Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zonis law for relief of lot g By . area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R 2. zoning district,. Legal notices were sent to allnames on the abutter's fists deemed of gAssessor's( ffices of North, Andover`and Boxford to be &4 and were pubhshed i the Eaglee-Tribune a n r circuj non in the Towns of North Andover and Bpxford, on., _ October : 11 31, 2005: The following voting members were present during the November 8 and December 13, 2005 hearings: Ellen P: McIntyre, Joseph D.. LaGrasse, Richard.J: Byers, Albert. P. Manzi, -111, and David R. Webster, as were the followingnon voting members: Thomas D. Ippolito, Richard M. Vaillancourt;' and Daniel S. Braese: Richard J. Byers made the motion to grant dimensional Variance from Section 7 from the R-2 ' requirement of 43,560 f} of Paragraph 7. I for relief of 36,160 sq. ft sq area, Paragraph 71.2 for relief of 10' from the requined.100'for lot width, Park graph 7.2 for relief of 50' from the R 2 requirement of 150' of strcet frontage; and.Paragraph 7.3 for relief of 5' for the front setback; for relief of 18. for the left side setback, and relief of'17' for the "right side setback from the k-2 of 30' setbacks from front, side, and rear lot lines, and Table 2 of the Zonis rements Zoning Bylaw in order to7construct a, single family dwelling. Albert P. Manzi, in, seconded the motiorL Voting in favor. Albert P. Manzi, III. Voting for denial:. Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and David R_. Webster. The Board finds that the 7,406: q & lot is less than' 115 the Residential 2 required lot area. The Board finds that the abutters have petitions, and spoken testimony at both public hearings. The Board finds that the Variance option in letters; required four (4) granting votes, and the petition is DENIED. petition did not achieve the Town of North Andover Board of Appeals, Ellen P. McIntyre, Chair Decision2005-032 Variance. M61P2. Board of APp,' l 978- 688-9541 Building 978=688-9545 Conservation 978-688-9530 Heahh 08-688-9540 Planning 978-688-9535 T 0 83ACINSL Gerald A. Brown Inspector of Buildings To*n of North Andover Town Qerk Time Stamp Community Development and Services Division RECEIVED Office of the Zoning Board of Appeals T0W'Ill "'L K•c 01-F1CC 400 Osgood Street North Andover, Massachusetts 01845 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, pec Mass. Gen. L. ch. 40A, §17 Telephone (978) 688-9541 Fax (978)688-9542 Notice of Decision Year 2005 ON nu T 21 PH G:25 ij i 0, is �1 0f Property at: 93 (or 0) Bradford Street (Man 61. Parcel 2). NAME: Stephen J. Sarcia, 215 Ellis Road, North HEARING(S): November 8, 2005 Attleboro, MA 02760 ADDRESS: for premises at: 93 (or 0) Bradford PETITION: 2005-032 Street (Map 61, Parcel 2), North Andover, MA 01845 TYPING DATE: November 18, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 8, 2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Stephen J. Sarcia, 215 Ellis Road, North Attleboro, MA 02760, for premises at: 93 (or 0) Bradford Street (Map 61, Parcel 2). North Andover requesting a Finding by the Zoning Board of Appeals that the parcel is a buildable lot pursuant to Section 7, Paragraph 7.8 of the Zoning Bylaw; and a dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief of lot area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune on October 24 & 31, 2005. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and David R. Webster. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Albert P. Manzi, III, the Board voted to uphold the Building Inspector's letter of September 12, 2005 and DENY the Finding of the party aggrieved. The Board finds that Section 7, Paragraph 7.8 does not apply to this parcel because the Bradford Street parcel, Map 61, Lot 2 was not a vacant lot. The Board finds that the Board of Assessors' property record card for Bradford Street, Ass'rs Plan No. 61, Ass'rs Lot No. 2, Total Area 7400, notes "camp" or "main house" and garage "burned 11/2/69". The Board finds that the structures were not rebuilt by November 2, 1971 therefore the non -conforming use and non -conforming buildings were abandoned per Section 9, 9.5 of the Zoning Bylaw and Mass. Gen. L. 40A, §6, ¶3. Voting against the Finding appeal: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and David R. Webster. Upon a motion by David R. Webster and 2nd by Albert P. Manzi, III, the Board voted to continue the Public Hearing for the Variance. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and David R. Webster. Town of North Andover Board of Appeals, Ellen P. McIntyr , Chair Decision2005-032, M61 P2. Curt T. Bellavance, Director of Community Development Town of North Andover Town Clerk Time Stamp Community Development and Services Division, DECEIVED Office of the Zoning Board of Appeals TGd<1_�R`{'c Of1C 400 Osgood Street North Andover, Massachusetts 01845 2005 OCT 14 P!i 1: 53 Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals T U W i' 0 NORTH MASSAE I i S Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 81h of November 2005 at 7:30 PM to all parties interested in the appeal of Stephen J. Sarcia, 215 Ellis Road, North Attleboro, MA 02760, for premises at.. 93 (or 0) Bradford Street (Map 61, Parcel 2), North Andover requesting a Finding by the Zoning Board of Appeals that the parcel is a buildable lot pursuant to Section 7, Paragraph 7.8 of the Zoning Bylaw; and a dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for relief of lot area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. Said premises affected is property with frontage on the Northwest side of :Bradford Street within the R-2 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on October 24 & 31, 2005. Legalnot M61 P2. Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No.: �,O 05 —0 Date,1641_10 0 TOWN OF NORTH ANDOVER BUILDING DEPARTMENT -Building/Frame Permit Fee $ S CHUS Fo undation Permit Fee $ v 5e- 4ufe/6 YfA :Other Permit. Fee e_ eo� z J 13 p ox �v -Bufld". -speetor ZBA 287 Date JL9—.11.7.0 TOWN OF NORTH ANDOVER RECEIPT ..................... This certifies that fifi ................... ; has paid#.100.0.0 ... ��v ... for -dod�;. —. 0., ........................... .... ..... . 3..; ........... Received by ...... M ..... ; ..... �... I ............................................. Department ....... :77�7.6.h . ............................................................... WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeals _ !North Andover Hearing No.: ZBA-2005-0051 Date: October 13, 2005 APPLICATION TYPE: SUBMISSION DATE: Residential Variance & Appeal of an official Tue Oct 11, 2005 Anolicant's Name: NAME: Stephen J. Sarcia SITE ZONING: ADDRESS: 215 Ellis Road DECISION DRAFT BY: TOWN: ATTLEBORO STATE: MA I ZIP CODE: 02760 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK: Site Information - Owner's Name: NAME: Stephen J. Sarcia SITE ZONING: ADDRESS. 215 Ellis Road DECISION DRAFT BY: TOWN: ATTLEBORO STATE: MA ZIP CODE: 02760 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK: Work Location.: SITE ZONING: 93 BRADFORD STREET DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 Section 7 GIS # MAP: BLOCK: LOT: ACTION TAKEN: 3448 061.0 0002 HEARING TIME: VOTING DEADLINE: Reason for filing: Finding that parcel is a buildable lot per 7.8; dimensional Var. from 7.1, 7.1.2, 7.2, 7.3 and Table 2 for lot area, lot width, street frontage, and front, side, and rear setbacks in order to construct a single family dwelling. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: Tue Nov 08, 2005 VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MINUTES OF MEETING: GeOTMS® 1998 Des Lauriers & Associates, Inc. bo o`ooo o o o o o o o 0 2,o67 Brom: The undersigned. All. abutters of"0 Bradford Street". I'o: Board of Selectmen. Mark. Recs; Town Manager Ray Santilli, Assistant Town Manager Tom Urbelis. Town Counsel Michael McGuire, Building Inspector Lincoln Daley, 'Down Planner We are jointly submitting the attached documents, because we feel that the town's zoning process has not been properly followed or enforced. We believe the lot is not "buildable" as documented in the package of material attached. We request that the lot be designated as "not buildable" in accordance with the town's zoning laws. r ')yo Rq/iPi:-VAP .ST C! Y -p- el C -e— -1- 7 �EC� W1 DDEC Page f BOARD OF AppFALS ro K to a nt ^ R b 3 � t t► + d 05 z \ V f i in 4 .. 4$ 'QN Ld 33S `Z� ' In Ztl v,aaon�ma�naoe• g '� � U V •tn DECD 005 � m 'BOAR F APPEALS ^ a p=08 : fs s .... '9 V' �J ++s W � V3 �.� rvs� Z O• 90 �z o LU � V Q g H jt0 4b .a� v M •Q. w w W TRANSACTION HISTORY OF 7400 SQ. FT. LOT ON BRADFORD STREET IN NORTH ANDOVER (ALL EVENTS OCCURRING IN 2005) JANUARY 28.2005: NOTARIZED QUITCLAIM DEED SIGNED BY TWO FLORIDA RESIDENTS TRANSFERRING OWNERSHIP TO STEPHEN J. SARCIA OF 19 ABBOTT RUN VALLEY, CUMBERLAND, RI 02854. PRICE IS $125,000 AND DEED IS BK 9332 PG 117 AT LAWRENCE REGISTRY FEBRUARY 3.2005: MORTGAGE DEED FILED, IN EXCHANGE FOR A MORTGAGE FOR $325,000 FROM INVESTORS REALTY TRUST TO STEPHEN J. SARCIA. DOCUMENT IS BOOK 9332 PAGE 123 AT LAWRENCE REGISTRY FEBRUARY 4.2005: BUILDING COMMISSIONER SIGNS A LETTER SAYING "Parcel is a buildable lot" APRIL 4.2005: LETTER TO TOWN COUNSEL URBELIS FROM THE COMMUNITY DEVELOPMENT DIRECTOR ASKING FOR MORE RESEARCH ON WHAT HAD TRANSPIRED -LEADING ULTIMATELY TO URBELIS' LETTER OF AUGUST 24 CONCLUDING "THAT THE LOT IS NOT A °GRANDFATHERED' LOT". THE COMMUNITY DEVELOPMENT DIRECTOR'S LETTER CONTAINS TWO SENTENCES WHICH DO NOT REFLECT THE HASTY ACTIONS SHOWN ABOVE. PARAGRAPH 4 BEGINS "On February 4, 2005 Mr. Nicetta issued a letter to Mr. Steven Sarcia [who will subsequently purchase the property] - - " FURTHER ON THE COMMENT IS MADE "After Mr. Sarcia received the letter from Mr. Nicetta, it is my understanding he purchased the lot —°. Actually, Mr. Sarcia's purchase of the lot occurred before the issuance of Mr. Nicetta's February 4, 2005 letter. _........._._......-.. _...-... 2j t. 'O C cc 3 ' .}4 .�.,1. . . .WT �AI,..•li :Y i •r/11^t-. 5'TJvi .. "Rea aasr„e wxm& »ants a"$" Feast 010naewal estr. ' Marr E. sadishtsa i95 Of 90 Baysrbill Str"t, 8etbovii, Esi= Couety, ,t t t DalSa�' fou pDOWarroa poK asd in fait eaaiderxtioa of Etghe tttoa.aad ('8,000.00) MMM Bow Bsaee Co., in., a Massachusetts Corporation, deiag busisess at 10 Ash = y • " Street, eet, AndRror. Emma Cousty, Maseaghuset". .td, quadnis roaraaxa - - i M+c bad I North Aadover. Cauety of Essex and the Cow -sir sltb of Msasaehusotts, LRwiotioa.alMauuerx.a+.g+rol . Begianiag at a atoeo. bowl on the westerly side of Bradford. ; streat to said North Andover, about opposite 'the residents of the Uco DUsthanie> Cage; 0"ce ruaaing southerly one hundred (100) feat to the r lead forseriy of the Said xathauial "gel then turaiag at as Angle of ninety (90) degrees forty three (43) minutes and rwtaiag south 65 degrees Woo 148 fast to the atone bound{ end theme tusaing at es an angle of 33 -degrees -and 47 Ulatitas and ruantng north 31 degree• Eo 179 5)10 feet to the point first raetIoned. Said parcel of lead eoataines 7400 equara'feat,.wre or less, Beiag the seas preaissa eoaveyed to = by deed of Richard A. and Margaret J. Perolisi dated Nay 12, 1978, recorded at the North Eeseg Registry Beeth at Book 1335, Pega 139. { I .1. tf•w...r.:�• MI tit" 3IIpata' bead and sat dd,xxy�.jp},9�.�T11. •«.x«x«.......+..........w..-.xrw«•».-w�......x»x.«..•.w - \w��.w�Ni.� :xTfY.l�a�fr.x 4 xxwr••.w. .•. .w...xw.........wxw•.wwx«w... ............ ..r.ww......x.w.......xxx..x.xx.xx..won • .x.xww.x..x»....wru - •w-w»wr•.ww.^•wxxww»»...u.......w»...r...xxww.q•xxwxwrywuMwx.w»•w.wwwwxM 919 6=mfi=W* of Akwarkta ns 1 Eases a 1978 7iten Mere 8. Kadishisa August 14. paranalt!' nppearod the abate naatod sed adetaadtdgad OW Iuugotog kMUU natt is he bar ' Recorded 5apl.6,1978 at, 12i34PM $ a+�w+o.a�ae. April i9, 'V, 1 f f t 4 Roger Boxed oo. 69&r an hm of the 'nhaving plate of baimmt -- * waalw-or ad Andover' 34 North- Haiti street Essex C=9Maudwsak 'Cal" to ($8,OOD.ODyI) Mary R. radiiadan I Neoax votinty, M&' vA *Mddm ism oft the Ind in North Ai4ovarstollowag PH and described as' Beginning at A St-0-te. b'*M'ld 0A -the. westerly in said North Andover, about bWosIte aide Of Air Street Nathaniel G the ke"dance of the late as "3110 -Ug. SOUtherly Con. bUndred farmer Of araltIhIenthmi&I "gg; 00D) fast to land than "rULM at an as Of 90degrees torty'-thres. (43) minutes and rwMiDS South 65. degrees West, 148 feet to 11 atone bomd; and thence turnUg at an antao of . '179 5/*10 feet to the Point first zentione& 33 degives Nast Said' parcel- of -land contains %,400 square test,. Yaws or less. Being. the same B8PteMber-P6",Mjiqn 8* aonvOyed to me by deed 9140 Mary X. Radishi Book 1350, F40 -195. Vfit*rded. at t,,xq XGSGX lrorth ZOM7 Ofaut.dattod Doe" at. 4 COMMO lu MASSACHOiSerrs IM !&-�, T.'V 4 odd Roper Sm"s Co. IM. hu ound i& MrP=ftseat oo -bO buft &End and• &= ddivacd in h nam and bftw ' P"*Aftb 10 be signed,acknowliw and by Richard D. Riop", its 1'reaideilt+TNtej . thio hetft d.1y 30th dxy of November is ihe ym OftdwAamd n6v hKI&W esventy, nine s4pw d, soak by phaident Roper Smas Co. Iso alp go Then p"xmu the above avad November jo W 79 ]?Resident of =7811DWS Co, ZM. RiChard 31-. Roper IAWI *W *&mMedgcd the &M-148 io*wnew to b. 0, fm set " tha - Roper Romeo . Co., Ind. 4eed*of Won me' en Recorded N 34 ftwwbAi6 ap&.j -junq 2.5, 1982W at 4:.2:LFM #:L2859 M ReguL-tr Meeting Sept 109 1979 called to Order at 6- 30 'Vted. CuTent, bills sj.P•M. AU hers present. Rtes of previa meet Iva Romei Inc R nota : Bearing was held for a variance • itIItters There p nt and .1e spoke meat oa Lot 2 Bradford St, Dthe ana Perks bra . ge felt that the Board sbniaid not registered ®gSnee er tests and data were subodtted. on varian ed J!p= the State 's wberedn He �c�T mentioned the lette test Pi eboFal d be dog stated the ante x'e9uest was is First. � *0 former Omer od test f the on Ing vdth fih® Board sere the presented . �0� fora vara the lot � sold the lot to �8 by ft:7 Xmas vas to be heard in 1976,er way.a fes Gaye before h � felt that bec=88 of the change of This p ante _ rras denied by the Pret►ioua plate and tests �P and because of the dates of � COnld Wider a � e. tests and near plans ssbould be Presented before -atd not be done votJ1 � ce. Mr. Plans Stated that the now deep vaterr test Pit, ?. �, not to � of 1980. Mr. 9cantcoa S� 'ma t this va�snce mt3l near data was snb®itted, timt second by ).t`• Ham, an abutter � testing dates bested that &. representative Of the abutters be notified "U*w1orlt� *► theosnerso thatP3""nt.1k �* �t�7.d have their waaid see brattheynot1J end whet► new � w'° scheda�led, and -he stated that, seo far as the ward jras ndlysable for their engineer to be prefer cool" it wQjd mer s mar. xith the Board,,s ftSPeotor and t. etiveded a hoar aster the hearing the ., did not appear at the . #hrd. anting van a led he fig• When he was informed of the vote.of the "TM L'LV HiCS WITARy DISTRICT SPO3AL STTS: %-neap Brie Teittinen, presm#,ed heater' �e Sanitary nistrict Cm the �emds of the � Board id.th State apprc vW plans for a sin the gramd to ateftetation tricts Charles . v in ,baa the7 Famed two �s�i M�s�aaa a �eri'neatal proeed+are � svn ���°` is the area, It Diade � a lmgtlW dk as a land X11 site by Xr't�ro,36 Md seconded by Dr. Xr. to declare the youces to be scent to State a temporary basis. al paper. by �. Scanlon. UWAp�bii�►eai. �, �,� Pater. L FEM 503 DALE ST: Letter was 4ed from Hichael Md Shen Saolak r + firs °f - Hale and Dorr Mdet o� to its. San , egaestin, Board to issue a cease and y ` dray Kulnins'd vho is stab] i nt horses at 503 Dale St 51 4 ,4 :i:"1n:Pl �Y �}►Mr h�wie i w w.�nd. L..... 461+. &__,_1.- _. . Page 10 AFFADAVIT Re: Mary E. Kadishian variance application before the North Andover Board of Health I" E. William Hansen, abutter to Lot #2 (of 7,400 square feet approximately) on Bradford Street in North Andover, for which a variance is being sought by Mary Kadishian, hereby depose and say: (z) As background, I Uould like to point out that at a discussion at tJJP_ July .10' meeting of the Board of Health, my wife and I overheard the members discussing the ane variance then being requested. The members indicated they leaned towards granting itry ided that Mrs. Kadiahian owned the laud and *as building a house for Iter own use. - (2) At apprortmately 7:30 p.m. on August 2, 19780 I was standing in front of Lot #2 engaged in neighborly conversation lith my wife and Robert R. Heiaze, whose affadavit is also being submitted, when a brown Ford pick-up truck cafe to a stop near us. The truck had -the words "Colonial Carpentry`, stestciUed on both downs .and had a black and silver "Ford" plate on the 'front. There were four people in the truck as they introduced themselves; : oni. about 5110" tall with brown hair and mod plastic rim glasses was Tom Goldzick (sp ?); his wife and son, Eric; as well as a blond fellow, •whit a mustache, Whose name I did not catch. He told us he worked as a '"framer" for Rick Roper and said #tori lucky he .was to run into neighbors, since Roper was the owner of the lot (Lot 12) and was offering to sell it to him. (3) He ea�a►ted to know if there were any Vater problems an the lot and if there were any other problems in the area. Z pointed our to him that the lot needed a variance for a septic system and he indicated surprise and apprecla (4)- 1 asked him if he'd mind telling me what Rick Roper wanted -for the He told as the price was to be $12,000. I pointed out that this was 40t of money for 1/6 of an acre but he observed that Roper had told him he would ensure all clearances were met and the lot would be "buildable" and further, that Roper through- US connections as a developer, -would get him financing. (5) He informed me that he was -going to build a rustic ca pe olonial. He further observed that the house hdcb e intended to build hadrawttt ug on the lot. plan and that it would fit ou this small lot. Signed this tin - of August, gust, ].1178 under the pains and penalties of perjury. ,- Page i I DANA F. PERKINS & ASSOC., INC. CmsrclEiny (,�n�ineers September 8, 1980 Mit. E. W.clliam Hansen 103 Mad6ord SUeet N.Andover, Massachusetts 01845 Re: Many E. Kadishi.an Property Dean Mn. Hansen: This cavicespondence is to conji m .the• so -c t testing pa6ormed at the above captioned site on .Cast Satuhday, September 6, 1980. The ,testa were conducted by Joseph J. S AbagaUo, Registered San i tcvcian and wue witnessed by Mn. Thomas Murphy rep z enti.ng the Hoath Andover Soared of Heatth as weU as .the writer. The pereo.tati.on and deep -teat pith were taken .in the pkopos ed area Son sewage d.i,sposat as shown on a pian by Joseph J. 8anbagat.to, p)ce paced ion Many Kadi 6 h ian. It s houtd be noted that .the teat .log on Mr. Sanbagat.to's plans shows test6 as San back as 1976 and as most recent as June 14, 1980. The percolation test Rocations, depths, etc. were dug and performed in the pkoposed teaching 6.ietd area in accordance with T.c tte 5* and presoaked in accordance to pkocedunes o iS T.i tte 5. The res utts o 5 .the testa indicated that the pereolati.on rate on the iiat test hale was running welt. oven 48 minutes pen .inch. It appeared obvious to att that iS the percolation .teat was allowed to continue it woutd %eauf t in a 6 i,na t test o f much higher than 48 minutes pen .inch. A -second peneolation :test produced a rate greaten than 30 mirurtes pen .inch and once again it was obvious to aU that the 6.inat tests woutd be .in excess o6 30 minutes pen .inch. It is obvious as a resutt o6 the testa noted above as weft as conceded at the site by W. &vrbagelto and M. Mu phy that the soft conditions in the area proposed Sor subaun6ace sewage d.6posat on Mn. 8atbagetto'4 pta.n4 ane unsu tabte bon 6ubsuniaee sewage disposa.t in accordance witTthe nen4 o'the.�a6aa Civil • . Environmental • Land Surveys 125 Main" Street. Box 506. Reading, Mass. 01867 — 944-3060. 43 Lakeview Avenue. Box 1322. Lowell, Mass. 01852 — 452-9871 Mn. E. Witti,a.m Hansen -2- SeptembeA 8,1960 it ahoutd atao be noted that gltound wateA m6 bound at .the bottom o6 the teat hot.es apphoximatety at an etevation o6 9 Beet betow ex i.ating gxound. It appeared very po.6s i bte that pound water eoutd be eona.i.denab.ty higher (pWzapa within 3 Seet mane oS teas, o6 the 6uA6ace under 6pAinq time conditionaj. It would be my opinion that any i teApnetation o6 gxound water Sum p4eviou,6 : teats Solt thio .ad to cannot be clone. The only time Sox utabtiAhixg gltound watex box .thio pati eutax 6 i to i4 dun i.ng the a paring o S the yeah. Aa a xea uttt o6 the testa and dia cuaa.i ora on the a.c te, it was agreed that W. Baltbagelto would white to the bui tden as we t as to the Noxth Andovex Board o6 Neatth conceding that the teat xeaaM .indicate unsur table aoiZ 6o,% sewage diapoaat. It woutd be my recommendation, i6 at att poda.ibte, that the Town o6 Nolrth Ando ve& Board o6 Heatth eona.i dek entering into the minutes o S the next meeting that .i.6 any additionat teat,i.ng iA ptanned box this .tot (which appeau a remote poaa.ibi,Gity) that the abuttoxa be given the oppontun ty to be aware Q6 this Sart. Very twy yowa, DANA F. PERKINS 6 ASSOC., INC. Donald B. P. DEM/it own I Mnm nno Page 14 t i own I Mnm nno Page 14 �r 13 Y �y,p�a��=7ZP S 4 iii �wa ate=== a 3 � ��� }� �`_.?� as�a ��:�•' �.. mac-_?�_ :as � SIC* -40 navoo DEC -21-2004 Tit 12:42 PN Dec to 04.02: 29P Clear l es Oernet Jr • �10.� Op. lldCa�.wa�t ]IOwif1. �� vk 16, =4. To Whams it OW7 Comeaw FAX ria 6093717300 bAR Go I,W M3CRM � 44lOKsomr A�OYY. >Y O�1i16 P" 470-1514 PapUMB (10O OM.Me Mar T. awe MWUAAWM AbAM>�DOp196 CaT�>w+i� Rm 93 mrd 8M*C% SatKit Andavw, MA 1�is wdi oe�iryr haat I base etaaminod the deeds the abO*c-� plop" as arca as m the abs p =ppm and And that the ftee proparttes .,. not held -in common oWnetsb L Phood 1D- 2107061.04O02.OoW.0 ri* was tram frvM-Afe:t Aaronian tb A1ioe Kedershian .by virtue Of* deed dated April 13.1940. recorded vrkb Roomlloeds DAb ict Deeds in Book 630, Pae 314. The subject locus is parcel three in lite toed. 11k a Kedw*ian awbseq esttty traatsfened tine propwtJ tip Kadtadoor Kudumlrdm b7 dead dated November 1. 1940, reoatded with said Re&by in Book _ gachadoot Kudtniion truvw6ind the pWMh to fbSP Kedershian by virtue of a deed dated AprA 7. 1942. r , r - rl d is Hook 649. Ar4p 38M Hadop Kedershien uww&nvd the ptaperty to Uwy Ebobetb Kadisbian by deed dated August 14. 1973. tocaded in Hook 1229. P&W 87. leanZtbabetb Eadiaihsato usnskrred the propctty to Richard A. Pareft and MwPret J. POroiiai by deed dated January 17, 1977, by dead recorded at Book 1301, PAW X171. d0'd e'S=ft ME 'El =0 Page 5 01901"W31e4 F,egast 14"3!s f=al► ;x -'d TSR?-`aC-Tni MT.%_Isc. eu�.T (2 DEG -21-2004 TM 12:42 Pt[ FAX K Owe 19 04 02:29* Charles Hernat Jr 60997173M Ri bWd A. Parodi MA Nwrx ct J_ Ptah Rana iod the p up wty am Uuy L Kasahisrt by eietAie cia deed Baled iii lZ, I978.:+eoorded with said in Boric Mw Kedinhitan tnmdeared lice peoMil to Boxy by deed dried Ocbi*ec 6, :962. reeotded is Boole Z71d; ftP 12. Hartz Sadishism al+oeb *mmd the properly to lice esstowners, Ptamig Jamus K"Afan and Cbery: Aan DeJean by deed dated Docen bu 17, 1990. reooaded with said Rutty in 3 ek 2716, Plye .12: F -d 90"41 WIL Pool tl 3" ""'conal-cei Pje9ai Isey-110 '14xv page 6 1262 -spec -To* siojeg sues eiT:TT i0 ZZ oaa P. 04/06 P_3 0. ad" Nbook L February 04, 2005 Ak Stsarae Samir P.O 8ox 1151 OWSWOet. MA 01503 TOWN Off NOWM ANOliY11 t LMW49,pWAR2W=rr 400 0ww Saawt No* /lydiret, Mds■dMue M 01*0 Td*bm %Gl" 4U P&L OM ""m R= . 0 BnWANd Servet MLW61, PUCW 42 Om W. Ser+cie; po ID aft E LevW4. Rmpin and dw sd mwmd dw !lw� I m offt opisim dut do a6ow l4iepi is s bonaw is kL Yana U*. D Roboet WwWo Hw7% Caaeeeeaiaoec . 7�aoe6 Emfwc=mm Offic ar •eQAnaofA"FALSfiNW v C MVAlMdMWPM page 12 • �ae�cnratia�.��,, n�►ac�r�r: ss�s..s tq i 2x.IS dt Fes,, �p 135 FEDERAL SMEET DMMM, MAs.S►UaZEM 021 141727 Rachel Anne Win, Esq_ L 2w Office off'-Mx-imd I- Lambad 44 Park Street '► goer, IM A 01a10 Ia' .A,ttmn y Monte TdaaoVicr617 3,sAt2t May 13%, 2005 I sura wui m card to v. mw letter dated Docamber 16,2004- It 6,2004_ a rdqfimW 97947S -n: It •airs fiUM YOW letter that You "Ibe Roper Hoag Deed dated %v=dmr 3II; 11179 Cm y� I tti Mary E. � for $8,004 and be Roper FEW= Mottg,��e enclosed 3Terev WL also awio are Board ofH=&h Mm m 6uum v4pU,.bcr l% 2979 and an Affidmt of E. William Hansen dated 4,1975 aidafsnefio>r pnwi" by Mr_ Hum=. Cot�Id Y'm P)w1SC m iew the mdosed mad addma = to whdberw um (and w -by) ,ymr COOT-litStiDt1 that the "Subim loam uny be causidaW a Ie. W- is daved pfidiy with m -gm d to '*AwxbmncW- as well as to lass of graodfidheri ng ==Wtiom I Imk tompard to heann frcm4 yom 'I•JL':bnF . cc: E.Willimn I• xw&n (w,,,mc) I fel& Grifrm (W/Cm) D. Robert Nicetta (view) very wy r Thom= 3 Elrbelis Monh Andover Town. Couma LAZY OMCS -OF MICHAEL IL LO ARD 44 PARK STFAM? AMoa►v3, MA 01810 (978 475-1518 FACS013M.a (978( 470.3448 *CHAII, 8 LCiMMA g6Q RACMM AM ,MOON, May 25, 2005 Thomas I Urbelis Urbetis & Fteklstwt Up 155 Federal Street Boston, MA 02 t 10 - 1721 Re: Bradford Street Loot PASAi�Ar� WARY ? DQG6tAiNi LTM aL LAYITA ALALIA I610 GMA.HRAZBi,1S Dear Attorncy Urbeiim This will advise you that i researched the reeds at the Registry of Deeds in order m detmmwe whether the; abutting iota wes held in cownwa ownexahip with the Badisbiem Jot. AAtthano the subject tot was deeded out to Raper Hames and bads agyaua, I do not believe that the baasfer makes a dike since the abutting tats were not heli in conanon, ownerAlip Again. I "matched only the ReWstry of Deeds records and not Hoard of Health reoarda- My research at the Assessor's Ofi*ce uvea solely to determine vdw the abutters vmw. so that i could perform the research at the Registry. My conclusion was based an the Registry records only. Sin Esq. 16 URBELIS & FtEimsTEEL, LLP D E C E 0 U 155 FEDERAL STREET BmToN, MASSACHUSETTS 02110-1727 AUG t ri 2� j THoMAs J. URBms o -mad gucwluf-law.com Raymond T. Santitli Assistant Town Manager 120 Main Street North Andover, MA 01845 RE: 0 BRADFORD STREET Dear Ray: Telephone 617-339-2200 Tekcopier 617-33"122 August 24, 2005 As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above -referenced lot, which is in an R-2 zoning district and contains 7,400 square feet, is a buildable lot_ The current minimum lot size in that district is 43,560 square feel On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the information and materials submitted by Ms. Griffin to us at that time, that Section: 7.8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable lot. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held in separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to any lot that was duly recorded by deed prior to January 9, 1957, provided that it has a minimum stream frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received additional information, specifically, a copy of an Assessors' record card which contained reference to 'structures on the lot referred to as a "camp" and a "garage", with the notation that they had burned on November 2, 1969. We have been unable to ascertain from the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings were on the lot prior to 1942, when the first zoning bylaw was enacted. if that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings on this lot until 1%9 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable. While the fourth paragraph of G.L. Chapter 40A, Section 6, and Section 7.8 of the Bylaw apply to vacant non -conforming lots, the reconstruction of a dwelling on a nonconforming lot is Page 17 o era eon n In URBELIS & FIELDSTEEL, LLP August 24, 2005 Page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A, Section 6 provides in relevant part, that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence. or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or . by-law required by section five, but shall apply to any reconstruction, extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw, which provides: 9.4 Building after Catastrophe Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, earthquake or wind to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such .damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as maybe permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the desirability of eliminating nonconformities recognized in Chapter 40A and applicable cases, which acknowledge "`...the eventual elimination of nonconforming uses as an objective underlying zoning regulations."' Dial Away Co. Inc. v. Zoning Board of Appeals of Aubum, .41 Mass. App. Ct. 165, 170 (1996). See also Dowling v. Board of Health of Chilmark: 28 Mass. .App. Ct. 547, 551 (1990) and Strazzulla v. Building lngpector of Wellesley, 357 Mass. 694, 697 (1970). Both G.L. Chapter, 40A, Section 6 and. Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and are applicable to the present situation. G.L. Chapter 40A, Section 6, Paragraph 4 provides: Page 18 I SR UR13ELIS & FIELDSTEEL, LLP August 24, 2005 Page 3 "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the North Andover Zoning By-law addresses the issue of abandonment as follows: 9.5 Abandonment If any lawfully non -conforming building. or use of a building or land be at any time discontinued for a period of two years or more,...it shall thereafter continue to conform:... In the present situation, the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9.4 and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the holding of the Massachusetts Appeals Court in the case of Dial Away Co., Inc. vs. Zoning Board of Appeals of Auburn, cited above, which considered the question whether an undersized lot remained a buildable lot twenty-three years after the demolition of a nonconforming dwelling. The Appeals Court held that under the local by-law, the buildings were "abandoned' at the time of their demolition and that. therefore, they lost their "grandfathered" status two years later. In so holding, the Court held that "...it would be anomalous indeed to construe [the Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintiff's undersized lot because of the happenstance that in 1944 a house was built that conformed to the then existing by-law." Dial Away Co.. Inc., supra, at 170. Nothing in the recently decided case of Bransford v. Zoning Board of Appeals of Edgartown (August 12, 2005) would appear to alter this conclusion. Therefore, our further analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a "grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. TJU/kmp cc: Mark Rees Michael McGuire Page 19 Very truly yours, V ! U Mtr �� Thomas #Jrbelis FC( 'WWWROM-Al"IQ -ts1°oeuepaltsmat COMMAMAYDeooepamt md sennas .o,ow"S."W V. mgt Ii �iaA�. Dw,p*. CW=i t�l!_��s--�elmoe�lgLisaiRa�ei�iliilEfOL --wk Plow mom Gm, ld A. Brown Inspector of Buildings Town of North Andover Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Arty appeal shall be filed „+ft (20) days after the date of Sling of this notice in the office of the Town Cleric, per Mass. Gen. L. ch. 40A. 817 Telephone (978) 688-954I Fax (978) 688-9542 Notice of Decision Year 2005 Town.QerkrmneStmp f t W RECEIVED T0 "1 7—RK R nrFtCF 2005MOV 21 PIS'tl: 25 li�i�:S vI' NKIRi7H 6131,� • NAME: Stepp J Sandia, 215 Ellis Road, North ~ Vj V j xAWUWU \iL�c :vra Ol i�n'v�i, 1 �. NEARING(S): Ndrv�nber 8, 2005 MA 02760 ADDRESS: for premises at: 93 (or 0) Bradford PETITION: 2005.1132 Sheet oft 61 Parcel 2 North Andover MA 01845 T"YP1NG DATES Novanber 18, 2005 The North Andover Board of Appeals heed a public hearing at its109014 ' on Tuesday, November 8, 2005 at 7:30 PM in the: Town Hall tap floor mec ing mom, 120 Main Strep,. North Andover, Massachusetts UPOR the 8PPlicstiOn of Stephen L Sar+cia, 215 Ellis Road, North Atdcfio;b;:MA 02760, for premises at: 93 (or 0) BrXaiford Street (Map 61, Pared 2), North Andover rcgws ft a Finding by the Zoning Board of Appeals that the parcel is a buildable lot prrraaant to Section 7, Paragraph 1.8 of the Zoning Bylaw, and a dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for reWof lot area, lot width, street Eromage; and liont, side, and rear semmds in order to comtraet a single family dw bnt Said premises affected is property with ftntap on the Northwest side of Bradford Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were Published in the Eagle-Tfi6 ne on October 24 & 31, 2005. The UWWW8 Vim.Members were pint: Ellen P. MCIE14T4 Joseph D. LaGtasscti Richard J. Byers, Albert P. Manzi, HL and David R. Webster. The foltowing non-voting members were presow Thomas D. Ippolito, Richard M Vaillancwrt, and Daniel S. Braese. Upon a motion by Richard I. Byers and 2°d by Albert P. Manzi, 4 the Board voted to uphold the Building lnspectoes totter of September 12, 2005 and DKNY the Fimft of the party aggrieved. The Board finds that Seddon 7, Paragraph 7.8 clow not apply to this parcel because the Bradford Street parcd. Map 61, Lot 2 was not a vacant lot. The Board finds that the Board of Assessors' preppy record cud for B� 5tred, Ass'rs Plan No. 61, Ass'rs Lot No. 2, Total Area 7400, notes "da mer or "main house" and garage "burned 11W69". The Board finds that the WUCWM were not s&Wk by November 2, 1971 therefore the non -conforming use and non -conforming Wilings were Abandoned per upon 9, 9.5 of the Zoning Bylaw and Mass. Gen. L. 40A, §6,13. Voting against the Finding appeal: Elten P. Mcintyre, Joseph D, Laonwe, Richard J. Byers, Albert P. Manzi, III, and David R. Webster. Upon a motion by David R Webster and 21 by Albert P. Manzi, III, the Board voted to continue the Public Hearing far the Variance. Voting in favor: Ellen P. McIntyre, D. LaGrasse, Richard I. Byers, Albert P. Manzi, III, and David It Webster. Town of North Andover Board of Appeals, A P. C Deddon2005-032. MOM all T+ %fAS J. URBEUS e-mail 4uQufb.eom Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 RE: VARIANCES Dear Members of the Board: URBELIS & FMIDSTEEL, LLP 155 FEDERAL STREET Bo=N, MASSACHUSETTS 02110-172" Telephone 617-338-2200 Teiecopier 617-338-0122 July 16, 2004 Andover Telephone 9784754552 In order to.grant a variance, Massachusetts G.L. ch. 40A § 10 requires that the Board find that owing to circumstances relating to the soil co 'bone_ , or lmX of such land or structures and especially affecting such land or structures but nat affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by=law=wouI44nyo1ve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying Qr substantially derogating from the intent or purpose.of such ordinance or by- iaw. There must be a nexus between at least one of the three circumstances cited above and the hardshipclaimed by a .petitioner. For example, apersonal hardship (such as health) is not a proper factor for consideration of a variance. Nor is personal fuzancial hardship because of lost profits, prior expenditures, or resale value. Please call if you have any questions. TJUlsaf cc: D. Robert Nicetta 1Griffin Rees JUL 2 0 2004 t.++up3FsOrkYtw�avekonetplbuarclofappeai, lG=raancec.doc BOARD OF APPEALS PEALS Very- truly yours, Tho mas lis 2.; �—. SEYFARTH A T T O R N E Y SiA LLP Writer's direct phone 617-946-4973 Writer's e-mail dbarone@seyfarth.com December 8, 2005 VIA FEDERAL EXPRESS Ms. Michel Glennon Town of North Andover Office of the Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 World Trade Center East Two Seaport Lane Suite 300 Boston, MA 02210-2028 617-946-4800 fax 617-946-4801 www.seyfarth.com Re: 93 Bradford Street, also known as 0 Bradford Street Map 61, Parcel 2 Owner: Stephen Sarcia Dear Michel: I am enclosing the following documentation for the Variance hearing on December 13, 2005 regarding the above referenced property: 1. Assessor's Map 61; 2. Assessor's property cards for undersized lots; 3. Copies of letters from engineer; 4. Copy of Purchase and Sale Agreement; 5. Copy of North Andover letter from Community Development; 6. My affidavit regarding property card information; and 7. Memo to Board of Appeals. As always thank you for your time and assistance and please do not hesitate to call me with any questions. IDEC FC0pd1dmb 12 D enclosure Z�a� BOARD OF APPEALS Cordially, SEYFARTH SHAW LLP 2) OS4441 — Donna M. Barone Paralegal B01 15744805.3 / 87813-000002 t T W V) N m U 0 Z 0 Z 0 v U Z Q Z Q 0 3 Z T Z Q 0 Z 0 0 0 0 Q U T U Z 0 0 Z Q a Memorandum TO: North Andover Board of Appeals FROM: Donna Barone, Paralegal DATE: December 8, 2005 RE: 93 also known as 0 Bradford Street ., Owner: Stephen Sarcia World Trade Center East Two Seaport Lane Suite 300 Boston, MA 02210-2028 (617) 946-4800 Fax (617) 946-4801 www.seyfarth.com I have attached for your review the following documentation with reference to the Variance hearing on December 13, 2005 for the above referenced property: 1. North Andover Assessor's Map 61, indicating lots containing single family homes under one acre on Cherise Circle; White Birch Lane and Settler's Ridge Road, along with copies assessor's property cards; 2. Copy of Purchase and Sale Agreement which contains the conditions to closing which you will find on the Rider to Purchase and Sale Agreement, paragraphs 30; 31; 32 and 33 3. Copies of correspondence from Northeast Environmental Engineering and Stanton W. Bigelow, Civil/Environmental Engineer regarding design plans. 4. Letter from Town of North Andover Community Development and Services Division indicating that Mr. Nicetta issued a letter to Mr. Sarcia stating that the parcel is a buildable lot and as early as December 16, 2004 Mr. Nicetta was receiving correspondence relative to building on this lot. 5. My affidavit regarding Assessor's property record card for 93 Bradford Street. DEC 1`2 2005 iSOARD OF APPEALS BO1 15751621.1 1 w U) co m 0 6 z 0 r C7 z 0 U N_ U z ¢ z N 0 z a U Y 0 z z 0 0 0 ¢ U 2 V z Q A-PP66 , June 2, 2005 NORTHEAST FawmGNlwle1TAL ENGINEERING & SERVICES Mr. Steve Sarcia 133 Bradford St. (proposed) North Andover, MA RE: Progress Payment Steve: OFFICE: 8 Weston Street Danvers, MA 01923 Tel.: (978) 777-0030 We are ready to submit the fbW design plans next week. We would treed 54,000 payment to provide the towns Boards and State with design plans for review and approval. Please call me to discuss. As you are aware I have invited three other homeowners to connect separately into the sewer collection system. Their cost will be the same, more or less, as your costs for approvals. When we receive your payment we will submit the applications. If you want to come to my office to review, approve, and receive a limited number of copies for your use, please call to schedule. Please understand, even though the Town has had a preliminary review, sorne changes could occur before final approval. The changes Sincerely, Brian Farmer Project Manager DEC 12 2005 BOARD OF APPEALS Sfaitl01 W. Bigulo , M.S., P.E. Civil/ Envitc;nnic:tttal Ettgince.r wetlands permits . septic designs tine 5 -inspector chapter gi-licenses zoning issues . structural design and construction site development permitting and constructionmanagement 6 ik intlarop Avenue, L;.•4., G1��1112rr12cc�r112h; i'rcl ►�icl2 t %'2r`cl itr l3ese3ly, Nlassachusells orgr:) ALS., rerr2bliversitt- 113/1IAX: g78-922-26229 R(r:l'io&ssion aiC.'i�il� mince', 11�rks�act2arsctts e-mail: stun-bigc1oN%Cff)oerirou.net I�iplo22aate,_41a2eri€arta fraulea2a�i'n['Era3iroa212aerataal aa�aneers May 17, 2005 Mr. Steven Sarcia 4- €v�ergreen Drive North Andover, 'MA 01845 Re: Design of Sewage Pumping Station and Force Main Facilities, 133- Bradford- Street, NorthAndover, Massachusetts - Report of Preliminary Design Efforts Dear Mr. Sarcia: Enclosed please find a copy of my "Plan of Sewage Pumping Station and Connection to Town Sewer for 133 Bradford Street in North Andover, Massachusetts;" which I have stamped PRELIMINARY, -for your review, as we discussed on the telephone yesterday aftemoon. Given that we have not yet met, I am also enclosing a copy of my Professional Resume, which outlines my career development over the past 35 - plus years. My contractual arrangement on your project is as a subcontractor to Brian Farmer of Northeast Environmental Services, Inc., your general contractor for the work at Bradford Street. My role on the job is that of Design Engineer, and I will -be preparing. and presentingpermitting materials to the local authorities responsible for reviewing and permitting the project, the North Andover Conservation Commission and the Public Works Departments Water and Sewer Division Manager, Mr. Tim Willett. I will keep both you and Mr. Farmer appraised of progress on the project up to and including. issuance of the requisite permits and certification of construction completion, to end with requests for Certificates of Compliance. As I .said to you, your estimate of $30,000 for your .project seems to be in the right order .of magnitude, .as there may be some cost-sharing involved between you and other property owners on the Bradford Street :run: Mr. .Willett has asked us to provide forcermain extensions to three residents on the opposite side of the street, all of whom have septic systems that are operating marginally beside the wetland resource area. If they are amenable to connecting into the sewer, which is most -likely given their present situations, we would involve them in a pro -rated cost sharing formula for all General Conditions, Trench Excavation and Backfill, Temporary Pavement Patch and Permanent Pavement Repair items, which would reduce your costs for these items by about 50 percent. Steven Sarcia Page 2 May 17, 2005 Your force main total length would be 1,070 feet, along the route shown in the enclosed plan. This line would consist of a 2 -inch -diameter High -Density Polyethylene (HDPE) pipe, laid in 50 -foot -long segments and field -welded using a plastic pipe welding process. The pipeline segments would be provided with 2 - inch insulation wrap, for a total in -the -trench width of 6 inches, with the wrap being field -cut and replaced at all weld joints. Detail drawings of the trench and pipe cross-section, the joint welding process and any special considerations will be provided on the final design plans for your project. The pump chamber arrangement we have envisioned for your project would consist of a two-compartment tank, with the primary (1,500 -gallon) compartment acting exactly as a septic tank, and requiring regular maintenance in the .same manner as a septic tank (pumping every other year, with wash -down of the pro= vided effluent filter which discharges into the secondary (1,000 -gallon) compartment, which is your actual pump chamber. In the pump chamber, filtered effluent would be evacuated .out of the .tank and through the force main .bya 0.5 -Hp, 115 -volt submersible septic tank effluent pump (sizing of pump motor and impeller still subject to change as the design is developed). The 1,000 -gallon compartment would provide a one -day storage volume (in case of power outage) in addition to room for a regular dose to include drain -back from approx- imately 350 feet of the force main. The pump would be mounted on a rail systern allowing for access to replace or repair the pump or motor units without personnel entry into the pump chamber, with piping in- side the tank to consist of 2 -inch Schedule 40 Polyvinyl Chloride (PVC) pipe and fittings, to include a union fitting and an adapter (at the compartment wall) between the PVC pipe and the HDPE force main. As stated earlier, the final design plans for your project will include detail drawings of the tank as well as any amenities such as the pump, effluent filter, electrical connections and controls, and all access manhole risers/covers. As the design progresses, I will be happy to keep you informed of my product selections and costs, at periodic intervals. If you have any questions yourself, please don't hesitate to ask. You may reach me at my cell phone number, (978) 223-5085, or at my offices in Beverly ((978)922-2629) or Gloucester ((978)283-9604).' I am, usually in Beverly from 7 am. to 9:30 a.m. and from 3:30 p.m. to 6 p.m., and in Gloucester from 10 a.m. to 3 p.m., however, my cell phone is always with me and can usually make connection, barring "dead zones," which happen often when I am on construction sites. As I said, once Mr. Willett gives us final directions, it should only take a week to get final plans ready. The Conservation Commission process will take from 2-3 months,including statutory advertisements and appeal periods:.I look forward to working with you on this most interesting project. er y yours, i Stanton W. Bigelow, M.S., P.E. Consulting Civil/Environmental Engineer Encl. (2) SWB/emc CC: Brian Farmer, Northeast Environmental Services, Inc. STANTON W. BIGELOW, M.S., P.E. CONSULTING CIVIL ENGINEER EDUCATION PROFESSIONAL RESUME Bachelor of Science, Civil Engineering, Norwich University, 1968 Master of Science, Civil Engineering, Northeastern University, 1977 PROFESSIONAL CERTIFICATIONS Registered Professional Civil Engineer, Massachusetts Registered Professional Land Surveyor (in. Training), Massachusetts Licensed Water Distribution System Operator, Massachusetts As a Professional Civil Engineer in Private Practice with over 35 years of experience in the public works .management and consulting fields, Mr. Bigelow has specialized over the last five years in the field of rear estate development, design and permitting, particularly in the northeastern Massachusetts region. As an expert in the design, permitting and installation of water and sewer utilities and on-site sewage disposal' systems, he has served both private (real estate developers, homeowners, commercial property owners, mortgage bankers, conveyancing attorneys and title insurers) and public (Town of North Reading, City of Gloucester and Town of Wenham) clients in the siting, design and construction inspection of such projects: Mr. Bigelow has inspected, supervised and managed construction for a number of public and private employers and clients over his career, beginning with his first job after college: inspection of the complete restoration of a covered bridge over the Dog River in Northfield, Vermont as a resident inspector for the Vermont Highway Department in 1968. He made a scale model of the bridge as his pledge project for Chi Epsilon, the national civil engineering honor fraternity, during his senior year at Norwich, and seeing his model come to life as the full-scale job over six months gave him a love of construction that has never waned in 30 -plus years on the job. After a two-year active duty tour with the U.S. Army Corps of Engineers, during which he was awarded two Army Commendation Medals for service as a construction materials inspector and manager of the Central Quality Control Laboratory for 35th Engineer Group in Cam Ranh Bay, Vietnam, he returned to the U.S. in 1971, working with the Boston office of Camp Dresser & McKee Inc. as assistant cleric of the works for the Braintree, Mass. incinerator. His talents as a writer were quickly recognized, and he was promoted to the Publications Department at the firm, where he developed the style guide for CDM's world-wide specifications manuals. Seeing the need to further develop his technical expertise in civil engineering, Mr. Bigelow left CDM in 1972 .to .attend graduate school at Northeastern University, where he obtained .his Master's Degree. in 1977, after several years of thesis research while continuing his professional career. Completing his graduate course work in 1973, he joined the Framingham, Mass. firm of Schofield Brothers, Inc, as a Senior Engineer, tasked with development of that firm's construction management capabilities. While with SBI, he acted as clerk of the works for Framingham State College's Main Library and Engineering Center projects, under contract with the State Building Commissioners' Office, and as construction inspector for scenic roads projects in Weston, Barnstable and Ayers, Massachusetts. 1n 1977, he started his first private practice under the firm name of Wastec, -Inc., as an affiliate firm of the Wayland, Mass. firm Interdisciplinary Environmental Planning, Inc. (IEP). His role in this first practice was the design, construction, start-up and operation of private water and wastewater treatment facilities for real estate developments, shopping centers, institutions and highway rest areas. While in this role, he became a regular consultant to the Jeffersonville, Vermont resort complex The Village at Smugglers' Notch, and spent two construction seasons as project resident engineer for a number of building projects. ---------------------------------------- STANTON W. S I G E L O W, M.S., P. E. - page -2 In 1979, Mr. Bigelow was recruited out of his private practice by Camp Dresser & McKee Inc. to manage their Phoenix, Arizona Area -Wide Wastewater Facilities Planning Program, which involved the oversight of several large, multi -disciplinary Environmental Assessment projects related to the expansion of Phoenix' major wastewater treatment facilities, the 45 MGD (million gallons per day) 35th Avenue Plant and the 120 MGD 91st Avenue Plant. His reputation for being able to coordinate such large and varied staff efforts led to his recruitment by the City of Providence, Rhode Island and the District Judge overseeing the Federal Court -mandated Providence Consent Decree, involving some $28 million in emergency and remedial modifications to the city's Fields Point Wastewater Treatment Facility. Acting as the Judge's appointee, Mr. Bigelow managed the project, and eventually served the U.S. Attorney's Office and the Rhode Island Department of Environmental Management in guiding the transfer of control of the facility from the City to a quasi -State agency, the Narragansett Bay Commission. While in Providence, Mr. Bigelow supervised over 30 inspectors, project managers and .project engineers involved in various - aspects of design, construction and operation of parts of the 38 MGD facility. The endeavor was heralded _by numerous environmental non-profit organizations, and by the USEPA's Region I Office, as a model of success in municipal wastewater treatment organizations. Based on that success, Mr. Bigelow was recruited in 1980 by the Burlington, Mass. firm Raytheon Service Co:, the operations and maintenance services arm of the large electronics and construction conglomerate, to participate in the construction inspection, start-up and operation of two of their large "turnkey" solid waste -to -energy projects, the Delaware Solid Waste Authority's 2,500 -ton -per -day -sludge- and refuse composting plant in Newark, Del. and the 2,000 -ton -per -day refuse recovery plant for the City of Rochester, N.Y. Managing a staff of over 20 at the Burlington headquarters and both construction sites, he was able to get both facilities fully operational with one year, whereupon Raytheon's CEO and Board decided to divest themselves of the environmental operations at RSC. In 1981, at the peak of his career in environmental systems management, Mr. Bigelow took time to re- assess the direction his career was going in, and decided that he wanted to "step back" into the more traditional roles that his civil engineering training had prepared him for, and get involved in a more "hands- on" approach to civil engineering, where his involvement could be related more to problem- solving on small projects, and he could practice more as a pure civil engineer. The City of Gloucester, Mass. .appointed him as City Engineer to act principally as Clerk of the Works for a $20 million program of sewerage improvements, including an $11 million, 4.5 MGD wastewater treatment facility. Using his varied and substantial background in construction of public and private facilities, he was able to bring the entire program on-line over a three-year period within schedule and budget requirements, and to obtain 100 percent payment of some $16.5 million in State agency reimbursements upon the project's completion. From 1984 through 1990, from an office in Gloucester, Mr. Bigelow again concentrated on real estate development clients, designing and inspecting construction of several residential and commercial developments throughout the New England area, but particularly in the North Shore area. When the .real estate marketplace experienced a major downturn in 1990, he decided to return to the public works management sector while remaining in the North Shore area which he and his family had called home for years, and accepted the position of Director of Public Services for the City of Salem. Working as the Public Services Director during part of the mayoral term of Neil Harrington, Mr. Bigelow was -able to plan, design and supervise construction of a number of City projects, including the rehabilitation of the Bowditch Field athletic facilities for the Salem School Department, the Riley Plaza Reconstruction Project (fie acted as Project Engineer for this project to alleviate staff shortages at the Mass. Highway Department, reviewing shop drawings and consulting with the State's field inspection staff on utility and alignment issues during the year-long job), and the Salem Police Department's Headquarters Building. The major contribution Mr. Bigelow made to the City of Salem during his 30 -month term was as it's representative to the South Essex Sewerage District Board of Directors, where he managed negotiations resulting in over $20 million in host city payments by the District for everything from a $10 million fund for STANTON W. BIGELOW, M.S.. P.E. - Page -3 - water and sewer improvements to redesign of streets and intersections along the haul road for materials to the construction site of the 30 MGD secondary treatment .plant facilities on Fort Avenue. In 1993, Mr. Bigelow left the City of Salem to become Superintendent of Public Works for the Town of Hamilton, Mass. In this capacity from 1993 until the end of 1995, he developed a town -wide road recon- struction program, and managed the implementation of the first two years of the program, using a combi- nation of Chapter 90 funds and Federal/State Aid Highway Program reconstruction funds. While with.the Town, he designed and supervised construction of a number of small projects, including- replacement of the sewage disposal system for the town's Joint Police/Fire Headquarters, construction of a new parking lot facility for the future site of the Joint Hamilton-Wenham Library, and several drainage system improve- ments throughout the town. He left the town to resume his private practice endeavors early in 1996. Since his return to exclusive practice as a consulting civil and environmental engineer, Mr. Bigelow has _provided a wide range of services to several North Shore general con struction contracting and real estate development firms. A partial list of these major clients includes: o Caruso & McGovern General Contracting Company, Georgetown, Massachusetts o A. Giacalone Construction Co., Inc., Gloucester, Massachusetts o Northeast Environmental Services, Inc., Danvers, Massachusetts o William Smith & Sons, Inc., North Reading, Massachusetts o Stewart's Septic Service, Haverhill, Massachusetts STANTON W. BIGELOW. M.S.; P.E. B�a¢car� bood Bo�v�� �Qa�o�o4oao II000 Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958-1986 OSBORN PALMER 1911-1970 BRADFORD & WEED 1885-1972 December 20, 2004 Mr. Stephen Sarcia P.O. Box 1151 Burlington, MA. 01803 RE: F13995 BRADFORD ST. N. ANDOVER, MA. Dear Mr. Sarcia: I have reviewed your request regarding the above referenced property. I offer the following: A proposed house, approximately 28 x 55, could be constructed perpendicular to the street line, 12 feet from the side yard and 10 feet from Bradford Street. A proposed house, approximately 28 x 58, could be constructed parallel to the property line of Hansen, 12 feet from the side line and 10 feet from Bradford Street. Sincerely, Christopher R. Mello, P.L.S. President CRM: alb 104 LOWELL STREET PEABODY, MASS. 0196 0 TELEPHONE: 978-531-8121 FAX: 978-531-5920 Town of North Andover Office of the Director Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 Division Director Heidi Griffin April 4, 2005 Mr. Thomas Urbelis Urbelis, Fieldsteel and Bailin 155 Federal Street Boston, MA 02110 RE: Building Opinion regarding 0 Bradford Street, Map 61, Parcel 2 Dear Mr. Urbelis: I am enclosing documents relative to the abovementioned property for your review. LcJr i Telephone (978) 688-9531 Fax (978) 688-9542 My understanding of the facts are as follows. An attorney [Mr. Michael Lombard] submitted documentation to Mr. Nicetta on December 16, 2004 relative to the deeds and their status of "common ownership". An abutter to the property, Mr. William Hansen, also submitted paperwork to Mr. Nicetta [attached as well] explaining why he felt the property should remain unbuildable under the "abandonment" clause in Section 9.5 of the Zoning Bylaw. On February 4, 2005 Mr. Nicetta issued a letter to Mr. Steven Sarcia [who will subsequently purchase the property] stating that he believes the parcel is a buildable lot based on the information submitted by Mr. Lombard and a submitted site plan. Unfortunately, the letter does not outline why it is Mr. Nicetta considers the lot to be buildable; however, I assume he based his determination on the documentation submitted by Mr. Lombard and the fact that the lots were not held in common ownership. After Mr. Sarcia received the letter from Mr. Nicetta, it is my understanding he purchased the lot with the intent to build upon it. The abutter, Mr. Hansen, is questioning the legitimacy of Mr. Nicetta's decision. Could you kindly inform me whether or not you concur with Mr. Nicetta's decision regarding whether or not this lot is indeed buildable? Thanking you in advance for your cooperation. Sincere r Heidi n Co unity Development Director Cc: Mark Rees, Town Manager Lincoln Daley, Town Planner Mike McGuire, Building Inspector EC E.�W1 DEC 12 26n , APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 1IEA1.;1'1-I 688-9540 PLANNING 689-9535 BOARD OF APPEALS AFFIDAVIT of DONNA M. BARONE 1. I am a Paralegal with the firm of Seyfarth Shaw LLP, 2 Seaport Lane, Boston, Massachusetts 2. I have been a real estate paralegal for 18 years and have been performing municipal searches on various types of property in the Commonwealth of Massachusetts for that amount of time; 3. It is my practice to visit various departments at the Town Hall in which the property is located and examine all public records available for viewing; 4. On June 10, 2005, with regard to this property I visited the Town of Andover Assessing Department to obtain a copy of the property record, which I attach; at no time was the assessor's card made available, which contains information about the "camp". I also went to the building department to view the building jacket, and was told there was no building jacket for this property. 5. It,was later discovered that correspondence had been sent to Attorney Urbelis which contained a copy of the older assessor's card and on June 29, 2005 I returned to the North Andover Assessing Department and requested a copy of the card. I was told that it looked familiar and it was kept in the basement. The room was locked and couldn't be accessed until the next day. On June 30, 2005 the Assessor's office faxed me a copy of the card with the "camp" information. Donna M. Barone, Paralegal ECEOWNO I.� DEC 12 2005 BOARD OF APPEALS B01 15751624.1 2 CD k T n - 2 R = 4 7 ƒJ � \\ �� n �.......... a $d k% 2 00 e 9 � __< o n (fir c w �r > > ¥o # C). : Cl) 2 "o 00 z g O SAN O 0� EES mI gs> �$ . EE $d 00 O W r O n O O O N r- 0 O O O O O O T D n. m r D 0 ZJ m cn cn w W m X D v m O M v cn -1 X m m X CD a CD m' v 0 CD 3 CD C 0 0 0 a (n A ° c�T-Ti 2 -nKmw ncn �mm0 cw=°oS� DDOO CL m �� m CD n �� CL � CD . fCD D � ry' C p � n CD 3 � cn -00 Z -mO X WXEn- Fn >< m D—y (- -� Z.7 M O >MW M;rmmmmw-i .;yy x�Iu ,xywCNO w -n C4 N)oW D > 0�.. 0 W0 N w A mD 00 go mmoo m -5 53 3 mn m r 3C ECD Tv v Zcn 0 m p m cn X 9 Z � o o_0 Om: o�a-0 o� �' 3 '- -n O O Oc) •_n m CL Woo D :3> T Z d - �'o p c D� Dm D D a ;im�•.�w� —I -n Z ° � o DDo c �� W= WD Cncn�� "Z 3W35' a N N D.N3. N N,•• aDm m N 0 7 CD 0 00 X CD TnC) CD CD CD 0)0 d Dm . 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E sq CO CD CO o � � �ac� c�c�,� o m 0..o N N Tm�m'tLY' c cIU It gy L6 %a h v N v O N m 0 in L] LD r 0 O7 co M LO O a_ O fn 0 0 0 0 0 7 0 0 0 0 N O U co iL r Q � 0 W Q 0� 0 �W fn 0 W Z J Q Lu N w C to Z T- 4- 0 Tl - CD rn m a LO O N r w O N f6 O O O O O O O O r O O 0 N N U m CL Jan it 05 03a24p Koundakjian and Co FAX Na 7819626640 P. 02W2 JAN -04-2005 TUE 12:20 PCI FROM THE OFFICE OF: The Prudential Howe & Doherty REALTORS 12 Bar M Strad Andover, MA 01810 STANDARD FORM PURCHASE AND SALE AGREEMENT (Land) E C E 0 U DEC 12 2005 D BOARD OF APPEALS T • d e i oueS euea d61 :60 SO 61 u 2 0 05 1. PARTIES AND MAILING m This Agreement prepared this i7 day of January. / Inhe la of the essence• ADDRESSES Francis Janis Kedishlan and Cheryl Ann Deleon 9133 NoRhwsat 49°' Place, Corel Springs, FL 33067 here mailer called the SELLER aoreee to SELL and Stephen J. sarela 19 Abbaft Run Vatey. Cucumbariend. Rt 021154 tte tette txereirefler sal forth, the BUYER or PURCHASER, sprees b BUY, upon 2. t>E hensinadier called the North Andover, Masssdwsetts. foWng described Premises: Land situated at 93 Bradford Streak _ orth coring of approximately 7.400 square feet of tan4 more or less "rem title�seeNde a Registry of Deeds, Book: 3200 Page 235: 3. BUILDINGS. STRUCTURES, and 149 01oLdompi, Jim -gas heabres IMPROVEMENTS, FIXTURES 150M, GNPW�"" ftd it 4. TITLE 0M gates, dim Said premises are to be conveyed by a good and sufficient Quitclaim deed running to the BUYER or the to the SELLER at least sever) days before the deed is 10 rhominee designated by the BUYER by wntlen notice be delivered as herein provided. and said dead shall convey a good and clear record and market0A title thereto, free from encumbrances, except (a) Provisions of existing building and zoning laws: (b) Existing rights and obligations In party wafts wtkh are not the subject of writlerh agreernwt (c) Such taxes for the then cows year as ere not due end payable on the date of the delivery of such deed: (d) Any Ions for mdNdpat betterments assessed after the date of this agreemerdl, s�irigle�d=amily'��s dencet��of the prei�y ���as�an 5. PLANS It said deed refects to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed M forth adequate for recording or registration. 6. REGISTERED In addition to the foregoing. N the title to said premises is registered, said deed shat be in form sufficient to BUYER to Certificate of Title of said premises, and the SELLER shall deliver with said deed all TrTLE entitle the a instruments. H any, necessary to enable tie BUYER to obtain such Certificate of Title. The agreed purchase price for said premises is $125.000.00 (one hundred twenty-five thousand dollars) of which /on or before 7. PURCHASE PRl S 500.00 have been paid as a deposlt aria day and t 4,500-00 have been paid as a deposit this day on or before the 17ta of January and s 120,000.00 a�����rersorbankcheck. or the attorney in conveyancing account check S 125,000.00 Total BUYERS INITIAL SELLERS INITIAL E C E 0 U DEC 12 2005 D BOARD OF APPEALS T • d e i oueS euea d61 :60 SO 61 u Jan 11 05 03:24p Koundakjian and Co 7818626640 JAN -04--2005 TUE 12:20 Pit FAX N0. 8. TIME FOR Such deed is to be delivered on or before the January 28, 2005 PERFORMANCE at Ifte Essex North Registry of Deeds, unless otherwise agreed upon In writing. IT IS AGREED THAT TIME IS OF THE ESSENCE OF THIS AGREEMENT. p.3 P. 03/05 9. POSSESSION Full Possession of said premises. FREE OF ALL TENANTS AND OCCUPANTS. AND CONDITION OF PREMISES is b be delivered at the time of the delivery of the deed. said promises to be then (a) in the same condition as they now are, reasonable use and weir thereof excepted. and (b) not in violation of said building and zoMng laws. and (c) in compilionca with to provisions of any Instrument referred to in clause 4 hereof. The BUYER shall be entitled to an inspection of said promisee prior to the delivery of the deed in order to determine whether the candltion thereof cwnples with the terms of this dense. 10. FAILURE TO N the SELLER shall be unable to give tide or to make conveyance, or to deliver possession of the promises, ON PERFECT TITLE as herein stipulated. or It at the time of the delivery of the deed the premises do not conform with the provisions hereof. Bt is ages Iwo shell be Vaid and joow proaas ho"ft the SELLER shall -use reasonable eNods b remove any defects In Citta, or to deliver possession as provided herein. or to make the said premises conform to the pnovsions hereof, as the case may he, shag and thereupon the time for performance hereof shall be extended for a period of Wrly days. 11. BUYERS The BUYER shell have the election, at either the original or any extended time for performanc* to accept such ELECTION TO Me as the SELLER can deliver to the said premises in Mseir then condition and to pay Overefor tie purchase ACCEPT TI L.E price without deduction. In case of damage to the premises by fire or other casually. and unless the property shall previously have been restored to Its former oondiil on by the SELLER. the BUYER may at his option, either cancel this agreement, and recovar all suras paid hereunder or require as part of this agreement that the SELLER pay over or assign on delivery of the deed, all sums recovered or recoverable on any and all insurance covering such danhege. 12. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full OF DEED performance and discharge of every agreement and obligalion herein contained or expressed, except such as are, by the lerm hereof. to be performed afterthe delivery of said deed. 13. USE OF To enable the SELLER to make conveyance as herein pmvldod, the SELLER rney, at the time of delivery of the PURCHASE MONEY deed, use the purchase money of arty portion thereof to clear the tZe of any or all enambrances or 'interests, TO CLE8RTITL E provided that all b>stnanents so procured are recorded simultaneously with the delivery of said deed or within woe a reasonable time thereafter in accordance coli h lh customary conveyancing gr t, 14. INSURANCE UMiI the delivery of the deed the SERER shall maintain insurance on said premtses as follows; As presently Insured 15. ADJUSTMENTS Taxes for the then current year, shat be apportioned as of the day of perfortim of this agreement grid the net amount thereof shall be added to or deducted from. as the case may be. the purchase ptloe payable by the BUYER at the lime of delivery of the deed. It the amount of said Was is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the pmcedhV year with a reapporfiorrment as soon as tie new tax rate and vakwtiori can be ascertained. which War provision shall survive the delivery of the Deed. 16. ftao!m FEE A brokers roe fon protassionsi eerhrites 5% is due fwm the SELLER %o The PrudaMW Hoer& i Doherty REALTORS, the Brokers herein, equal 11p one he% The �___Um se reftio" so if as and when the sed is recorded and full consideration received and not otherwise BUYERS INITIAL SELLERS INITIAL Z'd 1262 -BEE -10b eto.ieS euea d61:E0 SO 61 unC ,Ian 11 ub uj:e4p Koundakjian and Co 7818626540 p.4 JAN -04-2005 TUE 12:20 PM FAX N0. F. 114/1.15 17. BROKER The Broker(s) named herein The Prudential Nowra b Doherty REALTORS warrants that he is duly licensed WARRANTY as such by the Commonwealth of Massachusetts 18. ESCR A8 funds deposited or paid by Ie BUYER shad be held in a non-interest bearing escrow account, by Prudential Howe and Doherty, Realtors, as escrow agent, subject to the terms of this Agreement and shah be paid or otherwise duly amunled for as the time for perfomtence. If a dispute arkes between the BUYER and SELLER concerning to whom asaawad kinds should be paid. the escxow Agent may Main all esavaad funds pendng written instructions mutually given by the BUYER and the SELLER. The escrow agent shall abide by any Court decision conrcsming to whom the funds shad be pad 19. BUYERS if the BUYER shad fel to UM the BUYEMs agreements herein, all deposits made hereunder by the BUYER DEFALIM, shat) be retained by the SELLER as liquidated damages DAMAGES This shall be the SELt.Bts sok and erccfosive remedy in law and equity. 2D. BROKER AS The Broker named herein, joins in this agreement and becomes a party hereto, in so tar as any provisions of PaRTY this agreement expressly apply to Finn, and to any amendments or ntodilkollons of such provisions to which he mayagree inwriting. 21. WARRANTIES The BUYER acknowledges that the BUYER has not been influenced to enter Into this transaction nor has he AND reared upon any warranties or repteesentaborts not set forth or Incorporated in this agreement or previously made REPRESENTATIONS in writing, except for the to9owing adddionet warranlles and representations. If any, made by either the SELLER or the Broker, if none, so state: Nons The BUYER shag hold belh SEMER and GFekep herwile-e fam kno-Medge a! pubi's reserd. Ptlhft Fewd alai! s. 22. FINANCING 23. INSPECTION GOP JAWOMM 01% by the Wj"A by on" Ike 6QA&P*) afto A— silo" N t 1618 -as" Men noillied in 24. LEAQ PAINTTI. 91:144M apse. dist it any d Old 6 years of Nis of wWo issides in said prei ftes saw Vts-lirr�he daming of tile =ft. dral so ab"MR Will be reqm;;7;o fis es plisims will a y poewlsim 9 of fits Shile 9taiiotes; 25. SMOKE DETECTOR agaewteM. CERTIFICATE 26. CONSTRUCTION This Instrument, executed in four parts. is to be construed under the taws of Massachusetts, Is to talcs eltect OF AGREEMENT as a seated kninrment, sets fort?► the entire contract between the parties. Is bindMrg upon and enures to the be nefil of the parties hereto and their respective heirs, devisees, executors, administrators, suaoesaors and assigns, and may be 'cancelled.' modified or amended only by a written Instrument executed by the parties hereto or their legal represenb*ms. if two or more persons are named tweirt as SELLER or BUYER their obligations hereunder shad be joint and several. BUYERS WITIAL SELLERS INITIAL E ' d 1262- ip66- T Of, e i oueS euaQ 6161:60 SO 61 unC Jan 11 05 03:24p Koundakjian and Co 7818626640 JAN -04-201M M 12:21 PM FAX No, 27. 1. BUYERS acknowledge that they have read, received and signed documents entitled: ADDITIONAL a. Agency 01sclosure PROVISIONS 2. SoNeet to obtarinlag approrais from Town of North Andover OW tot 4 WdIdsble. See Attached Rider P.5 P. 05/U5 BUYER Stephan J. Sarda DATE SELLER Fres ,fames Kadhhlan DATE BUYER DATE SEU.ER Cheryl Ann Dejeen DATE ni EXTENSIDN The time for the performance of the foregoing agreement is extended until and is exeaAed as a sealed agreement this day of 19 . BUYER DATE SELLER DATE BUYER DATE SELLER DATE EXTENSION REGARDING FINANCING The parties hereby ogres that the buyer shall have urA to notify the SELLER(s) and Broker In writing of the BUYER's inability to obtain a mortgage corrmitrnent as provided in paragraph 22 of the Agreement. Mmusa-i �'d 1262 -SEE -lot, etoueg euea doa:EO SO ET unC uan 11 u5 u:d:25p Koundakjian and Co 7818626640 S•d RIDER TO PURCHASE AND SALE AGREEMENT SELLER: Francis James Kardishian and Cheryl Ann Dejean BUYER: Stephen J. Sarcia PREMISES: 93 Bradford Street, North Andover, MA DATE: January , 2005 28. Access to Premises. Intentionally Deleted. 29. Closing. Notwithstanding the provisions of paragraph 8 above, the place for the delivery of Seller's deed (the "Closing") may be designated by the Buyer by notice to Seller as either (i.) the office of Buyer's mortgage lender or (ii) the office of the mortgage lender's attorney, at any time when the Registry of Deeds is open for business. 30. Conditions to Closing. Buyer's obligations hereunder are subject to the satisfaction, in Buyer's sole judgment, of the following conditions. In the event that any of the following conditions are not satisfied, Buyer may terminate this Agreement by notice to Seller, in which event all deposits, together with interest thereon, shall be refunded to Buyer and all other obligations of all parties hereto shall cease and this Agreement shall be void and without recourse to the parties hereto. (a) Buyer shall have satisfactory engineering studies indicating the premises are suitable, and it is economically feasible, to construct Buyer's intended residence. (b) The zoning of the premises shall permit Buyer's intended construction and use. (c) Buyer shall have received all licenses, approvals and permits necessary or appropriate to remove the existing buildings and construct Buyer's intended residence (without conditions which, in the opinion of the Buyer, 1262-b66-TOb 1 P.6 etojeS eugg J02:60 SO 61 unC jan 11 u5 03:25p Koundakjian and Co 7818626640 P•7 would make construction or operation commercially unfeasible) that are susceptible of being obtained prior to construction, and assurance, adequate in Buyer's sole judgment, that all approvals and permits not susceptible of being obtained prior to construction will be timely granted upon completion. (d) Intentionally Deleted. (e) Water, gas and other utilities, adequate and suitable for the operation of Buyer's intended residence are available without, in the opinion of Buyers, excessive cost. (f) Buyer shall have received a current boundary survey confirming the information on the attached plot plan. (g) Buyer shall be able to meet all environmental regulations and requirements without, in the opinion of Buyer, incurring excessive financial burdens or interfering with the layout, construction or operation of Buyer's intended residence, including development costs, legal fees, and engineering and other environmental studies. 31. Permits. Seller agrees to cooperate fully in Buyer's efforts to construct and operate Buyer's intended residence on the premises and agrees to sign any necessary applications to governmental authorities required to be signed by the owner of the premises if requested to do so by Buyer. Buyer shall pay all fees and expenses in this regard, and Seller shall not bear any out -of pocket costs. 32. Title Provisions. The premises shall not be considered in compliance with the title provisions of this Agreement unless: (a) Intentionally Deleted. (b) No building, structure or improvement belonging to any other person or entity• encroaches on or under the premises; (c) The premises abut, and have lawful vehicular access to, a public way, duly laid out or accepted as such by the municipality in which the premises are located; and (d) The attorney representing Buyer's mortgage lender deems 2 9-d T262 -066-T00 eio,leg euea dO2:60 SO ET unr Jan 11 05 03:25p Koundakjian and Cc 7818626640 I- - d title to be in accordance with REBA Standards insofar as the same are applicable. 33. Warranties. Seller warrants and represents to Buyer, which warranties and representations shall survive the delivery of the deed hereunder, that as of this date and the closing: (a) Seller has received no notice that the premises or the use thereof is in violation of any law, ordinance or regulation of any governmental body; (b) There are no actions, suits, claims, proceedings or investigations pending or threatened which would affect the premises; (c) The premises are not the subject of any outstanding contract, agreement or plan (except this Agreement) pursuant to which any person has or may acquire any interest in the premises; (d) All work, labor or materials which have been furnished to the premises are not now, and will not with the passage of time become, a lien against the premises; (e) There are no betterments assessed against the premises; (f) Seller has no actual -knowledge of specific reason to believe there exists in, on or under the premises urea - formaldehyde or asbestos insulation, chlordane or other toxic or hazardous material or substances, or that any other toxic or hazardous- material or substances were manufactured, generated, stored or used (except for insignificant quantities of such materials used for cleaning) at any time on or adjacent to the premises. 34. Notice. Any permitted or required notice shall be deemed duly given when mailed by certified mail, return receipt requested or when sent by facsimile machine, in the case of the Seller to Michael Lombard, Esq., -4.4 Park Street, Andover, MA 01887 (fax # 978-470-3448) and in the case of the Buyer, to Donald K. Koundakjian, Esq_ 9 Meriam Street, Suite 2 Lexington, MA 02420 (fax # 781-862-6640). 35. Closing Documents. Seller -agrees to take such actions and to execute such instruments as may be reasonably requested by the 3 1262-t,EE-10B P-8 eiojes euea dO2:60 SD ET unr ' Jan 11 05 O3:25p Koundakjian and Cc 7818626640 P.9 g•d Buyer in order fully to effectuate the purposes of this Agreement, including but not limited to executing standard .form title insurance certificates for mechanics' liens, parties in possession, assessments, and restriction violations, foreign transferor withholding exemption certificate, Internal Revenue Service Form 1099-S or equivalent (to be prepared and paid for by Buyer or Buyer's mortgage lender), and an affidavit that Seller has not received notice of violation of any law or regulation concerning the premises. 36. Extension of Closing. Intentionally Deleted. 37. Prior Agreement. This Agreement supersedes any other agreement of any of the parties in connection with this transaction. BUYER: Steprfen J."Sarcia T262-*,6E-TOf, 4 SELLER: Francis James Kardishian Cheryl Ann Dejean eiojeg euga dO2:60 SO ET unr Abutters' Petition to the North Andover Zoning Board of Appeals Re: "93 or 0" Bradford Street Applicant: Stephen J. Sarcia of 1.9 Abbott .Run Valley, Cumberland, RI 02854 We, the undersigned Abutters, hereby respecthilly request that the Board deny the requested Variance. We had submitted documents prior to the November 8, 2005 Zoning Board of Appeals meeting because we felt the town's zoning process had not been followed. We felt vindicated when the Board voted. unanimously to uphold the Building Inspector's confinnation of the "Fown. Counsel's opinion that the lot was unbuildable by unanimously denying the developer's requested Finding. We are obliged to be here again to submit more documents showing that the requested Variances should be denied. The abutters on. Bradford Street are very appreciative of the Board's time and attention to this matter. IZ'tc(os` U-�- . +�� 7�CEQVE D ,3 2005 g()A�U OF APPEALS Abutters' Petition to the North Andover Zoning Board of Appeals Re: "93 or 0" Bradford Street Applicant: Stephen J. Sarcia of 1.9 Abbott Run Valley, Cumberland, R102854 We, the undersigned. Abutters, hereby respectfully request that the .Board deny the requested Variance. We had submitted documents prior to the November 8, 2005 Zoning Board of Appeals meeting because we felt the town's zoning process had not been followed. We felt vindicated when the Board voted unanimously to uphold the Building Inspector's confirmation of the Town. Counsel's opinion that the lot was unbuildable by unanimously denying the developer's requested Finding. We are obliged to be here again to submit more documents showing that the requested Variances should be denied. The abutters on Bradford Street are very appreciative ofth - oard's time and attention to this matter. Fu 71 E I Wee M S. H NSC-&) 014 6 06 4i rotk 1 Pa,- tti 4ndo -,L-v-{ M4.01�,L, N111111 aEc 13 2005 [SOAR® OF APPEALS Abutters' Petition to the North Andover Zoning Board of Appeals Re: "93 or 0" Bradford Street Applicant: Stephen J. Sarcia of 1.9 Abbott Run Valley, Cumberland, R1. 02854 We, the undersigned Abutters, hereby respectfully request that the Board deny the requested Variance. We had submitted documents prior to the November 8, 2005 Zoning Board of Appeals meeting because we felt the town's zoning process had not been followed. We felt vindicated when the Board voted unanimously to uphold the Building Inspector's confirmation. of the "Town Counsel's opinion that the lot was unbuildable by unanimously denying the developer's requested Finding. We are obliged to be here again to submit more documents showing that the requested Variances should be denied. The abutters on Bradford. Street are very appreciative of the Board's time and attention to this matter. " 7- 3t, SEC 113 2005 BOARD QE APPEALS `7 , f-��, Abutters' Petition to the North Andover Zoning Board of Appeals Re: "93 or 0" Bradford Street Applicant: Stephen J. Sarcia of 19 Abbott Run Valley, Cumberland, R1 02854 We, the undersigned Abutters, hereby respectfully request that the Board deny the requested Variance. We had submitted documents prior to the November 8, 2005 Zoning Board of Appeals meeting because we felt theitown's zoning process had not been followed. We felt vindicated when the Board voted unanimously to uphold the Building Inspector's confirmation of the Town Counsel's opinion that the lot was unbuildable by unanimously denying the developer's requested Finding. We are obliged to be here again to submit more documents showing that the requested Variances should be denied. The abutters on Bradford Street are very appreciative of the Board's time and attention to this matter. M/,, tl I A,;14 - *I- 1, 1 J01 DEC 2005 Abutters' Petition to the North Andover Zoning Board of Appeals Re: "93 or 0" Bradford Street Applicant: Stephen J. Sarcia of 19 Abbott Run Valley, Cumberland, RI 02854 We, the undersigned Abutters, hereby respectfully request that the Board deny the requested Variance. We had submitted documents prior to the November 8, 2005 Zoning Board of Appeals meeting because we felt the town's zoning process had not been followed. We felt vindicated when the Board voted unanimously to uphold the Building Inspector's confirmation of the Town Counsel's opinion that the lot was unbuildable by unanimously denying the developer's requested Finding. We are obliged to be here again to submit more documents showing that the requested Variances should be denied. The abutters on Bradford Street are very appreciative of the Board's time and attention to this matter. Sarciaabutters2 �FC00F� DECD.� 2005 BOARD OF APPEALS Documents at 11-8-05 CONTINUED HEARINGS: 2005-029 Ellis Court LLC 1-7 Ellis Court 11 1; 11 PUBLIC HEARINGS: PRO: From Peter S. Brooks, Esq. Seyfarth Shaw LLC 2005-032 Stephen J. Sarcia for premises 93 Bradford CON: From E. William Hansen, 103 Bradford Street CON: From Gerald H. Hall, 55 Bradford Street SP & Variance Plan rev. 11-8-05 New England Homes Custom 7-plex 11-7-05 Sarcia handwritten memo 12-27-04 4p. letter Michael E. Lombard, Esq. 12-16-04 letter Christopher R. Mello 12-20-04 letter D. Robert Nicetta 2-4-05 Cover describing package 11-8-05 Memo: Felix C. Layne 11-8-05 Quitclaim Deed Bk 9332 Pg 117 2-3-05, 2pp Xerox of Assessors' Adams to Brewster 1935 Letter Dana F. Perkins re soil test 9-8-80 Petition of 93 Bradford abutters n.d. Xerox of Assessors' Adams to Brewster 1935 2 Google Satellite photos of lot, l has hand drawn Dwelling footprint m o ,� In 9:3 �moaaa a. 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YrTPea•��-9.•¢,.iBtwWWe�DODWwaaWwwatwemw mm;eD 0 Os 1- n � i� 0 t0C1 aCD�D d�t3 il-U ® xom .�000c�q�e�6�aao. o>Cmc-20 lk wi . � :. -rr , ,� 4 a � � r� #'3 � l� n� ; � � k 7, u' t ;' �� ��„ � �: 'i per' ' k�i F. 4� :�. �'� S" , �• � — .` y .. � 1,� . � :. -rr , ,� 4 a G'� .T aM4 0 zi 0 1 m p _ f Am y r � �e`�y;.� `♦ `Tj+t� '.j��i 1 f�1.` ♦ r .� i �, 7 -,� },� � -' i �' '_ ~ ,� : 3'+. �• � 111: �.I ` � � Ort lkj •d , ,� -• �,��. . t �� .•tit:-, _+ '�i"C .��, I �� � •trr - .�♦\�, '4 5t �♦i y.-. i. y .., °�,�'. °a� �fi. � !tee n, i. `� �� �a �3 `' :r',... :a >. � it's .�" t ♦ ~' �� � %. r � A. �r } 'ti •; i i f D �•. f .• .. � � • ♦ _ rem r s F �.♦ Tc r r + . 3 i Sc \ I .�i• - �'y(' --fir r � Y t7 r . , of \ I1 'kV ,. f. •*.�,e♦ ' �,, y....... ♦.ij �� � .%mom.. fi_ - .'�'a 7W� 1 7 �•� r ai, �gw � # , 3 ��- "M4 �� �'! � � • � ,. wry, I .�i• - �'y(' --fir r � Y t7 r 0 r� CCD C � O 'n �l D o Dc" cn 03 Tons ;17 CD C � 0 D o 0 D cri� NOV-09-2005 WED 11:14 AM 401 Andover Street, North Andover, Massachusetts 01845 Phone: 878-194-79,20! Facsimile: 978.7947941 e-mail: Ribyers(Mandoverattornevs.com 7 ;;CrA do — wlf;t FAX No. 19367947941 To: From: Richard J. Byers, Esq. Fax: �� pages: , Including cover Phone: bate: r• Re: CC: O Urgent O For Review . O Please Comment O Please Reply O Please Recycle Notice of Confidentiality: This transmittal is intended for the addressee lister) above and may contain information that is confidential and privileged. If you are not the addressee, any use, disclosure or communication of the contents of this transmission is prohibited, If this message Is received in error, please telephone us (collect if necessary) immediately at (978) 794-7920. Thank you for your kind cooperation. d Com"' �� �-�vY-� s�r1 05 �•�� ca3 � Nov -09-2005 WED 11:15 AM NNOV 9 - 2005 FAX No. 19181941941 P-002 Additional Data For the North Andover Zoning Board of Appeals November 8, 2005 1. Letter from another neighbor who could not attend (Felix Layne). 2. Timelute on purchase, showing developer had no letter from North Andover town official when he paid $125,000 for the 7400 square foot property. He took financial risk on by himself, 3. Assessor's list of occupants of Bradford Street properties. 4. Satellite photo of lot with dimensions of proposed dwelling. 5. Percolation test with witness testimony. UADOCNOVB:OLDDELL BARD OF APPEALS NOV-09-2005 WED 11 : 15 AM FAX No. 19)8194)941 Page 1 oft Layne, Felix f=rom: Felix C. Layne payne.fefix@att.net) Sent: Sunday, November 06.200510:06 PM To: ewilliamhonsen@holmaii.com Cc: Layne, Felix; TFelix C. Layne' Subject. Statement to be presented at November 8, 2005 Zoning Board of Appeals Town of North Andover Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 November 8, 2005 To North Andover Zoning Board of Appeals, public hewing on Tuesday Novemt>ar 8.200617:30 PM:" The following statement by Felix C.tayne,128 Bradford Street, NoM Andover, MA 01845 is being presented on his behalf and with his permission by concerned citizens of Bradford Sheet and abutters of 93 (or 0) Bradford Street (Map 61, Parcel 2): "It is my understanding that Stephen J. Sarcia is seeking zoning variance for his property at 93 (or 0) Brred*d Stmt (Map 61, Parcel 2). 1 have seen various documentation collected by concerned citttens of Bradford Street and said property abutters. The following is my opinion: 1) Mr. Sarcia purchased said property prior to receiving a tetter from the former building inspector of North Andover in which It was stated that the tot was buildable. Regardless of whether the statement in the letter was accuse. Mr. Sarda purchased the property prior to receiving this statvinnent and thus created a financial risk far himself for which 1 believe he cannot claim and should not claim a financial hardship as his reason for seeking building variance. 2) Building a single family structure on said property is in violation of the town's abandonment clause. Allegedly, there was a habftble structure fhat was destroyed due to fire on said property prior to Mr. Sarcla''s purchase. The structure was not rebuilt within two years of the fire event and said property was subsequently sold to Mr. Sarcta, both events of which do not permit Mr. Sarcia to build a-single family home without violating the abandonment clause. 3) As a result of Mr. Sam's legal transactions mated to said property, the said property is not held in common ownership artd thus Mr. Sarcia is not permitted under taw to build a single family dwell ft an said property. 4) The Intrusion of setbacks as proposed by Mr. Sarcia has the characteristics of a 'duster development" and is thus not compatible with other homes and associated properties on Bradford Street. Based ,upon my opinion as outlined in these four points, n Is my recommendatlorcthat•the: Tom.. conclude. in. its Finding that said property is not a buildable'bt Because I am not able to attend tonight's hearing due to last minute commitments. l have asked the concerned citizens of Bradford Street to present this statement on my behalf at tonight's hearing. Sincerely, Felix C. Layne, CMA 128 Bradford Street North Andover, MA 01845" Presented by concerned citizens of Bradford Street and abutters of 93 (or 0) Bradford Street (Map 61, Parcel 2) on behalf of Felix C. Layne. O N C E. I I S NOV 9 d 200 POARA OF APPEALS NOV-09-2005 WED 11;15 AM FAX No. 19387947941 P-001 1� BK 9332 P6 117 y, QUITC1J11M DEED Wa Frseels Janes Ka ilablan and Cheryl Ann DeJean of the StIte of Florida For conelderatdon paid of One Hundred Twenty -Fire Thousand and 0OM00 ($125j080-00) Dollars ®rent to Stephen J. Sarah Of 19 Abbott Run Valley, Cumberland, M 02MM with QUIM AIM COWNANTS A certain parcel of land, situated in North Andover. County of Essex and they Commonwealth of Massachusetts, and described as follows: Beginning at a stone bound on the westerly side of Bradford Street in said Note' Andover, about opposite the residence of the late Nathaniel Gage; 'n CA V Thence running Southerly one hundred (100) feet to the land formody of the said n Nathahlel Gage; cp Thence turning at an angle of ninety (900) degrees forty-three (431 minutes and running south sixty-five (VV+) degrees W. one hundred forty-eight (149) feet t0 e stone bound; Thence turning at an angle of thirty-three (33°) dogmas and forty-seven (4T) minutes and running north thirty-one (310) degrees E, one hundred seventy-nine and 5110 (178.5) feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being all and the some premises conveyed to us by deed of Harry Kedishian dated Dowrober 17, 1990, recorded with Essex North District deeds in Book 3200, Page 235. {:;,i'c•y',;� ' =;eta U'� Lopt.jn5iW 100V C"1-4 NOV 9 - 2005 BOARD OF APPEALS C* 0 W m W NOV-09-2005 WED 11 : 15 AIS 16 `1 r. FAX No. 19787947941 P-005 GK 9332 PG 118 Witness our hands and sepals this,?"dlp 2005. idnm IV- i6 County, On this day of , 2005, before me, the underslgned notary public. 6meownelly ap red Frande James Kadishian, proved to me through sats ictory ervid0n a of ldemtihcation, whichwas a Drivers Li amse, to be they person whose name is signed on the preceding or attached diocun*nt, and admowledge d to me. that he signed it voluntarily for b stated STATE OF FLORIDA seal of Commission erxplrees STATE OF FLORIDA County; On this —9AaY of 2005, before nee, the undersigned notary public, naliy ap d Cheryl Ann DeJean, proved to me through satisfactory avid os of ldentiff tion, which was a DrIver's Ucense, to be the parson whose name is sig, d on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, w Al gig On &OCCA r6lal signaturetf i9al of notary) My Commission expires �a , w NMI NOV 9 -12 0 015 U BOARD OF APPEALS NOV-09-2005 WED 11:15 AM FAX No. 19]8794)941 P. 006 ,t,d(v,) -MJL L V :.D.:.1S.L1' r. .,• . , agaF3• ova o- aa• oJ111111PI ao d;11oagl.a1s�jM a (v' U � x YYn.Y -till 1� 1 '• i Y i ps1. a scope � oage a o� a oae� w sk r•. in aA E J J� oAJs h a c �a."�c,° •� rA imp ¢ 990 w � � pt g3 ., 91$Lo"SVA 9�ct`'�6 y . o .a Jr.. !e 0! f4 o�('C{� f N• jle 1� m. c �+�' Y++YT"'��Y��iY'�1�3.�a €•sib {�a. itiie as L� ��V� ��wMtt �p��oo��6t� �� � ��f.�?{4�° 6£p5p= FkEgD�F:aagqig3�ip5-etpra'�.,p o1®01�0pQb3►.ebiiSrB$mS+�ob�ooAaeJa r�OrQ'J�Ri YpY.�,�i'�tr.R.4�CmaapJ�fi R aJCL4Pq..A7rJJ� P.M40JC iY�C emu.-6�JwC•°`-G�ROF•�.it: w�.JC �.Z�.�1u `. 7' q Rein �► w $ ym v °j m°°�r+Jro Jai: 2 Ix 2%s"i a:' a'8is FJr(1 p� < > d oa a A2�... '� .. 4 ice ,� a •.�4.,:qi��':. �N�~ _O Icy r A �ae tl` �A�'a A ..+w"-�� �� •o^ ki0. gZ^'•' J'L63 r� . ~e��' � A w n�Ss-�`+�+" cif QZ� _ �..r�«yae4 a$^, 76P�E$44 o4•r°.� ~' d o7pc6 K. ti•i' SURVU. a".?i FF' C C fiJ� �Bh, �"c $+ @ "`�"� Aai Ysyk "y- � 'CPI J3P�p tt � R t f 6,$ �C f p a. Q � yr CtitPCp, p 4au�i� ! �',• m.0 AJC Fsy.J ►%-j a v"'afr o roil �cyf, y �o ..•s�.4 •� e o b�°A 'O soE _a4 s �•� �y • � e 106, 3 tiDO� P ~ 9 yC�ey � • .� XE UA��� 4•t tixof i� �T 7i.�0il106,[ W a0.p4GCW¢.d a, a�cR41x �Vxn o AFiS �saa ti��t•.a�re►r�rv�w;c���mses a gJam+..uuJwJaoaKK�p Ygoi%�iewJ�Fi^w ^..�.a.-'y �ae�oJ�JRJaJaaaw•M��•+-.+4wr•.i, rJ......+[erJJ /I►•'�r/N sCppi1sv0__i��q•A•�-¢���m asp Masi NpfrgJ•ppmIppWy�obimao�oie�mIltm.$°wi°.Y:°.•Asyr �IOOmI! J �aii ~�~P ♦1mWJlOnOaO PJIaW`�V Ai •w• w f+ BOARD OF APPEALS dry , 4 `y r•* sx=u �a-r "�'.':r�-'-.z j . � .u,.! n , � c�r-rA`�. rur m'-... s «�� e- +• , ,_„ I !( I t J lir LL; . Ktr' �'N. .+'� .3'Nk": Lsre .K .� F yy..,.,,y. "'iT;—.._-1.^'F•T'�,WmY^4�.-. ^F"�l^i YF"-�l '1"f' � � � I I � � ��` � —i qz rJ 5 i ,I I �' I n ��'„ �� f! �J4 lYr ! }f?x lly�� )��/i M- w- t-.»- •a- —�- ��-°"`TC"'a'� t t b , 1 r t�t i a u..«..,�> {'.fix' >C ax,;r, q.,. I., ,�i�G��.-} t s.`> n'�c..,.. its'�>+4'•_...�-. :.i�i I 1 1 I � 1 1 4 ' i t , ' F}•}C`Crr�fdyy J 'VJ;{ �- d'R t _ r v t� x'r � , `iV} $ s -s tay.;.�? r a .c: 4 - .s 1 t� r ,� :'.:a•r 't"tr ,.y. ad � T ' � I) +} i {t fs lLlV4R f 1,. `rs' i,� } t j 7 4r yltf !r yG ,irl yr I' _ fr' fi- r-1 _,..,.. �- .. ..._ a:. o n+,• 'a1 t� uti'`s A}X -11ii > r If "..coif } NOV-09-2005 WED 11;11 AM FAX No. 19781941941 P. 008 DANA F.- PERKINS & ASSOC., INC. September 8, 1980 Mn. E. W.itti.am Hamen 103 Baad6ond Stn.eet N.Andoven, Maaaaehuaetta 01845 Re: Many E. KadiA k are Pupen ty 9eaa Mn. Han6ew Th.iA cox4ee pondence iA to con6i m .the aoa.t teatin pen6onmed at the above captioned a.i.te on Wt Sattviday, September 6," 1980. The teats we e. conducted by loaeph J. Sanbaga.Uo, Regia,tehed Smstanian and wane witne6aed by Mk. Thomas Mmphy kepdebenunq .the Norah Andoveh. Board o6 Heat th as weU a4 ,the wn i tear,. The peAco.t'ati.on and deep te6t pith we4e taken .in.the pnopoaed area bole 6ewage diapoaa,t as 6hown on a plan by lobeph J. Sanbagatto, pnepit,tred 6o,% Many KadiAhi.aa. It ahoutd be noted that the teat tog on An. Sa�tbagaf.[.o' 6 ptam a Kowa teat6 a.66ac back as 1916 and aA moat 4ecent ab lune 14, 1980. The pmeotAti.on teat Locau0m, dep►tFie', eta. were dug and pea6onmed .in ,the pnopoaed teaching 6i area in accoadance with T,ctte 5 and pneeaaked ,in acmuknce .to pwcedunea o6 TUe 5. The neeuM o6 .the te6t6 indicated that .the penaotati.on nate on .the ii at test hole wa,6 n.unni.ng wCU oven. 48 mi.nutea pet ,inch. It appumed obvioub to att that ii the pencoeation teat was ateowed to continue it wouU k"u,Pt in a 6inae test o6 much higher than 48 minutes pen inch. A second pe3.cotati.on teat pWdueed a nate gaeatex than 30 minutes pen inch and once again it wa6 obvaoua to att that the 6inat ,teats would be ,in exceee o6 30 minuted pea inch. It .i.e obviou6 as a %eAuP.r 06 the teate noted above ae wed, as eoneeded at the a.ete by Ak. SUbagetto and M►i. Murphy that .the 60it condi ti.ana .in the a4ea pnopoeed bon 6ubaun6aee sewage diApmt on Mn. & Abagetto,4 plain ane a maitabte 60K eub6un6ace 6"g d"poaat in accotdance m tit to ae9 On6 oT�temaaaachUAee to T C E �� d Civil • Environmental • Land Surveys D 135 Maift Strext. Box 500. Reading, Mese, 01687 -- 944-3060 NOV 9 ® Z005 49 Lakeview Avenue. Box 1322, Lowell, Mass. 01862 — 46Z-9611 130ARD OF APPEALS NOV-09-2005 WED 11:17 AM FAX No. 19)8794]941 Mk. E. uldliam Ham en -2- September 8,1980 It ahoufd &Lao be noted .that ground wateA. waa Sound at ,the bottom o6 .the teat hotea appnoxima,tety at an el.evatlon o6 9 Seet below ex i,a,t4ng ground. It appeared very poaaibte that ground water cou,td be cou denabty higher (peidupa within 3 beet more o6 teaa, ' oS ,the 6un6ar-e undeR 6pki.ng .time conditional. It would be. my opinion .that any .i.nteppnetation os ground water jum pxeviou,a .teats bon thio aite caano;t be done. The only time Sort ee.tabtishing ground water 6or thi.a pang cuta4 6. to 4 duh%ng ,the aph ing o6 .the yeaA. Aa a neaul t o6 ,the teats and d.i aeuaa.e ona on the A te, a was agreed that MAL. Barbage to would white to ,the bui tde& as wete as to ,the North Andover. Boimd o6 Health eoneeding that the teat neaafta i►uLieate unauitabte aoU Son. eewage diapoaat.. It would be, my ucommendati.on, .46 at all poaa,i,bLe, that the Town, os North Ando yea. Board o S HeaGth eonaida entvti,ng into ,the minu tea o6 the next meeting that t6 any addi ti.onae teeting .ia planned San ,thio tot (which appeau a remote poea.c.btUt41 that the abuttoAA be given the opportunity to be aware o6 tWA 6act. Very tWty young, DANA F. PERKINS 0 ASSOC., INC. Domed E. P• VEM/il P. 009 NOV-09-2005 WED 11:11 AM FAX No. 191$7941941 P-010 From: The undersigned. All abutters of "0 Bradford Street". T. o: [,Ioard of Selectmen Mark Rees, town Manager Ray Santilli, Assistant 1"own. Manager Tom Urbeliy, Town, Counsel Michael. McGuire, .Building Inspector .l..incollt Daley, Town Planner We are.jointly submitting the attached documents, because we reel that the town's zoning process has not bce n properly followed or en -forced. We believe the lot is not "buildable" as documented in the package of material attached. We request that the lot be designated as "not buildable" in accordance with the town's zoning laws. s C, n,�.e , CA'7-If FA1.vjr Al, 4ejN2e RQ/fifll=o AD J77 12;i- rJ.t-,ee.! NOV _ 2005 i BOARD OF APPEALS pap i JJC Jq/ Ilh-Ait: 6" IjOct lw s fl. /sv patio 6viLd. �C�'ac•Ar•<.�.�r � � • 1� c�. ly S7Gt°� HP Fax K1220xi Last Transaction Date Time Twe Identification Log for NORTH ANDOVER 9786889542 Nov 09 2005 11:47am Duration Pages Result Nov 9 11:42am Fax Sent 816177905369 4:42 9 OK Nov 09 05 10:11a rcrtld A. Bron•n hispedor of Buildings NORTH ANDOVER 9786889542 p. 14 Town of North Andover F!r CtIVEI'e"p Community Development and Semices Divisij�,�,gj C' EPIWq- OFFll;E Office of the Zoning Board of ,kppeals 400 Osgood street 2005 NOV { 5 Pi i i : 49 North Andown 018 45 TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Telephone (97:1) 688-9541 TCi,'.'?jr: Fax (978) 6188-9142 NORTH MASS AG'-'--; Date _ i7 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a 4upieciiPDennnit Comprehensive Permit (40B) Finding for property located at: STREET: fC,d �V- yd stye MAP: (� I PARCEL: TOWN: TO MEETING DATE(S): NAME OF c? 0 s ! �' ,P Ylen V r X707 f C Signed: Petitioner (or petitioner's representative) Peter Brooks, Esq. BOARD OF APPEALS NOV 1 5 2005; .lppe:�lx)� It t;uil.linr9?8 oSR X15.45 con, ration i7;;.4t;\ 9�.i(1 I!callh'+?. >:;S'?x•10 I''lanniu,. 1'y� XS=)itj BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 Gerald A. Brown Inspector of Buildings FAX TRANSMISSION TO: Telephone (978) 688-9541 Fax (978)688-9542 FAX NUMBER: 617- FROM: 17 FROM: Town of North Andover Jw�,lir� �_0 Zoning Board of Appeals �/ 400 Osgood Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: �,_"l "fi ('!7(���' (` ;y) DATE: SUBJECT: W �� I �u 1,, Kyy 1Dl I eV e� W45 rOW v REMARKS: `Z 64 Ak' Lov-er �-0 )— �5� 1 35 /`ts5e�jpy f ►S� )r4 M5 4VIe— dL) 2 8 fi G d Ue,(- pne- `2 a A wa i ve 4 gyne;)im Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 9 THOMAS J. URBELIS e-mail tju@uf-law.com Mr. Curt Bellavance Town of North Andover 400 Osgood Street N. Andover, MA 01845 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Andover Telecopier 617-338-0122 Telephone 9784754552 November 4, 2005 RE: 0 BRADFORD STREET Dear Curt: After a review of documents provided to us by Joyce Bradshaw, this is a follow-up to my letter to Ray Santilli of August 24, 2005. The proposed Finding included with these documents does not contain any information which changes our prior opinion. The issue remains whether the lot was a vacant lot at the time of the enactment of the zoning by-law, which would make Section 7.8 of the by-law applicable. Under Section 7.8, a single-family dwelling could be built on the lot, provided that the required setbacks are met. However, information received from the Assessors' office indicates that the lot once included a "camp" and a "garage," which burned on November 2, 1969. Please let me know if there are other facts which contradict this information because such different facts may alter our opinion. However, if those facts are correct, then Section 9.4 of the By-law, Building after Catastrophe, and Section 9.5, Abandonment, are applicable, which prohibit the re -building of a nonconforming building damaged by fire except as may be permitted by a Special Permit or otherwise by the Board of Appeals. The applicant, in his proposed Finding, states that "There is evidence to the effect that there was never a structure on the land in question." There is nothing in the proposed Finding or in the application materials, however, that states what, if any, evidence he is referring to. To the contrary, both the Assessors' record and a letter from an abutter, Mr. Heine, state that there was, indeed, a residence on the lot which burned in 1969. The applicant argues in the last paragraph of the proposed Finding that even if there is inconclusive evidence concerning the existence of the structures on the lot, then Section 7.8 of the By-law is still applicable because "unlike the by-law cited in the Dial Awav case," the North Andover By-law concerning nonconformity does not "parallel G.L. c. 40A, §6," leading to his conclusion that Section 7.8 does not apply only to vacant lots. However, Section 9.4 of the North Andover By-law is even more explicit than the By-law at issue in -the Dial Away case. NOV 7 - 20Q5 D w: \wp 5I \work\n-ando ve\corrmp\be l lavance.ltr. doc BOARD OF APPEALS URBELIS & FIELDSTEEL, LLP November 4, 2005 Page 2 Chapter 40A, §6, Paragraph 1 provides that a zoning ordinance or by-law "...shall apply to ... any reconstruction, extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two family residential structure does not increase the nonconforming nature of said structure..." The language of c. 40A, §6 is consistent with Section 9.4 of the By-law, which provides: "Any nonconforming building or structure destroyed or damaged by fire, flood, lighting, earthquake or wind to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed or altered except for a purpose permitted in that zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A." The language of Section 9.4, "except for a purpose permitted in that zoning district in which such building is located" may be somewhat ambiguous, as single family residences are a permitted use in the district; however, taken together with Section 9.5, Abandonment, it appears that the holding in the Dial Away case is applicable. Section 9.5 of the North Andover Zoning By-law, Abandonment, provides: "If any lawfully non -conforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning Bylaw in the district which it is located, it shall thereafter continue to conform..." Please let me know if there is anything else that you need. Very truly yours, Thomas J. belis TJU:kmp cc: Board of Selectmen Zoning Board of Appeals Mark Rees Raymond Santilli November 1, 2005 From: The abutters of Plan 61 Lot 2 (also variously 93 or 0 Bradford Street) To: Members of the North Andover Zoning Board of Appeals Documents for the November 8 meeting Page 1 Petition signed by abutters protesting lot being designated "buildable". Page 2 Letter stating views of Mr. and Mrs. Heinze, who cannot attend. Page 3 and 4 description of official documents which follow. Documents are presented by paragraph: 1. Pages 5-11 2. Page 12 3. Pages 13-14 4. Page 15 5. Page 16 6. Pages 17-19 C:Nov1 olddell N111", NOV 1 - 2005 BOARD OF APPEALS G over -1- 19 Pies From: The undersigned. All abutters of "0 Bradford Street". To: Board of Selectmen Mark Rees, Town Manager Ray Santilli, Assistant Town Manager Tom Clrbelis. Town Counsel Michael McGuire. Building inspector Lincoln Daley, Town. Planner We are jointly submitting the attached documents, because. we feel that the town's zoning process has .not been properly followed or enforced_ We believe the lot is not "buildable" as documented in the package of material attached. We request that the lot be designated as "not buildable"" in accordance with the town's zoning lave=s. 1�fU Bq/IPr-0A P J77 t�c1t x. c. 2 f3fwq,� Sts�� !!tl D NOV 1 - 2005 Page 1 BOARD OF APPEALS 140 Bra< N. Andover, Ma 01845 October 28, 2005 To North Andover board of Appeals Re: Public hearing on Tuesday the a of November 2005 at 7:30 PM Since I will be out of town for 2 weeks beginning on this date, having made plans and purchased non-refundable airfare in September, it would be a grew hardship for ane to attennd this hearing. This subject is of particular concern to me. I therefore thank the board for allowing me to express my opinion at this bane. I am highly concerned that the Board ofAppeals would approve all the variances necessary to allow construction of a single fancily dwelling on this Non -Conforming lot- This obThis would not be a good thing for the neighborhood nor for the town ofNorth Andover. I have, lived Dere since 1971. 1 began walking in the area, during my lunch period at AT&T, several years prior to that, before most of the homes on the street were built. In fact, at that time there was still a barn on the property where any house is located today. There was also a farmhouse and other outbuildings on the cunt location of the hoarse at 1.28 .Bradford. St. Also, uncross the sheet, on the property in question, was another abandoned building. This bWldit* was apparently torched at some time before I moved in. This must have been great sport around that time, as a house in construction on the property I. purchased was also torched- I liked the area so much that I purchased the burned out cellar anyway and had my house built on it I am sorry if I have :rambled on too long. I did this to establish the fact that there was indeed a house on the lot in question at one time. It burned and was not rebuilt. This lot has been in question for a long time. It is a very small lot, not in keeping with the neighborhood (l acre requirement) and almost as small as the smallest building rexluirements of tine town. A tib house crowded into that very small lot would be out of character with the neighborhood and would certainly not enhance the value of other homes on the stacet. T feel that the NA Board of appeals crust find that 93(or 0) Bradford St is NOT a buildable lot. Thank you for herring any arguments, R W. H ir /` Gatherers Ia►I. flernze NOV 1 - 2005 Page 2 BOARD OF APPEALS - - November 1, 2005 To: Zoning Board of Appeals, Town of North Andover From: Abutters of Assessor's Plan 61 Lot 2 Subject: Bradford Street Lot Review of Documents and Decision Process We are making the case that the opinion that this Bradford Street location is a "buildable lot" is incorrect based on the documents that are currently available in the files. The Town lost all the file documents in a flood about 10 years ago and, as a result, when this lot was listed for sale in early fall 2004 there was no history available to the Building Commissioner. The documents below are reviewed in chronological order. Mr. Hansen had all the records going back to 1978 which were offered to, but overlooked, by Mr. Nicetta while he was still employed by the Town. We have shown below that Mr. Nicetta rendered his opinion based solely on information provided by the developer's attorney. 1. December 16, 2004 letter from the developer's attorney, purporting to be a history of "all" transactions from 1942 to the present. Two transactions with a real estate speculator were left out. A sale — nullifying the family's "common" ownership — and a buy back by the family when required variances were not granted to the developer (partly because the Board of Health objected to the undeclared "change of ownership") These appear to void the grandfather clause being invoked by the parties involved. 2. February 4, 2005 letter from Mr. Nicetta to developer (Sarcia) stating lot is, in his opinion "buildable". Only information Mr. Nicetta had in his possession when he arrived at this "opinion" were the December 16, 2004 inaccurate letter from the developer. THIS SINGLE LETTER ISSUED BY MR. NICETTA, WHICH WAS NOT RESEARCHED AND CONTAINS NO CONDITIONS, WOULD APPEAR TO SET THE PRECEDENT OF MAKING EVERY NON- CONFORMING LOT IN NORTH ANDOVER WITH DIMENSIONS GREATER THAN 5000 SQUARE FEET "BUILDABLE'. 3. Two copies of records about Plan 61 Lot 2 from the assessor's office; one showing a picture of the house and garage, the second shows data and a floor plan. Both are notated that the structure burned down on 11/2/1969. 4. May 13 letter from Town Counsel Urbelis, who has finally been given the historical documents, showing the actual speculative history of the lot. As indicated before, Mr. Nicetta never had any of this information, because he turned down all the efforts to have it provided to him. Town Counsel Urbelis asks the developer's attorney to "review the enclosed and address as to whether or not (and why) your conclusion that the `subiect locus may be considered a buildable lot' is changed particularly with regard to "abandonment' as well as to loss of grandfathering exemption". Page 3 May 25 letter from developer's attorney which acknowledges the trade to and from a speculator but comments that "I do not believe that the transfer makes a difference". Since when do we allow developers to interpret our zoning regulations? 6. Town Counsel Urbelis letter to Assistant Town Manager Ray Santilli stating "lot is not `grandfathered"'. C:Novl floppyk:correspondance Page 4 DEC -21-209 TUE 12:42 PH Dec 18 04 Q2: 26p char 1 es Bernat jr =CMM 1. Lommam me. AAAm. AM MC=K Vgjg� n .74.. To Wham it innY conma: FAX M 8099717360 I.�R OlPI� O! MICKMAL LQ] A76iD At�OVBit. �A Ol#i4 ON 475-151d taCBlBQi (97st 4 Rc 93 Bftdrord Street, berth A'tdove7, DIA nuumm XRWT. Dtt09AA LM N. LA"m ALMA SOBDQMm am ' This will ceetiljr tht I hart examined the deeds to the abort -mod PAY as well M m the abutdag popes and find that the three pocperties sue not hdd-in common ownership. Asscasai's Peel IDs 21170610-Oppp.O TWe was trmakrfed f mm Aftut Aaronzan to Atex Kede rshsan by virtu are deed dated April 13. 1940. reoaede d with Easpc NftIh D- b ict Deeds in Book 6W* pfage 314. The subject h=u is parsed ti'.nee in the deed. ' m Kederabian Ldp transferred the pmp "V to Kadu char Kudtushian by deed dated November 1, 1340, reoot+ded witty said Re&" in Back _. 9acbadow Kudu rob ian bansfened. the pnaxrty to HASM medwabian by vk-bw of a decd dabod Apra- 7. 1942. me rdod in Book 649, Page: M Ha" Keder3heeat Ccuwftr d tc PgPeM to'.w w* EDaabeth KadisWan by deed &tcd Amput 14. 1973, r000rded in Book 1229. pie: 87. Muv Kadiahion unnotared the property to Richsrd A. parolisi and mumuct J. Pordisi by deed do January 17, 19T1 by dead recorded at Bach 1301, PaW 471. WA 65:st not ll 2" Page 5 IM009WIrel fijrtwi lmgz!M lily P. 03/06 P-1 z •d I26a-bEE-i[li - - et�.�ce �uon oLr -. * �,. -�' ..�„� DEC -21-2W4 TM 12:42 M FAX K Dec 213 04 02:29p' Charles 9ernat Jr 6099717380 ftbwd A. ftrdisi end 6lwPMt J. parolisi bandmnd ft prop uty ID blety Kaafshian by.irtue of a deed dated ihq 1% 1978. recorded with said Re -sty in Hook Mu7 Ebabatb Kadb hien tdandmred the peoputy to harry Kadkhian by deed dated October 6.:962. reooRded is Boot 2716, ftW L2- HaM Kadiehian anted dw p upftiy to the current owners, Pftncis James KA&WMan and MwW- Ara De Jean by deed dated December 17. 1990. reowded with said R in Sook 2716, Attie 12. EU'd 65'lt boot tt 2" Page 6 C -d iZ6Z-iE6-iQi --- IMICulew-Kee pseqgol ta•431N 11&V P. 04/06 R-3 elojeg euea eii:ii i0 Z2 oaa DEC-21-2W4 7M 12:42. PH FAX K P. 04!06 Ilea 16 Of 02:29p- Charles Dernat Jr 6084717390 P.3 !fid A Pete" and N J_ %mbs ft P VUL W Imo► g_ Book ian by virtue 9f a deed dated NhIW12, 1979. zecmded with Sam 16!6 ry ;a MMY rt &a.: " em STY dab d OMbet Vii. ? %1. reeot+ded iR 8M* 2T26 ftp I2. Haag KaciiehIM or red the Peoperty to the cunt Pi owners, ancis Jam=s Kadiehlan and � December 17' D&Imm by deed dated Decemb17' 1990, rocozded with said Reghfty in Hook 2716, Pegs 12 a' � t � t� w� The following four pages show copies of two deeds (first two pages) which were omitted from the list of transactions assembled by the currenf prospective developer's lawyer. 'These involved a prior sale to a developer who intended to -construct a "spec" house on the lot. The third following page .shows the North Andover Board of Health rejected the variance application due to "the change of ownership". The fourth following page is a copy of an affidavit (one of two filed) showing a prospective owners discussion of the proposed -dwelling. ttr'e ES=tt V001 Lt 3" DOCCIti+L6=Xe4 PiOq'f0i faegsrp Ally Page 7 C -d IZSZ-SCE-IOC euaq efrI �II .❑ 2Z daft __Roper Romes Co., Inc_, a corporation organized under the laws of'the Commonwealth of. Massachusetts , having a usual place of business at Andover, Essex County. Masachusetts bung unmarrkd. for consideration paid, gnat to the ANDOVER SAVINGS BANK. a corporation duly enabrahod by the Lam of the Commonwealth of himsachusetts anti h xatrd 5t. McNeer. -in the County s` :` of in said Commonwealth. with 1►iORTGAGE COVENANTS. to w ure the payment of c 3bitty Six Thousand Seven Hundred (536,700_00) 4.". M oris yearnvnth inerts[ payable as provided in a note of erect datr. -Titt Hard ri� the baildinas theme t tna[a! it liotyth A-ndocaz. County of Essex and the ?10MV4000"Ith of Mascachttaetts, and described as follows: ` 4 Eegianing at a stone -bound on the Westerly side of Bradford Street in said - North Andover, about opposite the residence, of the late Hathaniel GaK. theatre ..rawt g southerly one hundred (100). feet to the land formerly of the said . �'-' . `: Hatbsnla'H Cage; there turning at an angle of ninety (90) degrees forty three $: `(43) tatsmtes and running south 65 degrees W., 148 feet to a stone bound; and thence turning Ma of 33 degrees and 47 minutes and running north 31 degrees E, 179 5/10 feet tate poldt first mentioned. \! parcel of -land contains 7400 square feet, more or less. — vg-titeo- sa>te'_preidses conveyed to Roper Homes Co., Inc. by deed of Mary E_ Kadishfan ,Fecorded h6 rwith. F b1! 31e deed of Richard A. and Margaret J. Parolisi recorded with Essex North R�ict RsLisfij of Heeds at Book 1338, Page 139, dated May 12, 1978. - Y , 1 tit, rr V. _ r. zk.. /o"; 4,74 je Page 8 t a t 0 i +F' � _ 6L�SC �Y Y � � 6Y\ «- �.iih►'� �Y=' _ wi _ � Page 8 .Roper Homes Co. Inc. a corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 31 North Main Street Andover, Essex County, Massachusetts, for consideration paid, grants to EIGHT T110USAND ($8,000.00) Mary E. Kadishian of 90 Haverhill Street, Methuen, Essex County, MA with quttrlatw rournuate the land in North Andover, Essex County, Massachusetts and described as .follows: {Description and encumbrances, if any) Beginning at a stone bound on the westerly side of Bradford Street in said North Andover, about opposite the residence ,of the late Nathaniel Gage; thence running southerly one hundred (100) feet to land formerly.of said Nathaniel Gage; then turning at an angle of 90 degrees forty-three (43) minutes and running south 65 degrees West, 148 feet to a stone bound; and thence turning at an angle of 33 degrees East ?9 5/'0 feet to the point first mentioned. Said parcel of land contains 71400 square feet, more or less. Being the same .premises conveyed to me by deed from Mary E. Kadishian, dated September '6, 1978 and recorded at the Essex North Registry Book 1350, Page 195. g of Deeds at rl'J�4TTS 8. 24 - In 4 - In eas suOrruf, the said Roper Homes Co., Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Richard D. Roper its President _ 're44) hereto duly authorized, this 30th day of November in the year one thousand nine hundred and seventy nine Signed ands scaled in presence 94 ?��' j Page 9 ...... ................... :................................ ............................ Regaar meeting September 10, 1979 V"tinf! cabled to order at 6:30 P.M. All members present. +!pted. 1 i ent bills signed. Minutes of Prevs nus meets VARIANCE RMMST.. Hearing vas held for a varlance rues Inc. Abutters vera presbnt and their request on Lot 2 Bradford St: l s� Dana Perkins Corporation. He felt that the Boaard�shotld not acan was a registered engineer "MUlthe proper tests and dita, were submitted, He ecifi this varianc hCeived flim the Mate E4ineers wherein they sP Gaily mentioned the letter ybut'.addttonal test its BY stated the vssiance request was in - 4* should be done first. ' '4.N plans and test data on Esse with the Board d3 IN former Owner of the lot who sold the lot here the ones presented da s gadish "Ution for a variance vas to be heard in 1978. RoThiper Homes only a few, days before hevarian. `• Scanlon felt that because of the change of o-wne ship and cecwaseof the denied by the boa proi.ous Plans and tests, new tests and new plans should be presented befores hi mrd could consider a variance. Ifr.this "• d not be done until the nnPhY stated that the new deep nater test pits t sgrjing of 1980- Hr. Scanlon made a'motion, seconded by KV.* not to grant this variance until new data was submitted. `• Hansen an abutter' requested equested that. tf the representative of the abutters -be notified new testing dates mh® arras ed a e.-ei� present. Mr- g* the Omer so that they could have their Scanlon said he -would see that the new !*'Its were schedm ed, and he stated that,so far as #� go�.d Braes concerned ed mit -would Aerrassable for their engineer to be present � ' `� owner I a engineer. along nth the Board's inspector and Roner, the present ower of the sotVdVed an hour , did not appear at the h after the h ea�►C • When he. " hard. � scheduled he was informed of "the vote of the 71ITM.IAVRENCE SMITA.RY DISMICg MSP€>SAL SITE: Greater bineer tic Teittinen Lawrence Sanitary District z i , presented Hoard State approved plans for a sludge of the Sanitary 1H.strict, Charles St. in landfill sit It in the ground to provote revegetation andsre pled to deposit be an experimental procedure to stabilization in the area. It 46=saion a -motion was made on�rove surrounding land. After a lengthy lite as a land fill site on abY'. thr+on, and seconded by i�. Kan. to declare the 5 latices to be sent to State andraz'�' basis. Made unanimous by ir. Scanlon. Published in local paper. L�IYe PST 503 DALE ST: Flatter was received from lair firm of `F?resenting Michael and Stephen Smolak r Hale and Dor. r ��H,f+ st order to Mrs. Sandra Kulu3vnski who is estininBoh�s� at 5e aDcease and T[ir4 .*i...n i1T�prt. . $�lE�et r � _ 3.r_._ i d stabl 3 ale Sts Page 10 AFFADAVIT Re: Mary E. Kadishian variance application before the North Andover Board of Health I, E. William Hansen, abutter to Lot #2 (of 7,400 square feet approximately) on Bradford Street in North Andover, for which a variance is being sought by Mary Kadishian, hereby depose and say: (1) As background, I would like to point out that at a discussion at the July 10 meeting of the Board of Health, my wife and I overheard the members discussing the one variance then being requested. The members indicated they leaned towards granting it provided that Mrs. Kadishian owned the land and was building a house for her own use. (2) At approximately 7:30 p.m. on August 2, 1978, I was standing in front of Lot #2 engaged in neighborly conversation with my wife and Robert W. Heinze, whose affadavit is also being submitted, when a brown Ford pick-up truck came to a stop near us. The truck had the words "Colonial Carpentry" stencilled on both doors and had a black and silver "Ford" plate on the front. There were four people in the truck as they introduced themselves; one, about 5'10" tall with brown hair and mod plastic -rim glasses was Tom Goldzick (sp ?); his wife and son, Eric; as well as a blond fellow with a mustache, whose name I did_ not catch. He told us he worked as a "framer" for Rick Roper and said how lucky he was to run into neighbors, since Roper was the owner of the lot (Lot #2) and was offering to sell it to him. (3) He wanted to know if there were any water problems on the lot and if there were any other problems in the area. I pointed out to him that the lot needed a variance for a septic system and he indicated surprise and appreciate( (4) I asked him if he'd mind telling me what Rick Roper wanted for the land. He told me the price was to be $12,000. I pointed out that this wasallot of money for 1/6 of an acre but he observed that Roper had told him he would ensure all clearances were met and the lot would be "buildable" and further, that Roper through his connections as a developer, would get him financing. (5) He informed me that he was going to build a rustic cape colonial. He further observed that the house he intended to build had been drawn up on the lot plan and that it would fit on this small lot. Signed this da of August, g ust , 1978 under the pains and penalties of perjury. f i Pace 1 U. Kobod Niws, tirrft OF W01" dPGMVILR OE OF BUHJMCwDWARTMWff 400 Ognod Skma N= lladamr, liSaasad s 01$45 TdWbo (9M 6U95454 PoK (M) 6U -"a F&mwy 04,2005 Ak Steven sardo ` P.O. BOX 1151 fington MA elm pwr: A . 2 purawatto,p,mospi c'1[ E F+c sed t&e ftp l am erfdw OPIUM first dw shm a is s ue lot. YOM tom+, D. iRabea lits BuMft Tag foroe�t € Pal -e 12 BOA= Of A"EMM MOW C tVA M yFALTR \ � PtJ1'+:?F NG s53S .0 i. s%-]0 S s3issv AO 0MV08 N3AOGNV VIIHON -40 NjMOI 3�— Page 13 r f iIJI qqq"s g �} e ty f ' - 7 �. 0 Uiziim s & FIELDSTEEL, LLP 155 FEDERAL STREET BOsToN, MAssACHUSEM 02110-1727 T FIOMAs J. URBF S e -nail tju@uf-Eaw.WM Rachel Anne Moral, Esq. Law Office of Michael E. Lombard. 44 Park Street Andover, MA 0181.8 Telephone 617-338-2200 Telecopier 617-33"122 May 13, 2005 RE: 93 BRADFORD STREET, WORTH ANDOVER Dear Attorney Morin: I am writing in regard to your letter dated December 16, 2004. Andover Telephone 978-475-4552 It appears from your letter that you omitted the Roper Homes Deed dated November 30, 1979 conveying land to Mary E. Kadishian for $8,000 and the Roper Homes Mortgage enclosed. herewith: Also enclosed are Hoard of Health Minutes from September 10, 1979 and an Affidavit of E. William Hansen dated August 4, 1978 and a timeline provided by Mr. Hansen. Could you please review the enclosed and address as to whether or not (and why) your conclusion' that the "subject locus may be considered a buildable lot" is changed particularly with regard to "abandonment" as well as to loss of grandfathering exemption. I look forward to hearing from you. TJU:kmp cc: E. William Hansen (w/enc) Heidi Griffin (w/enc) D. Robert Nicetta (w/enc) S6-02 - hr d. Very truly yours, t Thomas J Urbelis North Andover Town. Counsel LAW OFFICE OF MICHAEL E. LOMBARD 44 PARK STREET Al@DOWIZ, MA 01820 (978) 475-1528 FACSIl MA (978) 470-3448 MICHASL R. LOMI$ARD, ESQ. RACHEL ANN MORIN, ESQ. I May 25, 2005 '?'Nomas J. Urbelis Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 - 1727 Re: Bradford Street Lot Dear Attomey UTbelis: PARALEGALS MARY T. DUGGAN LYNN M. LAVffA ALANA BOWDRIDGE GrrA BRA2MUS This will :advise you that I researched the records at the Registry of Deeds m order to determine whether the abutting lots were .held in common ownership with the Kadishian lot. Although the subject lot was deeded out to Roper. Homes and back again, I do not believe that the transfer makes a difference since the abutting lots were not held in common ownership. Again, l researched only the Registry of Deeds records and not Board of Health records. My research at the Assessor's Office was solely to determine who the abutters were, so that I could perform the research at the Registry- My conclusion was based on the Registry records only. Sincerely - Ra Morin, Esq - Page 16 URBEUS & FiEmsTEEL, LLP 155 FEDERAL STREET BosToN, MASSACHUSETTS 02110-1.727 Ti; mAs L URmus e -Mail tigAuf4aw-COM Raymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 RE: 0 BRADFORD STREET Dear Ray: Telephone 617-338-2200 Teleccpier 617-33"122 August 24, 2005 AUG 2 5 2)05 As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above -referenced lot, which is in an R-2 zoning district and contains 7,400 square feet, is a buildable lot. - The current minimum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the information and materials submitted by Ms. Griffin to us at that time, that- Section 7.8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable lot. As we stated in our lei of April 26, 2005, Section 7.8 applies to vacant lots which have been held in separate ownership and provides dW the residential lot areas and frontage in Table 2 of the Bylaw do not apply to any lot that was duly recorded by deed prior to January 9, 1957, provided that it has a minimum street frontage of 50 feet and a minimum lot area. of 5,000 square feet. Subsequent to that time, we have received additional information, specifically, a copy of an Assessors' record card which contained reference to structures on the lot referred to as a "camp" and a "garage", with the notation that they had burned on November 2, 1969. We have been unable to ascertain from the information provided to us when these structures were built, but this opinion is basad upon the assumption that the buildings were on the lot prior to 1942, when the first zoning bylaw was enacted. If that assumption is incorrect, please let us know. With that assumption, the fad that time were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable. While. the fourth paragraph of G.L. Chapter 40A, Section 6, and Section 7.8 of the Bylaw apply to vacant non -conforming lots, the reconstruction of a dwelling on a nonconforming lot is Page ] 7 J t.-oam wdd= URBELIS & FIELDSTEEL, LLP August 24, 2005 Page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A, Section 6 provides in relevant part, that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by section five, but shall appl to o any reconstruction, extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw, which provides: 9.4 Building after Catastrophe Any nonconforming building or structure destroyed or damaged by fire, flood, lightning, earthquake or wind to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the desirability of eliminating nonconformities recognized in Chapter 40A and applicable cases, which acknowledge "`...the eventual elimination of nonconforming uses as an objective underlying zoning regulations."' Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn, 41 Mass. App. Ct. 165, 170 (1996). See also Dowling v. Board of Health of Chilmark 28 Mass. App. Ct. 547, 551 (1990) and Strazzulla v. Building Inspector of W (1970). ellesley, 357 Mass. 694, 697 Both G.L. Chapter, 40A, Section 6 and Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and are applicable to the present situation. G.L. Chapter 40A, Section 6, Paragraph 4 provides: Page 19 URBEUS & FiELDSTEEL, LLP August 24, 2005 Page 3 "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the North Andover Zoning By-law addresses the issue of abandonment as follows: 9.5 Abandonment If any lawfully non -conforming building or use of a building or land be at any time discontinued for a period of two years or more,...it shall thereafter continue to conform.... In the present situation, the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9.4 and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the holding of the Massachusetts Appeals Court in the case of Dial Away Co., Inc. vs. Zoning Board of Appeals of Auburncited above, which considered the question whether an undersized lot remained a buildable lot twenty-three years after the demolition of a nonconforming dwelling. The Appeals Court held_ that under the local by-law, the buildings were "abandoned" at the time of their demolition and that, therefore, they lost their "grandfathered" status two years later. In so holding, the Court held that "...it would be anomalous indeed to construe [the Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintiff's undersized lot because of the happenstance that in 1944 a house was built that conformed to the then existing by-law." Dial Away Co., Inc., supra, at 170. Nothing in the recently decided case of Bransford v. Zoning Board of Appeals of Edgartown (August 12, 2005) would appear to alter this conclusion. Therefore, our further analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a "grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. TJU/kmp cc: Mark Rees Michael McGuire Page 19 Very truly yours, V C Thomas JUJrbelis MEMO TO: E. William Hansen SUBJECT: Xeroxes of Finding & Variance appeal for 93 (or 0) Bradford Street DATE: October 27, 2005 The charge for the following Xerox copies of 2005-032, at 20¢/page is $3.00 Finding Variance Page 1 Only difference; word `variance' and time stamp of 2:42PM Page 2 Page 2 Page 3 Page 3 e "Letter M. McGuire 9-12-05 Identical, not copies 5"'-- Letter Atty. Urbelis " 6 — Letter S. Sarcia " 7 — Section 9, Written Documentation P7— North Andover abutter's list " 7§T-- Boxford abutter's list, not copied] [identical] 10 — [Building plans, not copied] [identical] 11 — [Plan of Land, not copied] identical 12 — Page 4 Page 4 1P Letter Seyfarth Shaw 10-11-05 Identical, not copied 12 xeroxes x 20¢ _ $2.40 3 xeroxes x 20¢ = 60¢ SEYEARTH ATTORNEY S LLP Writer's direct phone 617-946-4973 Writer's e-mail dbarone@seyfarth.com October 27, 2005 VIA FEDERAL EXPRESS Ms. Michel Glennon Town of North Andover Office of the Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 World Trade Center East Two Seaport Lane Suite 300 Boston, MA 02210-2028 617-946-4800 fax 617-946-4801 www.seyfarth.com w ca m Re: 93 Bradford. Street, also known as 0 Bradford Street Application for Finding and Application for Variance Dear Michel: I am enclosing 22 copies of the following documentation, with reference to the above captioned matter: i L Letter of authorization;Y� v10,0i, v� ✓I �q�q 2. Deed for property; �� { p ►��F�a e, 1 ' �.S 3. North Andover Abutters List; —a I veq d 10 f ed� A o e 4. Boxford Abutters List; a (v ea t o 17 to o, S e, 5. Narratives for each application. add,-) 1 a SGC � � ,� � 0 - a c9 --,or I will be hand delivering the Mylar's with paper copies early on Tuesday, if I can get the. cooperation I need. As always thank you for your time and assistance and please do not hesitate to call me with any questions. Cordially, SEYFARTH SHAW LLP xS Donna M. Barone Paralegal dmb enclosures D �c� 1` 1hver Town Clerk (w/enclosures) OCT 2 8 2005 BOARS VI''0f C' H&'1-000002 v 0 z 0 Z 5 0 V InV Z Q Z a 0 Z Q Q Y 0 3� Z T (D Z Q u) 0 Z 0 0 0 0 Q V V Z Q Q 93 (or 0) Bradford Street The lot of land in question, know as and numbered 93, but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13, 1940. At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2, in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors' record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2, 1969. There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7.8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7.8, and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2, 1969, Section 7.8 of the Bylaw is still applicable. Unlike the bylaw in Dial Away Co. Inc. v. Zoning Board of A peals of Auburn, 41 Mass.App.Ct. 165 (1996), the provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c. 4OA, §6, and thus one can not conclude, as did the court in Dial Away, that Section 7.8 applies only to vacant lots. BOl 15741427.1 / 87813-000002 w w w w OD OD GO W W OD 00 OD rl rl r'1 r'1 ri r'1 O O O O O O 1000099 N H O 2 N tel toO. SEA 0xxp xp q C4 g22 !� 0 D04 p0� pq p04 CO � � PG rel W W PO rl {q N O O OD V� N ri r'1 ri rl rl r'1 V4 U R 04 x � P4 p om ta P4 r-9 to Ell Ell, W h w z h z amMIm in �o n m m o rl r'1 rl rl r'1 N �O rl r'1 rl r1 ri rd J� O O O O O O LI 0 U N u 0 0 0 0 0 o a H rn ro a Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Date 10/5/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Jern��s /, Iva Certified Date Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states In part'Parties in Interest as used In this chapter shall mean the petitioner, abutters, owners of land directly opposheon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 61 2 James Francis Kadishian 93 Bradford Street North Andover, MA 01845 do Stephen Sarcia Abutters Proaerties MaD Parcel Name Address 61 1 William Hansen 103 Bradford Street North Andover, MA 01845 61 3 Timothy Gaudette 145 Bradford Street North Andover, MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover, MA 01845 61 51 Steven Daly 162 Bradford Street North Andover, MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover, MA 01845 61 53 Joan Gitlin 116 Bradford Street North Andover, MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover, MA 01845 61 60 Felix Layne 128 Bradford Street North Andover, MA 01845 61 65 William Hansen 103 Bradford Street North Andover, MA 01845 61 103 Town of North Andover 120 Main Street North Andover, MA 01845 Date 10/5/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of Jern��s /, Iva Certified Date Stephen Sarcia 215 Ellis Road Attleboro, MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA 93 Bradford Street, North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys, Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston, MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance, including but not limited to the applications. 4800. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- B01 15740998.1 / 87813-000002 Very truly yours , . FedEx I Ship Manager I Label 7917 6774 8544 From: Origin ID: (617)946-4846 Kara Mingo F® SEYFARTH SHAW LLP 2 SEAPORT LANE, SUITE 300 BOSTON, MA 02210 c�swaaosawe SHIPTO: (555)555-5555 BILL SENDER Michel Glennon Zoning Board of App Town Of North Andover 400 Osgood Street North Andover, MA 01845 Page 1 of 1 Ship Date: 270CT05 AdWgt:1 LB System#: 32038041INET2300 E Account#: S ********R II IIIBIYIII�'GIINBIVIIII�IIIAAII� Delivery Address Bar Code PRIORITY OVERNIGHT FRI Deliver By: TRK# 7 917 6774 8544 r0201 280CT05 BOS A2 01845 MpuS 01 MXGP 1111 i 11111111111 11111 1 111 11 Shipping Label: Your shipment is complete 1. Use the 'Print' feature from your browser to send this page to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com. FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide. �lU D OCT 2 g 2005 BOARD OF APPEALS https://www.fedex.com/cgi-bin/ship_it/unity/5AgZu5DaQv5DdRrODgTr3BiYsOHgRr 1 B... 10/27/2005 SEYEAR,TH ATTORNEY S LLP Writer's direct phone 617-946-4991 Writer's e-mail pbrooks@seyfarth.com October 11, 2005 VIA HAND DELIVERY Ms. Joyce Bradshaw, Town Clerk North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: 93 Bradford Street also known as 0 Bradford Street Dear Ms. Bradshaw: World Trade Center East Two Seaport Lane Suite 300 Boston, MA 02210-2028 617-946-4800 fax 617-946-4801 www.seyfartk.com N w V) N m I am enclosing an original Application for Variance with reference to the above captioned property along with the following: 1. Check for filing fee; 2. Check for registered mailings; 3. Postage stamps for names on abutter's list; 4. 4 Copies of abutter's names on mailing labels; 5. 10 copies of application with denial attached; 6. Abutter's list; and 7. Original Plan and 10 Copies along with 10 copies of plot Ian. Please do not hesitate to call me with any questions or concerns and send all correspondence regarding newspaper notices and dates and times of any and all hearing to my attention (Cordially, EYF H SHAW LLP n Uk*b Peter S. Brooks cc: North Andover Board of Appeals North Andover Building Inspector dmb Enclosures B01 15741504.1 / 87813-000002 IN 0 U V) U z a z Q 0 z a Q Y 0 } 3 w z 0 z a 0 z 0 0 0 cD a V U z 0 0 m Oct 03 05 10:16a NORTH ANDOVER 9786889542 p.2 NORr„ of a•`•` '�,�0 RECEIVED ^o ff E * 'TO 114 CLER'K'S F. RCF. N + TOWN OF NORTH ANDOVER VARIAtN6;q . PM 2:*42 ZONING BOARD OF APPEALS TOWN OF �. i Stephen J. Sarca . eRfl� NAME: �+�•, �� � w ADDRESS OF APPEAL: 93 (or 0) Bradford Stfeet s Town CrerkTime Stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty 30 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN UST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox coples of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-033 Office of Community Dev. & Services 27 Charles Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices O 47836CI uilding Department 75-6 g!!3 oning Board of Appeals Office OCT 11 2005 BOARD OF APPr--ALS STEP 6: SCHEDUUNG OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. PAGE 1 of 4 North Andover Town Hall 120 Main Street (Temporary Town Hall — 400 Osgood Street) 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office Oct 03 05 10:16a NORTH ANDOVER 9786889542 p.3 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Stephen J Sarcia 215 Ellis Road North Attleboro, Massachusetts 02760 617-594-8283 Years Owned Land: since January 28, 2005 3. Location of Property: a. Street: 93 (or 0) Bradford Street Zoning District: R-2 b. Assessors: Map number: 61 Lot Number: 2 c. Registry of Deeds: Book Number:911,19 Page Number: 117 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1, 7.1.2, 7.2, 7.3 and Table 2 'Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Lot area, Lot width, Street frontage, Front, Side and Rear Yard Setbacks The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Hoard Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A-36160 N/A N/A % -50 0 -5 -18 B. % Oct 03 05 10:16a NORTH ANDOVER 9786889542 p,4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43.56 N/A N/A 150 Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7,400 N/A N/A 100 N/A NIA N/A N/A N/A 6 C. Proposed Lot(s): Ground Floor Number of Height Total Use of Lot Area Open Space Percent Lot Frontage Parking of Units"" Minimum Lot Setback 2,240 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7, 20 N/A N/A 100 2 25 12 13 +30 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 43.56 N/A N/A 150 2 30 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units"* N/A "Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units"" 1120 2 21' 7" 2,240 One family dwelling 1 *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with t ' pplication. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the 4pptcant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure tokcotiply witt&pplication requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal b th Zoning and of this application as incomplete. Type above name(s) here: Peter S. Brooks TOWN OF NORTH ANDOVER. Office of the Building Department Community Development stand Services . 400 Osgood Stred North Andover, Massachosctb 0184.5 Mclkhel McGiire. Inieriln ]tumpg cam mawaffer Sepwibcr 12, 2005 Greg CarlwA 11 Carric Ave. Mddmax MA 01844 RE: 0 B:radfdmd Street Dear Mr. Carlson, T.clephonc (9711) 09-9545 FAX (973) 694-9542 Please be advised that aft further review by the Town of NdxW Andover mal oouncsl it has been determined that the above rakrenced lot is not a buildable tat. Attached wins this letter is a copy of the letter brat this depart"mt bas meoeived from the town attorney in sprd9 to your pawl of hold. in cog it will be mgaired that a vans= for lot area will be needed ficom the Zoning Board of Appeals in order to constmaa ars this site. Should you !lave aoy tiintber gaestious d may be reached at 978-688-9345 betws= the boars of 8:30 to 10:00 AM and 1:00 to 700 PM Monday t8b Friday. Micbeel McGuire bnterim Budding commissiow UR23EU(S & FIELDSTEEL,1 LP 1.55 FEDERAL STREET BOSTON, MASSAC11USETTS 02110-1727 TMOMAS J. URBELrS e-mail'u& - aw.com F,aymond T. Santilli Assistant Town Manager 120 Main Street Nortb Andover, MIA 01845. RE; 0 BRADFORD S'q'REET Dear Ray: Tdepbone 617-338-2200 'I'el=opiec 617-338-0122 August 24, 2005 Andover Telephone 973475-4552 RECEIVED AUG 2 5 2005 BUILDINS DEPT. As you know, we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above -referenced lot, which is in an R-2 zoning district and contaiuns 7,400 square feet, is a buildable lot. The current minimum lot sine in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the i_tionnatior, end matmials submitted by Ms. Griffin 0 us at that time, that Section '7.8 of the North Andover Zoning By-law was applicable to this situation, and that the lot was a buildable lot. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held in separate ownership and provides thathe ed d b deed prior to ential lot areas and January 9, 1957, ntage in Table 2 of the Bylaw do not apply to any lot that was duly y provided that it'has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received additiotual information, specifically, a copy of an Assessors' record card which contained rcference to structures on the lot referred to as a "camp" and a "garage with the notation that tbey had burred on November 2, 1969. We have been unable to ascertain from the information provided to us when these structures were built, but this opinion is based upon the assumption that the buildings were on, the lot prior to 1942, when the first zoning bylaw. was enacted. if that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable... . While the fourth paragraph of G.L. Chapter 40A, Section 6, and Section 7.8 of the Bylaw apply to vacant non -conforming lots,. the reconstruction of a dwelling 'on a nonconforming lot is - o eq.a *c URBELIS & FIBLDSTEEL, LLP August 24, 2005 Page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A, Section 6 provides in relevant part, that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a buildimg or special permit issued before the fi publication of notice of the public hearing on such ordinance or by-law required by section five, but shall a 1 tv an reconstruction, extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover Zoning Bylaw, which provides: 9.4 Building after Catastrophe Any nonconforrrung building. or structure des"yed or damaged by fire, flood, lightning, earthquake or wind to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as inay be permitted by a Special- Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the desirability of eliminating nonconfor nWes recognized in Chapter 40A and applicable cases, which acknowledge ...the eventual elimination of noneonfonning uses as an objective underlying zoning regulations."' Dial Awa Co. c. V. 7orrin Board of A al of Auburn 4I Mass. App. Ct. 165, 170 (1996). See also Dowling v Board of Health of Chilma 28 Mass. App. Ct. 547, 551 (1990) and Strazzulla v. Building Inspector of Wellesley, 357 Mass. 694, 697 (1970). Both G.L. Chapter, 40A, Section 6 and Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and are applicable to the present situation. G.L. Chapter 40A, Section 6, Paragraph 4 provides: U_R iEus & RELDsTEEL, LLP August 24, 2005 Pagc 3 "A. zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the North. Andover Zoning By-law addresses the issue of abandomonent as follows: 9.5 Abandonment If any lawfully non -conforming building or use of a building or land be at any tilne discontinued for a period of two years or more,.At shall thercafter continue to conform..... fru the present situation, the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9A and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the holding of. the Massachusetts .Appeals Court m the case of Dial Awa Co. Inc. vs. Zoning Board of Awcals of Auburn cited above, which cousidcred the question whether an undersized lot remained a buildable lot twenty-three years after the demolition of a nonconforming dwelling. The Appeals Court held that under the local by-law, the buildings were "abandoned". at the time of their demnlitiom and that, therefore, they. lost their "grandfathered" status two years later• lm so holding, the Court held that "...it would be anomalous indeed to construe (thc Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plajutifFs undersized lot because of the happenstance that in 1944 a house was built that confomned to the then existing by-law." Dial Awa Co. Inc. sura, at 170. Nothing, in the recently decided case of Bransford v. Zoning Board of &meals of EdItartown (August 12, 2005) would appear to alter this conclusion. Therefore, out further analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a "grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not issue without action by the Board of Appeals. very truly yours, IL-vjmz: Thomas J rbelis TJUlkmp cc: Mark Rees Michael McGuire Stephen Sarcia 215 Ellis Road Attleboro, MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street, North Andover Dear Sir/Madam: I am the record owner of the above referenced property I hereby authorize my attorneys, Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston, MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance, including but not limited to the applications. 4800. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- BO 15740998.1 / 87813-000002 Very truly yours 93 (or 0) Bradford Street (Variance) The proposed use is as a single family dwelling, a use allowed as -of -right in the zoning district. The variance request is solely related to the dimensions of the lot and the setbacks of the proposed single family dwelling. The variances include one for lot area, lot width, street frontage, and front and side yard setbacks. The particular circumstances of my lot relating to shape is that it is triangular in shape and thus, inter alia, a single family dwelling cannot be located on the lot without intruding into both the front yard setback and each of the side yard setbacks. I purchased the lot in 2005 in reliance upon a letter from the former building inspector that stated the lot was buildable. Because of that letter I paid the fair market value of a buildable lot. If I cannot build on the lot, I will suffer a financial hardship because I will not be able to recover my investment. The relief sought is desirable and without substantial detriment to the public good because the proposed single family dwelling is of a modest size and compatible with other homes in the neighborhood and has no negative impact on any immediate neighbor. The relief sought my be granted without nullifying or substantially derogating from the intent or purpose of the Bylaw because the proposed single family dwelling could be constructed on the lot as -of -right but for the claim that a "camp" was on the lot more than 35 years ago. 10 CIT 2 E 2 0 05 0 BOARD OF A7S2337.1 / 87813-000002 i p p t t P P p r L gi =a aL = i �� f aeLLL LLLffiY ='L�$ L }L # X11 1 �%Qlift, all a_ sss�s rtes � �� � . � saduli � � M�q t Ji a a �t a ! a is IN 1% 10 r (A 3M '� Q, Carlson Famil_ Home —•"—' 93 Bradford Street North Andover, MA % i gg 9 ,��.. r. p p t t P P p r L gi =a aL = i �� f aeLLL LLLffiY ='L�$ L }L # X11 1 �%Qlift, all a_ sss�s rtes � �� � . � saduli � � M�q t Ji a a �t a ! a is IN 1% 10 r g n N Carlson Famil_ Home —•"—' 93 Bradford Street North Andover, MA % AESTHETIC IMAGES Architects / Planners gg 9 7 Sao"8tiree! n (e» ns-uss , 14OW&MOW 02132 rm(„7)su-m p ON a ;� sra 15 s: ec ctztit r r:tIf If M IL $a$� jL Ir a pts rsi,r � r _ .•$ s: !If all t a >� % all a It It if oilR r ;_ tibil ; _� • a 'r>r c ra g RII r $ � �oI I: a� 8 is L 8 ! 8 rR P. I � � >z � a1.1r,111 3 CAnWA IR !t y� 3 Carlson Famil Hame _rrrr..,r� emrnrri�rr�rr� 411, 93 Bradford Street F ��a � p�@II'Q I ,mwm stns: , (417) W-40 North Andover, MA Tt r �• .�. _ .. a I I �I s 0 • 'h I + 1 F---- i--- _ _ _ _ _ _ _ _ !! N CD O n O I L---- 1 +- 0 a LA0 CplilAglR A IAL OI we a� 1+ 1 IL-- s II II it + -� �� --•-•�}- - -�- '- �{•+,++„ f - _.diLL.--.,.� TR, _ b� c ! ! I I b� I _ —7 —7 -7- .�31 .� 0 2dq. _ .._ r.� ... _ 2,1 p ON a ;� sra 15 s: ec ctztit r r:tIf If M IL $a$� jL Ir a pts rsi,r � r _ .•$ s: !If all t a >� % all a It It if oilR r ;_ tibil ; _� • a 'r>r c ra g RII r $ � �oI I: a� 8 is L 8 ! 8 rR P. I � � >z � a1.1r,111 3 y� 3 Carlson Famil Hame _rrrr..,r� emrnrri�rr�rr� AESTHETIC IMAGES 93 Bradford Street F ��a � p�@II'Q ,mwm stns: , (417) W-40 North Andover, MA eta®, musidulft 02M (an k fa .......... '" ..`."."" Illililllllllll� • ••'Iii' ;���! • �:: I � Illillllilii INillllilllllll �, :�� �Iw �. "If"�I'�I"�I �� .: � �.� �! � �' IIIIIIUIIIII illllllllillllllyl �y. f I 1 ! ffifl fllfi■ ,■ � .iia• ! � i• ff• f !■; '�' 40 jo 104 ••••• ��' i:i - • �, ►.�,:::: oRio f I lmw (IIf Cpl . �1��illlhl Illllllllllil 11111111111111111 ` ; iw �►�r 11 6�147,O 1rul ���►�' j I ►► -: Carlson Family Home 93 Bradford Street North Andover, MA `�► AESTHETIC IMAGES Architects / Planners 7 awl= seat ftm (817) Hatm NMI[ um 7w (617) mail '= _ ' I�li�!!!!ilui gal -um U jam! -161111111111111[l: son 'Illlillillll '�i::� I�,�:",j N N Ln A. ro a ro o 0 0 0 0 0 a r r r r r r n m r n 0 0 0 0 0 0 0 0 rr r r r r r r u w r r r r r 0 ko 00 .t ON to O x 0 C H �7�{� p] O cr H W N :01 N 4 m 0 M N Hw x oz k H H M h7 H 4 t■1 H r tq M �o d H G1 0 t M01K hl H (1 x x N N N tz { ell# BK 9332 PG 117 QUITCLAIM DEED We Francis James Kadi hlan and Cheryl Ann DeJean of the State s ry of Florida For consideration paid of One Hundred Twenty -Five Thousand and =100 ($125,000.00) Dollars OCT 2 8 2005- �s7D, Glo BOARD OF APPEALS Grant to Stephen J. Sarcia Of 19 Abbott Run Valley, Cumberland, RI 02854 m CA With QuxrCLAIM COVENANTS N A certain parcel of land, situated in North Andover, County of Essex and the vN rnm Commonwealth of Massachusetts, and described as follows: �o Beginning at a stone bound on the westerly side of Bradford Street in said Nor mT' D Andover, about opposite the residence of the late Nathaniel Gage; o N N o Thence running Southerly one hundred (100) feet to the land formerly of the said Nathaniel Gage; Thence turning at an angle of ninety (900) degrees forty-three (43") minutes and o running south sixty-five (650) degrees W. one hundred forty-eight (148) feet to a W stone bound; —� co �i Thence turning at an angle of thirty-three (33°) degrees and forty-seven (47") minutes and running north thirty-one (31*) degrees E, one hundred seventy-nine and 5/10 (179.5) feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being all and the same premises conveyed to us by deed of Harry Kadishian dated December 17, 1990, recorded with Essex North District deeds in Book 3200, Page 235. d-- - nn c 0 W Eori#*-t S'� Z OCT 2 8 2005- �s7D, Glo BOARD OF APPEALS `l. .Awr BK 9332 PG 118 Witness our hands and seals this,029ay of ClAd 11A A P A , 2005. V a /#1ess County: Kadishian 9 am - n DeJean STATE OF FLORIDA On this day of , 2005, before me, the undersigned notary public?nally ap ared Francis James Kadishian, proved to me through satieviden of identification, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpoAp. 11 signatureAny seal of notary) Commission expires STATE OF FLORIDA County: Mvc i 000Ne o ��s:ser�o,2o0� On this ay of , 2005, before me, the undersigned notary public, p sonally app d Cheryl Ann DeJean, proved to me through satisfactory avid ce of identificItion, which was a Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. r. rdial signature(n seal of notary) My Commission expires q : 1�Y ON teo�o Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Proae MAP PARCEL Name Address 61 2 James Francis Kadishian 93 Bradford Street North Andover, MA 01845 c/o Stephen Sarcia' Abufters Properties Map Parcel Name Address 61 1 William Hansen 103 Bradford Street North Andover, MA 01845 61 3 Timothy Gaudette 145 Bradford Street North Andover, MA 01845 61 4 Robert Heinze 140 Bradford Street North Andover, MA 01845 61 51 Steven Daly 162 Bradford Street North Andover, MA 01845 61 52 Jay Sousa 150 Bradford Street North Andover, MA 01845 61 53 Joan Gitlin 116 Bradford Street North Andover, MA 01845 61 54 Jeremy Hall 102 Bradford Street North Andover, MA 01845 61 60 Felix Layne 128 Bradford Street North Andover, MA 01845 61 65 William Hansen 103 Bradford Street North Andover, MA 01845 61 103 Town of North Andover 120 Main Street North Andover, MA 01845 Date 10/5/2005 Page 1 of 1 This certifies that the names appearing on the records of the AssessorsOffice as of Je. Certified Date ���y 06/15/2004 07:31 9784700313 FRAWSARCIA PAGE 01 Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958-1986 OSBORN PALMER 1911 -1970 BRADFORD A WEED 1885- 1972 PLOT PLAN OF LAID IV. AHDa LOCATED � rss. N SF h AN 5t /. ,/ ["i ,411+ r GAR GA6ALLU ZS +' 6e49Fa2J •Go 5 71Z& L&-7" scAU: / 3a' LELDATE: Al"i,12, / Z/ 2CG� REFERENCE: PK PC Christopher R. Nello k 7976 104 LOWELL STREET PEABODY, MASS. 01960 (978) 531-8121 FAX: (978) 531-5920 Oct 03 05 10:16a NORTH ANDOVER PAGE 4OF, 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. 9786889542 p.5 VARIANCE *10. B. "Plan Specifications: n Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' In One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: I) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands Cif applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed. features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk ("). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1760-4841° for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x.the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1°x2-5/8' (3 copies for the Legal, and one copy for the Decision mailing). 11. C. See 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. .4 SEYFAKTH ATTORNEY S LLP Writer's direct phone 617-946-4991 Writer's e-mail pbrooks@seyfarth.com VIA HAND DELIVERY Ms. Joyce Bradshaw, Town Clerk North Andover Town Hall 120 Main Street North Andover, MA 01845 TOW f CR01Y ', World Trade Center East V i Two Seaport Lane 1005 OCT I I PM C 42 Suite 300 TOWN O F Boston, MA 02210-2028 NORTH MOVE"Mr��J.r?ACHUS 1 617-946-4800 fax 617-946-4801 www.seyfarth.com October 11, 2005 Re: 93 Bradford Street also known as 0 Bradford Street Dear Ms. Bradshaw: I am enclosing an original Application for Finding with reference to the above captioned property along with the following: 1. Check for filing fee; 2. Check for registered mailings; 3. Postage stamps for names on abutter's list; 4. 4 Copies of abutter's names on mailing labels; 5. 10 copies of application with denial attached; 6. Abutter's list; 7. Original Plan and 10 copies along with 10 copies of plot plan. a. QLV� jb_ r 1ja4VC1_ Please do not hesitate to call me with any questions or concerns and send all correspondence regarding newspaper notices and dates and times of any and all hearing to my attention. Cordially, S FART SHAW LLP a G2 `aim Peter S. Brooks cc: North Andover Board of Appeals North Andover Building Inspector Enclosures B01 15741498.1 / 87813-000002 T a z 0 0 z _ V) 0 U V) U z Q z Q 0 z Q v a Y 0 3 w z T (D z Q V) 0 z 0 0 0 U V_ 2 V z 0 V) 0 m z a a t T Oct 04 05 Oa:10p NORTH nNDOVER 9786889542 p.2 Town Clerk Time Stamp liortrh p. . ` / �iE ED n Tfl e (,L E R1WS OF"iCE *;�•� 2005 OCT I I PM 2: 41 FINDING TOWN OF NORTH ANDOVER TOW14 OF ZONING BOARD OF APPEALS NQRTH A4,Wjt�} : S5AD-1USS ; T NAME: Stephen J. Sarcia ADDRESS OF APPEAL: 93 (or 0) Bradford Street Procedure & ,:Requirements for, an Application for a Finding Ten (10) copies of the following information must be submitted thirty (30 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonin4 Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required pian information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee_ STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS, The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. LquulYlf/IIIIYIu/11Uh1u111{IWnuuuululWu►hW%11/d/IW W►/u/uwYaiuuNwuuwuliiBluY/tluYuutlluu►uillYu/u111um1ufu11iuNltnOu/tlulUlaml101uuullld IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Oct 04 05 02:10p NORTH RNDOVER 9786889542 p.3 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a FI N DI N G . Please complete all items 1 -14 below: 1. Petitioner: *Name, *Address and telephone number: Stephen J. Sarcia 215 Ellis Road North Attleboro Massachusetts 02760 617-594-8283 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Stephen J. Sarcia, 215 Ellis Road, North Attleboro, Massachusetts 02760 617- 594-8283 Years Owned Land: since January 28, 2005 3. Location of Property: a. Street: 93 (or 0) Bradford Street Zoning District: R-2 Lot Number: 2 b. Assessors: Map number: 61 9332 Page Number: 117 c. Registry of Deeds: Book Number: g 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 7.1, 7.1.2, 7.2, 7.3 and Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: Ruling that pursuant to Section 7.8 the lot is a buildable lot. See Attachment. s required to the The above description shall be used for the purpose 4, section 9 othe legal f this application. Failure by the and decision, A more detailed pplliicant to dcription iescribe theprequesttclearly Zoning Board Rules and Regulations as cited on pagethe applicant and will may result in a decision that does not address the intent of the applicant The decision will be limited to the request by not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.-36;.160 N A N/A % -50 B. % Oct 04 05 02:10p NORTH RNDOVER 9786889542 p.4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N Dl NG 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7.400 NA N A 100 N/A N/A N/A N/A N/A 6 C. Proposed Lot(s): Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Spaces Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet 7,400 N/A N/A 100 2 25 12 13 _+30 6 D. Required_ Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 43,560 N/A N/A 150 2 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet N/A Minimum Lot Setback Front Side A Side B Rear 30 30 30 30 Use of Number Building" of Units"" "Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): Number Ground Floor Number of Height Total Use of of Units" Square feet Floors Sq. feet Building' 1,120 2 21' 7" 2,240 One family dwelling 1 .Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this appwtion. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the appli nt om this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to cteZo ply 'th applic n requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by ing Boardthis application as Incomplete. Type above names here: Peter S. Brooks TOWN OF NORTH .AN"OVI R. Office of the Building Department Community Development and Services . 400 Ospod Street North Andover, Massachametts 0184.5 M CNICl McGitim Jn(erim $n""g r m axinner September 12, 2005 Greg CaTL9on 15 Carrie Ave. Methum MA 01844 'RE: 0 Braffird Stmet Dear Mr. Carlson , T.cJ*M.c (771) 09-9545 FAX (978) 6894542 Please be adored that ager further review by the Town ofNorth Andover legal council. it has been detemit ed that the above referenced lot is not a bmIdable lot. Attached v b this lew is a copy of the letter that this depart== bas received from the town atraracy m mwnW to year pawl of had. In dosing it will be nqAW that a variance for)at area will be needed fi m the Zoning Board of Appeals in orft to eau owt en this site. Should you bave any Sather gneslims t may be reached at 978-688-9345 betw= the hours of 8:30 to 10:00 AM and 1:00 to 200 PM Monday thmngh Friday. Micbsel McGuire ba aim BWI g Coe+ mer UpBBUS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MAssAmuspms 02110.1727 TFTOmAs J. URBSLTS e-mails u coy - gw•com F,aymond T. Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 RE: O BRADFORA STREET Dear Ray: Telepbone 617-338-2200 Telecopier 617-338-0122 August 24, 2005 Andover Telephone 9784754552 RECEIVED AUG 2 5 2005 BUILDING DEBT. A9 you know; we have been asked for an opinion as to whether we concur with the determination by the Building Commissioner that the above -referenced lot, which is in an R-2 zoning district and contains 7,400 square feet, is a buildable lot. The current minimum lot size in that district is 43,560 square feet. On April 26, 2005, we wrote to Heidi Griffin and expressed the view, based upon the i_urea aatior, and watcnials submitted by Ms. GriffW 0 us at that timet that Section 7.R of the North Andover Zoning By-law was applicablc to this situation, and that the lot was a buildable lot. As we stated in our letter of April 26, 2005, Section 7.8 applies to vacant lots which have been held in separate ownership and provides that the residential lot areas and frontage in Table 2 of the Bylaw do not apply to any lot that was duly recorded by deed prior to January 9, 1957, provided that it'has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. Subsequent to that time, we have received additional information, specifically, a copy of an Assessors' record card which contained reference to structures on the lot referred to as a "camp" and a "garage", with the notation that tbey had burned on November 2, 1969. We have been unable to ascertain from the information provided to us wben these structures were built, but this opinion is based upon the assumption that the buildings were on the lot prior to 1942, when the first zoning bylaw. was enacted. If that assumption is incorrect, please let us know. With that assumption, the fact that there were buildings on this lot until 1969 requires that a different analysis from that contained in the April 26 letter be made as to whether the lot is now buildable.. . . While the fourth paragraph of G.L. Chapter 40A, Section 6, and Section 7.8 of the Bylaw apply to vacant non -conforming lots,. the reconstruction of a dwelling 'on a nonconforming lot is ,%.y„h,,,V .,- 0 a.ara, 09 UPBELIS & FIELDSTEEL, LLP August 24, 2005 Page 2 governed by the first paragraph of G.L. Chapter 40A, Section 6, and Sections 9.4 and 9.5 of the Bylaw. The first paragraph of G.L. Chapter 40A, Section 6 provides in relevant part, that: Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by section five, but shall a 1 to an reconstruction, extension or structural change of such structure begun after the first notice of said public hearing to provide for its use for a substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure.... (Emphasis supplied) The reconstruction of a building after a fire or other catastrophe is also addressed by Section 9.4 of the North Andover ZoDi ng Bylaw, which provides: 9.4 Building after Catastrophe Any nonconfont►ung building. or structure destroyed or damaged by fire, flood, lightning, earthquake or wind to the extent of sixty -.five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning distract in which such building is located, or except as may be permitted by a Special -Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the desirability of elimimting nonwnformities recognized in Chapter 40A and applicable cases, which acknowledge '... the eventual elimination of nonconforming uses- as an objective underlying zoning regulations."' Dial AWAY Co. Uc. v. Zonis Board of A eals of Auburn 41 Mass. App. Ct. 165, 170 (1996). See also Dowling v Board of Health of ChilmarL 28 Mass. App. Ct. 547, 551 (1990) and Strazzulla v. Building Insaector of Wellesley, 357 Mass. 694, 697 (1970). Both G.L. Chapter, 40.A, Section 6 and Section 9.5 of the North Andover Zoning By-law address the issue of abandonment and are applicable to the present situation. G.L_ Chapter 40A, Section 6, Paragraph 4 provides: j1uELIS & FIELDSTEEL, LLP August 24, 2005 Page 3 "A. zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Section 9.5 of the North Andover Zoning By-law addresses the issue of abandonment as .follows: 9.5 Abandonment If any lawfully non -conforming building or use of a building or land be at any tune discontinued for a period of two years or more,...it shall thercafter continue to conform.... In the present situation, the dwelling on this lot was apparently destroyed by fire in 1969. Both Section 9A and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a building or use that does not conform to the provisions of the Bylaw without either a Special Permit or variance from the Zoning Board of Appeals. This determination is consistent with the ktolding of the Massachusetts .Appeals Court m the case of Dial Away Co Inc vs Zoning Board of Anneals of Auburn, cited above, which considered the question whether an undersized lot r=ained a buildable lot twenty-three years after the demolition of a nonconforming dwelling. The Appeals Court held that under the local by-law, the buildings were "abandoned". at the. time of their demolition and that, therefore, they, lost their "grandfathered" status two years later. In so holding, the Court held that "...it would be anomalous .indeed to construe [the Auburn by-law] to allow in perpetuity the rebuilding and demolition of dwellings on the plaintiff's undersized lot because of the happenstance that in 1944 a house was built that conformed to the then existing by-law." Dial Away Co.. Inc., Via, at 170. Nothing, in the recently decided case of Bransford v. Zoning Board of bweals of Edi own (August 12, 2005) would appear to alter this conclusion. Therefore, out further analysis of the additional facts concerning the existence and demolition of a residence on this lot lead to the opinion that the lot is not a "grandfathered" lot under the provisions of Section 7.8 of the Zoning By-law, and Haat a building permit may not issue without action by the Board of Appeals. Very truly yours, 4s t Thomas J rbelis TJUlknap cc: Mark Rees Michael McGuire Stephen Sarcia 215 Ellis Road Attleboro, MA 02760 October 6, 2005 To Whom It May Concern: Town of North Andover North Andover, MA RE: 93 Bradford Street, North Andover Dear Sir/Madam: I am the record owner of the above referenced property. I hereby authorize my attorneys, Jeffrey Musman, Peter Brooks and Carl King of Seyfarth Shaw LLP, 2 Seaport Lane, Boston, MA 02210 to sign any and all documents relative to the filing of an Application of Finding and an Application for Variance, including but not limited to the applications. 4800. Please direct any and all questions to my attorneys at Seyfarth Shaw LLP at 617-946- BOI 15740998.1 / 87813-000002 Very truly yours 93 (or 0) Bradford Street (Finding) The proposed use is as a single family dwelling, a use allowed as -of -right in the zoning district. The lot is currently vacant and I submit has been vacant since at least 1940. Since enactment of zoning in north Andover, the lot has always been intended to be used as a single family dwelling. Thus, the use will not be substantially more detrimental. Under Section 7.8 of the Bylaw, the lot can have built upon I as -of -right a single family dwelling of the size and with the setbacks proposed by my application for a building permit. Thus, the proposed structure cannot be substantially more detrimental than any other single family structure allowed to be built on the lot as -of -right. The lot of land in question, know as and numbered 93, but recently referred to as 0 Bradford Street, has been in separate ownership since at least April 13, 1940. At no time thereafter, to and including the current date, has it been in common ownership with any adjacent parcel of land. Although referred to in certain Assessor records as Map 61, Lot 2, in fact the lot does not appear on current assessor maps. The only public record evidencing any structure on the lot is an undated Assessors' record card for Map 61, Lot 2, that states a camp with attached garage burned on November 2, 1969. There is evidence to the effect that there was never a structure on the land in question. Thus, Section 7.8 of the Bylaw applies, the plans submitted by the application seeking a building permit comply with Section 7.8, and a building permit ought to have issued. Even if there is inconclusive evidence concerning the existence of any structure on the lot prior to November 2, 1969, Section 7.8 of the Bylaw is still applicable. Unlike the bylaw in Dial Away Co. Inc. v. Zoning Board of Appeals of Auburn, 41 Mass.App.Ct. 165 (1996), the provisions in the North Andover Bylaw concerning nonconformities do not parallel G.L. c. 40A, §6, and PIhus one can not conclude, as did the court in Dial TOCICkjayt Section 7.8 applies only to vacant lots. % 8 2005 S��AkS/ 87813-000002 BOAR® OFpP Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Date 10/5/2005 Page 1 of This certifies that the names appearing on the records of the Assessors Office as of ,:Je.,�k Certified Date r Town of North Andover Abutters Listing REQUIREMENT: tv1GL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town.",, Subject Property: MAP PARCEL Name Address 61 2 James Francis Kadishian 93 Bradford Street North Andover, MA 01845 c/o Stephen Sarcia Abutters Properties Map Parcel Name Address 61 1 William Hansen x/103 Bradford Street North Andover, MA 01845 61 3 Timothy Gaudette L445 Bradford Street North Andover, MA 01845 61 4 Robert Heinze ti440 Bradford Street North Andover, MA 01845 61 51 Steven Daly L.,*2 Bradford Street North Andover, MA 01845 61 52 Jay Sousa v1,50 Bradford Street North Andover, MA 01845 61 53 Joan Gitlin v416 Bradford Street North Andover, MA 01845 61 54 Jeremy Hall X402 Bradford Street North Andover, MA 01845 61 60 Felix Layne 0128 Bradford Street North Andover, MA 01845 61 65 William Hansen t r43 Bradford Street North Andover, MA 01845 61 103 Town of North Andover L_1-20 Main Street North Andover, MA 01845 Date 10/5/2005 Page 1 of This certifies that the names appearing on the records of the Assessors Office as of ,:Je.,�k Certified Date r w w w w w w OD CO 00 OD OD OD rl rl ri rl ri ri O O O O O O 9 0 9 0 m 0 E N E w Ll uli cQ (n O. m W h4 000 0 H O rl rl ri H H P4 N z U H 14 � H fYj 0 N M W E E a W H P7 H 0 E h a w 1' a+ z h En H H a x N r-1 ri r -I rl N ko 0 0 0 0 0 0 0 U w U 0 0 0 0 0 o a H a rn ro a u t g a tatfill kit to $ tW; Z Sit R a & Oio�' A �!� b Carlson Family Home 93 Bradford Street �.� North Andover, MA AESTHETIC IMAGES b'duteatS L Piftnere w ' °' X81' � 0132 ►� ca+» 6=fit t i0 RJi ,� Ito t t : 8� ! 0 �_ a t� aa$ A �� t t �a t a�at a � � IF 8 ! s aaa 4 r a 114 '►t as Y aSa Y� est(� O i ; g t tai$ aaa$ d A s R�� Rt.,a t o �1t t o It y t - till s t as : I I t a a !irpllr if f �* a Int t Id ��- a �ja a t aa� R g a tiap d I: t tov bl 0111111111101111 n OIL V. _...tams _ m 1 ° Carlson Family Home M _ �. 93 Bradford Street Architects/ Planners 78l�t a Sh"t (1117) =-ON Va"Uhu°w min I=017)32,,, 3 p, A� b UJI North Andover, MA Q fn co 410 R � 0 EL s ammumm (tj Ld° 1X== R fLL !d0 6=fit t i0 RJi ,� Ito t t : 8� ! 0 �_ a t� aa$ A �� t t �a t a�at a � � IF 8 ! s aaa 4 r a 114 '►t as Y aSa Y� est(� O i ; g t tai$ aaa$ d A s R�� Rt.,a t o �1t t o It y t - till s t as : I I t a a !irpllr if f �* a Int t Id ��- a �ja a t aa� R g a tiap d I: t ° Carlson Family Home AESTHETIC IMAGES �. 93 Bradford Street Architects/ Planners 78l�t a Sh"t (1117) =-ON Va"Uhu°w min I=017)32,,, 3 p, A� b UJI North Andover, MA �- 1", - lZmam ����IlillillllllC' NOUN RalRl�l ,Bee inn ion iiaiflidamiaii�,, IJ 6J i�9u�lll���a�u� Aitil��l �rl�l,' ���I�O �mini log ; ME 06/15/2004 07:31 9784700313 FRANKSARCIA PAGE 01 /- 15yy5 Bo�Qo� sand �oQoo� o��oa�a4o� Bono TA &A 13AR 3AZALLU lz+, Professional lend Surveyors b Civil Engineers ESSEX SURVEY SERVICE 1958-1986 OSBORN PALMER 1911 - 1970 BRADFORD A WEED 188S- 1972 Pim PLAN OF LAND N. A#WE a MASS. 5F }SAN SEI. ,l `V loo -G� 32A9Fo2a S71Z&=,-- SCALE: / ;io' DATE: Al"', 12,1(y Z/ 2Cz REFERENCE: EK PC k 79 76 104 LOWELL STREET PEABODY, MASS. 01960 (978) S31-8121 FAX: (978) 531-5920 i i•d )� eTT=TT So 20 u Oct 04 05 02:11p NORTH ANDOVER PAGE 4 of 4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be clearly identified and factually supported when requesting a Finding from the requirements of MGLA ch. 40A, and the North Andover Zoning Bylaws. All points, A -C, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. Fact(s) relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Address all appropriate details of the Building Commissioner's denial. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those which involve one of the following whether existing or proposed: t) five (5) or more parking spaces, II) three (3) or more dwelling units, ut) 2,000 square feet of building area. Major Projects shall require, in addition to the 10B. & 10 C. features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: 1) size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 t) one (1) Mylar. 111) The plan must be prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. 9786889542 p-5 FINDING *10. C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6, locations of buildings on adjacent properties within 50' from applicants proposed structure 7, deed restrictions, easements. I1) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names, addresses, and phone numbers of the applicant, owner of record, and designer or surveyor. 10. D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an asterisk (*). In some cases further information may be required 11. APPLICATION FILING FEES 11.A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGtA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 370) x the # of parties of interest on the abutter's list for the decision mailing, 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-518" (3 copies for the Legal mailing and one copy for the Decision mailing). 11. C. See 2005 Revised Fee Schedule. T CD O_ D 0 m r O r O 0 0 0 o� O° CD CD D� n N n m° r a Dn CL m U) tC w Dv T O X v cn q A m m U) 7 m n 2 O (D _ E `s v ' O 00 �, 0 0 v a'O - - v m wap; 00 N Z W ao 00 < v n �°• co � rD- r D D-4"i N D A". 0".., (n Z o �z z m NO W Z3 � v O Z Viz. 0) --j Z co N pf �.. v r r' Z) 7 CILs PH' 00 N O O loo D 0 m r O r O 0 0 0 o� O° CD CD D� n N n m° r a Dn CL m U) tC w Dv T O X v cn q A m m North Andover Board of Assessors Public Access Parcel ID: 210/061.0-0002-0000.0 S1t;ETCtI No Sketch Available Community: North Andover PHOTO No Picture Available Location: 93 BRADFORD STREET Owner Name: KADISHIAN, FRANCIS JAMES CHERYL ANN DEJEAN Owner Address: P.O. BX. 451524 City: SUNRISE State: FL ZIP: 33345 Neighborhood: 5 - 5 Land Area: 0.17 acres Use Code: 131- RES-PDV-LAND Total Finished Area: ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 73,200 69,800 Building Value: 0 0 Land Value: 73,200 69,800 Market Land Value: 73,200 Chapter Land Value: LATEST SALE Sale Price: 1 Sale Date: 12/20/1990 Arms Length Sale Code: A -NO -FAMILY Grantor: KADISHIAN, HARRY Cert Doc: Book: 03200 Page: 0235 http://csc-ma.us/NandoverPubAcc/jsp/Home jsp?Page=3&LinkId=463866 9 Page 1 of 1 7/20/2005 Glennon, Michel From: 5antiiii, Ray Sent: Wednesday, Ally 20, 2005 4:23 PM To: Glennon, Michel; McEvoy, ,ieannine Subject: 0 Bradford Street Hi Izalco alio rc inanhic_ I am .following up a citizen's concern regarding 0 Bradford Street with town counsel. Can you please photocopy the entire contcnts of the Buildime and Board jzf Appeal's "Icis) on this niiittcr? Thanks Santiffi Assistant Town Manager & Human Resources Director l vj "f�V i C,01 1I j 0 r lv� CI elg( C vil N- 5 7!?0,%05 DEC -21-2004 a 12:42 PM FAX Na Dec 19 04 02:29' Charles Bernet Jr 6099717390 Rictwd A. Par" and Mar pmt J. pvmhu btintdend the pope; too muY B. Kad6hian by virtue oj a deed dated Dt%y 12. 197b. t=Q ded with Book tryMim id � Itielproo dated OctGbet 6. 1982, t+ea nbd in Boot[ 2716 Pap 12. Harry Kadishiain tracm"'ed the PmP tV to the cumnt owners, Plrawn James Kadishian and Chary: Aare Wean by deed dated Dmernber 17. 1990, reanded with said Registry in Hoop 2716, Poe 12. DEC -21-2004 TUE 12:42 PM Deo to 04 02:26P Charles Bernet Jr rotxur, s. ro�e�. BaQ. iiiiCAMSMNW FAX No. 6099717390 IAWOvvmZQV M•JL PARAR1D 44 PSM 9 Olaf! ass -ism . 1PAMM CON 4T04WA I'M aa. YvtrA MA rata iris 0ecenber 16, 2004 7b Wham it rmW conmrn: Re: 93 Bradford Street, North A.. d.,, MA Tds will that I have eratnkscd the deeds to the above -rt bald in'*11 as to the abtudng PmPeMes and find that the thm d I�►Pety oomrrron ownenhip, Pt'QPartieae were not P. UVOO P-3 P. 03/06 p.l May 8, 2005 Re: Lot 0 Bradford Street, also known as Plan 91, Lot2, and as 93 Bradford Street To: Mark Rees, Town Manager Thomas J. Urbilis, Town Counsel Heidi Griffin, Community Development Director D. Robert Nicetta, Building Commissioner Lincoln Daley, Town Planner Mike McGuire, Building Inspector ZBA File From: E. William Hansen I have been informed by the Community Development (CD) office that I must appeal the letter written on February 5 approving sale of the above lot. 1, like all of you, am heavily involved in Town Meeting and may not make the May 12 deadline. This letter is to make sure there is a record of the decision process. It is also being submitted because the developer who bought the land has staked out property lines, as well as the boundaries for a house. The town has lost almost all the records of this property, but since 1 have abutted (at 103 Bradford) the above property since January, 1977, 1 have an extensive folder from which the attachments have been culled. As can be seen by the next page the lot has an active trading history, most of which the I have witnessed. In December, a "for sale" sign appeared for the property. I went to Community Development and delivered a couple of documents to demonstrate there was considerable doubt that the property qualified to pass the "abandonment and grandfather clauses". I specifically asked to meet with the Building Commissioner and review in more depth the file prior to granting approval of a transfer of title. A while after that I received a notice from the selling realtor informing me that the lot had been sold. Upon going to the Community Development office I was shown a February 5 letter stating, in its entirety, "I am of the opinion that the above parcel is a buildable lot." The documents that follow show that letter was almost certainly incorrect. These documents have been in my possession all along, and could have been packaged at any time, as I have done in the attached material. As the documents show, Roper bought the property sometime in 1978, made application for several variances, all of which were denied, and then resold the land to Kadishian. While he owned the land Mr. Roper was planning a spec build house as shown in the affidavit. As a long-time town resident who has done thousands of hours of community service I think my offer to evaluate this property before its sale should have been respected, especially since I have found two disqualifying transactions previously unreported. I am unhappy at spending the time and effort to put together these documents "after the fact of the sale" (while I am also working, as acting chairman of the library board, on a presentation for the town meeting). I also regret that the sale of this property has put the abuttors in the position of having to be in opposition to the town's position. Town Counsel Urbilis' letter of April 27 did not mention the activity with the developer shown in "I" below. He cites his "grandfather clause" approval on "information provided by Attorney Lombard" the buyers attorney who got it from a perusal of deeds as stated in his December 16, 2004 letter. That information was incomplete and inaccurate since it neglected to include the disqualifying information in "2, 3, 4, and 5" below. . I . "History of Bradford Street assessors plan 91, lot 2" 2. Roper Homes application for mortgage with statement "premises conveyed to Roper Homes by deed of Mary E. Kadishian to be recorded herewith." 3. Roper Homes deed (dtd 1 1/30/79) conveying land bock to Mary Kadishian for $8,000.00 4. Minutes of NA Board of Health meeting dated ���/jell 5. Affadavit from E. William Hansen t! T (Page 3 of entire report) z O LL U) W W d 4f J -j I N LL OJ' 0 O w o N W U N W LL Z W U o U < O OU a 0 z �= o3a wz� oO 1-00 nJ<_0 ui z ul 0 rx Z z dJz J<vJ < :ixLL0 to*Wo x0 VJLu - w02a. B `' w�w N LL.-� a0wa;owaa �u.u�cr. W� zW04000O d 3yagna0aLL2 ir 06 ca gas mom a Q Q W = W 0 E- N D Lj ON LL 1N m Z LL 00 -- I JIt 0 xowe �oU)z�v O yOz 2-zz"wzv m a w v q $w w CL wwz 3 if �lz z Mul0y IL OLL°�<Wz 8 w arOiJ�ai<�OOJ O N O OD m r rn CD T- oo oo ti rn ti rn r rn r w z LU z x T) a W 4cIL g 2 r 00 3 - O/ r ALzaz '-wZ� -1Zw? 2U LL LL O w z LU z x T) a S Roper Homes Co., Inc., a corporation organized under the laws of the Commonwealth of. Massachusetts , having a usual place of business at 46 Andover, Essex County, Massachusetts being unmarried„ for consideration paid, grant to the ANDOVER SAVINGS BANK, a corporation duly established by the Laws of the Commonwealth of Massachusetts and located at Andover. in the County of Este:, in said Commonwealth, with MORTGAGE COVENANTS, to secure the payment of t: Thirty Six Thousand Seven Hundred ($36,700.00) Dollars �. in one years with interest payable as provided in a note of evens date A sIU had with the buildinin thercart situated in North Andovcr, County .,f Essex and the YOmoromtaalth of Massachusetts, and described as follows: S' 'Eeginning at a stone .bound on the Westerly side of Bradford Street tr. uaid ' NOrth Andover, about opposite the residence of the late Nathaniel CaKe; thence ,.;",it..runzaing southerly one hundred (100) feet to the land formerly of the said } "lfatttanial Gage; then turning at an angle of ninety (90) degrees forty three r''(43) mimttes and running south 65 degrees W., 148 feet to a stone bound; and thence turning ai angle of 33 degrees and 47 minutes and running north 31 degrees E, 179 5/10 feet tOr4t fo t'he point first mentioned. MAL parcel of.land contains 7400 square feet, more or le 1 tbq now pretiises conveyed to Roper Horses Co., Inc. by deed of Nary E. Kadishian .,feceriled herewith. txtali-egtt deed of Richard A. and Margaret J. Parolisi recorded with Essex North tsiet Rsjist � of Deeds at Book 1338, Page 139, dated May 12, 1978. �i t f.)S, a>.d �I A. .:. +. F' '_ S �~ , (� SPP • , H•• £� r r f +t,.liusl!':ar?[Z?I� Ya+.ltt•�. - +y .` �,7..,�dh�a•yA3..r • I AFFADAVIT Re: Mary E. Kadishian variance application before the North Andover Board of Health I, E. William Hansen, abutter to Lot #2 (of 7,400 square feet approximately) on Bradford Street in North Andover, for which a variance is being sought by Mary Kadishian, hereby depose and say: (1) As background, I would like to point out that at a discussion at the July 10 meeting of the Board of Health, my wife and I overheard the members discussing the one variance then being requested. The members indicated they leaned towards granting it provided that Mrs. Kadishian owned the land and was building a house for her own use. (2) At approximately 7:30 p.m. on August 2, 1978, I was standing in front of Lot #2 engaged in neighborly conversation with my wife and Robert W. Heinze, whose affadavit is also being submitted, when a brown Ford pick-up truck came to a stop near us. The truck had the words "Colonial Carpentry" stencilled on both doors and had a black and silver "Ford" plate on the front. There were four people in the truck as they introduced themselves; one, about 5'10" tall with brown hair and mod plastic -rim glasses was Tom Goldzick (sp ?); his wife and son, Eric; as well as a blond fellow with a mustache, whose name I did not catch. He told us he worked as a "framer" for Rick Roper and said how lucky he was to run into neighbors, since Roper was the owner of the lot (Lot #2) and was offering to sell it to him. (3) He wanted to know if there were any water problems on the lot and if there were any other problems in the area. I pointed out to him that the lot . needed a variance for a septic system and he indicated surprise and appreciation (4) I asked him if he'd mind telling me what Rick Roper wanted for theand. He told me the price was to be $12,000. I pointed out that this was 40t of money for 1/6 of an acre but he observed that Roper had told him he would ensure all clearances were met and the lot would be "buildable" and further, that Roper through his connections as a developer, would get him financing. (5) He informed me that he was going to build a rustic cape colonial. He further observed that the house he intended to build had been drawn up on the lot plan and that it would fit on this small lot. A( Signed this �I day of August, 1978 under the pains and penalties of perjury. May 8, 2005 Re: Lot 0 Bradford Street, also known as Plan 91, Lot2, and as 93 Bradford Street New Information To: Mark Rees, Town Manager Thomas J. Urbilis, Town Counsel Heidi Griffin, Community Development Director D. Robert Nicetta, Building Commissioner Lincoln Daley, Town Planner Mike McGuire, Building Inspector ZBA File From: E. William Hansen I was working on the attached memo and attachments (starting at page 3) when 1 came across the page behind this one (letter dated December 16,2004 from Michael E. Lombard). The letter has two pages of transactions on this property going back to 1940 (8 total). Two vital transactions were surprisingly omitted. Since they fell between 2 reported transactions 1 assume this was deliberate. Clearly, they were omitted because they disqualify the grandfather clause being invoked to build on this lot. Since the application was not properly submitted I think it obvious a stop order should be issued and the lot declared non -buildable. Attachment 4 of the second letter ("Minutes of NA Board of Health meeting dated 9/10/1979") shows in paragraph 2 that one of the reasons for the denied variances was "because of the change of ownership" from Kadishian to developer Roper. The second letter (start page 3, with 5 attachments) details the process by which the lot was approved, as well as documentation about the disqualifying transactions. I am confident the Town of North Andover will respect its' zoning laws and take corrective action. ill Wi AY , zoos ROAFND� OF ApiDPIA1 -0 ►; �. 07 ,.I. . ,6 Roper Homes Co. Inc. a corporation duty established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 31 North Main Street Andover, Essex County, tlassachusetts, for consideration paid, grants to EIGHT THOUSAND ($8,000.00) Mary E. Kadishian of 90 Haverhill Street, Methuen, Essex County, MA with quttrluttu rournunts the land in North Andover, Essex County, Massachusetts and described as follows: M[Description and encumbrance, if any] Beginning at a stone bound on the westerly side of Bradford `street in said North Andover, about opposite the residence. -of the late Nathaniel Gage; thence running southerly one hundred (100) feet to land formerly of said Nathaniel Gage; then -turning at an angle of 90 degrees forty-three (43) . minutes and running south 65 degrees West, 148 feet to a stone bound; and thence turning at an angle of 33 degrees East "79 5PO feet to the point first mentioned. 0 Said parcel of land contains 79400 square feet, more or less. Being the same premises conveyed to me by deed from. Mary E. Kadishian dated September 6, 1978 and recorded at the Essex North Registry of Deeds at Book 1350, Page 195. r;CI'JS 1T in w tress to4treuf, the said Roper Homes Co., Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Richard D. Roper its President - TCU) hereto duly authorized, this 30th day of November in the year one thousand nine hundred and seventy nine Signed and sealed in presence 9f ............. ................................. by Richard D. Ro er sident-rt"Wi 0 Regular Meeting September 10, 1979 9**'in" called to order at 6:30 P.M. All members present. ktePted. Current bills signed. Minutes of previous meeting I,^M VARIANCE REQUEST; Hearing was held for a variance request on Lot 2 Bradford 1"cer Homes Inc. Abutters were pre�nt and their _ gi St eer* teMn Dana Perkins Corporation. He felt that the BoarrdechuihAd not acwas a tionethisred anvaria c 14til the proper tests and dr'Ita were submitted. variance saved from the State F�ineers wherein they stated the fivariance request mentioned was letter "°r but additoaal test pits should be done first.in Plans and test data on file with the Board were the ones presented b 1�e former 0 -,mer of the lot who sold the lot to Roper Homes only a few days before y Mary Kadishian `+talion for a variance was to be heard in 1978. e her Scanlon felt that because of the change of ownership and because owas ff thebydathe board. •''Previous plans and tests, new tests and new plans should be presented before sthof is �vd could consider a variance. Mr. not be done until the 198 stated that the new deep water test pits spring of 1980. Mr. Scanlon made a`motion, seconded by • Ray, not to grant this variance until new data was submitted. '• Hansen, an abutter, requested that a representative of the abutters be notified the new testing dates when arranged}by the ovner so that they co sneer present. Mr. Scanlon said he would see that they wuld have their ere `•eats were scheduled, and he stated that, e Board was concerned, it would so far as thnotified have -whent new yPermissable for their engineer to be present along with the Board's inspector and 01-mer's engineer. ".Roper, the present owner of the lot, dial not appear at the hearing. When he UTi"ed an hour after the hearing was scheduled, he was informed of the vote of the kard. 7•11TER LAWRENCE SANITARY DISTRICT DISPOSAL SITE: Greater Lawrence dneer, Eric Teittinen, presented Board with State Sanitary' District the approved plans for a landfill site eQ grounds of the Sanitary District, Charles St., in which the .Ae sludge in the ground to provote revegetation and restabilization in thea aread to ePoIit It to be an experimental procedure to improve and land. After a lengthyt �scussion a motion was made by Mr.03ron, and seconded rite as a land fill site on a temporary KAY• �� declare the latices to be sent to State and publishedainslocalde unanimous by Mr. Scanlon. paper. t MAL PERMIT 503 DALE ST: Letter was received from law firm of andrforesenting Michael and Stephen Smolak, requesting uHe a eoarr nd mistorder to Mrs. Sandra Kulninski wBoard iss ho is stabling horses at ue eas Dale St i Al Ch n nronr%rt-v t), ^,r ni .{M 4 .,..,ria i... r.U_�.. ._I;. May 8, 2005 Re: Lot 0 Bradford Street, also known as Plan 91, Lott, and as 93 Bradford Street New Information To: Mark Rees, Town Manager Thomas J. Urbilis, Town Counsel Heidi Griffin, Community Development Director D. Robert Nicetta, Building Commissioner Lincoln Daley, Town Planner Mike McGuire, Building Inspector ZBA File From: E. William Hansen I was working on the attached memo and attachments (starting at page 3) when I came across the page behind this one (letter dated December 16,2004 from Michael E. Lombard). The letter has two pages of transactions on this property going back to 1940 (8 total). Two vital transactions were surprisingly omitted. Since they fell between 2 reported transactions I assume this was deliberate. Clearly, they were omitted because they disqualify the grandfather clause being invoked to build on this lot. Since the application was not properly submitted I think it obvious a stop order should be issued and the lot declared non -buildable. Attachment 4 of the second letter ("Minutes of NA Board of Health meeting dated 9/10/1979") shows in paragraph 2 that one of the reasons for the denied variances was "because of the change of ownership" from Kadishian to developer Roper. The second letter (start page 3, with 5 attachments) details the process by which the lot was approved, as well as documentation about the disqualifying transactions. I am confident the Town of North Andover will respect its' zoning laws and take corrective action. 15 0 MAY 9 -1210 0 BOARD OF APPEALS ����� _ �� P ,;L, DEC -21-2004 TE 12:42 PM FAX NO, Dec 19 04 02:29p Charles Bernet, Jr 6099717380 P. 04/06 P-3 ftheard A. PerOW and M=Vu-et J. Parobft tr un�ed ft property m 11 Wy L Kadiahi8n by vide of a deed dated May 12, 1978, recorded with said try in Book• 1 L � � �� • �� •""` ► !ur!�e tete pro LO�acYI�r�e�d a dated October 6, , .962, recoeded in Book 2716, Pap 12. Rarrq Kadiahiven Ovneferred the property to the current owners, Francis Jamas Kadiahim and Cher/. Ann De.Jeaun by deed dated December 17, 1990, recorded with said Registry in Hoak 2716, Page 12. DEC -21-2004 TOE 12:42 PM Oec.18 04 02:28p Charles Bernet Jr MORAM X. LOWNUM, a0. a�a asir aroemr, �, - Occ:araber 1.6, 2004 To Whoan it nmy co weln: FAX N0. 8099717390 LAW Orr= CW MMMIM 8. LOPARAM AMOVW VA Olaq 497814U-1614 I►a KW* MM 4764W44 Re.- 93 Bradford Street, lforth A - Mover, MA MW w. "VWA ALWADOWWOM OMAs TUB will OCTUrY that I have examined the 1190CIN to the aebave-r+etramed p mpaty ae I as 10 the abutthM Properties and fled that the &wee popfttea wee not hard in cyoz van owroership, P. 03/06 p.l May 8, 2005 Re: Lot 0 Bradford Street, also known as Plan 91, Lott, and as 93 Bradford Street To: Mark Rees, Town Manager Thomas J. Urbilis, Town Counsel Heidi Griffin, Community Development Director D. Robert Nicetta, Building Commissioner Lincoln Daley, Town Planner Mike McGuire, Building Inspector ZBA File From: E. William Hansen I have been informed by the Community Development (CD) office that 1 must appeal the letter written on February 5 approving sale of the above lot. I, like all of you, am heavily involved in Town Meeting and may not make the May 12 deadline. This letter is to make sure there is a record of the decision process. It is also being submitted because the developer who bought the land has staked out property lines, as well as the boundaries for a house. The town has lost almost all the records of this property, but since I have abutted (at 103 Bradford) the above property since January, 1977, I have an extensive folder from which the attachments have been culled. As can be seen by the next page the lot has an active trading history, most of which the I have witnessed. In December, a "for sale" sign appeared for the property. I went to Community Development and delivered a couple of documents to demonstrate there was considerable doubt that the property qualified to pass the "abandonment and grandfather clauses". I specifically asked to meet with the Building Commissioner and review in more depth the file prior to granting approval of a transfer of title. A while after that I received a notice from the selling realtor informing me that the lot had been sold. Upon going to the Community Development office I was shown a February 5 letter stating, in its entirety, "I am of the opinion that the above parcel is a buildable lot." The documents that follow show that letter was almost certainly incorrect. These documents have been in my possession all along, and could have been packaged at any time, as 1 have done in the attached material. As the documents show, Roper bought the property sometime in 1978, made application for several variances, all of which were denied, and then resold the land to Kadishian. While he owned the land Mr. Roper was planning a spec build house as shown in the affidavit. As a long-time town resident who has done thousands of hours of community service I think my offer to evaluate this property before its sale should have been respected, especially since 1 have found two disqualifying transactions previously unreported. I am unhappy at spending the time and effort to put together these documents "after the fact of the sale" (while I am also working, as acting chairman of the library board, on a presentation for the town meeting). I also regret that the sale of this property has put the abuttors in the position of having to be in opposition to the town's position. Town Counsel Urbilis' letter of April 27 did not mention the activity with the developer shown in "1" below. He cites his "grandfather clause" approval on "information provided by Attorney Lombard" the buyers attorney who got it from a perusal of deeds as stated in his December 16, 2004 letter. That information was incomplete and inaccurate since it neglected to include the disqualifying information in "2, 3, 4, and 5" below. 1. "History of Bradford Street assessors plan 91, lot 2" 2. Roper Homes application for mortgage with statement "premises conveyed to Roper Homes by deed of Mary E. Kadishian to be recorded herewith." 3. Roper Homes deed (dtd 11/30/79) conveying land b ck to Mary Kadishian for $8,000.00 4. Minutes of NA Board of Health meeting dated �����J j7 5. Affadavit from E. William Hansen (Page 3 of entire report) ■ 2§ ui § a $ § 8 2 08 B ■ k 40 U \ / uj UJ / o o ■ IL _ Q IL I I ow o k U)4 B uj 2.2u o■2 § ■ lit§ U)>20 z mow- wa■� 0.§§/�}p-2k}I(rf o o�� w W �2§Zaw§42OU.Wk g ���_��§� I �� �_- � o § 00: a IL m a. -0 Co M fa ■OX2 as OR 4 g uj W � � D � O N O � c « I.- 00 ce. 02 4c © �z 0 -2 . 02@qR_■� U 01m0ae mo -t; -z zQw �20alzaU §« w k■ � W�zk2\Z® W w w P x 4 1 d 0LLo24c■ouu �z 2Oo��§oo a■3:#««if-A q k �© ■ a§ % 2§ w� E§i§ -jZ w z �Z0LL \ 0 v w z k P z ¢ I § � d V Roper Homes Co., Inc., a corporation organized under the laws of the Commonwealth of. Massachusetts , having a usual place of business at a>, fir Andover, Essex County, Massachusetts being unmarried, for consideration paid, grant.to the ANDOVER SAVINGS HANK, a corporation duly .established by the Laws of the Commonwealth of Massachusetts and located at Andover, in the County of Esse:, in said Commonwealth, with MORTGAGE COVENANTS, to secure the payment of Thirty Six Thousand Seven Hundred ($36,700.00) Dollars 9<b ef .`. one yeari with interest payable as provided in a note of even bate, ' cTite tend with the buildittes thereon situates! in North Andovcr, County of Essex and the opNtoaw"Ith of Massachusetts, and described as follows: .,, beginning at a atone bound on the Westerly side of Bradford Street In uafd =a, NOrth Andover, about opposite the residence of the late Nathaniel C,alKe; thence ;a�:�.-7rzsnning southerly one hundred (100) feet to the land formerly of the said �•�--Xathanial Gage; then turning at an angle of ninety (90) degrees forty three '.f fi,(43) minutes and running south 65 degrees W., 148 feet to a stone bound; and thence turning h; aR angle of 33 degrees and 47 minutes and running north 31 degrees E, 179 5/10 feet .i the point first mentioned. parcel of.land contains 7400 square feet, more or les . l 09 thq am .pretaisee conveyed to Raper Homes Co., Inc. by deed of Mary E. Kadishian -to ' xecorded herewith. 5:'A s.. Cxati :8ee.Aeed of Richard A. and Margaret J. Parolisi recorded with Essex North trlct Rsilstryof Deeds .at Boots 1338, Page 139, dated May 12, 1978. �.,,� ?v � � � = a,1;' ad fit:, � . _ f• OF C r� a3 h 4 J � J !..lA<..i1:_uYL9� rru.�L - - ... :��..idpd•C:,ri _ �� .a . .,. ttzl6i Roper Homes Co. Inc. a corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 31 North Main Street Andover, Essex County, Massachusetts, for consideration paid, grants to EIGHT THOUSAND ($8,000.00) Mary E. Kadishian of 90 Haverhill Street, Methuen, Essex County, MA with quttrlutat raaerttunia the land in North Andover, Essex County, Massachusetts and described as follows: (Description and encumbrances, if any) Beginning at a stone bound on the westerly side of Bradford Btreet in said North Andover, about opposite the residence•,of the late Nathaniel Gage; thence running southerly one hundred (100) feet to land formerly of said Nathaniel Gage; then turning at an angle of 90 degrees forty-three (43) minutes and running south 55 degrees West, 148 feet to a stone bound; and thence turning at an angle of 33 degrees East ?9 5/4.0 feet to the point first mentioned. Said parcel of land contains 7,400 square feet, more or less. Being the same premises conveyed to me by deed from Mary E. Kadishian, dated September 6, 1978 and recorded at the Essex North Registry of Deeds at Book 1350, Page 195. 4 . t' e. 24 - IIt ttttUItl' OO t h.-Priellf , the said Roper Homes Co., Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Richard D. Roper its President - TiEU) hereto duly authorized, this 30th day of November in the year one thousand nine hundred and seventy nine Signed and scaled in presence X j...............................................................................:..... d` i , by Richard D. Roper, P.nsident i Regular Meeting September 10, 1979 t ^Kr w tinr► called to order at 6:30 P.M. All members present. Minutes ofre tePted. Current bills signed. P viaus meeting fR VARIANCE REQUEST; Hearing was held for a variance request an Lot 2 B r Homes Inc. Abutters were grest3nt and their radford St:, -=° t�a� Dana Perkins Corporation. spokesman was a registered engineer rP He felt that the Board EhuUd not act on this variance the proper tests and dhta were submitted... He _hreived from the State specifically mentioned the letter Et�ineers wherein they stated the variance request was in a'der but additonal test pits should be done first. Plans and test data on file with the Board were the ones presented b former oymer of the lot who sold the lot to Roper Homes only a few days a a arm shun $ "tition for a variance was to be heard in 1978. This variance was denied theeboar Scanlon felt that because of the change of ownership and because �' board. Previous plans and tests, new tests and new of plans should be presentedhbeforesth3 s h. acrd could consider a variance. Mr. Mrphy stated that the new deep water to st not be done until the spring of 1980. Mr. Scanlon made a'motion, seconded bits _• Kay, not to grant this variance until new data was submitted. y Hansen an abutter, requested that a representative of the abutters be n.otifi ° Of the neer testing dates when arranged )by the ofner so that they could have their ed 1cf-Ineer present. Mr. Scanlon said he would see that they were notified when new t*sts were scheduled, and he stated that,so far as the Board was concerned it would Perzssable for their engineer to be present along with the Board's inspectors and ••e owner's engineer. M'• Roper, the present ©zmer of the lot, did not appear at the hearing. When he Wiped an hour after the hearing was scheduled, he was informed of ng. vote of the J►ard. Si LAWRENCE SANITARY DISTRICT DISPOSAL SITE:. Greater Lawrence Sanitary �ineer, Eric.Teittinen, presented Board with State District �m the grounds of the Sanitary approved plans for a landfill site sludge in the District, Charles St., in which they planned to deposit ground to provote revegetation and restabilization in the area. It IS to be an experimental procedure to improve surrounding land. After a lengthy discussion a.motion was made by Mr,Q ron, and seconded site as a Land fill site on a temporary � �' KAY• � declare the 10tices to be sent to State and published inslocallapap unanimous by Mr. Scanlon. MYAL PERMIT 503 DALE ST: Letter was received from law firm of Hale and Dorr =resenting Michael and Stephen Smolak, requestinf; Board to issue a cease and =isist order to Mrs. Sandra Kulpinski who is stabling horses at 503 Dale St AFFADAVIT Re: Mary E. Kadishian variance application before the North Andover Board of Health t I, E. William Hansen, abutter to Lot #2 (of 7,400 square feet approximately) on Bradford Street in North Andover, for which a variance is being sought by Mary Kadishian, hereby depose and say: (1) As background, I would like to point out that at a'discussion at the July 10 meeting of the Board of Health, my wife and I overheard the members discussing the one variance then being requested. The members indicated they leaned towards granting it provided that Mrs. Kadishian owned the land and was building a house for her own use. (2) At approximately 7:30 p.m. on August 2, 1978, I was standing in front of Lot #2 engaged in neighborly conversation with my wife and Robert W. Heinze, whose affadavit is also being submitted, when a brown Ford pick-up truck came"to.a stop near us. The truck had the words "Colonial Carpentry" stencilled on both doors and had a black and silver "Ford" plate on the front". There were four people in the truck as they introduced themselves; one, about 5'10" tall with brown hair and mod plastic -rim glasses was Tom Goldzick (sp ?); his wife and son, Eric; as well as a blond fellow with a mustache, whose name I did not catch. He told us he worked as a "framer" for Rick Roper and said how lucky he was to run into neighbors, since Roper was the owner of the lot (Lot #2) and was offering to sell it to him. (3) He wanted to know if there were any water problems on the lot and if there were any other problems in the area. I pointed out to him that the lot needed a variance for a septic system and he indicated surprise and appreciation (4) I asked him if he'd mind telling me what Rick Roper wanted for the land. He told me the price was to be $12,000. I pointed out that this was *ot of - money for 1/6 of an acre but he observed that Roper had told him he would ensure all clearances -were met and the lot would be "buildable" and further, that Roper through his connections as a developer, p , wouldget him financing. (5) He informed me that he was"going to build a rustic cape colonial. He further observed that the house he intended to build had been drawn up on the lot plan and that it would fit on this small lot. 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