HomeMy WebLinkAboutMiscellaneous - 95 MAIN STREET 4/30/2018i
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Legal Notice
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
August 22, 1988
Notice is hereby given that the Board of
Appeals will hold a Public Hearing at the
Town Building, Main St., North Andover, on
Tuesday evening September 13, 1988, at
7:30 P.M., to all parties interested in the
application of Maureen J. Joyce as the party
aggrieved by a ruling of the Building Inspec-
tor, after consultation with the Community
Development Department, requiring all
change of tenancies in business or commer-
cfal properties to obtain a special permit to
alter or change uses in any legally existing
non -conforming lands or structures.
By Order of the Boai d of Appeals
Frank Serio, Y., Chairman
iblish in North Andover Citizen August 25
I d September 1, 1988 67209-0
rn Ur NUNIN ANUU
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
August 22, 1988
Notice is hereby given that the Board of
Appeals will hold a Public Hearing at the
Town Building, Main St., North Andover, on
Tuesday evening September 13, 1988, at
7:30 P.M., to all parties interested in the
application of Maureen J. Joyce as the party
aggrieved by a ruling of the Building Inspec-
tor, after consultation with the Community
Development Department, requiring all
change of tenancies in business or commer-
cial properties to obtain a speciallrmit to
alter or change uses in any legal' existing
non -conforming lands or structures.
By Order of the`Board of Appeals
Frank Serio, Jr., Chairman
Publish in North Andover Citizen August 25
and September 1, 1988 67209-0
Legal Notice
TOWN OF NORTH ANDOVER
N!ASSACHUSETTS
BQARD OF APPEALS
NOTICE
August 22, 1988
Notice is hereby given that the Board of
Appeals will hold a Public Hearing at the
Town Building, Main St., North Andover, or
Tuesday evening September 13, 19"
7:30 P.M., to all parties intPr-
application of Maureen
'-,-d by a rulir,
4IF--
NORTH{
O D
o
t i i
,SSACHUStt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Date:
�c O '
Dear Applicant:
Enclosed is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ for the following:
Filing Fee
Postage
S
$ '3- s'a
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
_r
Audrey W. Taylor, Clerk
Rwcei-ved by Tgwrn' Clerk.
L
RECEIVED
Date:- TOWN OF NORTH ANDOVER MASSACHUSETTS
TOWN CLERK BOARD OF APPEALS ND 4
Ti me NORTH AND9VER
Noti e: T.hi s application must be typewritten ,' , r,
Aug 24 10 30 a'8 ; , ���
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDI14ANCE'
Applicant 0Ar,=_4J �J-- Address_`'
3. Application is hereby made
and Table of the Zoning By -Laws.
(b) For a S
U-5—der Section Paragraph of the
amu.... -- _
• (c) As a party aggrieved, for review of a decision made by the Building
Inspector or other authority.
2. (a) Premises affected are land K and building(s) _ _ numbered
Street.
(b) Premises affected are property with frontage on the North ( )
South (?<T East ( ) West. ( ) side of ,rYlgi�
Street, and known as No. 19S 'Street.
(c) Premises affected are in Zoning District ,C3 and the premises
affected have an area of square feet and frontage of
square feet.
3. Ownership
(a,) Name
and address
of owner (if joint ownership, give
all names):
Date
of purchase
) 9 8 Z Previous- Owner-,-t-,Y,
%T6,�L TV r?rUSST
(b) If applicant is
not owner, check his interest in the
premises:
Prospective
Purchaser Lesee Other
(explain)
4. Size ef prepesed
building.,feet
deep-,
Height:
stories;
feet.
(a) Approximate date of erection:
(b) Occupancy or use o oor:_
5. Size of existing building: feet front;
Height: stories; feet.
feet.deep;
(a) Approximate date of erection:
(b} Occupancy or use of each floor:
(c) Type of construction:
6. Has there been a previous appeal, under zoning, on these premises? A16
If so, when?
7. Description of relief sought on this petition J7YG6���'rJ17 ,3y SHE'
THIfT 7-EiM11261 00 1�L1�xu,
8. Deed recorded in the Registry of Deeds in Book Page /4, or.
Land'.Court Certificate No. Book Page
Theprincipal points upon which I base my application are as follows:
(Must be stated in detail)
4
I agree to pay foy,�a rtisi ng lr( "�wspap'er/and incidental expenses*
Petitioner's Siqnature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. 'These forms shall be furnished by the clerk
upon request. Any communication purporting to be an application
shall be treated as mere notice of intention to seek relief until
such time as it is made on the official application form. All in-
formation called for by the form shall be furnished by the applicant
in the manner therein prescribed.
Every application shall be submitted with a list of "Parties in
Interest" which list shall include the petitioner, abutters, owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they appear on the most recent applicable -
tax list, notwithstanding that the land of any such owner is located
in another city or town, the Planning Board of the city or town, and
the Planning Board.of every abutting city or town.
'a
* Every application shall be submitted with an application charge cost
in the amount of $25.00. In addition, the petitioner -shall be respon-
sible for any and all -costs involved in bringing the petition before
the Board. Such costs shall include mailing and publication, but
are not necessaril"y limited to these.
Name
LIST OF PARTIES IN INTEREST
Address
(Use additional sheets if necessary)
. •+4-, ,yin r. i �.
t
0
JOSEPH, THERESA & DAVID VAILLANCOURT
ATLANTIC REALTY TRUST
EVROS REALTY TRUST
MONEMAX REALTY TRUST
SAN LAU REALTY TRUSTC/0 SANTO MESSINA
ROBERT PANGIONE & FRANCIS MACDONALD
96
A
31 LINCOLN STREET
NORTH ANDOVER, MA
89 MAIN STREET
NORTH ANDOVER, MA
18 HERRICK ROAD
NORTH ANDOVER, MA
57 ESSEX STREET
NORTH ANDOVER, MA
268 MASS AVE.
NORTH ANDOVER, MA
104-106 MAIN STREET
NORTH ANDOVER, MA
RED SQUIRE REALTY TRUST 136 HEATH ROAD
NORTH ANDOVER, MA
RQ��.—,— _ ��,�*sr,•mv n r MTrun�r KFT T AD
CBS TRUST94 MAIN'fST—REET:;';'
/ NORTH ANDOVER, MA
7,
lo� —;el(
:aAL
OFFICES OF:
APPEALS
13UILDING
CONSERVATION
HEALTH
PLANNING
OF
F? do Town of
a
NORTH ANDOVER
�sSACHUS i� DIVISION OF
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, I )IRI:( -FOR
DATE: September 13, 1988
TO: Board of Appeals
FROM: Robert Nicetta, Building Inspector
RE: PUBLIC HEARINGS/SEPT. 13, 1988
120 Main Street
North Andover,
Massachusetts O 1845
(617) 685-4775
1 - DR. JOHN RIZZA: Special Permit Request, 95 Main St. - Denied
issuance of Building Permit to renovate subject dental office
due to lack of compliance with meeting the minimum off-street
parking requirement, Sec. 8.1 of the Zoning By -Law. I have no
objection,to the dental office itself.
2 - MAUREEN JOYCE: Party aggrieved of Building Inspector's ruling,
95 Main St. - With respect to parking, the building requires
the following: 4 spaces for two residences
1 space per 300 s.f. for law office =``, spaces
5 spaces for dental office
Total: 18 spaces and there are only 4 spaces
shown on the plan.
3 - LEONA MORIN: I will be in attendance at your Meeting to express
my opinion on this request for Special Permit.
4 - ROBERT & H. SCHICK, JR.: Special Permit Request, 100 Court
St. - I do not feel that the granting of this request would
be a detriment to the neighborhood nor derogate from the public
good and, therefore would suggest that the existing swimming
pool be allowed to remain.
5 - RONALD A. MERINO: Variance request, 164 Sutton St. - I recom-
mend that this request be denied because of potential danger
to public safety by the proposed backing out of vehicles onto
No. Main St. and Sutton St. which are presently subject to
heavy traffic congestion.
6 - DAVID RITCHIE: Continued Public Hearing, 200 Waverly Rd. -
Inasmuch as the Fire Department has now approved the revised
safety aspect, I see no reason for denying the proposed Variance.
If approved, the garage will have to be constructed of fire
resistant materials as specified by the Building Inspector.
Yours truj y,
D. Robert Nicetta
DRN:gb
cM
.cM. c4e6ociutee
63 Rater Street, North Andover, Massachusetts 01845 — Telephone: (617) 689-3755
SEPTEMBER 13, 1988
MR. RALPH JOYCE
ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVER, MASS 01845
DEAR MR. JOYCE:
I RECEIVED YOUR LETTER OF SEPTEMBER 9, 1988, 1 HAVE HAD THE SAVE -PROBLEM
WITH MY OLD BUILDINGS AND THE TOWN PARKING LAWS.
I HAVE A COMMERCIAL BUILDING THAT I WAS NOT ALLOWED TO GET A BUILDING PERMIT
FOR REDOING THE INTERIOR.
I WILL BE AT THE MEETING ON THE 13th OF SEPTEMBER 1988.
VERY TRULY ,OURS
HARO J. MC PHEE
JOSEPH VERNILE
69 WATER STREET
NORTH ANDOVER, MA 01845
SEPTEMBER 13, 1988
DEAR RALPH,
I OWN A TWO FAMILY HOUSE ON WATER STREET THAT IS ZONED COMMERCIAL AND
IN THE FUTURE I MAY WANT TO REDESIGN THE BUILDING FOR COMMERCIAL USE.
I AGREE THE BY-LAWS CONCERNING OLDER BUILDINGS ARE NOT FAIR TO THE OWNERS.
VERY TRULY YOURS,
JOSEPH VERNILE
?FFICES OF:
" Town of
APPEALS
NORTH ANDOVER
BUILDING
'�,;'�:::; �4.,e
CONSERVATION
°"`"'� DIVISION OF
HEALTH
PLANNING
PLANNING & COMMUNITY DEVELOPMENT
KAREN H.P. NELSON, DIRECTOR
MEMORANDUM
TO: Karen Nelson, Director, PCD
Bob Nicetta, Building Inspector
FROM: Scott A. Stocking,,114 Planner
DATE: August 24, 1988
RE: Changes in Non -conforming Uses/Structures
in Town
120 Main Street
North Andover,
Massachusetts 0 1845
(617) 685-4775
Upon review of a number of cases where changes in non -conforming
uses or structures have occurred, I recommend the following procedures
and standards be utilized in order to consistantly and fairly deal
with this issue:
1. If the non -conforming use or structure involved a prior decision
by the Board of Appeals in which the Board utilized parking
standards not currently in the Zoning Bylaw in issuing their
decision, the owner shall be required to repetition to the
Board of Appeals under a Special Permit to alter or allow a
non -conforming use or structure.
2. If no prior Board of Appeals decision exists for a non -conforming
use ,toP-structure, the Building Inspector shall utilize his
authority under Chapter 40A, Section 6 to determine if the
"change shall not be substantially more detrimental than the
existing non -conforming use to the neighborhood."
The Building Inspector will make this determination by
utilizing a substantive standard of the Bylaw - Required Off -
Street Parking, by comparing the old use and structure and its
required parking standards and the new use and structure and
iV required parking standards. If the new use or structure
requires more parking than the old, he shall determine under
Chapter 40A Section 6, that it is more detrimental to the
neighborhood and would require action by the Board of Appeals
to allow it to occur. If less parking is allowed by the proposed
changes, it will be less detrimental to the neighborhood and it
requires no action by the Board of Appeals.
Page 2:
The reason for the two layer approach is that I do not think
the Building Inspector can substitute his opinion in place of the
Board of Appeals in regards to non -conforming issues, since they
have ultimate authority in interperting the Zoning Bylaw, both
under Section 10.4 of the Bylaw and M.G.L. Chapter 40A, Section 14.
This is esecial'1y the case when the Board cites, specific provisions
included in the Bylaw.as part of their previous decision upon which
they based their decision and those standards no longer apply or
are contained in the current Bylaw.
o _
In this case:the Board's permit cannot be.extended in anyway
without a finding by the Board that the new standards and change
in the non -conforming use or structure is not materially different,
than what was contemplated by the prior decision and is not in fact
more detrimental to the neighborhood. This arguement is reinforced
in that one of the few substantive standards the Board can use in
making this determination is utilizing specific parking standards which
were changed by the Town, eliminating the 50% excussion of the parking
requirements if within 300' of.a.public parking lot, and the Town
leas :-increase;d the. parking standards recently for certain land uses.
`�_ Thes:e.,were-,policy decisions voted.by the. Town during Town
Meeting:' -to .place :stricter parking requirements on applicants in
i,;, {, order to provide .adequate off -street -parking.
f_t is a'Unde.r:procedure #1 as stated without the complication of a
:,...:-::Board .of %_Appea.ls decision, the Building Inspector can make a
determination of..impact provided he utilizes a c-onsistant measure
to:so.determine.! I suggest the parking standard and is a real
and -substantive measure upon -which to-conformingudge if a non
use or structure can be adequately facilitated by a given neighbor -
.hood and is..a good measure of impact in a very substantive area of
determination (i.e. Neighborhood Impact). While other factors
impact livability of neighborhoods, parking is an objective standard
contained in the Bylaw that most people would agree affects
neighborhood livability.
ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVER, MA 01845
RALPH R. JOYCE
VIKEN MANOUGIAN
Town of North Andover
BOARD OF APPEALS
120 Main Street
North Andover, MA 01845
(617) 685-4555
September 15, 1988
RE: MAUREEN J. JOYCE - MAIN & FIRST STREETS, NORTH ANDOVER
PARTY AGGRIEVED
Dear Sirs:
I appreciate the Board's attention with the issues I
recently raised in the above cited matter. The morning after
our public hearing, I learned that the Board of Selectmen had
on their agenda the same evening, the issue of redrafting
downtown zoning and voted unanimously to assign the matter to
the Planning Department with instructions to place priority on
the. matter.
I intend to offer my services to any committee that may be
commissioned by the Planning Department and/or Selectmen and
suggest that members of your Board possess a particular insight
and degree of experience of value to such committee. I do,
however, recognize the substantial effort of time and energy
that the members of your Board have already committed to this
community.
While this development is encouraging, it leaves, however,
the problem of administering the interim land use issues which
may present themselves to the Building Inspector's office prior
to any changes that the committee may effect at forthcoming
Town Meetings. The issue is guiding the Building Inspector with
what consitutes "substantial detriment" to any legally existing
nonconforming use (most particularly in the downtown area) and
ask the Board to consider the following guidelines:
A. The Building Inspector is advised that he should grant all
building permits for allowed uses if he determines the
property is in conformance with the zoning ordinances and
for all allowed uses in nonconforming properties if the
additional criteria are met.
1. The land and structures in question are legally
existing nonconforming use.
2. The total square footage of the structure is not
being increased (i.e. there are no additions proposed
to the structure).
3. That all available land associated with the structure
is committed to meeting parking regulations as is
practical.
4. The proposed use is a use that is otherwise allowed
in the zoning district.
B. The Building Inspector, in his sole discretion, reserves
the right to exceed these guide lines and owing to
circumstances unusual and particular to the proposal is
allowed to determine that substantial detriment does exist
and refer the same to the Board of Appeals for a special
permit.
While I recognize the Board may reject, adopt, or adopt
with modification this proposal, the combination of your action
together with that of the Board of Selectmen will, I have no
doubt, result in both a long and short term resolution of the
problems confronting particulary the downtown property owners.
I thank you for your continued efforts on behalf of the
community and in particular
RRJ:mlI
cc: Members, Board %J Appea.La
Scott Stocking, Town Planner
Robert Nicetta, Building Inspector
Paul Sharon, Town Manager
A "%
**********************
*
*
Maureen J. Joyce
95 Main St.
N. Andover, MA 01845
*
*
�NORTt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #: 19-89
DECISION
The Board of Appeals held a public hearing on Tuesday evening September 13,
Wednesday evening, October 5, and Tuesday evening, October 11, 1988 upon the
application of Maureen J. Joyce as a Party Aggreived by a ruling of the Building
Inspector, after consultation with the Community Development Department, re-
quiring all change of tenancies in business or commercial properties to obtain
a special permit to alter or change uses in any legally existing non -conforming
lands or structures, on the premises located at 95 Main Street. The following
members were present and voting: William Sullivan, Acting Chairman, Augustine
Nickerson, Clerk, Walter Soule and Louis Rissin.
The hearing was advertised in the North Andover Citizen on August 25 and
September 1, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted.
to DENY the Party Aggreived as requested.The Board finds that the interpretation
by the Building Inspector and the petition differ because of the poor wording of
this particular bylaw and the Board will notify thelanning Board and the Board
of Selectmen of their concerns regarding this bylaw. �--�
Dated this 14th day of October, 1988
/awt
BOARD OF APPEALS
William Sullivan
Acting Chairman
Aal
/ V/", -
ad a*9 �"
Z?�v 'k4a;�'w
ME
Maureen J. Joyce
95 Main St.
N. Andover, MA 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD QF APPEALS
NOTICE OF DECISION
Date .... October. ,14, 1988 ......
Petition No... A9-8?.
September 13, 1988
Date of Hearing.October. .5 and. 11, 1988
Petition of .......Maureen J. Joyce ...........................................:.........
Premises affected ...... 95.Main .St; ............ ...................... . .................
Referring to the above petition fora ,Party..Aggrei.ve.d
by a ruling of the Building Inspector, after consultation with the Community
IIevelbpmeht Tepar't'm⁢' regtiiting' 'a11 'change 'of - tenancies' in'busine's's' 'dr 'comme'rcial
uox eg ipeesstto obtain a special permit to alter or change uses in any legally existing
non -confo'rmi'ng land's- 'or 'struc't'ures:................................
After a public hearing given on the above date, the Board of Appeals voted to DENY ......: the
Party aggreived hffX%Wdkw-Ug*dw}UL [cwXXX
F".1171 �q� rls�!Y , ���Ary _ . Z 7 , •. . 'b :.4'
Signed
William Sullivan, Acting Chairman
.................................... I......
Augustine Nickerson, Clerk
.......................
Walter Soule
.......................:.................
Louis Rissin
.......................................
..................................
Board. of Appeals
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
*
*
Maureen J. Joyce * Petition #: 19-89
95 Main St.
N. Andover, MA 01845 **
* DECISION
*
**********************
The Board of Appeals held a public hearing on Tuesday evening September 13,
Wednesday evening, October 5, and Tuesday evening, October 11, 1988 upon the
application of Maureen J. Joyce as a Party Aggreived by a ruling of the Building
Inspector, after consultation with the Community Development Department, re-
quiring all change of tenancies in business or commercial properties to obtain
a special permit to alter or change uses in any legally existing non -conforming
lands or structures, on the premises located at 95 Main Street. The following
members were present and voting: William Sullivan, Acting Chairman, Augustine
Nickerson, Clerk, Walter Soule and Louis Rissin.
The hearing was advertised in the North Andover Citizen on August 25 and
September 1, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted.
to DENY the Party Aggreived as requested. Xhe Board finds that the interpretation
by the Building Inspector and the petitionV(d11'ffer because of the poor wording of
this particular bylaw and the Board will notify the Planning Board and the Board
of Selectmen of their concerns regarding this bylaw.
BOARD OF APPEALS
.1
Wil iam Sullivan
Acting Chairman
Dated this 14th day of October, 1988
/awt
A►�n7M
�•. 1855 ;
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Maureen J. Joyce
95 Main St. Date October. 14, 1988
N. Andover, MA 01845 "' " "
Petition NO....19-89 .
September 13, 1988
Date of Hearing.Oct0!aT 5 and 11,, 1988
Petition of .......Maureen J.. Joy.ce...........................:.........................
Premises affected ......95 . Main .$ t , .............
Referring to the above petition fora .Panty. ,Aggreiyed
by a ruling of the Building Inspector, after consultation with the Community
IIevelopme—ht TepaYtmerit;' tegiiiring" a11 'change 'of 'tenancies' in busine's's' 'or 'comme'rcial
ioxegipeess to obtain a special permit to alter or change uses in any legally existing
non-ddhf6ibi:hg 'lands' -or -strut'tures:............. " " " " " " " " " "
........ ...............................................................
After a public hearing given on the above date, the Board of Appeals voted to DENY ... the
Party aggreived��
1
Signed
William Sullivan, Acting Chairman
..........................................
Augus 'ne Nickerson, Clerk
..........................................
Walter Soule
.........................................
Louis Rissin
.................................
Board of Appeals
C=
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00
poRTH
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o
F n N
F p!fCE
•-+
x ='ham 1'
in the
Office of the Town.
Clerk.
�. ..-. ..
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0
Maureen J. Joyce
95 Main St.
N. Andover, MA 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Petition #: 19-89
DECISION
The Board of Appeals held a public hearing on Tuesday evening September 13,
Wednesday evening, October 5, and Tuesday evening, October 11, 1988 upon the
application of Maureen J. Joyce as a Party Aggreived by a ruling of the Building
Inspector, after consultation with the Community Development Department, re-
quiring all change of tenancies in business or commercial properties to obtain
a special permit to alter or change uses in any legally existing non -conforming
lands or structures, on the premises located at 95 Main Street. The following
members were present and voting: William Sullivan, Acting Chairman, Augustine
Nickerson, Clerk, Walter Soule and Louis Rissin.
The hearing was advertised in the North Andover Citizen on August 25 and
September 1, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted.
to DENY the Party Aggreived as requested. The Board finds that the interpretation
by the Building Inspector and the petitioner differ because of the poor wording of
this particular bylaw and the Board will notify the Planning Board and the Board
of Selectmen of their concerns regarding this bylaw.
BOARD OF APPEALS
William Sullivan (v
Acting Chairman
Dated this 14th day of October, 1988
/awt
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
_ F,"!
in the Om((e ui h,; Lown
Cle k.
Date ....October 14, 1988
Petition No... 19-89.
September 13, 1988
Date of Hearing.October. •5 and. 11,, 1988
Petition of ....... Matlreen.J. Joyce .....................................................
Premises affected ......95 . Main .s t , .............
Referring to the above petition fora .Party. Aggvelved
by a ruling of the Building Inspector, after consultation with the Community
Develbpinent 'Depar'tirierit;' regtiiring' a11 'dhange 'of' tenancies' in busine's's' 'or 'coinine'rcial
iiaegipeess tto obtain a special permit to alter or change uses in any legally existing
non-coriforinifng •land's �or •sttut-t•ures:.....................
" " " " " "'
After a public hearing given on the above date, the Board of Appeals voted to DENY ... the
Party aggreived dk"qm&MLUXI CW�xxx
Signed
f1�J
William Sul Evan, Acting Chairman
...........................................
Augustine Nickerson, Clerk
...........................
Walter Soule
.........................................
Louis Rissin
.................................
Board of Appeals
a
�
dnr C;)
oda reten J. Joyce
0V9'VMai�n
St.
N. Ander, MA 01845
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
_ F,"!
in the Om((e ui h,; Lown
Cle k.
Date ....October 14, 1988
Petition No... 19-89.
September 13, 1988
Date of Hearing.October. •5 and. 11,, 1988
Petition of ....... Matlreen.J. Joyce .....................................................
Premises affected ......95 . Main .s t , .............
Referring to the above petition fora .Party. Aggvelved
by a ruling of the Building Inspector, after consultation with the Community
Develbpinent 'Depar'tirierit;' regtiiring' a11 'dhange 'of' tenancies' in busine's's' 'or 'coinine'rcial
iiaegipeess tto obtain a special permit to alter or change uses in any legally existing
non-coriforinifng •land's �or •sttut-t•ures:.....................
" " " " " "'
After a public hearing given on the above date, the Board of Appeals voted to DENY ... the
Party aggreived dk"qm&MLUXI CW�xxx
Signed
f1�J
William Sul Evan, Acting Chairman
...........................................
Augustine Nickerson, Clerk
...........................
Walter Soule
.........................................
Louis Rissin
.................................
Board of Appeals
RALPH R. POYCE
VIKEN MAN UGIAN
o
,f a*� A Ayce,
ELLIS BUILDING
95 MAIN STREET
NORTH ANDOVER, MA 01845
Sb8
(649') 685-4555
September 9, 1988
TO: COMMERCIAL PROPERTY OWNERS, TOWN OF NORTH ANDOVER
I am writing the owners of business property in°the "Town
of North Andover with particular. attention tc the Downtown %
business community. I recently filed with the Board of.Appeals",_
a regdest to overrule the Building, Inspector as a party.:
aggrieved by his decision concerning my property located at the
corner of Main and First Streets. The decision sets a,precedent
and establishes a policy" which substantially. effects the
interests of every commercial. landlord in the Town. .of.North
Andover.
The Building Inspector, with the input of the':Community
Development `Department, intends_ to subject every change' -of:
tenancy on property previously issued variance and/or special.
permit by. the'Board of Appeals to further review by the Board ;
before any change of tenancy is allowed. ;Properties not.;...
previously effected by special permit and/or _variance will'be
subject to a test as to whether more or fewer -parking spaces ---
are required under the proposed use bearing in mind that the .
Town recently increased the parking requirements—for " -all
properties. The effect of this ruling subjects the majority of
tenancy changes to a special permit process before the Board
irrespective as to whether there are any moth £i ca9-sr►ns or
alterations to the building other than the simple change of
tenancy.
This policy is in violation of Massachsuetts General Laws
Chapter 40A, Section 6.which requires the Building.Inspect.or to
make a determination that "substantial detriment" exists prior
to imposing the special permit process. It further places
commercial property owners in a position where the Town Hall:._,
will tell you who you can- or cannot .rent your property -,to
regardless of whether the use is -allowed under zoning.
• C 13' a`'
t
G�
�L
This degree of municipal control is unwarranted and
unacceptable. I therefore urge your attendance at the Board of
Appeals meeting on Tuesday, evening, September 13, 1988, 7:30
P.M. at the Town Hall on Main Street at which time the Board of
Appeals will conduct a public hearing to determine the
propriety of this matter.
Trusting in your support, I remain
RRJ:mjj
cc: Pahl Sharon, Town Manager
Robert Nicetta, Building Inspector
Scott Stocking., Town Planner
Members, North Andover Board.of Appeals
**********************
*
*
Maureen J. Joyce * Petition #: 19-89
95 Main St.
*
N. Andover, MA 01845 ** DECISION
*
**********************
n
d "'3
in the Office of, the Town.
Clerk. _... _.
The Board of Appeals held a public hearing on Tuesday evening September 13,
Wednesday evening, October 5, and Tuesday evening, October 11, 1988 upon the
application of Maureen J. Joyce as a Party Aggreived by a ruling of the Building
Inspector, after consultation with the Community Development Department, re-
quiring all change of tenancies in business or commercial properties to obtain
a special permit to alter or change uses in any legally existing non -conforming
lands or structures, on the premises located at 95 Main Street. The following
members were present and voting: William Sullivan, Acting Chairman, Augustine
Nickerson, Clerk, Walter Soule and Louis Rissin.
The hearing was advertised in the North Andover Citizen on August 25 and
September 1, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted.
to DENY the Party Aggreived as requested. The Boar: finds that the interpretation
by the Building Inspector and the petitioner differ because of the poor wording of
this particular bylaw and the Board will notify the Planning Board and the Board
of Selectmen of their concerns regarding this bylaw.
BOARD OF APPEALS
..�l��e'�i�a-,moi e.�4•v�.n
William Sullivan
Acting Chairman
Dated this 14th day of October, 1988
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TOWN OF NORTH ANDOVER
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MASSACHUSETTS
BOARD OF APPEALS
**********************
*
*
Maureen J. Joyce * Petition #: 19-89
95 Main St.
*
N. Andover, MA 01845 ** DECISION
*
**********************
n
d "'3
in the Office of, the Town.
Clerk. _... _.
The Board of Appeals held a public hearing on Tuesday evening September 13,
Wednesday evening, October 5, and Tuesday evening, October 11, 1988 upon the
application of Maureen J. Joyce as a Party Aggreived by a ruling of the Building
Inspector, after consultation with the Community Development Department, re-
quiring all change of tenancies in business or commercial properties to obtain
a special permit to alter or change uses in any legally existing non -conforming
lands or structures, on the premises located at 95 Main Street. The following
members were present and voting: William Sullivan, Acting Chairman, Augustine
Nickerson, Clerk, Walter Soule and Louis Rissin.
The hearing was advertised in the North Andover Citizen on August 25 and
September 1, 1988 and all abutters were notified by regular mail.
Upon a motion made by Mr. Nickerson and seconded by Mr. Rissin, the Board voted.
to DENY the Party Aggreived as requested. The Boar: finds that the interpretation
by the Building Inspector and the petitioner differ because of the poor wording of
this particular bylaw and the Board will notify the Planning Board and the Board
of Selectmen of their concerns regarding this bylaw.
BOARD OF APPEALS
..�l��e'�i�a-,moi e.�4•v�.n
William Sullivan
Acting Chairman
Dated this 14th day of October, 1988
/awt
A-
1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
in the Oi i eke U� X11,: I'Own
Clelt
Date ....October 14, 1988 ......
Petition No... 19-89. .
September 13, 1988
Date of Hearing•October. .5 and. 11,, 1988
Petition of ....... Maureen,J.. Joyce ...........................................:.........
Premises affected ......95 . Main . S t , ....................................................
Referring to the above petition fora PaTty..AggrP'jyed
by a ruling of the Building Inspector, after consultation with the Community
IIevelopmerit 'Department; 'regtiiring' all: 'change 'of ' tenancies' in' bdsines's' 'or 'comine'rcial
roe ties tto obtain a special permit to alter or change uses in any legally existing
�s perms
.................,....................
non-confo'rmi'ng 'lands' 'or 'sfruc�tures.
After a public hearing given on the above date, the Board of Appeals voted to DENY ......: the
Party aggreived
. . .................................... hX4lldlfe't�t#XC[AC��XXX
�[4RX4�A�4t4i�R�4A4X14P�i X
Signed f/��
William Sul ivan, Acting Chairman
.........................
x Augustine Nickerson, Clerk
k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
R �C71T,TD Walter Soule
.......................:................
Louis Rissin
OCT 1.7 1QRR
........................................
BUfLDIiwD HEFT. Board of Appeals
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til Z=
reem J. Joyce
p►l
sin, St.
N. Amer, MA 01845
A-
1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD Of APPEALS
NOTICE OF DECISION
in the Oi i eke U� X11,: I'Own
Clelt
Date ....October 14, 1988 ......
Petition No... 19-89. .
September 13, 1988
Date of Hearing•October. .5 and. 11,, 1988
Petition of ....... Maureen,J.. Joyce ...........................................:.........
Premises affected ......95 . Main . S t , ....................................................
Referring to the above petition fora PaTty..AggrP'jyed
by a ruling of the Building Inspector, after consultation with the Community
IIevelopmerit 'Department; 'regtiiring' all: 'change 'of ' tenancies' in' bdsines's' 'or 'comine'rcial
roe ties tto obtain a special permit to alter or change uses in any legally existing
�s perms
.................,....................
non-confo'rmi'ng 'lands' 'or 'sfruc�tures.
After a public hearing given on the above date, the Board of Appeals voted to DENY ......: the
Party aggreived
. . .................................... hX4lldlfe't�t#XC[AC��XXX
�[4RX4�A�4t4i�R�4A4X14P�i X
Signed f/��
William Sul ivan, Acting Chairman
.........................
x Augustine Nickerson, Clerk
k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
R �C71T,TD Walter Soule
.......................:................
Louis Rissin
OCT 1.7 1QRR
........................................
BUfLDIiwD HEFT. Board of Appeals