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HomeMy WebLinkAboutMiscellaneous - 95 MAIN STREET 4/30/2018i l m qr- a u 0 00 .S Ol 0 r 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&it;' 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= 'n, 00 poRTH • •,. o F n N F p!fCE •-+ x ='ham 1' in the Office of the Town. Clerk. �. ..-. .. N - c -3 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 /awt ( C7L7 C= NORTH Cl' W L»y v OF " -1 O Lai SSAC HUSE O pNp 8-- TOWN OF NORTH ANDOVER c.� m 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 a � nus _-y u.i 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