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Home My WebLink AboutMiscellaneous - 99 MIDDLESEX STREET 4/30/2018 (3)9 j d te s e - 'Pit C> �5: Y THOMAS J. UR13ELIS E-MAIL: tju@ufb.com a URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 June 20, 2001 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 JUN 2 5 2001 BOARD OF APPEALS P Andover Office Telephone 978-475-455" 6 2C RE: LICCIARDELLO V. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS, ET AL Dear Members of the Board: Enclosed is a copy of a letter dated June 18, 2001 from Attorney Shaheen's office to the clerk along with the referenced Stipulation of Dismissal. This case, which is now over, related to the plaintiff's appeal of decision no. 016-2000. Very truly yours, Thomas J rbelis Enclosures TJU/lah cc: Board of Selectmen Mark Rees Joyce Bradshaw D. Robert Nicetta s-1wp51 \workul-andove\cor esp\board of appeals.ltr-licciardello.rtf O NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01345 JOYCE RECEIVED RASHAW TOWN CLERK NORTH ANDOVER 1000 OCT 24 A 8: 52 FAX (978) 683-9542 Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Property at: 99 Middlesex Street in the office of the Town Clerk, NAME: Thomas & Marilyn Licciardello DATE: 10/16/2000 ADDRESS: 99 Middlesex Street PETITION: 016-2000 HEARING: 5/9/2000, 6/20, 7/11, 8/8, North Andover, MA 01845 9/12,10/10/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th, at 7:30 PM upon the application of Thomas & Marilyn Licciardello, 99 Middlesex Street, North Andover, MA for a Variance from Section 7, Paragraph 7.3, for a proposed addition and side setback and -rear addition and existing garage setback, in order to construct a Florida room with hot tub on a pre-existing structure. The following members were present: William J: Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre and John Pallone. Upon a motion made by Raymond Vivenzio and 2"d by Walter F. Soule, the Board voted to DENY the original variance request from the requirements of Section 7, Paragraph 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of hardship relative to circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A, Section 10.4 of the zoning bylaw; and that the applicant undertook the work to build the hot tub on said premises while requesting a continuance from the Zoning Board of Appeals, and that no building permit was obtained form the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre, abstained from voting: John Pallone. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from theterms of this Zoning Bylaw where the Board finds that owingto circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. ml/decisi ons2000/39' By order of the Z nim Bo d of Appeals, I William J. Sulliva Chairman BOARD OF APPEALS 688-9541 B[,ZLDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9 35 i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 9t' day of May, 2000 at 7:30 PM to all parties interested in the appeal of Thomas & Marilyn Licciardello, 99 Middlesex St., North Andover, MA., for a Variance from the requirements of Section 7, Paragraph 7.3, for proposed addition side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure. Said premises affected is property with frontage on the North side of 99 Middlesex St. within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William I Sullivan, Chairman Published in the Eagle Tribune on April 25, and May 2, 2000. Ml/legalnotice 2000/14 «oNoL3cCi .Nm';i?'nO ��0m'oimm�OE»:. 2.�I &a', Ly�oa� 0(D C"Q _ " ic NtJmmOCd OOUO>EGd OnN� oj=d �m "w Q a EdZtlQaUY.X c O mL 00 o p_ ._ c0 w 20 2 tz 2 cOm maU>t`CLM" 0 m tnVt pamcvmO ~ Z OCmrmo Oy Sm� N �to -'iNzzX O.a()yaE 2 c' 2 -Lo 0HNmcL° t�OmaaJyo�°nr�E:0Zx Cr _�c?m=o 2O¢NtlQ1mro.ormo�& ct�o W ZLLro¢c��mazmT0Na�>EFri� o-02Na oa_m7pO ao u) N, ;I • Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner .M -E -M -O -R -A -N -D -U -M TO: Robert Nicetta, Building Commissioner FROM: William J. Sullivan, Chairman Zoning Board of Appeals DATE: July 17, 2001 SUBJECT: Request to take appropriate action. Telephone (978) 688-9541 Fax (978) 688-9542 Upon a motion made by Walter F. Soule, and 2nd by Raymond Vivenzio for the Zoning Board of Appeals voted to write a letter directing the Building Commissioner to take appropriate action against Mr. & Mrs. Thomas Licciardello for what appears to be a zoning violation. Voting in favor of the motion William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallone, and Scott Karpinski. The Licciardello petition #016-2000 to the Zoning Board of Appeals was denied on: 10/16/2000 (copy attached). This action was taken after five months of the petitioner's request for continued public hearings. During this time of continued hearings, alternate construction was being performed that was not part of the request for relief in the petition. The Licciardello family was ill advised on the legality of this construction, which is in violation of the North Andover zoning bylaw. The petitioner (Licciardello) requested Essex Superior Court review of the Zoning Board of Appeals denial, per civil action No. 00-2023A, Lawyer (Attorney Peter G. Shaheen). Recently the petitioner's requested that the Essex Superior Court dismiss this case without prejudice (copy attached). Per a telephone conversation with Town Counsel (Attorney Thomas Urbelis) and Chairman Sullivan, concluded that construction during the continued hearings by the Licciardello family is a North Andover Building Department issue of zoning violation. Would you please inform the Board of Appeals of the current status and future action of the Building Department. Thank you. Attachment Lqc: file Ml/licciardello BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 JOYCE BRADOHAW TOWN CLERK FORTH ANDOVER 1000 OCT 2U A 8'- 52 FAX (978) 688-942 Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Property at: 99 Middlesex Street in the office of the Town Clerk NAME: Thomas & Marilyn Licciardello DATE: 10/16/2000 ADDRESS: 99 Middlesex Street PETITION: 016-2000 HEARING: 5/9/2000,6/20,7/11,8/8, North Andover, MA 01845 9/12,10/10/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th, at 7:30 PM upon the application of Thomas & Marilyn Licciardello, 99 Middlesex Street, North Andover, MA for a Variance from Section 7, Paragraph 7.3, for a proposed addition and side setback and rear addition and existing garage setback, in order to construct a Florida room with hot tub on a pre-existing structure. The following members were present: William I. Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre and John Pallone. Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule, the Board voted to DENY the original variance request from the requirements of Section 7, Paragraph 7.3 for a proposed addition and for- a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of hardship relative to circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A, Section 10.4 of the zoning bylaw, and that the applicant undertook the work to build the hot tub on said premises while requesting a continuance from the Zoning Board of Appeals, and that no building permit was obtained form the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre, abstained from voting: John Pallone. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from theterms of this Zoning Bylaw where the Board finds that owingto circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief maybe granted without substantially detrimentto the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. ml/decisions2000/39� By order ofthe Z ni=df ls, iWilliam J. SultivaChairman BOARD OF .-1PPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 THOMAS J. URBELIS E-MAIL: tju@ufb.com URBELIS, FIELDSTEEL & BAILIN, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 June 20, 2001 North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 J0UN 2 5 2001 BOARD OF APPEALS P Andover Office Telephone 978-475-455; L I,10 RE: LICCIARDELLO V. TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS, ET AL Dear Members of the Board: Enclosed is a copy of a letter dated June 18, 2001 from Attorney Shaheen's office to the clerk along with the referenced Stipulation of Dismissal. This case, which is now over, related to the plaintiff's appeal of decision no. 016-2000. Very truly yours, -4�,U�l Thomas J rbelis Enclosures TJU/lah cc: Board of Selectmen Mark Rees Joyce Bradshaw D. Robert Nicetta s'\wp51\work\n-andove\con'esp\board of appeals.ltr-licciardello.rtf PETER G.SHAHEEN' 'ADMrr ED IN INA & NH Clerk of Court Essex Superior Court 43 Appleton Way Lawrence, MA 01841 LAW OFFICE OF PETER G. SHAHEEN CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 NORTH ANDOVER, MASSACHUSETTS 01845 June 18, 2001 TEL: 978/689-0800 FAX: 978/794-0890 EtNA IL: P GS LA W @A OL. Co IN Re: Licciardello v. Town of North Andover Zoning Board of Ap eals et a Essex Superior Court Civil Action No. 00-2023A p 1 Dear Sir or Madam: Enclosed herewith for filing please find the following: 1. Stipulation of Voluntary Dismissal of Action. Thank you for your attention to this matter. SFR Enclosures CC: Thomas J. Urbelis, Esq. F:\OFFICEIWPW'MWPDOCS\PETERILMLicciardellolfile dismissa106IS.Itr 4Ve 1 ours, Stacy . Ross Secretary for Peter G. Shaheen COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION NO. 00-2023A THOMAS LICCIARDELLO and MARILYN LICCIARDELLO Plaintiffs V. TOWN OF NORTH ANDOVER, ZONING BOARD OF APPEALS OF NORTH ANDOVER, WILLIAM J. SULLIVAN, RAYMOND VIVENZIO, WALTER F. SOULE, ELLEN MCINTYRE, JOHN PALLONE, ROBERT FORD, SCOTT KARPINSKI, GEORGE EARLY, as Members of the ZONING BOARD OF APPEALS, Defendants STIPULATION OF VOLUNTARY DISMISSAL OF ACTION Pursuant to Rule 41(a)(1)(ii) of the Massachusetts Rules of Civil Procedure, the Parties hereby stipulate that this action shall be dismissed without costs. All rights of appeal are waived. This dismissal is without prejudice and is not intended to operate as an adjudication on the merits of any claim asserted in this action. Town of North Andover Thomas L'cciardell yn Licciardello, and Zoning Board of Appeals of North Andover, By: By. Thomas J.elis, Esq. BBO No. 506560 r G. Shaheen, Esq. BBO No. 453010 Urbelis, Fie dsteel & Bailin, LLP Law Office of Peter G. Shaheen 155 Federal Street 565 Turnpike Street, Suite 81 Boston, MA 02110 North Andover, MA 01845 (617) 338-2200 (978) 689-0800 Dated: June 13, 2001 s:\wp51\work\n-andove\licciardeflo\stipulation ofdismissal.doc A , \ Transcription of tape Minutes of the Meeting of October 10, 2000 Page I TapedMinutes Zoning -Board of Appeals "Minutes of the Meeting" of October 10, 8000 Transcribed from a taped recording at the ZBA meeting held on October 10, 2000 This is an excerpt only of the Thomas & Marilyn Licciardello continued petition, The entire version of the October 10, 2000 Minutes of the Meeting have been completed and signed and filed with the Town Clerk's office. CONTINUED — petition Thomas & Marilyn Licciardello, 99 Middlesex St. Chairman Sullivan stated: "We visited the site at (99 Middlesex Street) approximately 3 weeks ago, I am personally not for congesting up that area any more than it presently is; we've had that problem in that particular spot in the past". Chairman Sullivan asked the Board members if they had any questions. Chairman Sullivan stated: "I found that there was a platform put down approximately 6 to 8" above the ground and a hot tub had been placed on the platform, a big hot tub and it was, well within the rear setback probably about 10' from the rear lot line, and they also had a canopy over the top of the hot tub. There were structures there that were absolutely in violation of our bylaw and it was done at the owner's risk, as they did not wait for the ZBA to give them a variance, they took it upon themselves to do anything that they wanted to do there with some modifications". Chairman Sullivan stated: "I think that this is not proper what they have done". Chairman Sullivan asked: "does the Board have other comments to make"? Board member Vivenzio stated: "that during the course of this hearing that all of this. work was basically done and completed and without either getting a permit or obtaining in writing that no permit was necessary". Board member Vivenzio stated: "I think that is improper". Chairman Sullivan stated: "At the last meeting the Board would not allow the petitioner to withdraw because he heard thru the grapevine (if you want to call it that) that the work had already been done and that's when the Board agreed to make a site visit to find out Transcription of tape Minutes of the Meeting of October 10, 2000 Page 2 TapedMinutes what it may be and we did not allow a withdrawal at that time and we did find that all of the things that they asked for with some modification was already there". Chairman Sullivan stated: "I feel that the integrity of this Board is already questioned and I truly believe that this is an embarrassment because the petitioner has come to us with a variance in front of the Board and instead has done what they wanted to do with some modifications. They originally wanted the tub completely enclosed, however, they placed a canopy on top instead. I think there are violations of the bylaw and from the ZBA perspective I think that the Board should be citing those violations and instructing the Building Dept., and the Zoning Enforcement officer to have these things taken care of. Board member Soule stated: "that from my observation at the site it appeared to me that what the petitioner asked from the Board to give them was not what I saw on the site. Upon looking at that property it appears that they could have achieved what they wanted without zoning violations, upon many instances petitioners have asked for relief and after looking at the situation we find that zoning relief is actually minimized and I think that could be the case. What I saw was disturbing, and this is an administrative body and as an administrative body we don't have any enforcement authority, and I'm opposed to what I saw. We are required to vote on the application that we have before us which is what I choose to vote on. They can come back to this Board in some future time with what they have, but what they have now is in total violation of the zoning in this community. The Board discussed if they previously voted to accept the withdrawal without prejudice. Chairman Sullivan stated: "the Board voted to deny the request for the withdrawal based on the condition that the Board make a site visit first". Chairman Sullivan stated: " that based on what he heard thru the grape vine that's when he decided to make a site review. At least 3 of us sitting here right now saw the same thing and Chairman Sullivan stated: he can't justify any part of that himself'. Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule the Board voted to deny the original variance request from the requirement of S7, P 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of hardship relative to circumstance relating to soil conditions, shape, or topography of land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A, S 10.4 of the zoning bylaw, and that the applicant undertook the work to build the hot tub on said premises while requesting a continuance from the Zoning Board of appeals, and that no building permit was obtained from the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting in favor of the denial: WJS/WFS/RV, abstained from voting John Pallone. Transcription of tape Minutes of the Meeting of October 10, 2000 Page 3 TapedMinutes Chairman Sullivan stated: "that four members have voted to deny the petition. However, Ellen McIntyre stated that she was present at the meeting and therefore wanted to cast a vote in denial of the petition. Chairman Sullivan stated that this would now make the vote a five -member vote instead of only a 4 -member vote. Ellen McIntyre voted to deny the petition; therefore her name was added to the vote for a denial". Chairman Sullivan stated: "he would like to make it clear that the structure is in total violation and should be removed". Mrs. Licciardello asked to speak to the Board. "Mrs. Licciardello stated: I didn't understand why Ellen McIntyre could not have voted on the petition when previously there were not 5 members present to vote. Mrs. Licciardello stated: I did have a hardship and that it was brought into the record as my doctor submitted written documentation of the hardship". Mrs. Licciardello stated: "It is true that they did not build what was requested in the application that of an addition, it is true, we did not build an addition we built instead a hot tub on a platform or a landscape terrace which we were told many times by the Building Inspector that we could do so, according to the bylaw in Town, and we asked three times if we needed a building permit to do so and we were told we didn't because we were not building an addition only a landscape terrace. We did nothing to anger the Board and it was not our intention in any way at all, what we did was try to get what we asked for in order to take care of my health problem and because we were told that we were not going to get what we. asked for because the tension in the neighborhood would prevent it, therefore, we asked permission to put in the hot tub on a landscaped terrace". Mrs. Licciardello stated: "I wanted to understand how the voting members are allowed to vote because I may institute a lawsuit". Board member Vivenzio stated: "that the Building Inspector gave you building advise in general because you were asking for building advice in general, but nothing specific was ever submitted to him as to exactly what you were going to do, did you get something in writing from him as to what was allowed or what was not allowed"? Mrs. Licciardello. stated: "no, I did not get anything in writing". Mrs. Licciardello stated: "I asked the Building Inspector what I could do in order not to get a variance. We spoke with Mr. Nicetta and stated that although we were willing to go ahead with the landscape terrace it's not exactly what we want, however, we were willing to go ahead with it if it's all we could get. We placed the hot tub as close to the back door as we could because it's a hardship to go out of the house across the back yard in the snow to get to the hot tub". Mrs. Licciardello stated: "we've done everything as we were told to do, we even went to the office to obtain a building permit and zoning permit and we were told we didn't need Transcription of tape Minutes of the Meeting of October 10, 2000 Page 4 TapedMinutes either. If the Building Inspector said that we did need a building permit we would have gladly gotten one. The contractor twice went to the Building Department and talked with Mr. McGuire and was told that a building permit was not required. We did everything that we thought was proper in order not hurt anybody or to upset a neighbor, or upset the abutters, we did this because we wanted to have a hot tub enclosed, we couldn't have the hot tub enclosed, we never intended to upset the Board or insult you in any way but I hope you understand and I apologize". Board member Soule stated: "Mrs. Licciardello, I'm not insulted at all, here's your application, here's your drawing, if you understand the process that when you make an application to the ZBA we take action on it, if we approve it, it's for what you submitted and it has to be registered this is what we are supposed to be voting on, from my site visit that isn't what you have built apparently, however, this Board only has the authority to vote on this application, if you have a new "whatever" that's different from this then you should make a new application to the Board for of relief. I'm not voting on what I saw "over there", I hope you're not misunderstanding". Mrs. Licciardello stated: "I understood that the Board is voting on what I asked for in the application, and that's what I feel needs to be denied on, but what you're talking about the conspiracy thing...I understand that you're. voting to deny what we asked for and that's what I think needs to be denied on .... The Building Inspector, Mike McGuire, we went to see him and he told us what we could do and he admits that, so I can't understand why the Board is upset about this, and from now on I will get everything in writing". Board member Vivenzio asked Robert Nicetta if there was any question in his mind that a building permit was necessary for the structure that was built? Robert Nicetta response is inaudible. Chairman Sullivan stated: "that I would like Mrs. Licciardello to understand that the Board is not angry with what she has done, we just know that it's in violation and it should not have been done. We wish to vote and go on with the meeting and it looks as though you now have to resolve the problem with the Building Department, we could stay here all night and listen to the pros and cons of what has happened but that's not going to change what we now have in front of us". Mrs. Licciardello stated: "I understood". Chairman Sullivan stated: " I do have reasons for the Building Inspector to speak up because he thought that he was being put on the spot, but I think that now we need to make a motion". Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule, the Board voted to deny the original variance request from the requirement of S7, P 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of Transcription of tape Minutes of the Meering of October 10, 2000 Page 5 TapedMinutes hardship relative to circumstance relating to soil conditions, shape, or topography of land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A, S 10.4 of the zoning bylaw, and that the applicant undertook the work to build the hot tub on said premises while requesting a continuance from the Zoning Board of appeals, and that no building permit was obtained from the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting: WJS/WFS/RV/EM, abstained from voting John Pallone. Please Note: Because the acoustics at the Senior Center are very poor any person(s) wishing to be heard clearly, by the assembly need to step forward and approach the Board in order for their comments to be picked up clearly on the microphone. Approved, William J. ullivan, Chairman MUtapedMinutes Page - 1 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 The Minutes of the Meeting: July 10, 2001 Zoning Board of Appeals Senior Center, 120R Main Street North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, July 10, 2001 at the Senior Center. The following members were present: William J. Sullivan, Chairman; Walter F. Soule, Vice Chairman: Raymond Vivenzio: Clerk, Robert Ford, John Pallone, Scott Karpinski, Ellen McIntyre, George Earley. NEW BUSINESS: • The Board voted to approve the Minutes of the Meeting for June 12, 2001, voting in favor: WJS/WFS/RV/JP/EM. • Upon a motion made by Walter F. Soule, and 2°d by Raymond Vivenzio the Zoning Board of Appeals voted to write a letter directing the Building Commissioner to take appropriate action against Mr. & Mrs. Thomas Licciardello for what appears to be a zoning violation. Voting in favor of the motion: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallone, and Scott Karpinski. The Licciardello petition #016-2000 to the Zoning Board of Appeals was denied on: 10/16/2000 (copy attached). This action was taken after five months of the petitioner's request for continued public hearings. During this time of continued hearings, alternate construction was being performed that was not part of the request for relief in the petition. The Licciardello family was ill advised on the legality of this construction, which is in violation of the North Andover zoning bylaw. The petitioner (Licciardello) requested Essex Superior Court review of the Zoning Board of Appeals denial, per civil action No. 00-2023A, Lawyer (Attorney Peter G. Shaheen). Recently the petitioner's requested that the Essex Superior Court dismiss this case without prejudice (copy attached). Per a telephone conversation with Town Counsel (Attorney Thomas Urbelis) and Chairman Sullivan, concluded that construction during the continued hearings by the Licciardello family is a North Andover Building Department issue of zoning violation. Would you please inform the Board of Appeals of the current status and future action of the Building Department. Page - 2 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 William J. Sullivan, Chairman, explained the procedure of the meeting to the assembly. CONTINUED: Property owner's of Foxwood Drive & Weyland Circle. Attorney Senior sent a letter requesting to continue until the next ZBA meeting of August 14, 2001. Upon a motion made by: Raymond Vivenzio and 2"d by John Pallone the Board voted to allow the petitioner to continue until the August 14, 2001 meeting. Voting in favor: WJS/WFS/RV/JP/SK CONTINUED: Don Gianquitto, for premises at: Lawrence Municipal Airport, 492 Sutton Street Upon a motion made by Scott Karpinski and 2"d by John Pallone, the Board voted to allow the petitioner to continue until the August 14, 2001 meeting. Voting in favor: WJS/WFS/RF/JP/EM. CONTINUED: Terra Properties LLC, for premises at: 200 Chickering Road. The Condo Association representative stated that they were waiting for their attorney to arrive, therefore, they requested to be heard later in the evening. CONTINUED: Tyler Munroe, 303-305 Sutton Street, Tyler Munroe was present to represent himself. Mr. Munroe stated that he revised his Plan of Land and distributed copies to the Board and he stated that the parking was revised in order to gain better access to the street. A short discussion ensued between the Board and Mr. Munroe regarding the revised plan. Upon a motion made by George Earley and 2"d by Walter F. Soule the Board voted to GRANT a dimensional Variance for relief of a front setback of 17', right side setbacks of 7' and 13', left side setback of 8', a rear setback for existing garage of 20' in order to allow for the addition of a shed dormer to the 3rd floor residential structure in accordance with the Plan of Land by: Scott L. Giles, #13972, 50 Deer Meadow Rd. North Andover, MA, dated: 6/29/2001. The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances Page - 3 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Within the same motion the Board voted to GRANT a Special Permit to allow for the conversion of an existing 2 family structure into a 3 unit residential dwelling structure. and to allow for the addition of the non -conforming structure on a non -conforming lot, in accordance with the above mentioned plan of land by Scott L. Giles, dated 6/29/2001. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Voting in favor: WJS/WFS/RF/JP/GE. PUBLIC HEARING: Marc Rudick,1048 Great Pond Road Raymond Vivenzio read the legal notice. Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 10th of July, 2001, at 7:30 PM to all parties interested in the appeal of Marc Rudick, 1048 Great Pond Road, North Andover, MA requesting a Special Permit (within the Watershed) from Section 9, Paragraph 9.2 to allow for the altering/rebuilding of an addition of a family room and garage on a pre-existing dwelling, therefore, having 3 dwellings on one parcel, on a on -conforming lot. Said premises affected is property with frontage on the East side of 1048 Great Pond Road, within the R-1 zoning district. Mr. Watson, contractor, was present to represent the petitioner. A discussion ensued between the Board and Mr. Watson regarding the new Plan of Land submitted at tonight's meeting and how it varied from the Plan of Land that was originally submitted by Mr. Watson on behalf of the petitioner at the December 12, 2000 Zoning Board of Appeals meeting. Raymond Vivenzio read a letter from Mr. & Mrs. French, abutters, stating they are in approval of the request for a special permit (letter for the record). Upon a motion made by Raymond Vivenzio, and 2nd by Walter F. Soule the Board voted to GRANT a Special Permit as requested to allow for the altering/rebuilding of an addition of a family room and garage on a pre-existing dwelling, in accordance with the Plan of Land by: Craig A. Vancura, PLS, #36127, Hancock Survey Associates, Inc. 235 Newbury Street, Danvers, MA 01923, dated: 6/5/2001. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be Page - 4 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 substantially more detrimental than the existing non -conforming structure to the neighborhood. Voting in favor: WFS/RV/RF/EM/GE. Reference a previous decision petition number 4039-2000 in the ZBA file. CONTINUED: Terra Properties LLC, for premises at: 200 Chickering Road. Mr. Minicucci was present to make a presentation on behalf of Terra Properties. He stated that as a result of negotiations that have been on-going he has made a lot of changes on the Plan of Land. He stated that because the main entry was on Chickering Road it was not possible to cross the wetland. Mr. Minicucci met with the Trustees of the Reservation and they are concerned that the street line would be interrupted if the trees were cut down. Mr. Minicucci consolidated building 5 and 6 and was able to allow for more additional parking spaces for 126 units instead of the original 132 units. Mr. Minicucci stated that he has improved the esthetic look to the entryway from the street and added a gazebo, bridge, etc. Mr. Minicucci made a presentation regarding the number of children and the number of students that would be living in the complex. Mr. Minicucci did a parking study and looked at some of the communities that had parking ratios similar to North Andover's community based on one bedroom = one parking space; 2 bedrooms = 1.5 parking spaces. VHB, an outside consulting company, submitted a letter to the Board and Mr. Minicucci responded to the issue. Chairman Sullivan stated that he had input from other North Andover Town Boards such as: Health, Planning, Conservation, Police, Fire, and stated that he would submit a copy of the documents to Mr. Minicucci. Chairman Sullivan stated that he would send a letter to Mr. Minicucci regarding what the specific issues are relative to low or moderate income conditions. • Issues such as: What was the formula to figure the median income in North Andover? • Is it possible to extend the length of time from 15 to 25 years for moderate - income families? • Who will be eligible for the units? A long discussion ensued between the Board and Mr. Minicucci regarding funding for the units and eligibility relative to the units. Chairman Sullivan asked if anyone was present in opposition. Leslie Lopez, Heritage Green, was present to object, she presented a map and pointed out the high-density traffic in the area, there are many clusters of high-density traffic. 17 Page - 5 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 She stated that most people don't have any choice but to use Rte. #125 and the area is very congested at 5:OOPM. The high-density traffic affects Rte. #114, and Mass Ave. as well. The abutter's were also concerned about the property value of the current homes at Heritage Green. Mr. Minicucci stated that the affordable housing would be priced at $150,000 and the new units would be priced at $225,000. • Attorney Borenstein, 12 Chestnut Street, was present to represent the Condo Association. • He asked for an updated traffic analysis. • He asked if Farwood Ave. would tie into the water main and into sewer. • How long will the affordable units be tied in and for how many years. Mr. Minicucci agreed to give Atty. Borenstein an extra set of plans. What is the distance between Farwood Ave. and the new development? Response was 25'. The representative for the Condo Association stated that the view would change because the trees will have to be removed. Ms. Vera Curcio was present and stated that a situation has existed since 1996 and she proceeded to read a letter regarding MGL, Chapter 40B, (letter for the record). Ms. Curcio submitted a petition with 200 signatures in opposition of the Comprehensive Permit. Mr. Smith, 16 Edgelawn Ave. was present and stated his concerns regarding the drainage problems and stated that these problems have not been addressed and would like them to be addressed at tonight's meeting. Mr. David Renney, 200 Chickering Road was present and stated that the property at 200 Chickering Road was approved when he wanted to build it as a mall several years ago. Robert Nicetta, Building Commissioner, stated that a Mass Highway permit must be produced at the Building Department before any building will be allowed to commence. Upon a motion made by John Pallone and 2nd by George Earley the Board voted to continue the petition until the meeting of August 14, 2001. Voting in favor: WJS/RF/JP/GE/EM. Please note: Raymond Vivenzio and Robert Ford left the meeting at 9:30 PM, therefore, they did not hear the following petitions. Page - 6 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 PUBLIC HEARING: Nancy Flanz, 75 Crossbow Lane. Walter F. Soule read the legal notice. Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 10th of July, 2001, at 7:30 PM to all parties interested in the appeal of Nancy Flanz, 75 Crossbow Lane, North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.3 for relief of a side setback in order to construct a library, closet, & basement and for a Special Permit from Section 9, Paragraph 9.2 to extend and alter the use of a structure on a non -conforming lot. Said premises affected is property with frontage on the West side of 75 Crossbow Lane within the R-1 zoning district. Mr. Flanz was present to explain how he wanted to build the proposed addition. A short discussion ensued between the Board and Mr. Flanz regarding the Plan of Land and the proposed addition. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to GRANT a dimensional Variance for relief of an East side setback of 12.6' in order to construct a library, closet & basement in accordance with the Plan of Land by: James E. Franklin, PLS, #37045, New England Engineering Services, Inc. 60 Beechwood Drive, North Andover, MA., dated: 5/31/2001. The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Within the same motion the Board voted to GRANT a Special Permit to allow for the said addition of 880 s.f. (equal to 38%) in order to alter the use of a structure on a non -conforming lot., in accordance with the above mentioned Plan of Land by: James E. Franklin, PLS, dated 5/31/2001. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9.2 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Voting in favor: WJS/WFS/JP/SK/GE. PUBLIC HEARING: Ravi & Sarita Kaniolia,150 Old Farm Road. Walter F. Soule read the legal notice. Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 10th of July, 2001, at 7:30 PM to all parties interested in the appeal of Ravi & Sarita Kanjolia, 150 Old Farm Road, North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7.3 for relief of a side setback in order Page - 7 Zoning Board of Appeals Minutes of the Meeting for July 10, 2001 to construct a 2 car garage at the street level. Said premises affected is property with frontage on the East side of Old Farm Road within the R-2 zoning district. Mr. Kanjolia was present to represent himself. A long discussion ensued between Mr. Kanjolia and the Board relative to his Plan of Land and where the least detrimental location would be relative to the requested addition of the two stall garage. Mr. Kanjolia presented a wetland study to the Board; however, Mr. Kanjolia will still need approval from the Conservation Department in order to proceed with his requested proposed addition of a 2 -stall garage. Attorney, Tim Hanson, Andover, was present to represent Mr.& Mrs. Axelrod, abutter to Mr. Kanjolia. Atty. Hanson stated that a house was "squeezed" on the lot and also the house was purchased at auction. The lot was supposed to be an unbuildable lot. Mr.. & Mrs. Axelrod would like the 2 stall garages to be built on the back of the house instead of on the side of the house. A discussion ensured between Atty. Hanson and the Board regarding how the house was built in regard to the wetland. Chairman Sullivan stated that he would like to continue this petition at next month's ZBA meeting and also he would like to discuss the issue of the wetland with Brian LaGrasse. Walter F. Soule made a motion to continue the petition until next month's July 14, 2001 meeting. Voting in favor: WJS/WFS/JP/SK/EM. The Board voted to adjourn the meeting at approximately 10:00 PM, voting in favor: WJS/WFS/JP/SK/EM. By order of the Zoning Board of Appeals, William J. Sullivan, Chairman Ml/July2001 Minutes 0 TOWN OF NORTH ANDOVER OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMORANDUM TO: Mark Rees, Town Manager I— "s Ap, 4�' Telephone (978) 688-9545 FAX (978) 688-9542 FROM: Michael McGuire, Local Building Inspector DATE: 12/1/00 ZA 1� 2 RE: Tom Licciardello S e 99 Middlesex St. Hot tub/deck installation In regards to the above noted property the Licciardello's were sent a cease and desist on the use of the hot tub on September 18, 2000, a copy of which is enclosed. On September 21 an electrical permit was issued and an inspection was performed by the electrical inspector and was approved, a copy of which is attached. As of this date no building permit has been applied for. Also attached you will find a letter from myself to Mr. Nicetta regarding the history of this address. The situation at this time remains open. Cc William J. Scott, Director, Community Development & Services James Xenakis, Chairman, Board of Selectman D. Robert Nicetta, Building Commissioner file Post -it® Fax Note 7671 Date/Z pages® To yy From Co./Dept. Co. Phone # Phone # 0 c Fax # ? 7?_ �� _ a O 8 Fax # f - Thomas & Marilyn Licciardello 99 Middlesex St. North Andover, MA 01845 Dear Mr. & Mrs. Licciardello, September 18, 2000 Please accept this letter as an official cease and desist on the use of your hot tub immediately for your safety. Upon the inspection of 9/14/00 and subsequent research it has been discovered that there has been no permit for the electrical work that has been done. This is a very dangerous situation as you could be electrocuted. Please be further advised that building and electrical permits will need to be applied for and inspections will have to be performed so that you may continue to utilize the hottub. Respectfully, Michael McGuire Local Building Inspector { A� j MORiN :3'J�X-pT Town of NORTH ANDOVER k z BUILDING PERMIT INSPECTION REPORT PERMIT NO.:— PROJECT: ,INSPECTION DATE: - UNIT NO.: ATE:UNITNO.: FLOOR: WING: BUILDING NO.: REMARKS: n tan 2 4'C le C' X Q. V'1 -04 JSC• k A-) I.A 00 1 aI l� �P c.f /t "ca l C "q Cl C. CC -1r12(.' Excavation - depth and soil conditions Framing - Other: Date: Date: Date: Inspector Inspector Inspector Footings and foundations and drains - Insulation - Other: Date: Date: Date: Inspector Inspector Inspector Electrical - rough - Plumbing and/or gas - rough - Other: Date: Date: Date: Inspector Inspector Inspector Electrical - final Plumbing and/or gas -final Other: Date: Date: Date: Inspector Inspector Inspector Fire Dept - oil burner, tank, stove, smoke detectors Final inspection Certificate of Use and Occupancy Date: Date: Date: C of 0 # Inspector Inspector Inspector Form 1995 Action Press, 685-7000 TOWN OF NORTH ANDOVFR OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Thomas & Marilyn Licciardello 99 Middlesex St. North Andover, MA 01845 Dear Mr. & Mrs. Licciardello, Telephone (978) 688-9545 FAX (978) 688-9542 September 18, 2000 Please accept this letter as an official cease and desist on the use of your hot tub immediately for your safety. Upon the inspection of 9/14/00 and subsequent research it has been discovered that there has been no permit for the electrical work that has been done. This is a very dangerous situation as you could be electrocuted. Please be further advised that building and electrical permits will need to be applied for and inspections will have to be performed so that you may continue to utilize the hottub. lam„ Respectfully, Michael McGuire Local Building Inspector i 6��-9i4 i S '°8-9545 CUitiSE SERVATION , i0 i A N1 �- J ` i ; i Bt..'I_Di�`ti <w C8S-) r.E:1 , . o:.. r: -a' i L: ti; i 6 f -y. 3 MEMORANDUM To: D. Robert Niccetta Building Commissioner From: Michael McGuire VU WILCs---✓ Local Building Inspector Date: September 14, 2000 Re: Tom Licciardello 99 Middlesex St. The following is my best recollection of the chain of events in regards to the above noted address: In mid or late March Mr. Licciardello came in and inquired about putting a 14 x 18 foot, 1 story addition on the rear of his dwelling. At that time I informed him that I will need a certified plot plan in order to have him go before the Board of Appeals as his structure is preexisting nonconforming due to side and rear setbacks. I received his plot plan `and issued a denial for rear and side setbacks on the subject property on April 4, 2000. A Zoning Board hearing was held on May 9* of 2000 and was continued for 1 month by request from Kathryn M. Tannert Niang an abutter. She was in the process of obtaining a certified plot plan of her property as she felt that the proposed addition would encroach on her property. Several times during the interim while waiting for the hearing Mr. Licciardello came into the office and inquired about a patio. I explained to him that patios do not require a building permit as it is not considered a structure. Sometime after he . came back in and asked about building a platform as a patio. At which time I explained to him that if he was to sit a platform of approximately the same size as the hottub (+/- I Ox 10 or l Oxl2 ) directly on the ground and had no roof or walls than I would consider it a patio. I paid no attention to the matter after this time as I was under the impression that he was looking down the road should his case be rejected by the board. I remember talking with Kevin Murphy a local contractor some time after that about a platform / patio and that was the last I heard about it until the inspection of 9/14/00. Mr. Licciardello was in the office on 9/14/00 in the morning regarding the fence he installed in his rear property and his correspondence with Ms. Niang and their ongoing dispute, which I informed him that it was a civil matter between them. Mr Licciardello then asked if I was aware of last nights meeting which I stated I was not, but was asked by you to visit the site at 10:0 AM. Cc William J. Scott Director, Community Development & Services James Xenakis Chairman, Board of Selectman William Sullivan Chairman, Board of Appeals Tom Licciardello, Homeowner file 4 Town of North Andover V, Office of the Zoning Board of Appeals Community Development and Services Division William J. Scott, Division. Director 27 Charles Street D. Robert Nicetta North Andover, Massachusetts 01845 Building Commissioner via FAX M -E -M -O TO: Thomas Urbelis, Esq. FROM: Mary Leary-Ippolito ZBA Secretary DATE: 11/14/2000 SUBJECT: Four waivers attached. Telephone (978) 688-9541 Fax (978)688-9542 Per our phone conversation of 11/14/2000, I'm faxing copies of waivers to your attention that Mr. Thomas Licciardello signed at the Zoning Board meetings. MI/timewaiver Post -it® Fax Note 7671 Date // pages � �7 To a n S / j t� Fro Co./Dept. Co. -36 Phone # Phone # J %O & Fax # 1 - 3M , la Fax # / a j R(IART) OF .APPRAT C ARRAi41 RT.TTT.T)TNG CRR_9545 (.()NJgFRVATT()W CRR_9S10 TTF.AT TTd FRR_9i,10 PT.ANNTNC, 6RR 9515 Of ,ORTh SSACHU74i NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEAL., -,7 CHARLES Sit E:T NORT AI—COVE , NLASSACH- is i TS 013: Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 FA`<(973)653-9<1l Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: p A �y, 6114 ,/ / STREET. TOWN: NAME OF PETITIO Signed: a tioner (or petitioner's representative) /I 71/,C'e.` ,e ell, Z 40 10.4 Variance and Appeals .- The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this.Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw, MVvartance . _ cc,..,Ez f: ORTH 1 0 ; ti O ti t o � SS�CHUSQ{ NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEALS 27 CHARLES STRF�T NORTH AA _DOVER, MI ASSACHUSE- TS 01815 -'(9-8) 688-9542 Date:' TO: Town of North Andover , Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: C,, STREET: /'9 �?' TOWN: r NAME OF PETITIONER: l U petitioner (or petitioner's representative) 10.4 Variance and Appeals .= The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance BO.-=- OF .z.. E. LS 533-0'-' . _,_DI"'iCS 6SS-- -a5 CO lSER'i =.T N „-9f - '' >;. P iG o3 _;fi ..._..-.,.� � 63„-. 0 L.-.N?vi'NG 6SS-9=3- I /MORTH NORTH ANDOVER OFFICE OF THE ZONLNG BOARD OF APPEAL. . 2', CHARLES STREET NORTH A�S,IDOVTR, NIASSACHliSETTS 01545 Date: I ,/I-) d v u TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 FAX (978) 683-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: STREET: q q TOWN: NAME OF PETITION�FF: 'i Sianed: petitioner (or petitioner's representative) 10.4 Variance and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance 02..j BO-F� OF .-3°��LS h3S-95-1 KILDINGS 6SS-95a5 CONSERVATION62s-9130 'r.7 11.TH 533-9:-10 PLA.`N-I\G 6SS-q::: .. �. w �' , -. .._ ,._ y, ... .. � ,. COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: ESSEX SUPERIOR COURT CIVIL ACTION NO. 00-2023A THOMAS LICCIARDELLO AND MARILYN ) LICCIARDELLO ) Plaintiffs ) VS. ) TOWN OF NORTH ANDOVER, ZONING ) BOARD OF APPEALS OF NORTH ANDOVER, ) William J. Sullivan, Raymond Vivenzio, ) Walter F. Soule, Ellen McIntyre, John Pallone, Robert ) Ford, Scott Karpinski, George Early ) as members of the ) ZONING BOARD OF APPEALS ) Defendants ) AMENDED COMPLAINT NATURE OF THIS ACTION This is an appeal, pursuant to G.L. c. 40A, § 17, from the decision of the North Andover Board of Appeals filed with the Town Clerk on October 24, 2000, denying the Plaintiffs' request for a variance. PARTIES 1. Thomas and Marilyn Licciardello are husband and wife residing at 99 Middlesex Street in North Andover, Massachusetts. (hereinafter collectively referred to as ("the Licciardello's"). The Licciardello's are the owners of property in question which is located at on 99 Middlesex Street, North Andover, Massachusetts. 2. The Town of North Andover is a duly organized municipal corporation under the laws of the Commonwealth of Massachusetts with its principal office at 120 Main Street, North Andover, Massachusetts. 3. The Zoning Board of Appeals of the Town of North Andover is a duly constituted board of the Town of North Andover, with its office at 27 Charles Street, North Andover, Massachusetts. 4. Raymond Vivenzio is a member of the Board of Appeals of North Andover and resides at 11 Appledore Lane, North Andover, MA 01845. 5. William J. Sullivan is a member of the Board of Appeals of North Andover and resides at 405 Salem Street, North Andover, MA 01845. 6. Walter F. Soule is a member of the Board of Appeals of North Andover and resides at 70 Raleigh Tavern Lane, North Andover, MA 01845. 7. George Earley is a member of the Board of Appeals of North Andover and resides at 125 Lyman Road, North Andover, MA 01845. 8. Ellen McIntyre is a member of the Board of Appeals of North Andover and resides at 23 Tanglewood Lane, North Andover, MA 01845. 9. Robert Ford is a member of the Board of Appeals of North Andover and resides at 89 Bear Hill Road, North Andover, MA 01845. 10. Scott Karpinski is a member of the Board of Appeals of North Andover and resides at 691 Forest Street, North Andover, MA 01845. STATEMENT OF FACTS 11. The plaintiffs incorporate by reference the statements contained in paragraphs 1 through 10 above. 12. The Licciardello's own a certain parcel of property located 99 Middlesex Street in North Andover, (hereinafter, the "Property"). Said Property is more particularly described in a deed recorded at the Essex County Registry of Deeds at Book 1781 and Page 41. 13. The Property is located in the R-4 zoning district. The R-4 zoning district allows for residential uses only. 14. On or about April of 2000 the Plaintiffs filed an application for relief from the zoning ordinance with the ZBA. This application sought a variance from the requirements of section 7 paragraph 7.3 table 2 of the zoning bylaws in order to allow the Plaintiffs to construct an 18 foot by 14 foot "Florida Room" on the rear of their home. A copy of Plaintiffs' application is attached hereto as Exhibit A. 15. On May 9, 2000, a hearing was held by the ZBA to consider the Plaintiffs' request. The ZBA continued the hearing on the Plaintiff s petition to June 20, 2000 in order to conduct a site visit. 16. Despite the ZBA's promise to conduct a site visit, in fact they did not conduct a site visit. At the hearing on June 20, 2000, the ZBA continued the Plaintiff's hearing to July I Vh because the Board did not have five members present who first heard Plaintiffs application. The ZBA then continued the Plaintiff s hearing again on July 11"', August 8" and September 12' all for the same reason. 17. Finally on October 10, 2000, the ZBA, with only four of the original five members present, voted to deny Plaintiff's application. A copy of the ZBA decision is attached hereto as Exhibit B. 18. The ZBA's decision is arbitrary and capricious and exceeds their authority. 19. The ZBA's decision incorrectly states that the Plaintiffs' built a hot tub on their property while requesting continuances from the ZBA. In fact, the Plaintiffs did not build a hot tub. The decision further states that the hot tub was built without a building permit having been obtained. In fact, no building permit is required. 20. The ZBA's decision states that the Plaintiffs' hot tub is a structure in violation of the zoning by-law. In fact, the Plaintiffs' hot tub is not a structure and therefore not subject to the zoning by-laws. 21. The ZBA failed to render its decision within 100 days of the Plaintiffs' filing of their application and therefore, pursuant to G.L. chapter 40A §15, the Plaintiffs' application is deemed granted. PRAYER FOR RELIEF Plaintiffs respectfully pray that the Honorable Court: 1. Vacate the decision of October 16, 2000 of the North Andover Zoning Board of Appeals; 2. Declare that the variance requested by the Plaintiffs is valid and in effect; and 3. Enter such other and further relief as may be just. WHEREFORE, the Plaintiffs demand a jury trial. Dated: November 14, 2000 F:\OFFIMWPWIMWPDOCSXPE 'ER\LMLieciardello\Licciardello compWnt.wpd Submitted, Plaint ffs, Thomas and Marilyn iardello by thyirVttorney, Yeter G. Shaheen, Esq., BBO#453010 Law Office of Peter G. Shaheen 565 Turnpike Street, Suite 81 North Andover, MA 01845 978-689-0800 ey4tbli- A c Received by Town Clerk: TOWNI OF NORTH ANDOVER L'YLaSSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONLNG ORDUNANCE Applicant 7l1crw�S tivtARSLyng �,CC tAad//�uddress dict Mi DheF�c-x S-. _IVOMW A 1JJ*Y;0 R Te!. No. 9 7 5 - ( 4S - 71 17 1. Applicant is hereby made: 2 a) For a variance from the requirements of Section 2 X �' Para-,,.-anh -7-S and Table c;?- of the Zoning Bylaws. 'Y b) For a Special Permit under Section Paragaph ` of the Zoning Bvlaws c) As a Party Aggrieved, for review of a derision rnade by the Budding, Inspector or other authonry. 3. a) Premises affected are land and buildin_►(s�/ numbered 91 /014//4iek ' Street. b) Premises affected area property with frontage on the North ()o South ( ) East ( ) West ( ) side of 11 1>2 i WWZe-,f.e x t�-'• Street. C) Premises affected are in Zoning Distric: and the premises aiiec:ed have an areaof S, 3( �Zsquare feet and fro ntge of 3. Ownership: a) Name and address of owner (if joint ownership, give all manges): 1)9.,4 �i. �ICCiAP.(k/�� /�]i4/.JL��✓ (�. LrCC /Ni?!�E-��u Date ofPurchase_�E6 fi& Pr- vious Owner b) I. If applicant is not owner, check his/her interest in premises: Prospective Purchase. Lesser Other 2. Letter of authorization for Variance./Special Permit required 5 of .;,.... 4. Site of proposed building: /I? fiont. /y feet deep; Hei*ht �s stories; a) Appro r.'rmte date of erection Ar A a b) Occucancv or use of erch floor: t'LW tM ROOM — 140T 7o 3 C) Type of construction t %P U C/ S. Has there been a previous appeal, under tonins, on these premises'' hl 0 When 6. Description of reliefsoughi on this petition (1,AgjAti'C r OF !gr -7 -RACK fzc d) i°i2r7�rtn.�� %U ` AC,Cuo & NATO UC i7OA) OF /F' x / Y / FCD,E'IcX QMAI /27-%2e`A/t- DOF KGyn 7. Deed recorded in the Registry of Deeds in Book_.,Al -.. No. I"A� Pate Land Court Cerificate No. Book Paste The principal points upon which t base my application are as follows: (mus be stated in detail) aEA,JSL wt CtAq AN A-C7iof Lrr{STyLE (WE AKE 3vi1+ Otq-LuC nr A HOT I v 3 SAF rtrtS "i3 �W Zt 14W%e --D��i oUz '�fc�A pl Si 7b HtZ-� f' LrEy� r N ��f`/t S Tt r� b i i hT '7 G rt c. R Niti:17 ftL tiCT I ager to pay the filing fe-_, adve: rising in newspaper, and incidental expenses' . dxd eeCmc cA c� AA Signature of Petitioner (s) 6 of 8-- WORK SHEET DESCRIPTION OF VARIANCE REQUESTED ZONING DISTRICT: : Required Setback E: s,in_► Setback Me f or ,area or Are-- Requested Lot Dimension Area Soo Stree: Fronde / d C, From Setback (s) . 3 0 a? 3 Side Setback (s) Re= Setback (s) 30 / Special Permit Request: 7 of8 LIST OF PAR IitS OF INTEREST: TOWN OF NORTH ANDOVER OF r SUBJECT PROPERTY . MAP PAR # NAME ADDRESS ' .31 THOnnAs # M/tR� L ry 4 cc•r.1 / 99 �1t r D b C r�St�K 5j: ABUTTERS: 11 I f 6 pcl,- T -p -vs -T rx 57- 1 I SvbVs R. -Pre 6 TR - 2! 9 rs=x s 3 U I 1 S ry O c t Sir 1 'r A M LiL7A h -bb , 41 1I TOffr�J �i _ `til uN Po /057 r L c S ey S72 t6"> I i 6R/L E `Iq uN U 5! 3 "�" OEiry 3 CA U APAA2v "S �i_ 2' v✓1 Sr1QF IsoOlUA R , c A&LArnAF-0 6 3 I WiLC, -D. //3 StrzE-6-T ic,o.2t N S. Y6()N 7 3/ 2 i DE Nis L. C lel-rE /2 n'trL r /v S?72r�T �o20TmT2 v k R 8 l aC7Ai2rC•rr4 Q' C pNaBrL .15 kk,t TO/u 7- 12,66 i ilAf C1-I^EL 6 ' CONti'OrL 9; 3/ 13V ! t(2pIJrCA T3. TANNcr2T 3S r"rCTOiJ S� 1cATHR M - 10i 3/ I g/ c LTON ! I I L Nhi ANN 32 Ig12c�-T- I 12 13 14 16: I I I 1 17 I 18 THIS CERTIFIES ONLY THAT ON C> THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INTERE AS PREPAR BY T AP LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. 1 ASSESSO OFFICE v �xh�bif � „ORTp F p Ac NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 Any appeals shall be filed NOTICE OF DECISION within (20) days afler the year 2000 date of filing ofthis notice Property at: 99 Middlesex Street in the office ofthe Town Clerk VED JOYCE R'ADSHAW TOWN CLERK NORTH ANDOVER 1000 OCT 20 A & 52 FAX (978) 683-9542 NAA E: Thomas & Marilyn Licciardello a � DATE: 10/16/2000 ADDRESS: 99 Middlesex Street PETITION: 016-2000 North Andover, MA 01845 HEARENG: 5/9n000, Eno, M 1, S's, 9/12.10110/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th, at 7:30 PM upon the application of Thomas & Marilyn Licciardello, 99 Middlesex Street, North Andover, MA for a Variance from Section 7, Paragraph 7.3, for a proposed addition and side setback and rear addition and existing garage setback, in order to construct a Florida room with hot tub on a pre-existing structure. The following members were present: William J: Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre and John Pallone. Upon a motion made by RaJTrtond Vivenzio and 2"d by Walter F. Soule, the Board voted to DENY the original variance request from the requirements of Section 7, Paragraph 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no e%idence of hardship relative to circumstances relating to soil conditions, shape,. or topography of the land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A Section P' -1 of the zumng bylaw. and that the applicant undertook the work to build the ho: tub our said pretidses wfulc requesting a continuance from the Zoning Board of Appeals, and that no building permit was obtained form the Building Department. therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2id by Walter F. Soule, voting: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McInt}Te, abstained from voting: John Pallone. 10.4 }'arfances and Appeals The Zoning Board of Appals shall have power upon appal to grant variances from the terms of this Zoning Bylaw where the Board finds that owingto circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforeemut of the provisions of this bylaw will involve substantial bardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating fiom the intent or purpose of this Bylaw. By order ofthe Z B of Appals, A,l]L William J. Sulliva Chairman ml'decisions2000'39 BOARDOr.-\PPE.V.S6XR-9�41 Bl-1LDINGS6RR-95u! CONSERVATIONMR84530 11E.U-T116,RX-95X0 PLANN1N66RR-9535 r North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 Phone (978) 688-9541 In -House distribution (decisions): Assessors Office/Town Hall Building Commissioner/Building Inspector/Mr. Nicetta/Mr. McGuire Conservation Dept./Charles St. DPW/Mr. Rand Fire Dept./Chief Dolan Health Dept./Ms Starr Planning Dept./Ms Griffin Police Dept./Chief Stanley Town Manager/Town Hall Fax (978) 688-9542 Surroundinq Town distribution (legal notices and/or decisions): Planning Dept. c/o Ms Griffin Andover/Planning Dept. Boxford/Planning Dept. Haverhill/Planning Dept. Lawrence/Planning Dept. Methuen/Planning Dept. Middleton/Planning Dept. North Reading/Planning Dept. This distribution is provided by the office of the North Andover, Zoning Board of Appeals, 8/16/2000. Ml/distribution 40 SS^CHASE NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01815 RECEIVED JOYCE BRADSHAW TOWN ERK NORTH AP! OVER 1000 OCT 2u A 8' 52 FAX (978) 688-9542 Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Property at: 99 Middlesex Street in the office of the Town Clerk. NAME: Thomas & Marilyn Licciardello DATE: 10/16/2000 ADDRESS: 99 Middlesex Street PETITION: 016-2000 HEARING: 5/9/2000, 6/20, 7/11, - North Andover, MA 01845 9/12,10/10/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th, at 7:30 PM upon the application of Thomas & Marilyn Licciardello, 99 Middlesex Street, North Andover, MA for a Variance from Section 7, Paragraph 7.3, for a proposed addition and side setback and rear addition and existing garage setback, in order to construct a Florida room with hot tub on a pre-existing structure. The following members were present: William J: Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre and John Pallone. Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule, the Board voted to DENY the original variance request from the requirements of Section 7, Paragraph 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of hardship relative to circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A, Section 10.4 of the zoning bylaw, and that the applicant undertook the work to build the hottub on said premises while requesting a continuance from the Zoning Board of Appeals, and that no building permit was obtained form the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting,: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Ellen McIntyre, abstained from voting: John Pallone. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. ml/decisions2000/39' By order of the ZQninj Bo d of Appeals, William J. Sulliva Chairman BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 633-9540 PL.ANNING 688-9535 "I M p NORTHANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS ��SSACNUSES� 01845 RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 2000 OCT 2ta A & 52 FAX (978) 688-9542 .Any appeals shall be filed NOTICE OF DECISION within (20) days after the Year 2000 date of filing of this notice Property at-. 56 Bear Hill Road in the offi ce of the Town Clerk NAME: Steve &Carolyn Royal DATE: 10/16/2000 ADDRESS: 56 Bear Hill Road PETITION: 036-2000 North Andover, MA 01845 1 HEARING: 10/1 0/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th, at 7;30 PM upon the application of Steve & Carolyn Royal, 56 Bear Hill Road, North Andover, MA for a Variance (within the watershed) from Section 7, Paragraph 7.3 for side setback in order to enclose an existing deck and convert -into a sunroom, and for a Special Permit from Section 9, Paragraph 9.2 to allow construction of said proposed addition to apre-existing non -conforming structure on anon -conforming lot within the R -I zoning district. The following members were present: William J. Sullivan, Walter F. Soule, Ellen McIntyre, and John Pallone. Upon a motion made by Walter F. Soule and 2°d by John Pallone the Board voted to GRANT a dimensional variance for relief of a side setback of 6.83' on the North comer of the property and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw, as per Plan of Land by: Jean Nysten, PLS, # 26099, Nysten Associates, Inc. 126A Pleasant Valley, St., Methuen, MA., dated: 8/26/2000, voting in favor: WJS/WFS/EM/JP. Upon a motion made by John Pallone and 2°d by Walter F. Soule the Board voted to. GRANT a Special Permit to allow to enclose an existing deck and convert into a sunroom on apre-existing non -conforming structure on a rion- conforming lot. Voting in favor: WJS/WFS/EM/JP. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board fords that owingto circumstances relating to soil conditions, shape, or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district is general, a literal enforcement of the provisions of this bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant; and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have Iapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse an d may be re-established only after notice, and a new hearing. By order of e�onin Board of Appeals, J. ull ml/decisions2000/41 William ivan , Chairman 30ARD OF ,A_?FF.US 68R-9>4: BUILDINGSO`83-9i45 C0NSERVATI0`N G83-930 HEALTH GSC-9i?0 PL.4XM v`:i 63`-9J35 0 p RECEIVED * i JOYCE BRADSHAW TOWN CLERK \ °��•�� '''`iy NORTH ANDOVER TOWN OF NORTH ANDOVER 1000 OCT 20 A 8: 52 MASSACHUSETTS BOARD OF APPEALS Any appeals shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. NAME: Kenneth Campisi ADDRESS: 134 Mablin Avenue North Andover, MA 01845 NOTICE OF DECISION Year2000 Property at: 134 Mablin Avenue . DATE: 10/16/2000 PETITION: 03.2-2000 HEARING: 9/12/2000 & 10/10/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th, at 7:30 PM upon the application of Kenneth Campisi,134 Mablin Avenue, North Andover, MA for a Variance from Section 7, Paragraph 7.3, for a front and rear setback in order to reconstruct existing dwelling of one bedroom, kitchen, 1 V2 baths, laundry room, living room and wrap around porch. Petitioner is requesting a Special Permit from Section 9, Paragraph 9.2 to alter a pre-existing non -conforming structure on a non -conforming lot. The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford and John Pallone. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to GRANT a dimensional variance for relief of a front setback of 9' and relief of a West side setback of 2.6', and relief of a rear setback of 25.2' and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, and John Pallone. Upon a motion made by Raymond Vivenzio and 2nd by John Pallone the Board voted to GRANT a Special Permit to allow for renovation of more than 25% of existing structure up to 1800 s.f., according to the Plan of Land by: John M. Abagis, PLS., #35773, 137 Chandler Road, Andover, MA, revised date: 9/19/2000. Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, Robert Ford, and John Pallone. The Board finds that the applicant has satisfied the provision of Section 9, Paragraph 9:2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the e,dsting non -conforming structure to the neighborhood. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from theterms of this Zoning Bylaw where the Board finds that owingto circumstances relatingto soil conditions, shape, ortopography ofthe land or structure and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. By order of theoar' g B and of Appeals, William J. Sullq an, Chairman mUdecisions2000/40 LI 0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS M -E -M -O -R -A -N -D -U -M TO: Robert Nicetta FROM: William J. Sullivan W jS DATE: October 16, 2000 SUBJECT: Property at 99 Middlesex Street (petition #016-2000) Please be advised that a site visit to 99 Middlesex Street was done in mid- September by the following Zoning Board of Appeals. members: Walter F. Soule, Raymond Vivenzio and myself. Upon making the site visit the following observations were made: side setback violation rear setback violation structure (platform) violation All of the issues stated are in violation of the zoning bylaw. Would you please take the appropriate steps to correct this matter. Thank you. Cc: Michael McGuire /violation 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 411.1 General: The provisions of 780 CMR 411.0 shall apply to rooms in which ribbon -type cellulose acetate or other safety film is utilized in conjunction with electric arc, xenon or other light -source projection equipment which develops hazardous gases, dust or radiation. Where cellulose nitrate film is utilized or stored, such rooms shall comply with NFiPA 40 listed in Appendix A. Every motion picture machine projecting film as mentioned within the scope of 780 CMR 411.0 shall be enclosed in a projection room. Appurtenant electrical equipment, such as rheostats, transformers and generators, shall be within the projection room or in an adjacent room of equivalent construction. There shall be posted on the outside of each projection room door and within the projection room itself, a conspicuous sign with one -inch (25 mm) block letters stating "Safety Film Only Permitted in this Room". 411.2 Construction of projection rooms: Every projection room shall be of permanent construction consistent with the construction requirements for the type of building in which the projection room is located. Openings are not required to be protected. The room shall have a floor area of not less than 80 square feet (7.44 m2) for a single machine. Each motion picture projector, floodlight, spotlight or similar piece of equipment shall have a clear working space of not less than 30 inches by 30 inches (762 mm by 762 mm) on each side and at the rear thereof, but only one such space shall be required between two adjacent projectors. The projection room and the rooms appurtenant thereto shall have a ceiling height of not less than seven feet six inches (2286 mm). The aggregate of openings for projection equipment shall not exceed 25% of the area of the wall between the projection room and the auditorium. All openings shall be provided with glass or other approved material, so as to close completely the opening: 411.3 Projection booth and equipment ventilation: Projection booths and equipment shall be ventilated in accordance with the mechanical code fisted in Appendix A. 411.4 Lighting control: Provision shall be made for control of the auditorium lighting and the means of egress lighting systems of theaters from inside of the room and from at least one other convenient point in the building as required in 780 CMR 1024.3.1. 411.5 Miscellaneous equipment: Each projection room shall be provided with rewind and film storage facilities. SPECIAL USE AND OCCUPANCY shall be enclosed in one-hour fire separation assemblies. All seats shall be permanently fixed in position and the arrangement shall comply with the requirements of 780 CMR 1012.0. 411.7 Sound stage construction: All sound stages for motion picture or television productions shall be equipped throughout with an automatic sprinkler system installed in accordance with 780 CMR 9. 780 CMR 412.0 STAGES AND PLATFORMS 412.1 Applicability: The provisions of 780 CMR 412.0 shall apply to all parts of buildings and structures which contain stages or platforms and similar appurtenances as herein defined. 412.2 Definitions: The following words and terms shall, for the purposes of 780 CMR 412.0 and as used elsewhere in 780 CMR, have the meanings shown herein. Platform: A platform is a raised area within a building for: the presentation of music, plays or other entertainment; the head table for special guests; the raised area for lectures and speakers; boxing and wrestling rings; theater -in -the -round; and similar purposes wherein there are no overhead hanging curtains, drops, scenery or stage effects other than lighting. A temporary platform is one installed for not more than 30 days. Stage: A stage is a partially enclosed portion of a building which is designed or used for the presentation of plays, demonstrations or other entertainment. A stage shall be further classified as either a legitimate stage, regular stage or thrust stage. Stage, legitimate: A stage. wherein curtains, drops, leg drops, scenery, lighting devices or other stage effects are retractable horizontally or suspended overhead. Stage, regular: A stage wherein curtains, fixed leg drops, valances, scenery. and other stage effects are hung and are not retractable. Stage, thrust: A platform extending beyond the proscenium arch and into the audience. 412.3 Stages: Stage construction shall comply with 780 CMR 412.3.1 through 412.3.9. 412.3.1 Stage floor construction: Openings through all stage floors shall be equipped with tight -fitting, solid wood trap doors not less than two inches in nominal thickness with approved safety locks or other materials of equal physical and fire endurance properties. 411.6 Screening rooms: Screening rooms shall 4123.1.1 Legitimate stages: Legitimate stages provide a seating capacity of not more than 30 shall be constructed of materials as required for persons, with not less than two approved means of floors for the type of construction, but not less egress complying with 780 CMR 10. Such rooms than Type 1B construction except that the 217/97 (Effective 2/28/97) 780 CMR - Sixth Edition 75 i 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE Area, gross cross-sectional: See 780 CMR 2102.0. Areaway (form of construction): See 780 CMR 3203.2. Attic: See 780 CMR 1202.0. Automatic: See 780 CMR 902.0. Automatic fire suppression system: See 780 CMR 902.0. Barricade: See 780 CMR 3072. Base: See 780 CMR 1612.3. Base shear. See 780 CMR 1612.3. Basement: See 780 CMR 502.0. Bay (part of a structure): See 780 CMR 16123. B.B.R.: '(Massachusetts) Board of Building Regulations and Standards. Bed joint: See 780 CMR 2102.0. Bleachers: See 780 CMR 1002.0. Blocked diaphragm: See 780 CMR 23062. Boiling point: See 780 CMR 3072. Bax system: A structural system where the vertical load is carried by bearing walls and structural framing and where the lateral stability and lateral force resisting system consists of shear walls or braced wall Brick Calcium silicate brick (sand lime brick): See 780 CMR 2102.0. Clay or shale: See 780 CMR 2102.0. Concrete brick: See 780 CMR 2102.0 Hollow brick See 780 CMR 2102.0. (Building -.-A structure enclosed within exterior wags or firewalls, built, erected .and framed of a combination of materials, whetherportable or fered having a roof, to form a structure for the shelterofpersons, animals orproperty. For the purpose of this defuiition, goof' shall include an awning or similar covering, whether or not permanent in nature T ke word "building shaft be construed where the context requires as though followed followed by the words "or parts thereof". For application of 780 CMR, each portion of a building which is completely separated from other portions by fire walls complying with 780 CMR 707.0 shall be considered as a separate building. 36 Building Code Enforcement Ojj'tdd.- The term used to collectively refer to Inspector. of Buildings, Building Commissioners, and Local Inspectors. AU building code enforcement offu lair shall meet or exceed the minimum qualifications for the position as defaced by M.G.L. c.143, § 3, and shall be cerdfced in accordance with 780 CMR R7. Building Commissioner: The Administrative chief of the building department in a municipality who is charged with the administration and enforcement of 780 CMR (See also "Inspector ofBuildings" and 780 CMR 105.0). AU building commissioners shall meet or exceed the minimum quaWwations for the position as defied in X G.L. x143 § 3 and shall be certified in accordance with 780 CMR R7. Building Component: Anysubsystem, subassembly, or other system designed for use in or as part of a structure having concealed elements such as eleetrie4 mechanical, plumbing and fire protection systems and other systems protecting health and safety. Building, egg. Any structure occupied prior to. the date of adoption of the appropriate code, or one for which a legal building permit has been issued. (See also 780 02 3400.3.1). For purposes of energy conservation requirements, a building which has been legally occupied and/or used for a period of at least five years. Building line: The line established by law, beyond which a building shall not extend, except as specifically provided by law. Building service equipment: The mechanical, electrical and elevator equipment including piping, Wig, fixtures and other accessories, which provides sanitation, lighting, heating, ventilation, fire protection and transportation facilities essential for the habitable occupancy of the building or structure for its designated occupancy. Building site: The area occupied by a building or i structure, including the yards and courts required for light and ventilation, and such areas that are prescribed for access to the street. Balk Merehandizing Retail Building: (See 780 CMR 426.0.) Mercantile Buildings where sales areas contain: L Combustible materials in piles greater than 12 fed in height, or combustible materials on pallets, in racks or on shelves where the top of storage is greater than 12 fed in height, or 780 CMR - Sixth Edition 220/98 (Effective 3/1/98) 'r A.oma; A ° ad o•. g � � � �g sM F � 5Fla U�. r , 19 =`�o �UO oPT�A,sNrA °coo'OpAaa�p°�Oa��o•�.tn� m$�rsm a�geag5. ��3.gP.V.ao.o. �<gc°go:?oo0HR�Bv o�a�7':'�+ °�°ppfDaa ?"p?cap 7AC- al E O �. S •a a" �' S �.O yoo o A �A e�"'o �.�c • c� �p -U w30o�°' cao_ao��°°y�� q cp 3 -a�w 5 3f°aa° e_M o ^a. 12 ,sty ..N.?,M�f�^f q& gn'- oo$oo .aso LF o05g 0 epr P, Mq `" � � o:a a REiz q {a ' R hog { z"u+,p p�; ° ��,,�' � 3•.� `at 8.� � r, � °ao,��o,c* �tr,��„ �� Rib. Hg. 5O. c�a�R g`N 0 Rod8�°aRo maqoo r?=� 5 cy c R• c°�� m O p �n O Z ] O p'm A O" C' <�� wv0.3 C17 �?gs°?omi�omo ewE R^ yxri�n �oo cBHaya zco Ro$o�� v "c�°, O 0 4. a o a Z .C a 3e cmw yI ^Fcv�o CD SO z mco .R maro• R e�M+ ,Oq 'b Er— g �a ° °yO Ho H 5 S a in 'z fD a^R moo 000 31,°%5 9'�. nagRli- y'm.o f° ° o ^ 5 �. e. �j•uma, om�n9 . zeadN' b"' ?�rte' .. zar��•5yR�tipa� h" 1 :.� a o�c. °zza C °'7ce o 'RzEoao•.._ Fez° °°0. a` Ro y� 00000yo ryp .� ac•Qwo"'$" , ...�wc5 O O {{-- '� H Z C 3 p• f� p' p- rn �, - p. 8 z v A A N '0 R %", p, ". Q• 'p �. c9 R O N Nv N u�d' 0 m H' a0.$8 c�, Ro S 330 decidability • deelivitous Nt! _ decide \di-'sid\ vb de -cid -ed; de•cid•ing [ME deciden, fr. MF decider, fr. deck -hand \'dek•,hand\ n (1844) : a seaman who performs I L decidere, lit., to cut off, fr. de- + caedere to cut — more at CONCISE] duties vt 040 1 : to arrive at a solution that ends uncertainty or dispute deckhouse \-,haus\ n (1856) : a superstructure on a ship's upper) about (important ... that we — borderline cases in favor of individual decking \'dek-i0\ n (1580) : DECK. also : material for a deck freedom —Milton Friedman) 2 : to bring to a definitive end (one deckle \dek•al\ n (G deckel, lit., cover, fr. decken to cover, fr, blow decided the fight) 3 : to induce to come to a choice (her pleas decchen (1816) : a frame around the edges of a mold used in ! decided him to help) — vi : to make a choice or judgment — de -cid- paper by hand; also : either of the bands around the edge of lh i • y, abil•i•ty \- sid•a-'bit-at-e\ n — de -cid -able \-'sid•a•bal\ adj — de•cid •er na papermaking machine that determine the width of the web Syn DECIDE, DETERMINE, SETTLE, RULE. RESOLVE mean (0 Come Or Cause deckle edge n (ca. 1874) : the rough untrimmed edge of Paper It to come to a conclusion. DECIDE implies previous consideration of a deckle or produced artificially — deck•le-edged \,dek-a-'lejd\qd +• 1 matter causing doubt, wavering, debate, or controversy; DETERMINE deck tennis n [fr. its being played chiefly on the decks of oceaq y \,• implies fixing the identity, character, scope, or direction of something; (1927) ; a game in which players toss a ring or quoit back am ,)„sl implies a decision reached by someone with power to end all over a net stretched across a small court -` NiETTLE I 1} . ( dispute or uncertainty; RULE implies a determination by judicial or declaim \di-'klam\ vb (ME declamen, fr. L declamare, fr. de +d =- administrative authonty; RESOLVE Implies an expressed or clear deci- from doingsomething. to cry out; akin to L colore to call —more at Low] vi r ✓'ak Sion or determination to do or refrain speak rhetorically; specif : to recite something as an exercise in de -cid -ed ad' (1790) 1 : UNQUESTIONABLE (a-�advanta e) 2 : free J g on 2 : to speak pompously or bombastically : HARANGUE ^, from doubt or wavering — de•cid•ed•ly adv — de•cid•ed•ness n deliver rhetorically; specif : to recite in elocution — de•claim•e 1.r,, de-cid•fng odj (1658) : that decides : DECISIVE (drove in the — run) dec•la•ma•tion \,dek-la-'ma-shan\ n A de -cid -us \dI-'si)-a-wa\ n. pl -u•ae \-a-,we\ [NL, fr. L, fem. of deciduus] de•clam•a-to•ry \di-'klam-a-,tor-e, -,tor-\ adj (1581) : of, relating �' (1785) 1 : the part of the mucous membrane lining the uterus that m marked by declamation or rhetorical display higher placental mammals undergoes special modifications in prepara- for during at 2 the de•clar•ant \di-'klar-ant,-'kler•\ n (1681) : one that makes a decla .` tg' tion and pregnancy and is cast off parturition : part of the mucous membrane of the uterus cast off in the process of sPecff • an alien who has declared his intention of becoming add +M •. menstruation — de-cid•u•sl \-war\ adj de•cid•u•ate \•wat\ adj (1868) : having the fetal and maternal tissues the U.S. by signing his first papers it dec•la•ra•tion \,dek•la•'ra-shan\ n 05c) 1 : the act of declaring first in firmly interlocked so that a layer of maternal tissue is torn away at NOUNCEMENT 2 a : the pleading a common-law action' statement made by a party to a legal transaction usu. not undo ]s+ " �artuntlon and forms a part of the afterbirth de•cid•u•ous adj [L deciduus, fr. decidere to fall off, fr. de- 3 a : something that is declared b : the document containing, (w \di-'sij-a-was\ + cadere to fall —more at CHANCE] (1688) 1 : falling off or shed seasonally or a( a certain stage of development in the life cycle (— declaration de•clar•a•tive \di•'klar-at-iv, -'kler-\ adl (1628) : making a declt f": j . leaves) (— teeth) 2 : having deciduous parts (— trees) 3 : EPHEM- DECLARATORY (a ^- sentence) — de•clar•a•tive•ly adv de•clar•a•to•ry \-a-,tore, -tor•\ adj (ISc) 1 serving todedy [t' ERA L—de•cid•u•ous•nessit decigram \'des-a•,gram\ n [F decigramme, fr. deci• + gramme gram] forth, or explain 2 a : declaring what is the existing law (—p ( 18 10) — see METR ICSYSTEM table b : declaringg a leggal right or interprelation (a --judgment) l` decile \'des•,II, •al\ n [L decem ten — more at TEN] (1882) : any one of declare \di--'kla(a)r,-'kle(a)r\ vb de•clared; de•clar•ing [ME ded4i �.' nine numbers that divide a frequency distribution Into 10 classes such MF declarer, fr. L declarare, fr. de- + clarare to make clear; fr! that each contains the same number of individuals; also : any one of clear — more at CLEAR] vt (14c) I obs : to make clear 2: to �fi'j these 10 classes — decile ad) known formally or explicitly 3 : to make evident : SHOW 4: R ld•�. deci•li•ter \'des-a•,let-ar\ n [F decilitre, fr. deci- + litre liter] (1801) — emphatically : AFFIRM (•�•.s his innocence) 5 : to make a full- ;'jt) see ME7RIcsysTEM (able ment of (one's taxable or dutiable property) 6 a : to annoum de•cil•lion \di -'sit -yon\ n, often aitrib (L decem + E -illion (as in mil- trump suit) in a card game b : MELD 7 : to make payable N lion)] (1947) — see NUMBER table to make a declaration 2 : to avow one's support syn see rill +.. r dec•i•mal \'des( -a) -mal\ adj [(assumed) NL decimolis, fr. ML, of a tithe, de•clar•able \-'klar-a-bol,-'kler• ad' \ J I11. 1• fr. L decima tithe — more at DIME] (1608) : numbered Or proceeding Syn DECLARE. ANNOUNCE. PUBLISH. PROCLAIM, PROMULGATE me G" by tens: a : based on the number 10; esp : expressed in or utilizing make known publicly. DECLARE implies explicitness and usu. fon ' decimal notation esp with the decimal point b : subdivded into 10th inmaking known; ANNOUNCE implies the declaration for the fits IN�-' ]i or 100th units (T coinage) — dec•i•mal•ly \-ma-le\ adv of something that is of interest or has created speculation; K 'decimal n (1651) any real number expressed in base 10; esp : DECIMAL implies making public through print; PROCLAIM implies ded _ bb FRACTION Clearly, forcefully, and authoritatively; PROMULGATE implies 141 f{ decimal fraction n (1660) ' a fraction (as .25 = 23/100 or .025 = claiming of a dogma, doctrine, or law. is/i� or mixed number (as 3.025 = 3zi/I� In which the denominator de•clar•er \di-'klar-ar,-'kler-\ n 04c) : one that declares; spedf `+qp,.' •• is a power of 10 usu. expressedby use of the decimal point bridge player who names the trump and plays both his own hap s , dec•i•mal•ize \'des(-a)-ma-,liz\ vt azed; •iz•ing (1886) : to convert to a that of the dummy adecimal system (^- currency) — dec•i•mal•iza•tion \,des(-a)-ma-la-'za< declass \(')de-'klas\ vt (1888) : to remove from a class; esp: to;1 shan\ n to a lower social status decimal notation n (184 1) : expression of a number in base 10 by using de•clas•se \,da-,klas-'a,-,klas-\ adj [ F, fr. pp. of cl&lasser toy one of the first nine integers or 0 in each place and letting each place (1903) 1 : fallen or lowered in class, rank, or social position value be a power of 10 value inferior status "t j' decimal point n (ca. 1864) : the dot at the left of a proper decimal frac- de•clas•si•fy \(')de•'klas-a•,fi\ vt (1945) : to remove or reduce the (; tion (as .678) or between the parts of a mixed number (as 3.678) ex- r tyy classification of (^ a secret document) — de•clas•si•fit j pressed by a whole number and a decimal fraction jL decimatus, deci- \(, de-,klas•a-fa-fa-'k5n #' fec•i•mate \'des -a -,mat\ vi -mat-ed; -mat-in , pp. of fr. decimus fr. deeerrl (1660) 1 to by lot de•clen•sion \di-'klen-chan\ n [prob. alter. of earlier declenson,'md !' mare, tenth, ten] : select and MF declinaison, fr. LL declination-, declinatio. fr. L, grammatu kill every tenth man of 2: to take a tenth from : TITHE 3 : to destroy flection, turning aside, fr. declinatus, pp. of declinme to infl66 t a large part of — dec•i•ma•tion \,des-a-'ma-shan\ n aside] (150 1 a : noun, adjective. or pronoun inflection esp.m q; deci•me•ter \'des-a-,met-ar\ n [F decimetre, fr. deci- deci• + metre me - prescribed order of the forms b : a class of nouns or adjectivdm let (1809)— see METRIC SYSTEM table ] de-ci-pher \di-'si-far\ vt (1545) 1 a : to convert into Intelligible form the same type of inflectional forms 2 : a fallingg off or away[! 3 de•clen•sion•al b : DECODE 2 obs : DEPICT 3 : to make out the meaning of despite RIORATION : DESCENT. SLOPE — \-'klench-n -' chan-1\adj {� indistinctness or obscurity - de•ci•pher•able \-f(a-)ra-bol\ adj — de•ci- dec•Ii•na•tion \,dek-la-'na-shan\ n [ME declinacioun, fr. MF deelgi ., pher•er \•far-ar\ n — de•ci-pher•ment \-Far-mans\ n de•ci•sion \di-'sizh•an\ n [MF, fr. L decision-. decisio, fr. decisus, pp. of fr. L declination-, declinatio turning aside, altitude of the pole](14 ? • decidere to decide] (ISc) 1 a : the act or process of deciding b : a ;angular distance north or south from the celestial equator men along a great circle passing through the celestial poles 2: a lfi determination arrived at after consideration : CONCLUSION 2 : a report Of a conclusion 3 : promptness and firmness in deciding DETER MI aside or swerving 3 DETERIORATION (moral �) 4 : a hi downward : INCLINATION 5 : a formal refusal 6 : the angle la I; NATION— de•ci•sion•al \-'sizh-nal,-an•'I\ adj decision theory n (1961) : a branch of statistical theory that attempts to between a magnetic needle and the geographical meridian —dx! tion•al \-shnal, -shan-'1\ ad' ] quantify the. rocess of makingchoices between alternatives q y Q de•ci•sive \di-si-siv\ adj (1611) 1 : having the power or quality of Ide•cline \di-'klin\ vb de•c ined; de•clin•ing [ME declinen, fr. tdf ] • deciding 2 : RESOLUTE. DETERMINED 3 : UNMISTAKABLE. U'NQUESTION de•ci•sive•ly de- cliner. fr. L declinare to turn aside, inflect, fr. de- + clinare tolncit more at LEAN] vi (14c) 1 : to turn from a straight course: sTU1 t1, ABLE (a ^- superiority) syn see CONCLUSIVE — adv — l : to slope downward : DESCEND b : to bend down : DROOP . ci•sive•ness n 'deck \'dek\ n [ME dekke covering ofa ship, deck, fr. (assumed) MD stoop to what is unworthy 3 a of a celestial body : to sink (dr n dec covering, prob. fr. MLG vordeck, fr. vordecken to cover, fr. vol- for - setting b : to draw toward a close : WANE 4 : to withhold eonsa vt 1 : to give in prescribed Order the grammatical forms of (il + decken to cover; akin to OHG decchen to cover — moreat THATCH' (1 Sc) 1 : a Platform In a ship serving usu. as a structural element and pronoun, or adjective) 2 obs a : AVERT b : AVOID 3 : toed • -N, foming the (loot for its compartments 2 : something resembling the bend or bow downward 4 a : to refuse to undertake, engagdl comply with b : to refuse courteously (^ an invitation) —dt deck of a ship: as a : a story or tier of a building In : the roadway of a bridge c : a flat floored roofless area adjoining a house d : the lid able \-'kH-na-bar\ adj of the compartment at the rear of the body Of an automobile; also : the Syn DECLINE. REFUSE, RFJECr. REPUDIATE. SPURN mean to tum aq compartment e : a layer of clouds f : TAPE DECK I In 3 a : a pack of not accepting, receiving, or considering. DECLINE often implies(a playing cards b : a packet of narcotics c : a group of usu. punched ous refusal esp. of offers or invitations: REFUSE suggests morepod " data processing cards — on deck I : ready for duty 2 : next in line ness or ungraciousness and often implies the denial of soma€ ' next In turn asked for; REJECT implies a peremptory refusal by sending as'9 'deck vt [D dekken to cover; akin (o OHG decchen] (1513) 1 obs discarding; REPUDIATE Implies a casting off or disowning as.uq Y COVER 2 a : to clothe elegantly ARRAY (—ed out in furs) b unauthorized, or unworthy of acceptance: SPURN stresses con(eq ' DECORATE (^- the halls with boughs of holly —English carol) 3 disdain in rejection or repudiation.,' ['deck] : to furnish with or as if with a deck 4 ['deck] : to knock 'decline n (14c 1 : the process of declining: a : a gradual ph4 down forcibly : FLOOR (—ed him with one punch) syn see ADORN mental sinking and wasting away b : a change to a lower slatepl deck chair n (1884) : a folding chair often having an adjustable leg rest 2 : the period during which something Is approaching its end _ decker \'dek-ar\ n (1790) : something having a deck or a specified downward slope : DECi.IvnY 4 : a wasting disease; esp : pulmo number of levels, floors, or layers — usu. used in combination (many tuberculosis syn see DETERIORATION h ?t .. of the city's buses are double-deckers) de•clivi•tous \di-'kliv-at-as\ adj (1799) : moderately steep ..,1 'ION b cIek-a- decus ,to 2. honor) n. N dek ORNA Day i EMORD e Vcfek purel) Welk. IS Is Or ex id�'.(19: ,'dek-a ice; aki y Pdei pathology • pattern 863 .xclusive right to make, UIGo) i•agy \-je\ n. pl -gies [NL parhologgia & MF pathologie, IF. Gk pair-, pater father (1605) ; one who loves his country and supports its x right so granted c :.s to study of the emotions, fr. path- + to is -logy) ] E 4 : an instrument in"AM-lj' Jhestudy of the essential nature of deases and esp. Of the structural authority and interests y land so conveyed 5 : PA functional changes produced by them 2 : something abnormal: paMotism\ 2 :tbefitting Orr characteristic ofda patriot 1 : in, i,e cd I• t t he anatomic and physiologic deviations from the normal that con- I t a patent right to 2 : to a disease or characterize a particular disease b : deviation from pa tri oktismle� as v :nt 3 : to obtain or secure "'ety or from an assumed normal state of something nonliving or devotion to one's countryam, chiefly Brit 'pa-\ n (ca. 1726) : love for or exclusive right to makei;?►14 ateriai Patriots' Day n (1894) : the third Monday in April observed as a legal t -e, Brit also ,pat-\ n — pt phys•i•ol•o•gy \'path-o•,fiz-e•'al•a-je\ n (1947) : the physiology of holiday in Maine and Massachusetts in commemoration of the battles t1 [mal states; specrf : the Functional changes that accompany a of Lexington and Concord in 1775 adj (1951) : originated;0 �4tc�ui]ar syndrome or disease — atho•phys•i•o•log•I-cal \-e-a-'IaJ-i- pa -tris -tic \P0-'tris-tik IDL'.4 LIZED nisi ;11t\oLto patho•phys•i•o•log•fe \-ik\ adj \ adj (ca. 1828) : of or relating to the church fa. -+ (I Sc) : one to whom a grail \'pa-,thas,-,th6s, -,thos also 'pa-\ n Gk, suffering, experience, thers or their writings — pa•tris•ti•eal \-ti-kat\ adj g� P 'tris -tics \-tiks\ n pl but sing in constr (1897) : the study of the writ - (1886) . on, tr. paschein to experience, suffer; a in to Lith kesri to suffer] rigs and background of the church fathers n (1886) : a high -gradC;i 1) 1 : an element in experience or in artistic representation evok- Pa•tro•clus \p;)-'tro•klas, -'trak-las\ n (L, (r. Gk Parroklos) : a Greek $ ' Pryor compassion 2 : an emotion of sympathetic pity hero and friend of Achilles slain b Hector at Troy n (1829) : a leathertp ,' trty path-,wa, ' ath- n 1536) 1 : PATH. COURSE 2 : the se- I a•trol y y P \ ( p tltPy Ce o enzyme catalyzed reactions by which an energy -yielding beat or\ofa•'trol\ n (1664) 1 a : the action of traversing a district or : nonprescription dru� w y eeis utilized by protoplasm (metabolic —s) going the rounds along a chain of guards for observation or contents are income etgl a -the n comb orm L - athia, fr. Gk - atheia, fr. the maintenance Of security b : the person performing such an action -0' �<\P \ f [ P P parties c : a unit of Parsons or vehicles em to ed for reconnaissance, security, Lary PI,'ff ng —more at .PATH] 1 : feeling : suffering (em achy) : being ror combat 1 : a subdivision of a Boy Scout troo or Girl Scout troop office for examining cl upo n(teleparhy) 2 : disorder of (such) a part or kind <neuropa- Patrol vb pa•trolled; patrol•ling [F IOy7C flier, fr. MF, to tramp around ;z� 3: s stem of medicine based on (such) a factor (osteopathy) in the mud, fr. Palle paw — more at PATTEN] vi (1691) : to carry out a Brit also 'pat-, ,pat-\. n,.l ^ls \'pa -shan(t)y\ n (13c) 1 : the capacity, habit, or Fact of being patrol —vt : to carry out a patrol oF— pa-trol-ler n t 2 chiefly Brir : SOLITAIRE 2 P oy letters patent; esp t6C I \'pa-shbnt\ adj (ME patient, fr. MF, (r. L patient-, patiens, fr. pmao assigned -'a beaten\ n (1867) ; one who patrols; esp : a police- ofpari to suffer; akin to L Paine almost, penuria need, Gk pima patrol wagon n (1887): an enclosed motortruck used b PATERNOSTER 2 \pat-Pj . • gl (14c) 1 :bearing pains or trials calmly or without com- prisoners — called also Black Maria, paddy wagon y Police to carry manifesting forbearance under provocation or strain 3 patron \'pa -[ran, for 6 also pa-'tro^\ n ME, fr. MF, fr. ML & L; ML 'At -,,pat•\ n.�l pa•tres•fa' - " Pasty or impetuous 4 : steadfast despite opposition, difficulty, parronus patron saint, patron of a benefiM pattern, (r. L. defender, L her +Jami ills, archei it 5 a: able or willing to bear — used with of b : suscEP- pair-. pater] (l4c) 1 a : a person chosen, named, or honored as a! FAMILY] 05c) 1 : them ADMITTING (� of one interpretation) — pe•tientdy adv special guardian, protector, or supporter flyf` n (14c) 1 a : an individual awaitin or under medical care su PPorter b : a wealthy or influential g pporter of an artist or writer c :asocial or financial sponsor of a fr. parer] (16 5) 1 •e : lteetment b : the recipient of any of various personal services 2 social function (as a ball or concert) 2 : one that uses wealth or influ- ather (^ benevolence),4'E that is acted upon ence to help an individual, an institution, or a cause 3 : one who buys arent 3 : related throw$ ;i • \pa-'I&na,'pat-a•no\ n, PI pa•ti•nas \-naz\ or pa -ti -nae \-,ne, -,nf\ the goods or uses the services offered esp. by an establishment 4 : the �I-e\ adv t ft, L, shallow dish — more at PATEN] (1748) 1 a : a usu. green holder of the right of presentation to an English ecclesiastical benefice 31) I : a system under W1 tined naturally on copper and bronze b g Is or regulate conduct OGJI+j• i(as by acids) and often valued aesthetically fotxposure colorr b tifii- rights over him 6 ancient times i es who freed his slave but retained some f them as individuals as w �' appearance of some thin witgg [ F] : the proprietor of an establishment (as :h other 2 : a ppolicy Otte e or use an In appearance or aura thatgi sderived from assn i tion, abit. or lodges having both in men and women members ance 7 : the chief male o(fica4in ronsalme fraternal ism — pa -ter •nal•ist \'I 09th• shed character 3: a superficial covering or exterior Brit D-'tro-n-'L pa-\ adf P \'Pa -[ran- 1; adj — pa•ter•na•Iis ti Cell 'te\pat-a-,nat\ vb-nat•ed;-nat-ino vt (1880) : to give a patina to pa•tron•age \'pa-tra-nij, Pa-\ n (t Sc) 1 : ADvowsoN 2 : the support or " to take on a Patina — usu. used in the past participle <patinated influence of a patron 3 : kindness done with an air of superiority 4 the quality or state of;.. ^ q y r )•-pat•i•na•tion \, at-a-'na-shan\ n provided b 3 s \ [ business or activityy patrons (the new branch library is they i \pa 'ten n F, (r. L atina (1883) ; PATINA p J expected to have a heavy—) 5 a : the ower to make appointments -mine whether a given mall; rtpa•tinedj pa•tin•ing (1896) : to cover with a patina to government jobs asp. for political advantage b : the distribution of ^" Id that is made by COmpat�t0 pet -e -,o a so'pat-\ n, pl pa•ti•os (Sp] (1828) 1 : COURTYARD: esp jobs on the basis of patronage c : jobs distributed b he mother, child, and. SU3 ,_. brier court open to the s 2 : a recreation area that adjoins a pa•tron•ess gg y patronage f,is often paved, and is adapted esp. to outdoor dining \Pa•tra-rias\ n (15c) : a woman who is a patron' , .-,tws,'pa-\ n, PI patois pa•tron•ize \ pa-trD-,niz, 'pa-\ vt -ized;-iz•ing (1589) 1 : to act as pa- p a- J[; 'pa-,te(a)r-',-'nas•,te�i,. than \-,twaz\ [F] (1642) 1 a : a dialect iron of : provide aid or supportadopt aster our father, fr. the;c an the standard or literary dialect b : illiterate or provincial sion toward 3 : to be a l on(of 2 P a•tron- za•tionir of condescen- a' tD'S PRAYER 2 a wordf A.2 : the characteristic special language of an occupational or shan, pa•\ n — pa•tron•iz.ing•ly \'pa•tra- Pa -le, 'pa-\ o ,pa-tra-ria-'za- .group: or patron saint n (1717) 1 : a saint to whose protection andintercessiona c 'paths, 'Pattiz, aths\ .apahi• or atro- comb orm P p j [parr-, Patti- tr. L, Fr. parr-, pater; Parson, a society, a church, or a place is dedicated 2 : an orginal ea e(. 12c) l . a trodden way ; 'petro- fr. Gk, Fr. parr•, pater — more at FATHER] : father ( I :icular use 3 a : coo RSB? - pains pet•ro•n er m i�me exemplar P y pa- t t 4 a : the continuous \' A -tri -,ark n ME atriarche, (r. OF, Fr. LL potriarcha, fr. yin Cus of appatronymickFr. G patronymikos�frm otron mill aorto- • �.lj p \ [ P trop x assumed in any motion, arches, fr. patria lineage (Fr. parr-, parer Father) + -arches -arch nymic, fr. an -ma name _ Y P t system b : a sequence, ` rOfe at FATHER] flet) 1 a : one of the scriptural fathers of the derived from that of the father or a paternal more aancestor usut NAMEJ ! by the addict oust} without retracing any.," ' race or of the Hebrew people b : a man who is father or on of an affix — patronymic adj terconnecting neurons alt _ _e W: the oldest member or representative of a group (2) pa•troon \pa -'[run\ n [F patron & SP patron, Fr. ML parronus. Fr. L. pa- '!t. �i 1� viable old man d : a man who is head of a patriarchy 2 a ton] (1743) 1 archaic: the captain or officer commanding a ship 2 ( ;.I c, IF ethos, lit., suffering„�.' of the bishops of the ancient or Eastern Orthodox sees of Con- oD, r. F patron) : the proprietor of a manorial estate asp. in New York ase (pathogen) t, pie, Alexandra, Antioch, and Jerusalem or the ancient and 8 granted under Dutch rule but in some cases existing until the :•formation fr.-Pathie pia see of Rome with authority over other bishops b : the headof mid- 19th century rturo otdh)ine that 2 [ISVefrPG- - ,oto theapopeEastern churches c : a Roman Catholic bishop next Patsy \'pat -se\ n, pl pat-sies (perh. fr. It pazzo fool] (1903) : one who is ing from a disorder (of su !< ''l i'a Mron of PheeMelchizedek priesthood empowered to Patten manipulated or victimized : SUCKER •'i< y p j east'p \'pat -'n\ n [ME Patin, fr. MF, fr. parte paw, hoof, fr. (assumed) theordinances of the church and pronounce blessings within a VL otprescribed jurisdictiopattJ (14 J : a clog, sandal, or ove ndi Pathan] (1638) : a rshoe often with a wooden sole n1d11, n—pa-tri•ar-¢hal \,pa-tri-'ar-kol\ adj or metal device to elevate the Foot and is the wearer's height or jf ' atan _, F':`• cross n (1682) : a chiefly heraldic cross denoting a cardinal's aid in walking in mud MF patherique, fr. LL pat bshop's rank and h"In & two crossbars of which the lower is Ipat•ter \'pat-ar\ vb (ME parren, fr. paternoster] yr (15c) : to say or bathetic, fr. paschein to eft and intersects the upright above or at its center — see CROSS speak in a rapid or mechanical manner — vi 1 : to recite prayers (as having a capacity to moYi,� hoh a[ernosters) rapidly glibly and us pity marked bye -ate \'pa-tri-,ar-kat, •,kat\ n (1617) 1 a : the office, juris- t to speak or sn g rapid-fire hwordslin a I catricalto kperformance — pat- - \:, Af' ortime m office of a patriarch b : the residence or headquar• ter•er \•ar-ar\ n P F: A 'atnarch 2 : PATRIARCHY =Patter n (1758) 1 a specialized lingo : CANT; esp : the jargon of trim- tion of human traits or;,i y \-,ar-ke\ n, pl •shies (1561) 1 :social organization mals (as thieves) 2 : the spiel of a street hawker or of a arcus barker i' by the supremacy of the father in the clan or family, the legal 3 : empty chattering talk 4 a (1) : the rapid -(ire talk of a comedian (1840) : one that discoVeiS ce of wives and children, and the reckoning of descent and (2) t e talk with which an entertainer accompanies his routine b egions to mark out a n,, ce in the male line 2 : a society organized according to the : the words of a comic song or of a rapidly spoken usu. humorous ;.,. iYof parr archy monologue introduced into such a son EN. TRACKLESS—path•( '\pa -tris n (ME potricion. fr. MF porricien, fr. L pa- no vb [freq. of �pot� vi (161 O I :gto strike or at rapidly and re - (ca. 1909) : PATHOLOGY.i;; fr. patres senators, fr. p1. of pater father — more at FATHER] patterdly 2' to run with quick light -sounding steps — vt to cause to )) : a specific causative 8 1 a me Pber of one B( the original citizen families of ancient patter n (1844) : a quick succession of light sounds or pats iA [NL] (1876) : the origins and cultivation of Patrician adj ARISTOCRAT b : a person of rt -tern \'pat -ern\ n [ME patron, fr. MF, fr. ML paIran us] (14c) I ; a ' f f 7 to\•Trish-e-at,-e-,at\ n (1656) 1 : the position or dignity of a orm or model proposed or imitation : EXEMPLAR 2 : something de - ( 1838) 1 : of or relating 2: a patrician class signed or used as a model for making things <a dressmaker's —) 3 : a \'pa-trz-,std\ n 0 593) 1 [L parricida, fr. parr- + -cida -tide) model for making a mold into which molten metal is poured to form a 2) 1 : PATHOGENETIC 1,3:x: iEo murders his own father 2 [LL patricidium. fr. L parr- + casting 4 : an artistic, musical, literary, or in design or form t patho•ge•nic•i•ty \-ja-'ms-aIt tde]: the murder of on own father — pat•ri•eid•al \,pa-tra- 5: a natural or chance configuration (frost �) (the of events) 6: a T' u•ik\ adj (Gk par ognorn adj length of fabric sufficient for an article (as of clothing) 7 a : the - .if r.Jgnomon mterpreteG.ekfA; \,pa-tra-'lin-e-al\ adj (1904) : relating to, based on, or trac- distribution of shrapnel, bombs on a target, or shot from a shot un b '--44; w (1625) : diytinetively It rough the paternal line <^-society) the grouping made on a target by bullets 8 : a reliable sample of^” Y \'pa-trD-,mo-ne\ n [ME patrimonie, fr. MF, fr. L pa- traits, acts, tendencies, or other observable characteristics of a person, c" o patho•log•ic \-ik\ ad f tt _ fr. parr-, pater father] (14c) ] a : an estate inherited from .eyed or caused by diseas0 - 'tither or ancestor b :anything derived from one's father or \a\ abut a {' HERITAGE 2 : an estate or endowment belonging b an- \'\ kitten, F table \ar\ further \a\ash \A\ ace g g y \cecot, cert (1650) : a specialist m,pa t too church — pat•ri•mo•ni•al \,pa-tra-'mo-tie-al\adj \au\ out \ch\ chin \e\ bet \e\ easy \g\ go \i\ hit ¢noses the changes caused,.._. ,,._.,pa-tre-aL -tri-,at. chiel7v Brit'na-tri`-at\ n rMF nni.i. \n�. cin �n� \i1 ice U\job ^ ..,... a p„ �„� ill.. �A;, i.,., ,.,., ,v;.. ..,..,. .. '!�.. . plastron • platyrrhine 901 form [MF-plaste thingg molded,- rplas-[ran\ n [MF, fr. OIt iostrone, aug. of piastra thin metal 1 breastplate for- pla•tin•ic \pla•'tin-ik\ adj (1842) : of, relating to, or containing platinum esp, with a valence of four —compare PLATINOUS fr. plastos molded, fr. plassein] :,to (chromoplast) j } more at PIASTER] (ca. 1500 a : a metal under the hauberk b: a quilled pad worn in fencing prat- is plat•i•nize \'plat-'n-,tz\ vt-nized;-niz4ng (1825) : to cover, treat, or with or a compound of platinum E, fr. OE, fr. L emplasirum, fr. Gk Iossein Qro tett the chest, waist, and the side on which the weapon the shell of a tortoise or turtle consisting combine platinum plat•i•no•eya•nide \,plat-'n-o-'si-a-,nid\ n (1845) : a fluorescent complex on, fr. en- + to mold, plait.' lore at FLODR� (be(. 12c) 1 : a meds" Tf the ventral part of of nine symmetrically placed bones overlaid by horny plates salt formed by the union of platinous cyanide with another cyanide (1842) : of, relating to. or containing consists of a fi m (as of cloth or pples[i (adhesive ^•); broadly': itrimming like a bib for a woman's dress b : DICKEY la 4 : a '6fheld by water-re client hairs of some aquatic insects plat •i•nous \'plat•nas,-'nadj pplatinum es with a valence of two — compare PLATINIC substance t - he 2 : a pasty composition (as of llfn air %plas-te\ n comb form pF Plastie, fr. LGk -plastia molding, fr. plat•i•num \'plat-nam,-'n-am\ n, often artrib [NL, fr. Sp plating, fr. dim. fr. (assumed) VL plate —more at PLATE] (1812) on drying and is used for coating' molder, fr. plassein] : p astic surgery <osteoplasty) of plata silver, platrus 1 : a heavy precious grayish white noncorroding ductile malleable las-tery \-t(a-)re\ adj t �s•ter•ing \•t(aJriO\ vt (14c) 1 ; ,to;�b� .PLASIA t\ vt plat-ted; platting [ME platen, alter. of plaiten] 04c) metallic element that fuses with difficulty and is used esp. in chemical and in dental and jewelry alloys — iT 2 : to apply a plaster to 3 _;a'boi. i a coat of plaster b : to apply as,a,'b''' cloth down with a sticky or shiny,;til s. i3S):, PLAIT " b. alter. of plot] (1517) 1 : a small piece of ground (as a lot off ware and apparatus, as a catalyst, see ELEMENT table 2: a moderate gray' platinum black n (ca: 1847) : a soft dull black powder of metallic plati- ." : to fasten or app/y tightly to anoth!(! I) : PLOT : a plan, map, or chart of a piece of land with num obtained by reduction and precipitation from solutions of its salts of poris 6 : to affix to or placgotYi' 7: Io inflict heavy damage, mjtt`iry , 6t ppropposed features (as lots); also: the land represented t•ted;plat•ting (1751): to make aplat of and used as a catalyst platinum blonde n (1931) 1 : a person whose hair is of a pale silvery by bleach and a bluish rinse 2: the :nlrated or unremitting attack : strike: ap ly plaster — plas•ter•er \•tar-ar\ 'plat•'n\ n [ME, fr. Lplatanus] 04c) : =PLANE \,gplad-a•'zhu(a)r, ,plad-\ n, pl plats du jour \same\ [F, lit., blonde color that is usu. produced color of the hair of a platinum blonde n [F, fr. flat, dull] (1812) 1 : the qual- bo(p)rd, -,bo(a)rd\ n (1906) : a boats' or as a substitute For plaster inwalls' the da (1906) : a dish that is featured by a restaurant on a y] `day - plat•i•tude \'plat-a-,t(y)ud\ plat icy or state of being dull or insipid 2 . a banal trite, o r stale remark if fiberboard, paper, or felt usu. b6 '' �lEt\ n [ME, fr. OF, fr. plate, fem. of plat Flat, fr. (assumed) VL Flat PLACE] U 3c) 1 a : a plat•i•tu•di•nal \,plat-a-'t(y)ud-nal,-'n•al\ adj (1870) : PLATITUDINOUS \-,t(y)ud-'n-'er-e•an\ n (1855) : one given to the use r core : a sculptor's model in plaster of }iei>j ' t'• Qcob. fr. Gk plats broad, — more at flat thin piece ofmaterialb (1) : forged, rolled, or cast metal V, inch (2) very thin layer of metal de- pfat•i•tu•di•nar•i•an of platitudes plat•i•tu•di•nize \-'1(y)6d-'n-,iz\ vi -sized;-niz•ing [platitudinous] (1885) nPregsated with plaster of pans (1902) : DRl NK.INTOXICATED "'')' - a coating of or as if of plaster 2 t 8fr usu. thicker than : a OII a Surface Of base metal by plating c :one of the broad used in armor; also :armor of such plates d (1) : a r is to utter platitudes plat•i•tu•di•nous \-'t(y)ud-nos,-'n-as\ adj [platitude + -inous (as in mul- full :hf. a' Or plaque (in bone horn) that Forms part of an animal 862) :having the characteristics of a platitude : of often cap 2d P [Paris, France] (15c)' 1/2H20 ;.SCUTE (2) : the thin under portion of the forequarter of e : HOME PLATE remarks) — plat•i•tu•di•nous•ly adv pla-\ adj (L platonicus. fr. Gk platonikos, fr. Pla- 9933) 'ed calcium sulfate CaSO� ory2 ;ypsum and used chiefly for casts ari�'tn the fatty back part — see BEEF illustration Of the huge movable segments into which the earth's crust is the mantle 2 p'tan-ik, 1 cap : of, relating to, or characteristic of Plato or Platonism 2 a : relating to or based on platonic love; also : expert ig paste with water +ark\ n (1600) : plastering used to fjh'i nand which are held to Float on and travel over fy fr. OF plate plate, piece of silver; partly fr. OSp plata sit- encing or professing platonic love b : NOMINAL. THEORETICAL— pla• 1. . pplasricus of molding, fr. Gk.plasiiko$t- (assumed) VL plattus flat] a obs : a silver coin b : precious silver bullion 3 [ME, fr. MF plat dish, Plate, fr. plat Flat] base ton•i•cal•ly \-i-k(a•)le\ adv platonic love n, often cap P (163 1) 1 : love conceived by Plato as as- from for the to contemplation of the univer- 12) 1 : FORMATIVE. CREATIVE <� fd"• being molded or modeled <^-clay�z;D': tic hollowware made of or plated with gold, silver, or V' a shallow usu. circular vessel from which food is eaten or tending passion individual sal and ideal 2 : a close relationship between two persons in which trying conditions : PLIABLE (eCO160. ,; SL 4 : made or consisting of a plastid" 3,e, (1) : PLATEFUL (2) : a main course served on a plate (3) d service supplied to one person (a dinner at $10 a —> d (I) sexual desire has been suppressed or sublimated Pla•to•nism \'plat-'n-,iz-am\ n (ca. 1570) 1 a • the philosophy of I continuously and permanently `ir l F : of relating to, or involving plastic stf ","given to the winner in a contest (2) : a horse race in which tfitants compete for a prize rather.than stakes e : a dish or Plato stressing esp. that actual things are copies of transcendent ideas and that these.ideas are the objects of true knowledge apprehended by to an artificial or conventional stadda - : SYNTHETIC (this is the — age, the,im 'Qe3aed in taking collections f : a Flat glass dish used chiefly for gmicroorganisms 4 a : a prepared surface from which print- light= reminiscence b : NEOPLATONIsM 2 : PLATONIC LOVE — Pla-to•nist \- n•ast\ n — Pla•to•nis•tic \,plat-'n-'is-tik\ ad/' -niz•ing vi (1608) : to adopt, imitate, -ogan Gourlay) +,f` 'LIANT. DUCTILE. MALLEABLE. ADAPTA� done b : a sheet of material (as glass) coated with a photographic emulsion a (1) : the usu. flat or grid-formed Pla•to•nize \'plat•'n•,iz\ vb-nized; or conform to Platonic opinions — vt : to explain in accordance with _ odified in form or nature. PLASTIC'ap . to be molded yet capable of hardening' t1 M an electron tube at which electrons collect (2) : a metallic its interstices filled with active material that forms one of the or adapt to Platonic doctrines; esp : IDEALIZE 1pla•toon \pla-'tun, pla-\ n [F peloron small detachment, lit., ball, fr. MF TABLE suggests something easily bent;=f d: PLIANT may stress Flexibility and so th" Units of a battery d : LICENSE PLATE 5 : a horizontal strut- ogtlber (as a timber) that provides bearing and anchorage esp. pelote little ball — more at PELLET] (1637) 1 : a subdivision of a com- panysize military unit normally consisting of two or more squads or . J so lack some of the suggestion of suB` DUCTILE applies to what can bedraWt[ri..,- fiusses of a roof or the rafters 6 : the part of a denture that fits `mouth; broadly : DENTURE 7 : a full-page illustration often on sections 2 : a group of persons sharing a common characteristic or activity <a ^- of waiters); esp : a group of football players who are ALLEABLE applies to what may be pr _ impales beings-_. -' t aper from the text pages — plate-ful \-,ful\ n — plate-like P trained for either offense or defense and are sent into or withdrawn from the as a body %PTABLE the capability of ondilions, needs. or uses. +u)t, Mastic substance; specif : any of num _' tfQlat•ed• (im'with plating (14c) 1 : to cover or equip with plate: as a armor plate b : to cover with an adherent layer me- game Iplatoon vt (1963) : to play (one player) alternately with another player in the same position (as on a baseball team) — vi 1 : to alternate with ssed materials that are mostly thermopl;` ip, chemically, or electrically; also : to deposit (as a layer) on a another player at the same position 2 : to use alternate players at the of high molecular weight and thatZ: drawn, or laminated into objects, ®i,. to make a printing surface from or for 3 : to fix or secure Mate same position platoon sergeant n (1915) : a noncommissioned officer in the army n pl. with sing. constr. mb form [[Gk-plastikos, fr. plassein] I F \pla't6, 'pla-,\ n, pl plateaus or plateaux \-'t6z, -,toz\ (F, fr. plater, fr. pprat flat] (1796) 1 a : a usu. extensive land area hay- land al ranking above a staff sergeant and below a first sergeant Plattdeutsch \'plat-,doich. 'plat-\ n [G, fr. D Plaiduitsch, ITL, Low Ger- duitsch German] (1834) : a colloquial lan- iboplastic) 2 of or relating to (soot'• _- - ding In -plasm.-plast. -plasty, or -plass) (datively level surface raised sharply above adjacent on aoeside : TABLELAND b : a similar undersea feature 2 a : a man, fr. plat flat, low + guage of northern Germany- comprisingg several Low German dialects b _; -)le\ adv (1835) 1 in a plastic mail P of little or no change in a graphic representation b : a tela- ;table level, period, or condition platter \'plat-or\ n [ME plater, fr, AF. (r. MF plat plate] (I4c) 1 a : a large plate used espp. for serving meat b : PLATE 3c(2) 2 : a phono- wilhout effort qualities r; ii(1939): to reach a level, period, or condition of stability graph record — plat•ter•ful \-,ful\ n — on a platter : I : art (as sculpture or bas-relief) charaol' n (ca. 1727) : rolled; ground, and polished sheet glass very easily (can have the presidency on a platter—Jonathan Daniels) nensional art 2 : one of the visual d \plat-tat\ n (1895) : a minute Flattened body (as of ice or a platy \'plat-e\ adj (1533) • resembling a plate; also : consisting of ilm) esp. as distinguished from those It' sic) esp: BLOOD PLATELET -tr \'plat-,ma-kar\ n (1904) : a machine for making printing plates or flaky layers — used chiefly of sod or mineral formations iplaty \'plat-e\ n, pl platy or platys or plat•ies [NL Platypoecilus, former (PANDED PLASTIC "� \ n (ca. 1782) 1 : the quality or state 61 Iindesp, offset Printing plates — plate-mak-ing \-kiq\ n •'li plat- n\ n (MF plateine, fr. plate] (1541) 1 : a flat plate (as of genus name of the fish] (1931) : either of two live-bearers (Xiphophorus - '• macularus and X. variatus of the family Poeciliidae) that are popular for x being molded or altered 2 : the'abdi tap :' one t}iat exerts or receives pressure 2 : the roller of a Itoticalaquariums and are noted for variability and brilliant color also \-,fish\ by pressure deformation 3 : the caps a genotype to vary in developmental pati. _ - ter .�'plat•or\ n (1777) 1 : one that plates 2 a : a horse that runs called platy-fish platyhelminth \,plat-i-'hel•,mij (t)th\ n (deriv. of Gk platys broad. flat helminth-, helmis helminth (ca. 1890) : any o(a phylum (Platyhel- or according to varying environmental/' ]'t ' m plate races b : an inferior racehorse t10 n (1902) : a rail or narrow shelf along the upper part of a wall + minthes) of soft-bodied usu. much flattened worms las the planarians. vt-cized;-ciz•ing (1919) I : to make ding plates or ornaments flukes, and tapeworms) — platyhel•min•thic \-hel-'min(t)-thik. --'mint- -' _ ic <a plasticized mattress cover) — pla4l ' -" a \,plat-a-'resk\ adj, often cap fSp plateresco, fr. platero silver- ''ft. • to, or being a 16th cen• ik\ ad' . - n, 1\ n ..it"` plata silver] (ca. 1842) of, rellating platypus \'plat-i-pas, pus\ pl zar\ n (1925) : one that plasticizes;:s - to impart flexibility( $pAnish.architectural style-characterized by elaborate ornamen[a- inggestive silver -- platy-pus-es also platy-pi •,pe\ NL, fr., Gk platypous flat= rubbers and resins „} . of plate \'plat-,form\ n, often attrib [MF plate-forme diagram, map, footed, fr. platys broad, flat + a specialist in plastic surgery `£ 6t formj ()574) 1 : PLAN, DESIGN 2 : a declaration o the pnnci- declaration of princi- pous foot — more at PLACE. FOOT] �!" ovippa• a branch ofsurgery concerned with the; Iri`Whic6 a group of persons stands; esp : a or a candidate 3 a (U '` (1832) : a small aquatic (Ornithorhynchus men[ of lost, injured, defective, or mi :a : d policies adopted y a political party ntal flat surface usu. higher than the adjoining area; also : a rous mammal analinus) of southern and eastern fr. Gk plastos molded] (1885) : any of vs 'incorporatingor providing a platform (as for reaching high Australia and Tasmania that has / if photosynlhetic cells that serve in many, ' ,abolic activities — plas•tid•i•al \pla-••stld. `- '(2) : a raised flooring (as for speakers or performers) b : a &opportunity for public discussion 4 a : a usu. thick layer (as a fleshy bill resembling that of a duck, dense fur, webbed feet, and tied) between the inner sole and outer sole of a shoe b : a shoe a broad flattened tail l/{. -sol\ n [plastic + 'sol] (1946) : a sub`"' _ of a resin and a plasticizer that can be.md ', silch a sole__ ,% rocker (1944) : a chair that rocks on a stable platform plat•yr•rhine \'pplat-i-,rin\ adj (1857) 1 [NL Plaiyrrhina. fr. Gk sinuous film by application of heat ye-- •'si•a-nan\ n ]Gk plastos + E cyan- l '+a "'shale n (1834) : a weighing machine with a flat platform on Iibjects are weighed —called also platform balance platyrrhin-, platyrrhis broad= platypus nosed, fr. platys + -whin -whine] fining protein that acts as an interni l8rr - tennis n (1955) : a variation of paddle tennis that is played on fence of, relating to, or being any of a division (Platyrrhina) o monkeys all of which are New World mon- transport 1\ n (plastid + -o- + -gene] (1937)-: a lits, Olrri enclosed by a wire "ot pplatino- comb form [NL platinum] :platinum (platinotype) ''''ridium) int.cell plastid ' •• t6-kwin-'on, .'kwin-,6n\ n [plasto- (fr, GkJ "'\pia 'le-ria\ tt [Sp] (1750) : PLATINUM: esp : crude native plati- \a\ abut \'\kitten, F table \ar\ further \a\ ash \a\ ace \a\cot, cart hit fee \j\ job —more at-PLAST) (1958) : a plant subs {_ \au\ out \ch\ chin \e\ bet \e\ easy \8\ go \i\ \i in K and plays a role in photosynthetic Q . adjl(af940)„ of the color platinum p g \'p (183 1) 1 : the act or process of lal 2 a : a \r)\ sing \o\ go \o\ law \oi\ boy \Ih\ thin \th\ the \u\ loot \u\ foot ", "\ Pronunciation n@ 1889) : of or relating to a plastron ,„ g\ ,• go plates b : a thin coating of metal \y\ yet \zh\ vision \a, k, a, a, a, @, see Guide to , 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 780 CMR 109.0 APPROVAL 109.1 Approved materials .and equipment: All materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 109.2 Used materials and equipment: Used materials, equipment and devices which meet the minimum requirements of 780 CMR for new materials, equipment and devices shall be permitted; however, the building official may require satisfactory proof that such materials, equipment and: devices have been reconditioned, tested, and/or placed in good and proper working condition prior to approval. 1093 Alternative materials and equipment: 1093.1 General: The provisions of 780 CMR are not intended to limit the appropriate use or installation of materials, appliances, equipment or methods of design or construction not specifically prescribed by 780 CMR, provided that any such alternative has been approved. Alternative materials, appliances, equipment or methods of design or construction. shall be approved when the building official is provided acceptable proof and has determined that said alternative is satisfactory and complies with the intent of the provisions of 780 CMR, and that said alternative is, for the purpose intended, at least the equivalent of that prescribed in 780 CMR in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with specific performance based provisions of 780 CMR, in lieu of a prescriptive requirement shall also be permitted as an alternate. 1093.2 Evidence submitted: The building official may require that evidence. or proof be submitted to substantiate any claims that may be made regarding the proposed alternate. 109.3.3 Tests: Determination of acceptance shall be based on design or test methods or other such standards approved by the BBRS. In the alternative, where the BBRS has not provided specific approvals, the building official may accept, as supporting data to assist in this determination, duly authenticated engineering reports, formal reports from nationally acknowledged testing/ listing laboratories, reports from other accredited sources. The costs of all tests, reports and investigations required under these provisions shall be borne by the applicant. 109.3.4 Approval by the Construction Materials Safety Board: The building official may refer such matters to the Construction Materials Safety Board in accordance with 780 CMR 123.0 for approval. ADMINISTRATION 78o-CMIt 110 APP11CA -7-0—N II f 110.1 Permit application: It shall be unlawful to construct, reconstruct, alter, repair, remove or .demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by 780 CMR without first filing a written application with the building official and obtaining the required permit therefor. 110:2-TemporaryStructures: 110.2.1 General: A building permit shall be required for temporary structures, unless exempted by 780 CMR 110.3. Such permits shall be limited as to time of service, but such temporary construction shall not be permitted for more than one year. 110.2.2 Special approval: All temporary, construction shall conform to the structural' strength, fire safety, means of egress, light, ventilation, energy conservation and sanitary requirements of 780 CMR as necessary to insure the public health, safety and general welfare. . 110.2.3 Termination of approval: The building official may terminate such special approval and order the demolition of any such construction at the discretion of the building official. 110-3--Exemlitio`ns: A building permit is not .required for the following activities, such ex me p - tion, however, shall not exempt the activity from any eview or permit which may be required pursuant to other laws, by-laws, rules and regulations�of'ot er jurisdictions (e.g. zoning, conservation, etc.). rl`One story detachedaccessory buildings used as tool or storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences six feet in height or less. 3. Retaining walls which, in the opinion of the building official, are not a threat to the public safety health or welfare and which retain less than four feet of unbalanced fill. 4. Ordinary repairs as defined in 780 CMR 2. Ordinary repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam, column or other loadbearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, mechanical system, fire protection system, energy conservation system or other work affecting public health or general safety. Note: Also see 780 CMR 903.1 (Exceptions 1. and 2.). 11/27/98 780 CMR - Sixth Edition 19 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE Specialized code: All building codes, rules or regulations pertaining to building construction, reconstruction, alteration, repair or demolition promulgated by and under the authority of the various agencies which have been authorized from time to time by the General Court of the Commonwealth of Massachusetts. Sprinkler: See 780 CMR 902.0 Sprinkler system, automatic: See 780 CMR 902.0. Sprinkler system, limited area: See 780 CMR 902.0. Stack bond: See 780 CMR 2102.0. Stage: See 780 CMR 412.2. Stage, legitimate: See 780 CMR 412.2. Stage, regular: See 780 CMR 412.2. Stage, thrust: See 780 CMR 412.2. Stairway: See 780 CMR 1002.0. Standpipe system: See 780 CMR 902.0. State Building Code: The Massachusetts State Building Code and amendments and rules and regulations thereto as promulgated by the State Board of Building Regulations and Standards, under M.G.L c. 143 §§ 93 through 100. State Inspector. An employee of the Division of Inspection, State Department of Public Safety, who is charged with administrating and enforcing 780 CMR relative to any structure or building or parts thereof that are owned by the Commonwealth or any departments, commissions, agencies or authorities of the Commonwealth. The state inspector is also charged with supervising the enforcement of 780 CMR relative to all buildings and structures other than those owned by the Commonwealth. See also 780 CMR 107.0. Steel construction, cold -formed: See 780 CMR 2202.0. Steel joist: See 780 CMR 2202.0. Steel member, structural: See 780 CMR 2202.0. Stone masonry: See 780 CMR 2102.0. Stone masonry, ashlar: See 780 CMR 2102.0. Stone masonry, rubble: See 780 CMR 2102.0. Storage room, HPM, separate Inside: See 780 CMR 416.2. HPM cutoff room: See 780 CMR 416.2. HPM inside room: See 780 CMR 416.2. Story: See 780 CMR 502.0. Story above grade: See 780 CMR 502.0. Story drift ratio: See 780 CMR 1612.3. Story shear: See 780 CMR 1612.3. Street: A public thoroughfare (such as a street, avenue or boulevard) which has been dedicated for public use. Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand,lat�fo_rnV, bin, fences over six feet high, sign, flagpole, recreational tramway, mast for radio antenna, or the like. The word "structure" shall be construed, where the context requires, as though followed, by the words, "or part or parts thereof." Structure, existing: A structure erected prior to the date of adoption of the appropriate code or one for which a legal building permit has been issued. See 780 CMR 34 for further information regarding existing buildings. Supervisory device: See 780 CMR 902.0. Through -penetration protection system: See 780 CMR 702.0. Tie, wall: See 780 CMR 2102.0. Tile: See 780 CMR 2102.0. Tile, structural clay: See 780 CMR 2102.0. Tires, bulk storage of. See 780 CMR 307.2. Travel Trailer: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacationl use; with the manufacturer's perm- anent identification "Travel Trailer," thereon; and when factory equipped forthe road, being of any length provided its gross weight does not exceed 4500 pounds, or being of any weight pro- vided its overall length does not exceed 28 feet. Use group: The classification of an occupancy in accordance with 780 CMR 302.1. Vapor retarder: See 780 CMR 1202.0. Ventilation: See 780 CMR 1202.0. 44 780 CMR - Sixth Edition 11/27/98 780 CMR 3602 BUILDING DEFINITIONS 780 CMR 3602.0 GENERAL 3602.1 Scope: Unless otherwise expressly stated, the following words and terms shall, for the purposes of 780 CVM 36, have the meaning shown herein. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. 36021.1 Terms defined in other codes: Where terms are not defined in 780 CMR 36, but are defined in the plumbing, fire prevention, or mechanical codes, or other elsewhere in 780 CMR, or its reference standards as listed in Appendix A, such terms shall have the meanings ascribed to them in those codes 3602.1.2 Terms not defined Where terms are not defined through the methods authorized by 780 CMR 3602.1.1, such terms shall have the ordinarily accepted meanings such as the context implies 780 CMR 3602.2 GENERAL BUILDING DEFINMONS ACCESSORY STRUCTURE: A building, the use of which is incidental to that of the main building and which is located on the same lot. ACCESSORY USE: A use incidental to the principal use of a building as defined or limited by the provisions of the local zoning laws APPROVED: Approved by the Board of Building Regulations and Standards (BBRS), the building official, or by reason of accepted principles or tests by nationally recognized organizations, or by accepted engineering practice APPROVED AGENCY: An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved as defined herein. BALCONY (Exterior): An exterior floor system projecting from a structure and supported by that structure, with no additional independent supports. BASEMENT: That portion of a building which is partly or completely below grade (see "Story above grade"). BOARD OF BUILDING REGULATIONS AND STANDARDS (BBRS): In accordance with M.G.L a 143, § 94, the Board responsible for the development and promulgation of 780 CMR (the Massachusetts State Building Code). See MG.L a 143, §§ 9S through 100 for additional responsibilities of the BBRS BUILDING: Building shall mean any one- and two- family dwelling or portion thereof~ which is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof, and shall include structures accessory thereto. BUILDING, EXISTING: A building erected prior to the adoption of this code, or one for which a legal building permit has been issued. BUILDING OFFICIAL: See building code enforcement official 780 CMR 2. CEILING HEIGHT: Ceiling. height shall be the clear vertical distance from the finished floor to the finished ceiling. CD�CK: An exterior floor system supported on at least twopo�pos ng sides by an adjoining structure and/or posts, piers, or other independent supports. DWELLING, ONE FAMILY. A building containing one dwelling unit with not more than five lodgers and boarders DWELLING, TWO FAMILY.A building containing two dwelling units with not more than five lodgers or boarders per family. DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. FOUNDATION. A base constructed to support any building or structure including but not limited to footings, floating foundation, piles and caissons FOUNDATION WALL: A wall below the floor nearest grade serving as a support for a wall, pier, column or other structural part of a building. 9/19/97 (Effective 2/28/97) - corrected 780. CMR - Sixth Edition 467 780 CMR 3603 BUILDING PLANNING (This Section is unique to Massachusetts.) 780 CMR 3603.1 STRUCTURAL DESIGN 3603.1.1 Design: Buildings and structures, and all parts thereof, regulated by 780 CMR 36, shall be constructed to support safely all applied dead, live and environmental loads specified in 780 CMR 3603.1. Exception: One and Two Family Dwellings are exempt from the earthquake load requirements of 780 CMR 1612. 3603.1.2 Dead load: The actual weights of materials and construction shall be used for determining dead load with consideration for the dead load of fixed service equipment. 3603.1.3 Live load: The minimum uniformly distributed live load shall be as specified in Table 3603.1.3. Elevated garage floors shall be designed to support a 2,000 pound (8.90 kN) concentrated load applied over a 20 square inch (0.0129 m2) area, in addition to the loads specified in table 3603.1.3. 3603.1.4 Roof Live Load: Roofs shall be designed to support the live load specified in Table 3603.1.4, or the snow load specified in 780 CMR 3603.1.5, whichever is greater. 3603.1.5 Basic snow load: Figures 3603.1.5a; 3603.1.5b, 3603.1.5c and 3603.1.5d define four snow load zones. The basic snow load for each zone shall be applied to the horizontal projection of sloped or flat roofs and unenclosed floor areas, as a uniformly distributed load, P/, in pounds per square foot, as specified in Table 3603.1.5. 3603.1.6 Deflection: The allowable deflection of any structural member under the live load or snow load listed in 780 CMR 3603.1.3, 3603.1.4 and 3603.1.5 shall not exceed the values in Table 3603.1.6. Table 3603.1.3 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS (POUNDS PER SQUARE FOOT) USE _ LIVE LOAD (psf) Balconies and deck 60 Garages (passenger cars only)--. 5717 Attics (roof slope not steeper than 3 in 12 - no storage) 10 Attics (limited storage) 20 Living Areas (except sleeping rooms) 40 Sleeping Rooms 30 Stairs 40 (2) Guardrails and Handrails (single concentrated load at any point along the to 200 Notes: (l) See also 780 CMR 3603.1.3 (2) In addition to the uniformly distributed live load, individual stair treads shall be designed for a single concentrated load of 300 pounds over an area of four square inches. Table 3603.1.4 MINIMUM ROOF LIVE LOAD (POUNDS PER SQUARE FOOT OF HORIZONTAL PROJECTION Table 3603.1.5 BASIC SNOW LOAD,,,P. SNOW LOAD ZONE BASIC SNOW LOAD P. 30 psf 3 35 psf 4 40 osf Notes: 1. See figures 3603.1.5 a through d 2/7/97 (Effective 2/28/97) 780 CMR - Sixth Edition 469 TRIBUTARY LOADED AREA (square feet) for any ROOFSLOPE structural member 0 to 200 201 sf to 600 Over 600 sf sf sf Flat, or rise less than 4 20 16 12 inches per foot Rise 4 inches per foot to 16 14 12 less than 12 inches per foot Rise 12 inches per foot or 12 12 1 12 eater Table 3603.1.5 BASIC SNOW LOAD,,,P. SNOW LOAD ZONE BASIC SNOW LOAD P. 30 psf 3 35 psf 4 40 osf Notes: 1. See figures 3603.1.5 a through d 2/7/97 (Effective 2/28/97) 780 CMR - Sixth Edition 469 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE shall have a minimum concentration of 3% in 780 CMR 36043 FOOTINGS solution. Water -borne preservatives FCAP and ACC 3 04.3.1 General: All permanent supports of shall be permitted for field treatment of material buildings and structures larger than 120 square originally treated with CCA and ACA water -borne feet in area or ten feet in height shall extend to - preservatives, and the concentration of FCAP orminimum of four feet (1.2 m) below finished grade ACC shall be a minimum of 5% in solution. Copper except -when -erected -on -solid -rock -or otherwise Napthenate shall be prepared with a solvent protected from frost, or when the foundation grade conforming to AWPA P5. The preservative is established by a registered design professional concentration shall contain a minimum of 2% copper and is approved by the building code official. metal. Minimum sizes for concrete or masonry footings shall be as set forth in Table 3604.3.1 and Figure 3604.2.2 Concrete: Concrete shall have a minimum specified compressive strength as shown in Table 3604.2.2 and shall be air entrained when subject to freezing and thawing during construction Total air content (percent by volume of concrete) shall not be less than S% or more than 7%. Exception: Concrete mixtures used for exterior porches, carport slabs, and steps that will be exposed to freezing and thawing in the presence of deicing chemicals shall consist of 520 pounds (236 kg) of cement per cubic yard of concrete which meets ASTM C 150 or C 595 as listed in Appendix A. TABLE 3604.2.2 MWMUM SPECIFIED COMPRESSIVE STRENGTH OF CONCRETE For SI: 1 psi = 6.895 kPa. 1. At 28 days psi. 2. Concrete in these locations which may be subject to freezing and thawing during construction shall be air - entrained concrete in accordance with Footnote 3. 3. Concrete shall be air -entrained. Total air content (percent by volume of concrete) shall not be less than 5% or more than 7%. 4. See 780 CMR 3604.2.2. for minimum cement content. 3604.3.1a. 3604.3.1.1 Slope: The top surface of all footings shall be level. The bottom surface of footings may have a slope not exceeding one unit vertical in ten units horizontal (10% slope). Footings shall be stepped where it is necessary to change the elevation of the top surface . of the footing, or where the slope of the bottom surface of the footing will exceed one unit vertical in ten units horizontal (10% slope). 3604.3.2 Footings for wood foundations: Footings for wood foundations shall comply with the applicable provisions of 780 CMR 3604.4, and Figures 3604.3.1 b and 3604.3.1 c., The gravel base depicted in Figures 3604.3. lb and 3604.3.1 c shall be washed and well graded. The maximum size stone shall not exceed '/4 inch (19 mm). Gravel shall be free from organic, clayey or silty soils. Sand shall be coarse, not smaller than 1/16 -inch (1.6 nun) grains and shall be free from organic, clayey or silty soils. Crushed stone shall have a maximum size of inch (12.7 mm). 3604.3.3 Insulated footings: Footings for heated buildings with slab -on -ground foundations are not required to extend below the frost line when protected from frost by insulating methods prescribed by Figure 3604.3.3a and Table 3604.3.3. Materials used below grade for the purpose of insulating foundations against frost shall be labeled as complying with ASTM C 578. 490 780 CMR - Sixth Edition corrected - 9/19/97 (Effective 2/28/97) MINUviUM SPECIFIED TYPE OR LOCATION OF COMPRESSIVE CONCRETE CONSTRUCTION STRENGTH I(f l Basement walls and foundations 2 not exposed to the weather 2,500 Basement slabs and interior slabs 2,500 2 on grade, except garage floor slabs Basement walls, foundation walls, exterior walls and other vertical 3 concrete work exposed to the 3,000 weather Porches, carport slabs and steps exposed to the weather, and 3,5003,4 arae floor slabs For SI: 1 psi = 6.895 kPa. 1. At 28 days psi. 2. Concrete in these locations which may be subject to freezing and thawing during construction shall be air - entrained concrete in accordance with Footnote 3. 3. Concrete shall be air -entrained. Total air content (percent by volume of concrete) shall not be less than 5% or more than 7%. 4. See 780 CMR 3604.2.2. for minimum cement content. 3604.3.1a. 3604.3.1.1 Slope: The top surface of all footings shall be level. The bottom surface of footings may have a slope not exceeding one unit vertical in ten units horizontal (10% slope). Footings shall be stepped where it is necessary to change the elevation of the top surface . of the footing, or where the slope of the bottom surface of the footing will exceed one unit vertical in ten units horizontal (10% slope). 3604.3.2 Footings for wood foundations: Footings for wood foundations shall comply with the applicable provisions of 780 CMR 3604.4, and Figures 3604.3.1 b and 3604.3.1 c., The gravel base depicted in Figures 3604.3. lb and 3604.3.1 c shall be washed and well graded. The maximum size stone shall not exceed '/4 inch (19 mm). Gravel shall be free from organic, clayey or silty soils. Sand shall be coarse, not smaller than 1/16 -inch (1.6 nun) grains and shall be free from organic, clayey or silty soils. Crushed stone shall have a maximum size of inch (12.7 mm). 3604.3.3 Insulated footings: Footings for heated buildings with slab -on -ground foundations are not required to extend below the frost line when protected from frost by insulating methods prescribed by Figure 3604.3.3a and Table 3604.3.3. Materials used below grade for the purpose of insulating foundations against frost shall be labeled as complying with ASTM C 578. 490 780 CMR - Sixth Edition corrected - 9/19/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULA • Design of foundations that will not fail either by loss of bearing capacity or excessive settlement if liquefaction occurs. • Replacement or densification of liquefaction -susceptible soils such that liquefaction will not occur. 4. For sites underlain by saturated sands where lateral sliding (slope instability) may occur, studies by a registered design professional shall be made to establish the safety against sliding during an earthquake with a peak acceleration of 0.12 g and a frequency content similar to that implied by the modal seismic design coefficient set forth in 780 CMR 1612.5 5. For sites underlain by saturated silty sands and inorganic non -plastic silts, studies shall be made by a registered design professional to determine the susceptibility to liquefaction of these soils. 1805.4 Vertical pressure: The computed vertical pressure at any level beneath a foundation shall not exceed the allowable bearing pressure for the material at that level. Computation of the vertical pressure in the bearing materials at any depth below a foundation shall be made on the assumption that the load is spread uniformly at an angle of 30° with the vertical; but the area considered as supporting the load shall not extend beyond the intersection of 30° planes of adjacent foundations. 1805.5 Settlement analysis: Whenever a structure is to be supported by medium or soft clay (materials of Class 10) or other materials which may be subject to settlement or consolidation, the settlements of the structure and of neighboring structures due to consolidation shall be given careful consideration, particularly if the subsurface material or the loading is subject to significant variation. The code official may require a settlement analysis to be made by a registered design professional when the live and dead loads of the structure, as specified in this article, minus the weight of the excavated material, induce a maximum stress greater than 300 pounds per square foot at mid -depth of the underlying soft soil layer. Settlement analysis will be based on a computation of the new increase in stress that will be induced by the structure and realistically appraised live loads, after deducting the weight of excavated material under which the soil was fully consolidated. The effects of fill loads within the building area or fill and other loads adjacent to the building shall be included in the settlement analysis. The appraisal of the live loads may be based on surveys of actual live loads of existing buildings with similar occupancy. The soil compressibility shall be determined by a registered design professional. 1805.6 Disturbance of bearing materials: Whenever the bearing materials are disturbed from any cause, for example, by the inward or upward ANDARDS / , *;--o `r AND RETAINING WALLS flow of water �rtd/c>lr by construction activities, the extent of the o. �rbance shall be evaluated by a registered design professional and appropriate remedial measures satisfactory to the code official shall be taken. 1805.7 Rock foundations: Where subsurface explorations at the project site indicate variations or doubtful characteristics in the structure of the rock upon which it is proposed to construct foundations, a sufficient number of borings shall be made to a depth of not less than ten feet below the level of the foundations to provide assurance of the soundness of the foundation stratum and its bearing capacity. Refer to Table 1804.3 for allowable bearing pressures and special conditions. The maximum presumptive loadbearing capacity of Class I or Class 2 rock may be increased where the surface is leveled or benched, provided that such increased safe capacity is determined by load tests on an area of not less than one square foot (0.093 mZ) in accordance with the provisions of 780 CMR 1803.0. 780 CMR 1806.0 DEP'T'H OF FOOTINGS 1806.1 Frost protection: All permanent supports of buildings and structures larger than. 100 square feet (9.3 in') in area or ten feet (3 m) in height shall extend to a minimum of four feet (1.2 m) below finished grade except when erected upon sound bedrock or when protected from frost, or when the foundation grade is established by a registered design professional and as approved by the code official. Spread footings of adequate size shall be provided where necessary to distribute properly the load within the allowable load bearing value of the soil. Footings shall not bear on frozen soils. 1806.2 Isolated footings: Footings on granular soil of Classes 7, 8 and 9 of Table 1804.3 and compacted fill shall be so located that the line drawn between the lower edges of adjoining footings shall not have a steeper slope than 30° (0.52 rad) with the horizontal unless the material supporting the higher footing is braced or retained or otherwise laterally supported in an approved manner or a greater slope has been properly established by a registered design professional. 1806.3 Depth of spread foundations: The bottom surface of any footing resting on material of Classes 5 through 10 of Table 1804.3, shall be at least 18 inches (460 mm) below the lowest ground surface or the top surface of a floor slab bearing directly on the soil immediately adjacent to the footing. 780 CMR 1807.0 FOOTING DESIGN 1807.1 Design loads: The loads to be used in computing the pressure upon bearing materials directly underlying foundations shall be the live and 2/7/97 (Effective 2/28/97) 1 780 CMR - Sixth Edition 313 1pz�z�z z�za. o, CD .. 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T _----__.. _ .. _ _. ,_.r'�_„� �. .-►_00 CL C O �. .� tv to -, CD CD W sv CD rn CD 0 FT m .0 c m D 0 CD tT tb O 3 7 O O N m O c a� N CL Cn cn3 Al w O 7 to CID W V .- {{jj ,,4 ✓a r t�r5.i Town of .......� NORTH ANDOVER BUILDING PERMIT INSPECTION REPORT 1` PERMIT NO.: Pj PROJECT: N') �iPSe INSPECTION DATE: df v& UNIT NO.: FLOOR: WING: BUILDING NO.: REMARKS: C. &Q �'-')"?a/ /a/-eC-fRr'cckI C'DJe, S S < Clf,9 c,Q`� (p �.Q, w� �" i to a Excavation - depth and soil conditions Framing - Other: Date: Date: Date: Inspector Inspector Inspector Footings and foundations and drains - Insulation - Other: Date: Date: Date: Inspector Inspector Inspector Electrical - rough - Plumbing and/or gas - rough - Other: Date: Date: Date: Inspector Inspector Inspector Electrical - final Plumbing and /or gas - final Other: Date: Date: Date: Inspector Inspector Inspector Fire Dept - oil burner, tank, stove, smoke detectors Final inspection Certificate of Use and Occupancy Date: Date: Date: -Cof 0# Inspector Inspector Inspector t NORTH � O F 9 �,SV^CHUSe1 NORTH ANDOVER OFFTCF OF THE ZONING BOARD OF APPEAL- 27 CHARLES STREET NORTH AICOVER, 'i'VfASSACh`i;SE i 1 S 018=1 FAQ (978) 688-954) Date: , �1 a p v v TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: STREET: 9 q TOWN: llii „lam- rurJ NAME OF PETITION": �j� /IS ///�I,P.L��J �/' i�,e�/Ld Signed: e e, petitioner (or petitioner's representative) 10.4 Variance and Appeals . The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MUvariance EO-jZD GF . 2?EF A.LS 633-9541 BUILDNGS 6SS-95. 5 CONS ERVATiON 633-9530 HEALTH 633-9`.-40 PLA"TNT,'G 6SS-953: pORT{r 9 NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS %7 CHARLES Si: EET NORiriANDOVER,'MASSACHUSETTS 0I84-5 EA—K (97 8) 688-05412 Date-.— TO: ate: TO: Town of North Andover , Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: STREET: ' \'9 Al S%�J TOWN: J), Au In 2 ?I In r NAME OF PETITIONER: Signed: �.zoo petitioner (or petitioner's representative) 10.4 Variance and Appeals . The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance °0- 2 Uf PPS SLS 5SS-9`=i BCiLDC GS 6SS-95 �5 C0NSERV-.Ti0N n33-9_`30 FE—.`LTH 633-9510 PL. NIN'G 6SS-953: t MORTN � 9 SSACjA 2 , NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEAL;, 27CHIALRITES S EET NNOR T .^ NDOVER, iVL? SSACL7JSFii S 0134 FP's (973) 633-9512 Date: l �2 —010.0") V TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a VARIANCE for property located at: p A �,y, 6114 ,/ / STREET: -[ i/�% U �!-�S'e,� rr_ J� TOWN.- NAME OWN: NAME OF PETITIO Signed: a itioner (or petitioner's representative) (r}l t- /,ee.'Xf'e✓e ZZd 10.4 Variance and Appeals . The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. MI/variance �C OF..:F_._S_L77?L=`; A t 1r��oUn 113 pr M;rddlzfsex pf� k,�Vos-pr GAIL- m v�)ko PlrX6C-_ - /0 Al m)p O4- fsCX s l M L)IIJRa 1 Ds N(, 00 c sou S t Ul N. _ 22W•' - - May 9, 2000 To: Town of North Andover, Massachusetts Board of Appeals We, the undersigned, support the appeal Of Thomas and Marilyn Licciardello, 99 Middlesex St., North Andover. The appeal is a request for variance in order to construct a Florida room on a pre-existing structure. A copy of the legal notice is on this sheet. Jot4t4k CAUAV,A90 3F2uAr� zf��iC{'� Kl+Rs_:N .Ill1.�US Pit-2oC� _ �oc�N S�L�Dws JOHN MuNf� J(t. iZ��a�Ka E, care_ F fay; s LNuu, PRim 1�i.ocN _ �o LSE it qtr 4011+llG _ �hke k yuukG _ J Oki tj CA LAA MrtRIO J-6 17/V '_7 LE;P,#l/ OVIII — — 10S M! LEGAL NOTICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA, on Tuesday the 9th day of May, 2000 at 7:30 PM to all parties interested in the appeal of Thomas & Marilyn Licciardello, 99 Middlesex St., North Andover, MA, for a Vari- ance from the require- ments of Section 7, Para- graph 73, for proposed addition side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-exist- ing structure. Said premises affected is property with frontage on the North side of 99 Middlesex St. within the R- 4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street,.North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order.of the Board of Appeals, William J. Sullivan, Chairman E -T — April 25; May 2, 2000 1 n -- 13 M 1,6 �Q�L�sFX S - 5 ?1 L G r v'VY% 5b �I�.G2im �T"qg Phi�t~�SE�L 65 TN � f2� 6 s 7ta'►,2� _i05 ri' bbL Se,c i1o5 h1��Esfi� 2- klt4 m►�i�i�Es � 34 mi eoe.� _ ya �5t'fuiNGTa•I. tl� rn�a`,UPjs6Y 90 /`f,r,az.liz>,x —27 Charles St. North Andover, MA 01845 Marilyn Licciardello ddlesex St. fiver, MA 01845 1 Re: Response to letter from Kathryn Tannert Niang dated 5/4/2000 Dear Mr. Sullivan: 1) There is no uncertainty as to how the proposed structure would be positioned. The proposed Florida Room will be constructed on the existing structure. It will extend 14 ft. from the structure and be 18 ft. wide. The closest point to the Tannert property line is 5 ft. 2) There should be no doubt that the property lines are accurate. The position of the iron rod delineating the property line in question has bee certified six times by two professional surveyors since August of 1997. The most recent was March 30, 2000 by Scott Giles. (see attachment) 3) The replacement of the fence is not part of our request. We had always presumed the fence to the rear of our properties was owned by the Tannerts. Because the fence is old and in a state of disrepair, we thought we were being neighborly by offering to replace the current fence at our expense. Further, we made it clear that we would not replace the fence until our project was completed (target date: end of September), and with their approval of location. We even offered to allow them to approve the style of fence. At no time did we ever deny them these opportunities. 4) The position of the lot line has been an issue for the Tannerts since the start of construction of the garage on the Munro's property over 18 months ago. Further, we strongly agreed with Kathryn Tannert on Thomas and Marilyn Licciardello 99 Middlesex St. North Andover, MA 01845 May 9, 2000 Mr. William Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles St. North Andover, MA 01845 Re: Response to letter from Kathryn Tannert Niang dated 5/4/2000 Dear Mr. Sullivan: 1) There is no uncertainty as to how the proposed structure would be positioned. The proposed Florida Room will be constructed on the existing structure. It will extend 14 ft. from the structure and be 18 ft. wide. The closest point to the Tannert property line is 5 ft. 2) There should be no doubt that the property lines are accurate. The position of the iron rod delineating the property line in question has bee certified six times by two professional surveyors since August of 1997. The most recent was March 30, 2000 by Scott Giles. (see attachment) 3) The replacement of the fence is not part of our request. We had always presumed the fence to the rear of our properties was owned by the Tannerts. Because the fence is old and in a state of disrepair, we thought we were being neighborly by offering to replace the current fence at our expense. Further, we made it clear that we would not replace the fence until our project was completed (target date: end of September), and with their approval of location. We even offered to allow them to approve the style of fence. At no time did we ever deny them these opportunities. 4) The position of the lot line has been an issue for the Tannerts since the start of construction of the garage on the Munro's property over 18 months ago. Further, we strongly agreed with Kathryn Tannert on March 20th that she should have a survey performed if she had lingering questions. During that phone conversation we advised her that we were applying for the May 9th meeting. On April 25th we called Veronica Tannert to let her know that the newspaper advertisement was in the Eagle Tribune announcing the May 9th meeting. During that phone conversation Veronica said, "Kathy has been so busy, she hasn't had time to find a surveyor yet." We have been diligent in preparing all the information required, in a timely fashion, for a fair hearing of our request. The time lines required by the town are stringent to ensure due process. We believe the request for a postponement is without merit. S' cerely, Gic C C�,G &,, Thomas and Marilyn Licciardello cc: Robert Nicetta, Building Inspector CEL TIF/ED A O T A A N S,E. CUMMINGS & ASSOCIATES P.O. BOX 1337 PLAISTOW, N.H. 03865 TELEPHONE (603)-382-5065 FAX (603)-382-5216 100.2' TAX MAP 31 LOT 34 -�-� 8,890 S.F. t 4�0.20AC.t rn EXIS TNG 2112 STORY WOOD FRAMED DWELLING 99.71 '(C 100.16' ( i MIDDLESEX / IRON ROD SET i M[EXIi-77NG GARAGE FOUNDA 770N et rn 0i STREET I HEREBY CERTIFY THAT AN INSTRUMENT SURVEY WAS PERFORMED ON AUGUST 20, 1997 BY S.E. CUMMINGS, & ASSOCIATES. SCALE I" = 40' DA TE: DECEMBER 28, 1998 REW SED: JANUARY 7, 1999 REVISED: MARCH 26, 1999 — REVISED: APRIL 7, 1999 — / HEREBY CERTIFY TO TOWN OF NORTH ANDOVER, MASSACHUSETTS BUILDING DEPARTMENT THA T THE EXISTING GARAGE FOUNDA 77ON DRAWN ON THIS PLAN IS LOCATED AS SHOWN. q -7-7T H OF Mgsi: o� yG ALBERT T. r TRl10EL N No' 38M �ECISTER � OWNER OF RECORD: JOHN J. & GAIL E. MUNRO 105 MIDDLESEX STREET NORTH ANDOVER, MA 01845 THE PROPERTY IS ZONED: R-4 RESIDENCE 4 DISTRICT MINIMUM SE78ACKS: FRONT - 30 FEET SIDE - 15 FEET REAR - 30 FEET 764-CPP.DWC JoAnn Furlong Pentucket Medical Associates 203 Turnpike Street North Andover, MA 01845 (978) 557-8700 May 8, 2000 Lyn Licciardello 99 Middlesex Street North Andover, MA 01845 Re: Plantar Fasciitis Dear Mrs. Licciardello: Having had the opportunity to evaluate you and review your medical history, this confirms our conversation that warm soaks such as that received through a hot tub would be medically beneficial for your plantar fasciitis condition. Although this is a chronic and painful condition, warm soaks may help to alleviate some of the pain you are experiencing. Notably, the specific treatment for plantar fasciitis as discussed in The Principles of AmbulatorX Medicine by L. Randol Barker M.D. lists warm water soaks as a primary treatment of this condition. Should you have any questions or concerns, please feel free to contact me. Thank you. JoAnn Furlong, N.P Pbrttudmt R:1e0'Jeal At asoclates jnM 208 Turnpike -4reet No. And er,1 % 01 Tel. (508) 557-8700 Sincerely, JoAn urlon C MAY 8 2000 m M. Tannert Niang, MPH 1_ /a 35 Milton Street No. Andover, MA 01845 978-682-6212 May 4, 2000 By Facsimile: (978) 688-9542 Mr. William Sullivan Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street No. Andover, MA 01845 Attention: Ms. Mary Ippolito 34L ast.6`h,Street 4A : . New '4'ork; NY -i-0003 212-673-0089 Re: Proposed building construction at 99 Middlesex Street and Zoning Board Meeting 5/9/00 Dear Mr. Sullivan: As an abutter to the property of 99 Middlesex Street, I am writing on behalf of myself and my mother, Veronica Tannert, as co-owners of 35 Milton Street, to request a continuance of one month with respect to the review of the building plans and request for a variance by Tom and Marilyn Licciardello. Our reasons are offered as follows: 1) We believe that the proposed construction of a "Florida Room" on the Licciardello property potentially encroaches on our property lines. To this end, we are in the process of retaining Alphonse Haley, R.L.S. of Middlesex Survey, Inc. in North Reading to do a survey, stake the boundaries and provide an "as built" plan of our property. We wish to confirm our true property lines and have a clear understanding of how this proposed structure will be positioned in relation to our property. 2) We have reason to doubt that the property lines between 99 Middlesex Street and 35 Milton Street are accurately marked and that we must verify the boundaries with our own survey (as discussed above). 3) We have reason to doubt that all the information required for review has been presented to the Board. It is my understanding that the Licciardello's would like to replace our backyard fence (at their cost) and that this idea was proposed to my mother on the 20`h of March. The proposed new fence would stand exactly where our fence is now on the property of 35 Milton Street. In a long conversation on the morning of March 21,1 advised Mrs. Licciardello that I did not want the fence removed and that my mother and I felt it necessary for our property to be surveyed in order j Mr. William Sullivan, page 2. to verify that the proposed construction would not unreasonably encroach on our property line. It is my understanding that the construction of the fence is not included in the Licciardello's current building plan proposal. Further, Mr. Licciardello and his wife denied (in a phone conversation last evening) any recollection of our detailed discussion in March of my concerns about our property boundaries and my request that the fence not be removed (or a new one put up) without a formal verification of these boundaries. 4) It has taken a great deal of time over the past month to identify and research local survey firms, compare costs, services and schedules as well as to educate ourselves on key issues and potential problems. As stated previously, we are now in the process of retaining a firm and will be proceeding shortly. I submit that it would be most helpful to proceed with a review of the Licciardello's request for a variance based on the facts provided by a certified plot plan of our property and the full consideration of this information by the abutters. This request is made with the hope of ensuring that the proceedings will include all information that directly affects the 35 Milton Street property. Sincerely, cc: Robert Nicetta, Building Commissioner Alphonse Haley, R.L.S. EXPkESS MAIL POST OFFICE TO ADDRESSEE UNITED STATES POSTAL SERVICE rM Q PO ZIP Code Day of Delivery. Flat Rate Envelope Delivery Attempt Time Employee Signature Next ' second In Mo. Day. ❑ AM ❑ PM .Date in JJ jr 1�t - : Postage f Delivery Attempt Tme Employee Signature R Year Noon ❑ a PM $. - / - Mo. Day = u AM ElPM - - N Ji Time In Military Return Receipt Fee Delivery Date e Employee Signature 4) -❑ `~' AM C1 -'PM 1:1 2.n Oa, � El am Day r . [�' " Mo. Day ❑ pM TO 1 Weight Inti Alpha Country Code COD Fee k Insurance Fee Signature of Addressee`or AM . Agent _ _! ' lbs. F ozsA • x. No Delivery Weekend Holiday Acceptance Clerk Initials f Total Postage 8 Fe �j - - Name -Please Pn t ❑ ❑ X,. • : µ - - • • • • • • - • l� WAIVER OF SIGNATLFF�E (Domestic Only) Additional merchandise insurance is voidd 4aiver Signature is • • • of requested. 9 wish deliveryto be matte without.ogtaining sigWure of addressee or addre4ee'.s a fent (if delivery employee judges � that article can be left in secure location) and 1 authorize that delivery employee's s gnature constitutes valid proof of • delivery. t Ir • • • • NO DELIVER YWeekend Holiday ❑ ❑�,w a it Cusfomet gignature FROM:.(PLEASE PRINT) PHNE,rP -? TO• (PLEASE bAII-Fi) PHONE (' j ..• e Q' • � i ` J F. �: t' � E , i�. ,e (-�" '_ �• r, �f , .� > `3.n(.y ir- i'F f 1f� {.' ^M..: � r _+F; r. W- - - ro ru ' - �* t• i» i *fit '` r� d''A. rk''� OR1' I :11 I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 9t' day of May, 2000 at 7:30 PM to all parties interested in the appeal of Thomas & Marilyn Licciardello, 99 Middlesex St., North Andover, MA., for a Variance from the requirements of Section 7, Paragraph 7.3, for proposed addition side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure. Said premises affected is property with frontage on the North side of 99 Middlesex St. within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William I Sullivan, Chairman Published in the Eagle Tribune on April 25, and May 2, 2000. MUlegalnotice 2000/14 Al iW NC�IC �.m�1,•C`•)m��'�mf� .._��. .a-.`¢¢vk�m¢z°mm=ymc.mQcim�=wm�n .fO�UccUm^mm�ov`C .m.•v.y-'m c •—"a : -�QL>'M a .(D C.m -amQ >_C mS w4j'aavO 5qOO 4 IU Yo�L tm Om >UJ _iEazao.ma=oa�m0-mm Qcmoo w ma U ILL CU W<cns Z OGa� ZQSLZ� U cyQ oyOS (jo "jj co 0-.' LL '2 ��`M pN3 �T �WNm?mna�Ecn��»OO�mmCa `tl F--Om°::tLao zXyiO0 Q2vamm � 'Z2i°0_ Lo 0com10x) iTu-cts-(a-v0voam—omT.0 W i�°L . ._ I wN TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St., North Andover, MA., on Tuesday the 90' day of May, 2000 at 7:30 PM to all parties interested, in the appeal of Thomas & Marilyn Licciardello, 99 Middlesex St., North Andover, MA., for a Variance from the requirements of Section 7, Paragraph 7.3, for proposed addition side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure. Said premises affected is property with frontage on the North side of 99 Middlesex St. within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on April 25, and May 2, 2000. MUlegalnotice 2000/14 13 �WJO/Wt/)mQ H�a)N3CrOaT�wOor� m- OQQ_O "C-E'Q LU LQ`'Lmnam�a�O L�mLOLLDONOa. SO m'C�U Z ?QLm O Cr ND O j=Nwgy3QULL_?Uo-No.tO0; QS� a2E 0 ZZ(5QmCwo QOyoa�aQ�oomm_-»WDmM22a.,Tc�pmracr0 10 2V �ro=_ia NaZ Lm_Q Cn ca ^ 2:2 CL mIC oZma.�nCON0QVC°O-Z2O-tL0w0"c°oZcm Z' r-mmQa� a)o cmmE E6 20)23: o iAtTC p wN Received by Town Cleric: RECEIVED JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER TOWN OF NORTH ANDOVER. NLkSSACHUSETTS 1000 APR -b A 11: 49 BOARD OF A21?&kLS APPLICATION FOR RELIEF FROM THE ZONNG ORDNNANCE Applicant wt 6Rt Lyto LCC I ARbdz0kddress q 0t /P?/ 6M& -s x Zt &106M7 4tjzaocle/2 , MA TCI. No. °17S-(b?f-7/1-7 1. Applicant is hereby made: a) For a variance from the requirements of Section "7 Para -,,mph -7. 3 and Table ;- of the Zonin_ Bylaws. b) For a Special Permit under Section Para_7raph of the Zonin_ Bviaws c) As a Party Aimrieved, for review of decision made by the Building Inspector or other autho rite. 3. a) Premises atl=ected are land and buildirngr(sv numbered 171 101 ellle r e'► Street. b) Premises affected area property with fronta'=e on the North (4 South () East () West ( ) side of 11 141 WW40- re, x IDLY Street. C) Premises affected are in Zonin- District and the premises affected have an area of /,4 3,97—square feet and fro ntge .o f > 6 5 feet. 3. Ownership: a) Name and address of owner (if joint ownership, sive all names): '�}fz�lryifl-S � . �c � �A2b�e/% _ l�.�n� L yi✓ Cy. �.r c C � � 2J �� v Daze of Purchase revious Owner b) 1. If appiicant is not owner, check his/her interest in premises: Prospective Purchaser Lessee Other Z. Letter of authorization for Variance/Special Permit required 5 of x 401- C.) i 4. Site of proposed budding: front; /4/ feet deep; Height S5 stories; vr9u-"' feet. a) Appro:.n to date of erection /Is b) Occupancy or use of each door: FLo,Q/ 00IY7 — /-1 d T i," 3 C) Type ofconstruction GJCj U 5. Has there been a previous appeal, under zoning, on these premises'' /U D When 6. Description of redefsou-ght oa this petition V,,qR1A1UeCof SC-7/-?3ACk- jo ALUL2 of i?' x / y' FLOP1�4 206417 47 2eP� OF HOME 7. Deed recorded in the Registry of Deeds in Book - . — No. . 17k/Page q / Land Court Certificate No. Book Pie The principal points upon which [ base my application are as follgws: (must be stated in detail) �ZAuSt. w� Ct o�� N ✓fit � c �E L(i-Es r Y LE (w c f+ve� c'�, �'� �dV1lp itT�J h�uNN�Fes} ��c � uTr eyf1C vE pF A t4oi iu3 -^i t�wiw�c—n��e� 3�i 7b i-f�Z� f� L (EUG (N (V 2I t S a 7i l� C� t` I &T OL1 �5? Ui S a ft -C. V as N Mie Ne 7 6 n 3QF- r+QbD . I agree to pay the filing fee, advertising in newspaper, and incidental expenses* GueC.c�v cc Signature of Petitioner (s) 6 of 8 I WORK SHEET DESCRIPTION OF VARIANCE REQUESTED ZONNG DISTRICT: I -- Ile - Required ;p ' ' Required Setback E. -c srin�► Setback Re!ief or area or Area Requested Lot Dimension Area fQ� S-00 Stree: Fronmae / e) a Front Setback (s) 3o o� -37 Side Seeback (s) ..3 � 1Z, �, Rear Setback (s) 30 Special Permit Request: 7 ofS 69S.0 f, LIST OF PARTIES OF INTEREST: SUBJECT PROPERTY TOWN OF NORTH ANDOVER OF r MAP ABUTTERS: I PAR #I NAME ADDRESS -Tu Ll'us r2. -7 �n -toMAS .4 IIA&P-(L IJ Lt CC / R2/Ze � v v► 99 t b b t e -S EAR 57'- 'T: ABUTTERS: 3 or -f n4 cDj)Cesf-x JF m i 77 17Le-5t ) 90 Vier -o6 P-�Tr T'RQS T -Tu Ll'us r2. i�re?- 6 S S -11-6 21 vy► STA-EE7 /I3 IgrLr�N ly o`Z cj ilk (,To "1 S'7 -2t--67 (eA / L 6- AIu/UlZ0 'Y o f fu -T C A U A IM P+r-O %oN NA R , 39 3 W I C,C,Ip-w -D. 47 kAfa—tN S `/dons 2 DENNi's L. eurzo.rg Iz D o tz0 ilk I R v 0.1 C;- R :C/ A7(2rC"rr4 p' C ONNarz- im(covFL 0`CoNNon- 30 Vt2o►J►CA 3 • Tf1NNr�2T le-AT+.(R tJ m_ T1+NN�tZ� 3i FrtA0e`r S cc v L , A Na sJ 3Z �9 . CA,-6prt C. ft (9vAl3R1EL or -f n4 cDj)Cesf-x JF m i 77 17Le-5t ) 90 mfp*b(.e 5ry ST 105 M rDDC(F-st-x S a6F-t S S -11-6 21 vy► STA-EE7 /I3 IgrLr�N o`Z cj ilk (,To "1 S'7 -2t--67 3 m r (-To A)�- 39 m LAN G; P—e,ET 47 M, L—mrD STrzi — THIS CERTIFIES ONLY THATON THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INTERE AS PREPAR BY T APR LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSESSO OFFICE NORTq °',"'"'•"" f `99 Middlesex St Ma /Lot: Zoning Bylaw Review Form a ;^ Re uest: Town Of North Andover Building Department Date: 27 Charles St. North Andover, MA. 01845 Frontage Phone 978-688-9545 Fax 978-688-9542 Street: f `99 Middlesex St Ma /Lot: 31 /33 Applicant: Thomas & Marilyn Licciardello . _. Re uest: For rear sunroom addition Date: 4/4/00 Mease be'advised that after review of your Application and Plans your Application is r DENIED fdr the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special PermiF 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies Yes 3 1 Lot Area Complies Yes 3 Preexisting frontage Yes 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed Yes G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies Yes 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient Yes 2 Complies Yes 3 Left Side Insufficient Yes 3 Preexisting Height Yes 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient Yes I Building Coverage 6 Preexisting setback(s) Yes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies Yes D Watershed 3 Coverage Preexisting 1 Not in Watershed Yes 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Yes 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C-385 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special PermiF Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development Disthct Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative' shall be attached hereto and incorporated herein by reference. The uilding department will retain all plans and documentation for the above file. �� y/-/ &-,-g —Building Department Official Signature Application Received Application Denied Denial Sent : If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: :ltei L' Regi"sons ftir,� hila s {� (u 3� _ .-lc�4��'� a.. .G 3 t.-i'YiarY. Y3 i Sec 9 A special permit for a non -conforming structure due to pre-existing front, left side and rear setbacks on dwelling. Sec 7 & Table 2 A variance for side and rear setbacks on proposed rear 14' x 18' addition. 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No. 178- (o?!r- 711 1. Applicant is hereby trade: 00k ck a) For a variance from the requirements of Section 17 Para_vranh -7.3 and Table c;�- of the Zoning Bylaws. X b) For a Special Permit under Section Ph of the Zoning Bylaws C.) As a Parry Aggrieved. for review of a decision made by the Building Inspector or other authority. 2. a) Pre.�es affected are land and buildinu(sv numbered 9 ? lol e✓1 Leg e'e Street. b) Premises affected area property with frontage on the North (4 South () East ( ) West ( ) side of 1.9 9 Alk ww4rol x Street. C) Premises affected are in Zonin(District 1P- and the premises affected have an area of /S, 3E 7 square feet and lronta:re of >6s V feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): c 6 IA" //� 1,-n qP-J (-;1✓ Cy. L; c c 1'q T Date of Purchase FF -6, �M±Previous Owner b) 1. If applicant is not owner, check his/her interest in premises: Prospective Purchaser. Lessee Other 2. Letter of authorization for Varian --/Special Permit requfi-ed 5 ofs 4 4. Site of proposed building: /Y front; `f feet deep; Height stories; �feet. a) Approximate date of erection AT A b) Occupancv or use of each floor: F&(Dklby4 k60IY9 — Nd T 7o;3 C) Type o f construction 6, )o v D/ S. Has there been a previous appeal, under zoning, on these premises'' �J 0 When 6. Description of re'.ief so _' t on this petition (//`}/��n'e E. OF SrT�i�Cr< �2� CJ-�2�twr S To A LLyu)N ,)T,eU C-/7U/L) OF /�� x / S� FCAPit�� OCw�► �1T IZA'2 dF I FOI�tc 7. Deed recorded in the Registry of Deeds in Book . - No.�Pa-le I/ Land Cour Ceriricate No. Book pa --e The principal points upon which f base my application are as foflq%vs: (must be stated in detail) EZAvSc w& Cc-nD 80 LtFCSTYtE (WE AOCE C'L✓Y i( TfTialf RU/ /'J S) T -Hc Tu_ 3 N -&s S1 l 2-) HCZa ( L(6 Ll f N (V 21 t S S 77 r% C: i 1 It T '1}f fLt:h(L (lir til �.�._�,--� �:�M< <pt, :�<<•. ELI G o i)� I afire-- to pav the Eins fee, advertising in newspaper, and incidental expenses' Signature of Petitioner (s) 6 of 8 WORK SHEET DESCRIPTION OF VARLANCE REQUESTED ZONNG DISTRICT:_ Required Setback Ex:c rin_r Setback Re'.i�f or Area or Area Re:auested Lot Dimension Area S tree: Fro nta=e Front Setback (s) a3 7 Side Setback (s) Rear Setback (s) 30 Special Permit Request: 7 of8 - TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE f OF r SUBJECT PROPERTY MAP I PAR #I NAME ADDRESS ' Y 1 SjTNOMA5 Mf�2� L 4cc�R l 99 i�14,Dc�Le�St�c Sr UT ABTERS: 1 B Eiz 6 12 LT T'2oS T / (3 4 Yet D D C t=om i7)( '5T F -Tu LiUS -R. I e Ro 6 2I to 9 f M f D IDL�SlX S L_ - 3 I S j go a5 4 TO(frj J_ {rYuoizv i05 /V1r (�5t� 5�2t�t i CA/L 6- MUN U 5 3 I' : d R ru S C A L(, A Al 6 -D. ydL)rvc, /l3 Yk �-7 icA(>-eN S Ybo(v 71 3/ 1 2 1 -DENrif s L, CUpao,C YL m (e-70 N S -j -R I -D 0 rzb TH I tz va O�i c7- n- 8 (31 oZ AT2fC'ito, Q' CoNgofZ a 5 7 -2f --E% W\tct-t&�FL 6'CDNtio(z 91 3/ 1 3v I vE(.oN,cA 3, i AIVN�2r 35 <<TO/0 1;7 -Is ( 1c�4TH R N M _ r—r+NN� tZ 10 3/ gi Fre-Arjc-,ls I- i oucc;o L—l0N 1 L- tjo A &w tJ Ill 3/-732- 1 �� n 6A't3,p,r L � 1 4 M• LTo� s� ,- I 12 1 i I I 14; 1 151 I I 161 1 1 i 17 181 THIS CERTIFIES ONLY THAT ON U3 THIS LIST OF NAMES & ADDRESSES OF PARTIES OF INTERE AS PRETAR&O BY TFfff AP LICANT FROM THE RECORDS OF THE ASSESSORS OFFICE. ASSESSO OFFICE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center,, 120R Main St., North Andover, MA., on Tuesday the 90' day of May, 2000 at 7:30 PM to all parties interested in the appeal of Thomas & Marilyn Licciardello, 99 Middlesex St., North Andover, MA., for a Variance from the requirements of Section 7, Paragraph 7.3, for proposed addition side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure. Said premises affected is property with frontage on the North side of 99 Middlesex St, within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 1:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman Published in the Eagle Tribune on April 25, and May 2, 2000. MUlegalnotice 2000/14 W ycm�roimyrn��mroa°icc�8N mo,rnQ ID 14 ycgci 1 `F (a -j a ��°Lnts mF6z &aanYXo.°m mcoto m`or�A0 '.o o'€m 1 LL �Na �aL.mis <>,O CL'�p ^ad n t0«mC .o UU>2-_._.��QNt�. OD= °�,CLR10yF".-«�m.c �Cy`°N mtVt.:.WxCN0E— .-0: �' ri Z zzx' �aUO amQUto L��'M,LL.0 H3r'Q�` :T�E',,N VONoo.Z»mmo.xa«d mcg!!"o t-inmmnto� ta�pm ,u.l 0Xaio mroargwo.WDm2Et0C62.,�m>>5�r°x�c`a`oo�r� °— a y'0<<V;zWc00 °oo(Zcc CL>�om�nn\°mCNo`aCL nr_mc�3�?C' m3 o- m`Z r_ me _ •-0 0 m Z Y= ro ca Q�� °� c c 0 cc °� pMCO CL '0 N > m o E o F o -0 (L m E a) ca rn° -3.G !� oda mmin2 °$ WN SSACNUSQ Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 99 Middlesex St Map/Lot: 31/33 Applicant: Thomas & Marilyn Licciardello .. Request: For rear sunroom addition Date: 4/4/00 , riease oe"advised that atter review of your Application and Plans your Application is DENIED fo'r the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below Item # Special Permits Planning Board Item Notes C-385 Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housina Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies Yes 3 Lot Area Complies Yes 3 Preexisting frontage Yes 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed Yes G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies Yes 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient Yes 2 Complies Yes 3 Left Side Insufficient Yes 3 Preexisting Height Yes 4 Right Side'Insufficient 4 Insufficient Information 5 Rear Insufficient Yes I Building Coverage 6 Preexisting setback(s) Yes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies Yes D Watershed 3 Coverage Preexisting 1 Not in Watershed Yes 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 1 More Parking Required 2 Not in district Yes 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C-385 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housina Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Other Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. uilding Department Official Signature Application Received Application Denied Denial Sent: 1'►/�w� O Q �� ✓"A -d -W If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: >�II 3 teerene Ret,oll�`enral 4 p� `wfi n -. 4 3a h sui� 7l vu e F z t Sec 9 A special permit for a non -conforming structure due to pre-existing front, left side and rear setbacks on dwelling. Sec 7 & Table 2 A variance for side and rear setbacks on proposed rear 14' x 18' addition. 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