The URL can be used to link to this page

Home My WebLink AboutMiscellaneous - Exception (239)Q d c' LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD EVERETT J. MARDER PATRICK J. COSTELLO JOSEPH L. TEHAN, JR. WILLIAM HEWIG III THERESA M. DOWDY KAREN V. KELLY 10 KOPELMAN AND PAIGE. P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON, MASSACHUSETTS 02110-1137 BOSTON OFFICE 16171 951-0007 FAX 16171 951-2735 NORTHAMPTON OFFICE 14131 585-8632 WORCESTER OFFICE 15081 752-0203 October 6, 1994 CONFIDENTIAL -NOT A PUBLIC RECORD Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Stephen Juba, Jr., et al. v. Frank Serio, et al. (Town of North Andover Zoning Board of Appeals) Essex Superior Court C.A. No. 93-1080 Dear Members of the Zoning Board of Appeals: DEBORAH A. ELIASON JEANNE S. MCKNIGHT JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS DAVID J. DONESKI SANDRA CHARTON BRIAN W. RILEY MARY L. GIORGIO KATHLEEN E. CONNOLLY JOHN G. GANNON KURT B. FLIEGAUF MICHELE E. RANDAZZO This is to inform you that the Essex Superior Court has canceled the conciliation conference in this case originally scheduled for October 12, 1994 at 2:15 p.m. at the courthouse in Lawrence. I will advise you of the new date for the conciliation conference as soon as the court notifies us. If you have any questions concerning this case, please call me. CAB/sh cc: Town Manager Building Inspector Very truly yours, Cheryl Ann Banks PRINTED ON RECYCLED PAPER M LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD EVERETT J. MARDER PATRICK J. COSTELLO JOSEPH L. TEHAN, JR. WILLIAM HEWIG III THERESA M. DOWDY KAREN V. KELLY KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON. MASSACHUSETTS 02110-1137 BOSTON OFFICE 16171 951-0007 FAX 16171 951-2735 NORTHAMPTON OFFICE 14131 585-8632 WORCESTER OFFICE 15081 752-0203 November 2, 1994 CONFIDENTIAL -NOT A PUBLIC RECORD Zoning Board of Appeals North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Stephen Juba, Jr., et al. v. Frank Serio, et al. (Town of North Andover Zoning Board of Appeals) Essex Superior Court C.A. No. 93-1080 Dear Members of the Zoning Board of Appeals: DEBORAH A. ELIASON JEANNE S. MCKNIGHT JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS DAVID J. DONESKI SANDRA CHARTON BRIAN W. RILEY MARY L. GIORGIO KATHLEEN E. CONNOLLY JOHN G. GANNON KURT S. FLIEGAUF MICHELE E. RANDAZZO This is to inform you that the Essex Superior Court has rescheduled the conciliation conference in this case for November 30, 1994 at 1:30 p.m. at the courthouse in Lawrence. If you have any questions concerning this case, please call me. Very truly yours, Cheryl Ann Banks CAB/sh cc: Town Manager Building Inspector BOARD OF APPEALS J PRINTED ON RECYCLED PAPER jc k�7 oval / l .1• S i tiY w Z 1� c ta`�8,r's., 3r. f, ca 1. 1 � ia ♦ �c+,. '1 .�e �t �. \�i�} }�''. f i\S-,�j. �, � { ?� } \i' -� .q �, V\f, ��`51}^!� { I S 4. ' ,e .t p'�� Yy�y ��i �i.'<. a-l.P: A •� t ;t. rr ytlf� �',._• h }'T' t'� t.-xt.� .� }� .,, •, `21 }• :, - ; 1 ` 4 pe��vid��_��s�ro�. ly `% e f_ �rope� may be permitted otherwise by the North Andover Board of Appeals. If any lawfully non -conforming build- ing or use of a building or land be at 4.12 any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning By-law in the district in which it is located, it shall thereafter continue to conform. Any non -conforming building or struc- ture destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of sixty-five (6517c) per cent or more of its reproduction cost at the time of such damage shall not be re- built, repaired, reconstructed nor al- tered except for a purpose permitted in the zoning district in which such build - in located, or except as may be permit- ted otherwise by the Board of Appeals acting under G. L. Ch. 40A. IN RESIDENCE DISTRICTS. Single, duplex or two-family dwellings and gardens, including the right to con- vert in accordance with the standards set forth below any one -family struc- ture built prior to January 1, 1950, to accommodate not more than two fami- lies, or, if approved in accordance with the standards hereunder by the Board of Appeals after a public hearing with due notice given, not more than four families, provided: (a) The lot area per structure so converted shall be not less than twelve thousand five hundred (12,- 500) square feet, and the street front- age width of such lot shall be not less than one hundred (100) feet; (b) The existing structure be of such size as to afford not less than seven hundred (700) square feet usable floor area per dwelling unit after conversion, and that the appearance and character of a one -family dwell- ing shall be preserved; (c) No major exterior structural changes shall be made except such as may be required for safety by the North Andover building by-laws or by Massachusetts General Laws, and that the whole cost of such altera- tions shall not exceed fifty per cent of the reproduction cost of such dwelling in its condition existing im- mediately prior to such conversion; and, (d) Stairways leading to the second 4.13 4.14 4.15 or any higher floor shall be enclosed within the exterior walls of the build- ing. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or adver- tising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inch- es in size, and further provided that no dwelling shall be erected or altered primarily for such use. Renting a room or rooms in a dwelling for the office of one professional per- son, provided there be no display or advertising on such dwelling or its lot other than a professional name plate, or sign not to exceed six (6) inches by twenty-four (24) inches in size. Customary home occupations, provided there be no display and no exterior ad- vertising except an announcement sign not to exceed six (6) inches by twenty- four '(24) inches and provided that in any dwelling, such customary home oc- cupations shall be carried on by not more than fives persons of whom at least one shall reside in such dwelling. Schools, libraries, museums, churches, hospitals, and convalescent and rest homes, local passenger stations also radio, radar, television or radiotele- phone transmitting or broadcasting towers but not their studios nor offices, and not veterinary or animal hospitals except as further provided elsewhere in this by-law. Housing projects for elder- ly persons established under the gov- erning provisions of the General Laws. 4.16 Real estate signs not to exceed twenty- four (24) inches by thirty-six (36) inch- es in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. 4.17 (a) Farming of field crops, and row crops; truck gardens, orchards, plant nurseries, greenhouses and as pro- vided below, stud farms, poultry bat- teries, fur ranches an"airy farms; (b) The keeping on any lot of not less than three (3) acres area in a Country Residence of a Rural Resi- dence District of a total of not more than three (3) of any kind or assort- ment of animals or birds in addition —25— to the household pets of the family living on such lot, but not the keep- ing of any animals or birds or pets of persons other than those resident on such lot, except as further provided below; (c) On any lot of not less than three (3) acres area and situated in a not thickly settled part of a Country Residence, a Rural Residence or an Industrial District, but only on such lots in such parts of such districts, veterinarians and others may keep more than three (3) animals or birds not necesarily owned by the persons resident on such lot, provided that on such lots there be no slaughter- ing, packing or processing of meat, entrails, organs, skins, hides, pelts, fur, feathers or bones, and provided that animal hospitals, kennels, poul- try batteries, dairy barns, riding stables and animal auction lots are specifically prohibited in all Village Residence Districts and in all thickly settled parts of Country Residence or of Rural Residence Districts. 4.18 Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive _ " to the neighborhood. Permanently in- stalled and non-movable swimming pools, provided each such pool be en- closed with a suitable wall or fence to be determined by the Building In- spector, to prevent the entrance of persons other than those residing at the pool location. (1965) 4.19 On any lot in any Residence District, garaging or off-street parking, covered or open, of not more than four motor vehicles, of which not more than two may be commercial vehicles, but not ! counting farm trucks nor motor -pow- ered agricultural implements of an ag- riculturally active farm or orchard on which such vehicles are parked. 4.2 IN NEIGHBORHOOD BUSINESS DISTRICTS. 4.21 Stores not exceeding fifteen hundred (1500) square feet floor area per store for the retail sale of food, drugs and other articles or commodities for use and consumption in neighboring house- holds, but not for the sale of alcoholic liquors in any form, whether on draft or in packages. No Neighborhood Bus- iness District shall be more than three (3) acres total land area, including off- street automobile parking spaces. In addition there may be permitted in a Neighborhood Business District an au- tomobile lubricating and gasoline fill- ing station but only on petition, subject to site plan review and approval by the Board of Appeals, after public hearinl- thereon with due notice given. Auto- mobile repair garages and automobile sales places shall not be permitted in Neighborhood Business Districts. 4.22 No loading platforms or receiving doors shall be located on the street side of any retail stores or other commercial building in a Neighborhood Business District. 4.23 Dwellings, subject to the same lot size. yard space and all other restrictions and conditions as would apply if such dwellings were located in a Villane Residence District, also churches, schools, libraries, museums, local pas- senger stations and municipal or other public or civic buildings. 4.3 IN GENERAL BUSINESS DISTRICTS. 4.31 Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not inv lving man ac uring, a so retail bakeries or retail confectioneries 4.32 Banks, offices and municipal, civic or public service buildings such as post office, telephone exchange, town of- fices, school, library, museum, church, local passenger station. 4.33 Hall, club, theatre or other place of amusement or assembly. -- 4.34 Automobile service and filling stations, automibile storage and repair garages including automobile body repairs and painting, and automobile sale agencies for new and used cars provided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. Industi Wring, housin, activity quiet power, turbinE or othe buildin activitN such ac cant fc alter a other F ity ac( written tached mit tha be noxi the nei reason sion, pc of corn gas, sm agreeab other of 4.42 Farmins as spec: 4.19; al. actively tering, r other m packing. 4.43 4.44 4.45 4.35 Restaurant, dining room or lunch room. 4.5 4.36 Any accessory use customarily incident to any of the above permitted uses, pro- vided that such accessory use shall be ' not injurious, noxious, or offensive to 1 the neighborhood. s 4.4 IN INDUSTRIAL DISTRICTS. 4.41 Both in Industrial "S" Districts and in — 26 — Premise phone e. office, lc prsr-t, or 1 On petit and appy after a F notice gi filling st retail fo, stores of Express] tricts are mobile o- automob MOTELS Motels sl district b standard, ter a put Appeals cations f for a bui pansion than $50( LAW OFFICES OF REGINALD L. MARDEN, P.C. 23 CENTRAL STREET ANDOVER. MASSACHUSETTS DIBIO REGINALD L. MARDEN (MASS. N H. 6 ME.) GEORGE A. RANO DAVID J. SEGLEY VINCENT W. YOUMATZ (MASS. 6 N.H.) OEBORAH LOVETT DYER Town Clerk Town of North Andover Town Hall North Andover, Ma. 01845 Dear Sir, TEL: (5(38) 470.0477 FAX (508) 475-4644 Janaury 4, 1993 Re: Appeal of Building Inspector's Dec- ision: 162 Hillside Road, Stephen M. Juba, Jr. Pursuant of M.G.L. Chapter 40A Section 15, enclosed please find a Notice of Appeal of a decision of the Building Inspector, dated December 4, 1992. Kindly file same . Very tr.,L Zy/urs Regin ld �. Marde cc. Client / Building Inspector Board of Appeals Received by Town/' N=rk: 1 1 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS 1 BOARD OF APPEALS APPLICATION FOR RELIEF FROM mic REQUIREMENTS OF THE ZONING ORDINANCE Stephen M. Juba, Jr. ApplicancJuba Electric Company, Inc. Address 162 Hillside Road ' 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph --of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a)pp i e. �a i Cc tc ar land X _ anti building(s) X–numbcre(d l�_11S1�e-oa-_____ --_Street. b) premises affected arc property with front c[?flgnStld2eNgr"d( ) South ( ) Last QQ West ( ) side of Street, and known as No.__•__162 H1rrSldre RO1-6 c) P,cemises affected arc inq Dintrict23_, and the premises affected have an arca oC34709q} ,btSscduaCc Cect and Cronr.r lc Of _t(1 —feet. 3. ownership a) Name and address of Owner (if joint ownership, give all narmcs): Steven M. Juba Jr_ and __�_ ___) r__—_ --------- , Date of PurchasePrevious Owner b) If applicant is not owner, check leis/her interest in the premiscs: Prospective Purch'5cr Lcsce Other (expinin) 4.j Size of proposed building: front; feet deep; " licight _stories; feet. a) Approximate date of erect ioil: —___--____ b) Occupancy or use of each floor: ........... c) Type of construction: — ............. 5. Size of existing building:_ feet front:— (; _[�::t dcrp; lie i gh t—_—stories ; _--feet . a) Approximate date of erection: b) Occupancy or use of. each floor:— - c) Type of construction: G. Has there been a previour. �ppcnl, un d, r r.onin7, tRi thc:�: prr.mi::cr7 if so, when7 7. Description of r�Jcf souglit" on this petition They �titloner 1S "aDpeaZlll�� a decision of the Building Inspector dated' December 4, 1992 iSee coDv gtq:t h�d s 8. Decd recorded in the Registry of Deeds in Book Page 'l ;• .:- Land Court Certificate No.:�_q Dook Page The principal points upon which I base.my application are as follows: (must be stated in detail) l See Exhibit B attached hereto., ,. Z agree to pay the filing fee, advertising in newspaper, and incidental ' expenses. �, i /f 4 iA S _,eprlen 7ll�ar Signaaturc oL Pet>t>or�cr(e)- l Every application for action by the Board scall be made on a form approved by the Board. These forms shall be furnisher) by the Clerk upon request. Any communication purporting to be an application shall be treated as mere !notice of intention to seek relief until such time-a!" it is made on the . ;official application form. ALL information called -for by the form shall be furnisher) by the applicant in the manner trlcerein:":prescribed. i ! is Every-application shall be submitter) with a list of "Partic-- In Interco'," :wlcicYc list 51,311 include the pel"iCioneC, al,utterz, owners of land directly opposite on any public or private street or way, and abutters to the ; abutters ,wi thin' thrce hundred feet (300') of the property line of the petit cner as they appear an the most recent applicable tax list, notwithstanding that the land of any such owner is.locatcd in another city ; ortown, the ['fanning Board of ticc city or town,. and the Planning Board of i everyabutting city or town. 'Every aiplication s1ca11 be submitted with an applicaticil cicarge cost in ; the amount of $25.00. In ac?dition, the petitioner scall be responsible for any and all rests involved in bringing tice petition before tier [hard. but are not necessarily,' Suc -costs sha1L inc'_ude mailing and publication, limited to these. Every application shall be submitted with a plan of land appcoved by ticc „a Board. No petition will be brought before the Board unlcs:: lair] Plan has been submitted. Conics of the noard's requirements regarding plans arc i attached hereto or arc available from the Board of Acpeals upon rcq'.:c3t. LIST OF VARTICS IN IvrElIc"r Exh Town of KAREN H.P. NELSON � � T Di7eLtor NORTH ANDOVER BUILDING DIVISION OF CONSERVATION PLANNING PLANNING & COMMUNITY DEVELOPMENT Juba Electric company, Inc. 162 Hillside Road North Andover, MA 120 Main Street, 01845 (508) 682-6483 - December 4, 1992 To Whom It May Concern: This office is in receipt of a formaLcomplaint that you are operating an electrical businessply outlet from your l�� Q �W> a -C . ; residence which is in the Residence 3 District. �Ly Investigation of your property reveals a true complaint. The conducting of this type of business in the Residence 3 District is in violation of the North Andover Zoning By -Law, Section 4,�Paragraph 4.12�_and Tabl (1) one. You are hereby notified to cease operation of an elec- trical business/supply outlet in the R-3 District within sixty (60) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three Hundred Dollars ($300.00) per day for the violation. Each day that such violation. continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for grieving this decision to the Zoning Board of Appeals, if you so desire. Your cooperation in bringing this matter to a final conclusion is appreciated. c/K. Nelson, Dir. R. Kent Yours truly, —D. - D. Robert Nicetta, Building Inspector I Z/ �/ � -z-- EXHIBIT B I I The Building Inspector's decision dated December 4, 1992, i must be reversed as it is incorrect, both as a matter of fact and law. The petitioner does not, as is stated ill fhe decision, operate an electrical supply outlet at the premises l The business of Juba Electric, Inc. is that of an electrical contractor and not an electrical supply business. The business has existed at the 162 Hillside Road location since 1965, and therefore, as a matter of law, it is lirotected as a prior nonconforming use. The use is also protected and permissible as a home occupation under the zoning by law, and as a customary home occupation under the previous bylaw in Effect at the time the use commenced. J:JUBA LIST OF PARTIES OF INTEREST SUBJECT PROPERTY IMAP IPARCEL ILOT 7NAME JADDRESS I Jo A LIZ ARI ITTPP.q MAP IPARCEL ILOT INAME ADDRESS 7, o /kit, ro vl� Ll t-vnfov Orr -To 1ha H, I qL 14, bs Ir' r ki qcf IFJ-t'l; 1,� 6-111 V, v L4 2 1 '5f, cN% rT i 1Y ELI L K, �,A 16� o, o,, Date ...April, 20,..1993......... . Petition No.... 00.6-93............ February 9, 1993 Date of Hearing :iarch.9.,. 19.93 .... April 13, 1993 Petition of Stephen. M_ -Juba, • J•r.., •Juba. Electric• Company•,• •Inc: • • • • • • • • • • • • • • • • ... ' . Premises affected 162, Hillside. Road ................................................... as a Party A grieved of the Building Inspector's Referring to the above petition�K.��.p decision dated December'.4, 199.2.. ..................................................... ........................... wnu. rmit ........................................................... After a public hearing given on the above date, the Board of Appeals voted to ... UPHOLD .. the The Board stated that the conducting of an electrical Building Inspe.ctor'. s. Decision. business I t and the warehousing of electrical supplies in t the Residence -3 Disrict is in violation of the North Andover Zonin By-law, Sect, Paragraph 4.122 and Table (1) one. APR -2 - 1923 - _DING DEPARTMENT Signed Walter `sou le, Act ng -Chairman .. ........................... Louis Rissin ..................................... John Pallone ................. Board of Appeals �,,.� t:� .cd J u;v1y . _ , ... ce��r+ � • lass � �'� ' .. l.' �,Ie: k �� •�f• :w TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date ...April, 20,..1993......... . Petition No.... 00.6-93............ February 9, 1993 Date of Hearing :iarch.9.,. 19.93 .... April 13, 1993 Petition of Stephen. M_ -Juba, • J•r.., •Juba. Electric• Company•,• •Inc: • • • • • • • • • • • • • • • • ... ' . Premises affected 162, Hillside. Road ................................................... as a Party A grieved of the Building Inspector's Referring to the above petition�K.��.p decision dated December'.4, 199.2.. ..................................................... ........................... wnu. rmit ........................................................... After a public hearing given on the above date, the Board of Appeals voted to ... UPHOLD .. the The Board stated that the conducting of an electrical Building Inspe.ctor'. s. Decision. business I t and the warehousing of electrical supplies in t the Residence -3 Disrict is in violation of the North Andover Zonin By-law, Sect, Paragraph 4.122 and Table (1) one. APR -2 - 1923 - _DING DEPARTMENT Signed Walter `sou le, Act ng -Chairman .. ........................... Louis Rissin ..................................... John Pallone ................. Board of Appeals Any a,Ste... down yORTIj f 9 h 4,9SSn Ce�USEt1 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ********************************* * Stephen M. Juba, Jr. Juba Electric Company, Inc. 162 Hillside Road North Andover, MA 01845 * ********************************* R� � ,v QFR L� 3 of P � 93 DECISION Petition #006-93 The Board of Appeals held a regular meeting on Tuesday, February 9, 1993 continued to Tuesday, March 9, 1993 when the hearing was put under advisement upon the application of Stephen M. Juba, Jr. of Juba Electric Company, Inc. as a Party Aggrieved of the Building Inspector decision dated December 4, 1992 for the premises located at 162 Hillside Road, North Andover, MA. The following members were present and voting: Walter Soule, Louis Rissin and John Pallone. The hearing was advertised in the North Andover Citizen on January 20 and 27, 1993 and all abutters were notified by regular mail. At the meeting held on Tuesday, April 13, 1993 a motion was made by Mr. Rissin and seconded by Mr. Pallone to UPHOLD the Building Inspector's decision which was dated December 4, 1992. The vote was unanimous. The Board stated that the conducting of an electrical business and the warehousing of electrical supplies in the Residence 3 District is in violation of the North Andover Zoning By-law, Section 4, Paragraph 4.122 and Table (1) one. Dated this 20th day of April 1992. BOARD OF APPEALS Walter Soule Acting -Chairman The Board of Appeals held a regular meeting on Tuesday evening, February 9, 1993 in the Selectmen's Meeting Room at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio, Louis Rissin and John Pallone. PUBLIC HEARINGS Juba Electric Co. Party Aggrieved 162 Hillside Road Mr. Serio announced he could not sit for this hearing and turned his chair over to Mr. Soule. The Legal Notice was read by Mr. Vivenzio. Mr. Soule also requested Mr. Vivenzio to read the letter written by Mr. Nicetta, Building Inspector to Juba Electric Co. (see file) Robert A. Kent of 171 Hillside Road interjected citing a violation of the bylaw. He stated that Mr. Nicetta sent his letter to Mr. Juba on December 4 and Mr. Juba didn't respond until January 4, 32 days had elapsed. According to the bylaw Mr. Juba should have responded within 30 days. Atty. Reginald Marden, 23 Central St., Andover, Ma. represented Mr. Juba. He stated his client received the letter from the Building Inspector on December 5, the appeal was filed on January 4. Friday, January 1 was a legal holiday, Saturday, January 2 the Town Hall was closed, and Sunday, January 3 was a legal holiday. The first available day for filing was Monday, January 4. When the last day for filing falls on a Sunday or a legal holiday you can file on the next business day, which he did. Mr. Marden stated Mr. Juba has run this business from his home since 1965. He submitted two affidavits and memorandum of law.(see file) In 1967 the bylaw permitted customary home occupation which can be carried on by not more than five persons, one of whom should reside at the residence. The bylaw now permits only three employees. Mr. Juba has been running an electrical contracting company at his home. The employees go out to other homes or businesses to do the job. Mr. Juba does not have customers coming to his home. Atty. Marden stated that out of 63 electrical contractors found in the phone book, 46 run electrical contracting businesses from their home. He stated another complaint is that supplies are delivered to this address. Atty. Marden explained this is not unusual with any home occupation, dentists, doctors, and many others take deliveries at their home. Mr. Soule asked if anyone wanted to speak in favor of the petitioner. Abutter, William Scopa, 161 Hillside Road, stated his concern is whether this business --=is allowed in this neighborhood. It was explained to Mr. Scopa that in 1967 it was allowed. Another abutter, Marcelle Langevin, 150 Hillside Road, stated that she and her husband have never been bothered by the business. Mr. Vivenzio asked if she had noticed any change or expansion of this business. She stated she had not. Edmond Becotte, 136 Hillside Road stated he agreed with Mrs. Langevin. Mr. Vivenzio commented that Section 9.1 says if you were a non- ZBA 2/9/93 Page 2 conforming use which lawfully existed at the time under any prior bylaw it may be continued subject to the provisions of this bylaw, but such use may not be changed, extended or enlarged. So the real issue is whether this business has been changed or enlarged. Mr. Soule asked if anyone wanted to speak against the petitioner. Mr. Robert Kent, 171 Hillside Road spoke. He stated he has lived at his residence for 36 years. Mr. Juba started with one truck which he parked in the garage, the business has now grown to five trucks. Deliveries by large trucks are now two to three times a week. It takes five men about thirty-five minutes to unload one delivery truck into Mr. Juba's playroom and cellar. The Kent's live right across the street from Mr. Juba's driveway. Mrs. Kent also spoke. She stated that she and her husband had tried to speak with Mr. Juba and didn't get any cooperation. She also stated that employees come to the Juba home for lunch every day, even when no one is home. They have a key that they let themselves in with. Abutter, Michael Schena, 102 Hillside Road he wanted to make a formal protest that this hearing was being held illegally. He cited paragraph 10.4 of the variance of appeals which states that an appeal must be received within 30 days of the date of the order of decision that is being appealed. He also read a portion of Chapter 40, Section 15 of the Mass. General Laws. Any appeal under Section 8 to a permit granting authority shall be taken within 30 days of the hearing. He also cited that Mr. Juba lost his right to an appeal because the 30 days had expired. He stated the entire basement is filled with electrical supplies and he has an office in what use to be a bedroom which is also used as a cafeteria for the employees. He also stated most electric contractors go to an electric supply store for supplies, but Mr. Juba keeps tons of supplies at his residence. Mr. Soule asked if anyone on the Board had any questions. Mr. Vivenzio asked about the issue of expansion since that start of the business. Mr. Marden stated that Mr. Juba started working full time as an electrician and set up the corporation in 1967. He had five employees at that time and he still has that number of employees. It is still the same business it was in the beginning. He explained some of the equipment needed for a job is delivered to the house and are put into trucks. Many other parts are picked from a supplier. There are some parts stored at the house, these would be parts that are mare commonly used on a job. Mr. Rissin asked if the business has the same number of trucks and people as in the 1967. Mr. Juba stated that in 1967 the employees used their own cars and he had one truck. He now has three vans and a pick-up truck. One van and a pick-up truck is parked at the house overnight. ZBA 2/9/93 Page 3 Mr. Nicetta, Building Inspector read Section 4, Paragraph 4.14 and 4.18 of the 1967 Zoning Bylaws regarding home occupations. He also stated that the house is being used as a warehouse. Residence -3 states that warehousing and wholesaling is not an allowed use. Mr. Nicetta stated that Mr. Juba admitted to receiving deliveries of supplies at his home. Mr. Pallone stated that he'd like to see the definition of "home occupation". Atty. Marden stated this is the first complaint of record since in 1967. He feels it is impossible for this Board to conclude that this business is obnoxious, or a nuisance, or detrimental to the neighborhood. Mrs. Schena stated she is bothered with the traffic from the Juba trucks. Mr. Soule asked if the Board had any more questions. Mr. Pallone asked Mr. Juba if he uses any contract employees. Mr. Juba stated he employees five people only. Mr. Rissin asked Mr. Juba if he could provide proof of employees with tax statements from 1967. Mr. Juba stated he wasn't sure, but he would check. Mr. Rissin said this would help to decide if the business has expanded. Upon a motion by Mr. Rissin and seconded by Mr. Vivenzio the Board voted unanimously to CONTINUE the hearing in order to gather additional evidence. Amy Cameron/Callini Variances 23 Perry Street Legal Notices were read by Mr. Soule. Atty. David Bernardin, 346 N. Main St., Andover, MA represented the applicant requesting two sideyard variances. He stated Ms. Callini obtained from the building office a building permit to construct an addition to her home on December 8, 1992. Apparently, the Assistant Building Inspector did not notice the side setbacks were in violation. A letter from the abutters was read by Mr. Soule. (See file) Mr. Serio asked if there was anyone present who wanted to speak in favor of the petitioner. No one spoke. Mr. Soule read a letter from some abutters in support of this project. (See file) Mr. Serio then asked if there was anyone present who was in opposition to the petition. Mr. Richard Hamel of 21 Perry Street spoke. He stated he lives in the house directly in front of Ms. Callini's. Mr. Hamel distributed copies of a letter that he had sent to the Asst. Building Inspector. (see -file) Construction of Ms. Callini's addition began on December 21, 1992. Mr. Hamel contacted the Building Department on December 28, 1992 and the construction was stopped. Mr. Hamel stated that in his opinion there is no hardship. There was plenty of room in the rear and the side of the dwelling to build. Mr. Hamel just asked that the Board request the applicant to move the addition back approximately 8 1/2 feet. The Board of Appeals held a regular meeting on Tuesday evening, March 9, 1993 in the Senior Center at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman, Walter Soule, Clerk, Raymond Vivenzio, Louis Rissin and John Pallone. PUBLIC HEARINGS Rogers Park Realty Trust Variance 1160 Great Pond Road Mr. Soule read a letter from the developer, Tom Laudani, requesting the public hearing to be continued to the April 13, 1993 meeting. (See file) Upon motion by Mr. Soule and seconded by Mr. Rissin the Board voted unanimously to CONTINUE the public hearing to April 13, 1993. CONTINUED PUBLIC HEARINGS Juba Electric Party Aggrieved 162 Hillside Road Mr. Serio did not sit for this continued public hearing, he turned his chair over to Mr. Soule. Mr. Rissin was the Acting Clerk. Mr. Soule asked if there was any new information, from either party. A letter dated March 3, 1993 from Atty. Marden, Mr. Juba's attorney, was read by Mr. Rissin. Copies of payroll records from 1967 were also given to the Board.(See file) Atty. Dana Cohen, attorney for Mr. Kent, read an affidavit from Steven M. Juba. He also presented a memorandum to the Board. (See file) Atty. Cohen reviewed contents of memorandum. Mr. Scopa, 161 Hillside Road presented an affidavit to the Board. (See file) Mr. Rissin read to the Board some of what was contained in the payroll records. The Board discussed taking this under advisement so that they could review all the material that was submitted. Upon a motion by Mr. Rissin and seconded by Mr. Vivenzio, the Board voted unanimously to TAKE THIS UNDER ADVISEMENT. Mr. Soule gave the chair back to Mr. Serio. Patricia Palmese 15 Meadowview Road Special Permit & Variance Mr. Soule read a letter from Mrs. Palmese asking for permission to withdraw without prejudice. (See file) Upon a motion by Mr.Vivenzio and seconded by Mr. Rissin, the Board voted unanimously to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. - PUBLIC HEARINGS Brooks School Variance 1160 Great Pond Road The Legal Notice was read by Mr. Soule. Mr. Frank Marino from Brooks School and Thomas Ansler, Architect for the project represented Brooks School requesting relief of twenty (20) feet The Board of Appeals held a regular meeting o April 13, 1993 in the Senior Citizen's Center following members were present and voting: Chairman, Walter Soule, Clerk, Louis Rissin and DECISIONS n Tuesday evening, at 7:30 p.m. The Frank Serio, John Pallone. Juba Electric Party Aggrieved 162 Hillside Avenue Upon a motion by Mr. Rissin and seconded by Mr. Pallone the Board voted to UPHOLD THE BUILDING INSPECTOR'S DECISION dated December 9, 1992. The vote was 3-0-1, Mr. Serio abstained. CONTINUED PUBLIC HEARINGS Rogers Park Realty Trust variance 580 Osgood Street Developer, Tom Laudani showed revised plans for this subdivision. He stated that he had received unanimous approval from the Planning Board. Under Planned Residential Development in R-2 zone the allowed lot size is one-half acre. Most of the lots comply. Forty-five percent of the land will be gifted to the town. Various issues were discussed, such as the mansion and the barn. A letter from Kathleen Bradley, Town Planner was read by Mr. Soule (see file). Mr. Serio asked if anyone present wanted to speak in opposition to this request. Atty. Reginald Marden representing William Rockwell of 676 Osgood Street and Dr. George Ousler of 623 Osgood Street presented a memorandum addressing the legal issues to the Board. He stated that none of the requirements for issuing a variance were being met by the petitioner. His argument was that the land should simply be developed with Form -A lots. He also questioned hardship and stated that the developer could develop a PRD without a variance, he wants the variance so that he can develop more lots. Tom Laudani spoke once again. He stated that the alternative would be to develop thirteen Form -A lots which would take 100% of the land, this would also mean that there would be thirteen homes with thirteen driveways coming out onto Osgood St. Steve Stapinski from Merrimack Engineering spoke regarding the wetlands on the property. He suggested that because of the amount of wetlands, this could be the hardship for this property. Atty. Marden spoke again stating that considering the soil and topography there is no hardship. Motion by Mr. Rissin and seconded by Mr.Soule to TAKE THE MATTER UNDER ADVISEMENT. Motion passed unanimously. MEMORANDUM TO: Town of North Andover Board of Appeals FROM: Cohen Law Offices, P.C. DATE: March 5, 1993 1 RE: Juba Electric Co., Inc. 162 Hillside Road, North Andover, MA This memorandum of law is submitted in support of the Town of North Andover's Building Inspector's decision requiring Juba Electric Co., Inc. to cease operation of an electrical business/supply/warehouse outlet in a Residential 3 District of North Andover, MA because said use of the property is in violation of Town Zoning By -Laws, Section 4, Paragrafths 4.122, 4.121, 4.14, 4.19 & 4.04. ISSUES 1. Whether the use of the property located at 162 Hillside Avenue, North Andover, Massachusetts is a continuing nonconforming use? 2. Whether the alleged home occupation since 1967 has changed, been modified or enlarged since 1967 and if so, whether said modification or enlargement complies with Zoning Regulations? FACTS Juba Electric Co., Inc. is owned and operated by Stephen M. Juba, Jr. at 162 Hillside Road, North Andover. 31419 �r� The bu_�ness commenced operation �,�1965 and was incorporated under the Laws of Massachusetts in 1967. since its commencement the character and quality of the business has grown rapidly in many respects. The number of employees has risen from only Mr. Juba and one part or full time employee to at least five full time employees, including Mr. Juba. The number of vehicles registered at the property has risen from one truck to seven vehicles according to town records. Five of the seven vehicles are commercially registered in the name of Juba Electric Co., Inc. The nature and purpose of the business has changed from one or two employees contracting jobs to fit around their full time jobs to a business which is operating a full scale supply and wholesale electric company. Heavy trucks, including 18 wheelers, are continuously delivering supplies to the home. The supplies are warehoused in the basement and garage of the premises. The noise and traffic has become unbearable for neighbors. Traffic has increased substantially due to the new wholesale component to the business. Loading and dropping off of materials throughout the day has added noise and serious safety concerns to the neighborhood. The Building Inspector sent a formal complaint letter to Juba Electric informing Juba of the Zoning Violation. Juba appealed to this Board for relief. -2- Many neighbors have complained about the existence of this large electric supply business in a residential neighborhood because the business is generating significant traffic and noise. DISCUSSION Juba Electric Co., Inc. should not be permitted to operate its electrical supply business in a residential district as a prior nonconforming use, because of the substantial and extensive changes and enlargement of the business since its commencement which would no longer afford the business protection under the Zoning laws as a prior nonconforming use. The Zoning By -Laws provide, in pertinent part, that: "Any lawfully non -conforming building or structure and any lawfully non -conforming use of building ... may be continued in the same kind and manner and to the same extent as at the time it became lawfully non -conforming, but such... use shall not at any time be changed, extended or enlarged except for purposes permitted in the zoning district in which such building or use is situated..." (Zoning By -Laws Section 4, Paragraph 4.04) The business has enlarged and changed since its inception. The current use of the property is different in kind and presently has a detrimental effect on the neighborhood, whereas the prior use was sma31 and unobtrusive. -3- In 190 only one vehicle was usey the business. Currently, there are seven vehicles registered to the property in question according to town records. There are also heavy trucks, including 18 wheelers, making deliveries of supplies to the premises. Also, the number of employees has risen from only Mr. Juba and one part or full time employee to at least five full time employees, including Mr. Juba. (See the attached supporting Affidavit). The nature and purpose of the business has changed from one or two employees contracting jobs to fit around their full time jobs to a business which is operating a full scale supply and wholesale electric company. In addition, there are supplies warehoused in the premises, and there are constant deliveries and pickups from the premises on a daily basis. The traffic and noise is extremely annoying to neighbors and is detrimental to the neighborhood. The Zoning By -Laws were written to protect neighborhoods from these types of activities. Juba Electric argues that it is a customary home occupation and should be allowed to remain as a preexisting nonconforming use. The By -Laws specifically provide, however, that a home occupation shall be allowed provided that: "...in any dwelling, such customarT home occupations shall be carried on by not more than five persons of whom at least one shall reside in such dwelling." (Zoning By -Laws, Section 4, Paragraph 4.14) -4- 0 It is questionable whether or not Juba Electric employed 1,2, 3 or 5 people in 1967. If in fact there were only three or fewer employees, Juba Electric is in violation of the Zoning Regulations for home occupations. Also, Juba Electric does not operate solely in the home as a home occupation. The business activity commences in the home, however, there is visible exterior activity directly related to the business. It is a fact that Juba Electric warehouses electrical supplies in the premises and actually performs its business outside the premises. This violates the "home occupation" By -Law. The Zoning By -Law states that the home occupation must be "in the dwelling". (Zoning By -Laws, Section 4, Paragraph 4.14) This exterior activity is also extremely disturbing to neighbors and this activity violates other sections of the Zoning By -Laws. provides that: Section 4, Paragraph 4.19 "no more than four motor vehicles, of which not more than two may be commercial vehicles, are allowed in a residential zone." Juba Electric, according to town records, has seven (7) vehicles registered to the premises, five (5) of which are commercial vehicles. Under the By -Laws, only Two (2) vehicles may be commercially registered. -5- 0 Furthermore, Juba Electric receives large deliveries of electrical supplies from week to week. Juba Electric stores and warehouses these supplies until they are needed for a particular job off the premises. If in fact Juba Electric is warehousing, this too is not a permitted use in an R3 District and is a change in use. The Zoning By -Laws indicate, under the home occupation section, that: "...Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits..." (Zoning By -Laws Section 4, Paragraph 4.121 (4)(d)). If this Board views the premises of Juba Electric, it may learn that the premises is, in fact, utilized as a warehouse facility in a Residential District and in violation of the home occupation bylaw. The inventory warehoused may exceed use of 25% of the gross floor area of the premises. Massachusetts General Laws chapter 40A section 6 states that "...Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use of the neighborhood." (M.G.L.C. 40A, Section 6). M. 11 f1 The test as to whether or not a substantial extension of the prior use has taken place is found in Bridgewater v. Chuckran. A three prong test asks the following questions: 1. Whether there is a difference in the quality or character, as well as the degree of use? 2. Whether the current use reflects the nature and purpose of the prior use? 3.. Whether the current use is different in kind in its effect on the neighborhood? See, Bridgewater v. Chuckran, 351 Mass. 20, 23, 217 N.E. 2d 726 (1966). Juba Electric has increased the degree and character to which the premises is used for the business. The current use as a warehouse could not have been the purpose and intent of the prior use. The current use is more detrimental on the neighborhood than in previous years. Similar to the automotive business in Building Inspector of Groton v. Vlahos, operation of Juba Electric Co., Inc. at its residential location constitutes an "impermissible extension of a prior nonconforming use in existence when the bylaw was enacted, in that the nature, purpose, quality, character and degree of defendant's use of the property were substantially different from the prevailing use when by laws were enacted, and the use was different in its effect on the neighborhood." Building Inspector of Groton v. Vlahos, 409 N.E. 2d 795, 795, 10 Mass App. 890 (1980). -7- The By-laws specify that to be a hom,= occupation: "...the building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise disturbances or on any way become objectionable or detrimental to any residential use within the neighborhood." (Zoning By -Laws Section 4, Paragraph 4.121 (4)(f)). Juba Electrical, through its excessive growth and change, has become greatly objectionable to the residential neighbors. The number of trucks and other vehicles has increased the amount of emissions, including smoke, dust and odor to the neighborhood. Juba trucks advertise by displaying the company logo upon most of the company vans. The neighbors are exposed to reduced property values, reduced aesthetic appearance, reduced privacy and enjoyment, increased traffic, increased safety concerns and general disturbance to the residential character of the neighborhood. Supporting affidavits have been submitted from the following neighbors: 1. Robert & Ellen Kent 171 Hillside Road, North Andover, MA 2. William & Anna Scopa 161 Hillside Road, North Andover, MA -8- CONCLUSION The nature and use of the premises at 162 Hillside Road, North Andover has changed and enlarged substantially since the business commenced. The business is a warehouse and electric supply facility in a residential district, which is detrimental to the neighborhood due to its excessive traffic, noise and odors. Juba Electric should cease operations in its present form, remove all warehoused supplies and cease accepting deliveries, as the prior nonconforming use Bylaw no longer protects it as a home occupation. The Building Inspector's ruling should be affirmed. Respectfull, Submitted, Dana S. Cohen, Esq. Cohen Law Offices, P.C. 10 New England Business Center Andover, MA 01810 N March 1, 1993 Board of Selectman Town of North Andover North Andover, MA o 1845 Dear Sirs: My name is William Scopa and I reside at 161 Hillside Road which is directly opposite from Stephen Juba. Recently, I received a letter from another neighbor, stating that Steve and Claire Juba are decent and honorable people. I wholeheartedly agree that this is a true statement, as do all the neighbors, but this is not the issue here. At the last meeting, on the subject of conducting a business in a residential neighborhood, Mr. Juba's attorney mentioned an absurd example of not actually doing work at the residence. Frankly, his example was insulting and still not at issue here. The problem is, the growth of the business which can be easily substantiated by tax records. I am especially concerned with the number and size of the trucks coming and going on a daily basis. Not only is the property used as a centralized garaging for vehicles but very large delivery trucks make frequent shipments of supplies to the house. I cannot see where Mr. Juba is willing to make any compromise in this matter. If he had spoken up and offered to contain his operation in any way, it would have helped his cause. We've expressed our concerns openly and expect Mr. Juba to do the same concerning his intentions. I sincerely hope this matter can be resolved and our neighborhood restored to the residential, safe, noiseless street that we enjoyed before the escalation of Mr. Juba's business. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY: MARCH 1, 1993 WITNESS : U William P. Scopa WITNESSY?j cti (c ' ✓ C —ti —�. Anna Scopa Affidavit We, Ellen and Bob Kent, have lived at 171 Hillside Road, North Andover, MA since 1957 directly across from the Juba residence. (Refer to photos) Stephen and Claire Juba built a new home in 1965 at 162 Hillside Road, No. Andover. He was an electrician, and at that time he had one Volkswagen truck which he was able to get into his two vehicle garage because there were no ladders or tube on the truck roof. Steve Juba worked at the Andover Companies as an electrician and built his electrical contracting business working nights and weekends. In the early years, his supplies were picked up at electrical supply houses on an as needed basis. To our best recollection, the business grew and he progressed to two trucks in the late 70's. At that time, he had a helper working with him. His son, Stephen III went to work for his father after graduation from high school and a semester of college in approximately 1977. The business has grown, expanded, and flourished, increasing through the 1980's to four trucks. A fifth van was parked idle, on flat tires, in his yard for approximately 3 years. At present, there are five commercial vehicles registered to Juba Electric, at 162 Hillside Road, No. Andover, MA. With two personal vehicles, this totals seven. We have observed another employee arriving with his vehicle, on an almost daily basis. This truck, with roof ladders and tube, is left parked at the Juba residence for the day because this worker drives the Juba Electric van to his jobs. (see photos presented at the last hearing) Since the fall of 1992, another unmarked grey truck has picked up supplies at the residence. The Jubas (Stephen Jr., Stephen III and Claire) have told us that he also works for the corporation. This totals, to the best of our knowledge, six employees. In the last approximately five years, the truck traffic .iu and out of the Juba driveway has increased dramatically . The trucks are drawn to the Juba home each morning. We observe them being supplied for the day's work; some return throughout the day for supplies. Several return in the late afternoon, unload trash into an abutting shed and two trucks depart. In April 1992, because of an accumulation and build up of commercial electrical units around the shed and along the garage side of the house, as well as the idle Juba van, and because of increased traffic, Bob Kent spoke with Steve, Jr. about the increasing problem. Steve didn't feel that it was offensive and was upset that we would complain, stating the idle van was his "pet" and he didn't want to get rid of it. He suggested that a tarp cover might help. It was at this time that he stated "I need three more years of doing business out of Hillside Road." He was annoyed! The deliveries and truck traffic continued. In the Spring, an 18 wheeler could not navigate the driveway and the driver proceeded to wheel supplies to the garage from the street. On Nov. 11, 1992, a large Ralph Pill supply truck pulled toward our driveway, cutting the heavy morning commuter traffic, backing up into the Juba driveway. Five men unloaded supplies for 30+ minutes into the lower garage and family room. At this time, we realized that wholesale warehousing was drawing the trucks back and forth throughout the day for supplies. We recognized that the core of the problem was the wholesale warehousing. On Nov. 11 th, Ellen Kent immediately phoned Claire Juba concerning the huge delivery. Claire could not understand our frustration and stated that "She knew they had a big delivery, but they would not have another big delivery like that for another eight weeks." Ellen asked Claire to please have Steve phone us. There was a great need to talk. Five days later, Steve had not contacted us. It was then that we decided to appeal for relief, in writing and with pictures, to the Building Inspector, Bob Nicetta. Steve Jr. and Steve III did come to .our house to discuss the issue two days after we had appealed to the building inspector. We told them "They had waited too long." We also stated that in our opinion and from our observation, that he was operating a full scale commercial business and commercial warehouse and that his garage was 'bursting at the seams'. Steve said that he had tried to have his South Lawrence property rezoned commercial but the chances for success were slim and relative to the costs involved in rezoning, it is our understanding that his decision was not to go forward with the idea. On Nov. 18th, another delivery of electrical supplies --and materials was made to the Juba residence. The next day, another! We have also seen other small delivery trucks unload supplies from time to time. (Sampling of deliveries and loading of trucks at the Juba residence is attached. This was submitted to the Board of Appeals on February 9, 1993.) In talking with Steve in April, he stated that he needed three more years of doing business out of Hillside Road. In November - it had become five more years! This situation has become abusive, offensive and intrusive. It has been an emotional nightmare; we have hesitated, and hesitated for quite some time, to act on our frustration due to years of friendship, but we had no recourse! We have given Claire and Steve opportunity and help through the years. However, there is a distinct change in the business picture which impacts the residential character of the neighborhood and especially us, who live directly acroos the street from it. Our driveways are approximately 20 feet apart. Their business, from our observation, is a full scale commerical, electrical contracting business, with a wholesale warehousing component. We cannot see how this can be classified as a home occupation as defined by the town By -Laws. This business should now be moved to a commercially zoned area. In summary: -The Juba business has grown from 1 man to 5 or more employees or sub contractors. -The number of vehicles registered to Juba Electric has increased from 1 to 5. With 2 personal vehicles, this brings the total to 7 registered to that address. -The traffic in and out of the driveway, directly across from our home, has increased many times over what it was when the business was started. -The large deliveries of electrical supplies and equipment violates the 2 1/2 ton restriction on Hillside Road. -The daily, and constant, coming and going of the Juba Electric vehicles easily adds up to many., many vehicle trips each day. This business is not a home occupation according to the By -Laws of either 1972 or 1967. It states that a home occupation be conducted within the structure or in the dwelling. The Juba Electric business is a full-scale electrical contracting business and should be required to move to a commercially zoned area. We appeal to the Board to uphold the Building Inspector's decision and to enforce the By-laws that are designed to protect us.. Signed under the pains and penalties of perjury, this d J day of 1993. Witness y Received by Towi \,�crk: ( j TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS Tei i APPLICATION FOR RELIEF FROM Tim REQUIREMENTS OF THE ZONING ORDINANCE Stephen M. Juba, Jr. ApplicantJuba Electric Company, Inc. Address 162 Hillside Road 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph i and TabLc of the Zoning By Laws. C— b) For a Special Permit under Section Paragraph of the Zoning-1- 13Y oningfay Laws. -- C), As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. C r� 2. a) p c�{ni i ffer�tc arq landX--and buildings) X -numbered 11 LL "IfsiQe �oaQ -- Street. —� . b) Premises affected are property with front 'IT111nSVd!--"Brad( ) South ( ) tear>t ()4j West ( ) side of Street, and known as No. 162Hl��S1C�e R03C�----Street. c) Premises affected arc in 7,o 9 District 23 , and the premises affected have an arca of34,bti� square feet and frontiigc of cc t . -- -- --- 3. Ownership a) Name and address of owner (if joint ownership, give all names): Steven -M_ -Juba Jr. and---'='--f�;°_=•' ` ��-----____-- Date of Purchaser t--i�_ �-Previous Owner b) If applicant is not owner, clieck )pis/her interest in the premises: Prospective Purchaser Lesce Other (expLain) 4w Size of proposed building: front; feet deep; " (icight _ -stories; _feet. a) Approximate date of erection: b) Occupancy or use of each floor: c) Type of construction: 5. Size of existing building:- Wj; feet front;— 3(; t dc( -11; )ieight_1__stories; -f�_ feet. a) Approximate date of erection: ---%-`----- b) r 1 + Occupancy or use of. cacti floor:_(-,,' - c ) Type of construction: V\j '+ 1 ;. G. Has there been a previou^ appenL, und„r tuning, oil` then.e If so, when? :1.7;,' Description of :lief sought* on this petition 1lt`._. Petitioner iS'aDDea1 ' ' .a decision of the Building Inspector dated•Dece6er 4, 1992 (See Y x i dA s RMN 4 B. Deed recorded in the negistr of Deeds in Book Page ± ..'..,.Land. Court Certificate No. Book Page ?The principal points upon which I base•my application are as follows: (must be stated in detail) Sb; See Exhibit B attached hereto. agree to pay the filing fee, advertising in newspaper, and incidental ;expenses" v / �. ! ff'1A fir-? � 1. • ryry� �/ � i �U.V .�, _C rte------- ,.r•. _ ep en M. 7ll5a, rSlgnature c-- Pctitioi�er-T :Every application for action by the Board shall be made on a form approved by -the Board. These forms shall be furnished by the Clerk upon request. Jany communication purporting to be an ariplication shall 12c treated as mere 'notice of intention to seek relief until such time as it is.made on the , jofficiaL application form. ILL information called -for by the form shall be furnished by the applicant in the manner therein:.:prescribed. i 1; I' . .Every -application s1ra11 be submitted watt: a List of "11, rtica Irr Interest ;which list shall include the petitioner, abutters, owners of Lnnd directly :opposite on any public or private street or way, and abutters to the ;abutters,within'three hundred fact (300') of the property lime of the petitioner as they appear, on the most recent applicable tax list, 'notwithstanding that the land of any such owner is located in another city,.' -.`.!i or town, the Planning Board of the city or town,, and the Planning Board of :every, abutting city or town. ''Every application shall be submitted with an application charge cost in the amount - of $25.00. In addition, the petitioner shah be responsible :for any and all costs involved in bringing the petition before the Board. Such_ costs shall include mailingon, but are not necessarily. and P publication, limited to these. �l Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the lJoard unless said plan has been submitted. copies of the Board's rcquiremr_nts regarding plans are attached hereto or are available from the Board of Appeals upon request. ,! LIST' OF PARTIES IN INTERrST IV I Affidavit We, Ellen and Bob Kent, have lived at 171 Hillside Road, North Andover, MA since 1957 directly across from the Juba residence. (Refer to photos) Stephen and Claire Juba built a new home in 1965 at 162 Hillside Road, No. Andover. He was an electrician, and at that time he had one Volkswagen truck which he was able to get into his two vehicle garage because there were no ladders or tube on the truck roof. Steve Juba worked at the Andover Companies as an electrician and built his electrical contracting business working nights and weekends. In the early years, his supplies were picked up at electrical supply houses on an as needed basis. To our best recollection, the business grew and he progressed to two trucks in the late 70's. At that time, he had a helper working with him. His son, Stephen III went to work for his father after graduation from high school and a semester of college in approximately 1977. The business has grown, expanded, and flourished, increasing through the 1980's to four trucks. A fifth van was parked idle, on flat tires, in his yard for approximately 3 years. At present, there are five commercial vehicles registered to Juba Electric, at 162 Hillside Road, No. Andover, MA. With two personal vehicles, this totals seven. We have observed another employee arriving with his vehicle, on an almost daily basis. This truck, with roof ladders and tube, is left parked at the Juba residence for the day because this worker drives the Juba Electric van to his jobs. (see photos presented at the last hearing) Since the fall of 1992, another unmarked grey truck has picked up supplies at the residence. The Jubas (Stephen Jr., Stephen III and Claire) have told us that he also works for the corporation. This totals, to the best of our knowledge, six employees. In the last approximately five years, the truck traffic -in_ and out of the Juba driveway has increased dramatically . The trucks are drawn to the Juba home each morning. We observe them being supplied for the day's work; some return throughout the day for supplies. Several return in the late afternoon, unload trash into an abutting shed and two trucks depart. In April 1992, because of an accumulation and build up of commercial electrical units around the shed and along the garage side of the house, as well as the idle Juba van, and because of increased traffic, Bob Kent spoke with Steve, Jr. about the increasing problem. Steve didn't feel that it was offensive and was upset that we would complain, stating the idle van was his "pet" and he didn't want to get rid of it. He suggested that a tarp cover might help. It was at this time that he stated "I need three more years of doing business out of Hillside Road." He was annoyed! The deliveries and truck traffic continued. In the Spring, an 18 wheeler could not navigate the driveway and the driver proceeded to wheel supplies to the garage from the street. On Nov. 11, 1992, a large Ralph Pill supply truck pulled toward our driveway, cutting the heavy morning commuter traffic, backing up into the Juba driveway. Five men unloaded supplies for 30+ minutes into the lower garage and family room. At this time, we realized that wholesale warehousing was drawing the trucks back and forth throughout the day for supplies. We recognized that the core of the problem was the wholesale warehousing. On Nov. 11th, Ellen Kent immediately phoned Claire Juba concerning the huge delivery. Claire could not understand our frustration and stated that "She knew they had a big delivery, but they would not have another big delivery like that for another eight weeks." Ellen asked Claire to please have Steve phone us. There was a great need to talk. Five days later, Steve had not contacted us. It was then that we decided to appeal for relief, in writing and with pictures, to the Building Inspector, Bob Nicetta. Steve Jr. and Steve III did come to .our house to discuss the issue two days after we had appealed to the building inspector. We told them "They had waited too long." We also stated that in our opinion and from our observation, that he was operating a full scale commercial business and commercial warehouse and that his garage was 'bursting at the seams'. Steve said that he had tried to have his South Lawrence property rezoned commercial but the chances for success were slim and relative to the costs involved in rezoning, it is our understanding that his decision was not to go forward with the idea. On Nov. 18th, another delivery of electrical supplies, and materials was made to the Juba residence. The next day, another! We have also seen other small delivery trucks unload supplies from time to time. (Sampling of deliveries and loading of trucks at the Juba residence is attached. This was submitted to the Board of Appeals on February 9, 1993.) In talking with Steve in April, he stated that he needed three more years of doing business out of Hillside Road. In November - it had become five more years! This situation has become abusive, offensive and intrusive. It has been an emotional nightmare; we have hesitated, and hesitated for quite some time, to act on our frustration due to years of friendship, but we had no recourse! We have given Claire and Steve opportunity and help through the years. However, there is a distinct change in the business picture which impacts the residential character of the neighborhood and especially us, who live directly acroos the street from it. Our driveways are approximately 20 feet apart. Their business, from our observation, is a full scale commerical, electrical contracting business, with -a wholesale warehousing component. We cannot see how this can be classified as a home occupation as defined by the town By -Laws. This business should now be moved to a commercially zoned area. In summary: -The Juba business has grown from 1 man to 5 or more employees or sub contractors. -The number of vehicles registered to Juba Electric has increased from 1 to 5. With 2 personal vehicles, this brings the total to 7 registered to that address. -The traffic in and out of the driveway, directly across from our home, has increased many times over what it was when the business was started. -The large deliveries of electrical supplies and equipment violates the 2 1/2 ton restriction on Hillside Road. -The daily, and constant, coming and going of the Juba Electric vehicles easily adds up to many., many vehicle trips each day. This business is not a home occupation according to the By -Laws of either 1972 or 1967. It states that a home occupation be conducted within the structure or in the dwelling. The Juba Electric business is a full-scale electrical contracting business and should be required to move to a commercially zoned area. We appeal to the Board to uphold the Building Inspector's decision and to enforce the By-laws that are designed to protect us. Signed under the pains and penalties of perjury, this d' .'3 day of -��`� J1993. Witness f 1: March 1, 1993 Board of Selectman Town of North Andover North Andover, MA o 1845 Dear Sirs: My name is William Scopa and I reside at 161 Hillside Road which is directly opposite from Stephen Juba. Recently, I received a letter from another neighbor, stating that Steve and Claire Juba are decent and honorable people. I wholeheartedly agree that this is a true statement, as do all the neighbors, but this is not the issue here. At the last meeting, on the subject of conducting a business in a residential neighborhood, Mr. Juba's attorney mentioned an absurd example of not actually doing work at the residence. Frankly, his example was insulting and still not at issue here. The problem is, the growth of the business which can be easily substantiated by tax records. I am especially concerned with the number and size of the trucks coming and going on a daily basis. Not only is the property used as a centralized garaging for vehicles but very large delivery tricks make frequent shipments of supplies to the house. I cannot see where Mr. Juba is willing to make any compromise in this matter. If he had spoken up and offered to contain Ills operation in any way, it would have helped his cause. We've expressed our concerns openly and expect Mr. Juba to do the same concerning his intentions. 1 sincerely hope this matter can be resolved and our neighborhood restored to the residential, safe, noiseless street that we enjoyed before the escalation of Mr. Juba's business. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY. jVARCI r 1, 1993 I WITNESS: a - William P. Scopa WITNESS: Anna Scopa �J Affidavit North Andover Board of Appeals Town Hall Main Street No. Andover,,, MA 01845 Dear Sirs: 10 102 Hillside Road No. Andover, MA 01845 February 23, 1993 I am writing this letter to let you know what I have observed over the past many years, with respect to Juba Electric Company. (Stephen Juba) I, Michael Schena, owned and operated a business as, Michael Schena; Designer and Builder. My business operated from the early 60's up to the early 80's. During the early years that I was in business, I hired Stephen Juba as an electrical sub -contractor. His sub -contracting work for me was from the mid 60's to the mid 70's. During that time Steve Juba came to work for me alone or with a helper. To my knowledge, he did not have full-time help. He worked full- time at the Andover Companies, as he still does today, but he only worked nights and weekends at his side business. During the time that I hired him (60's -70's) he owned one VW bus/van that was, as I would say, his shop on wheels. His helper came in his own car. (I might remind you that Steve did admit this at the hearing. He said "He could not afford the four vans he now has.") The VW would always be loaded as it appeared that the wheels could not take much more. In this truck was what I would estimate to be 95% of his supplies. He would pick up materials for my jobs, when he needed them, from the local electrical supply firms. On or about mid 74, it became apparent to me that I had to find a new electrical sub -contractor because my jobs were being delayed because Steve Juba, being a full time employee of the Andover Companies, only worked on myjobs at night and on weekends. A helper was present only some of the time. It was necessar-,, for me to hire another firm that had full-time employees so that I could vet my work done in a timely fashion. _ Therefore, I hired Lambert Electric, George Lambert owner. George worked with at least one full-time and most of the time with two employees. He was not large, but was sufficient for my needs and was available during the regular work ktay. I am relating the above to try to show the board that during the time Juba Electric worked as a sub -contractor to Michael Schena, Designer and Builder, Steve customarily did the work himself with, on occassion, a helper. I can therefore only conclude that he did not have 5 employees prior to 1974. I would also estimate that the business volume was probably about 10% of what it is today. I was in his house and in his basement many times during the late 60's and early 70's. In fact, I did the interior finish when his home was being built. His "office" consisted of a small writing surface, approximately 2' square between his kitchen and family room. As I stated before, his electrical supplies were in the bus/van and he picked up on an "as needed" basis during this time. The situation before the board is - Has there been a change in Steve's business? Yes, a tremendous amount of change has happened. He has gone from 1 vehicle and 1 helper to at least 4 vehicles and a garage/cellar/playroom area containing a considerable amount of electrical supplies. I understand that he as even stated publicly that he now buys in bulk because he can get a better price. Change ves because from my observation, Mr. Juba has gone from working the business himself with one full-time, or part-time helper to now having four employees, plus himself. It also appears that, on occassion, he may Have as many as 6 or 7 employees or other help because unmarked vehicles co ale and go for supplies. Change yes, from picking up supplies at the electrical supply companies to having truck loads delivered to his house on a regular basis. (evicienced by photos submitted at the last hearing) Change ves, that the employees daily come to the house and load up he 3 trans and his pick-up truck and routinely return during the wort: day for messages and supplies. In addition, at other times, another unmarked van has been seen coming and going from the residence. (see photos submitted at the last hearing) I can only conclude that Juba Electric Co. may well be larger than some other electrical contractors in town. However, Juba Electric -Is working oiit of a residential zone. e to I want the board to know that I wish Mr. Juba and his business every success and hope he continues to grow but my only request is that he relocate to a commerical district and stop running this business from a residential area. It is detrimental to the neighborhood because it affects our property values; the aesthetic appearance of Hillside Road; and the increased traffic from his driveway can easily amount to 25+ vehicle trips on any given day. My request to the Board of appeals is that we, the neighbors, be afforded the rights and protection guaranteed to us in our zoning by-laws. We, the neighbors, have certainly given Juba Electric every advantage over these years to grow and prosper. He has grown and his business has changed to the point now where it is now so large that it is objectionable and detrir.;Lntal to she residential character of the neighborhood. We can no longer let a full-blown commercial business operate in a residential zone to the detriment of our properties. The non -conforming use standard, as I view it, should be the 1972 zoning by -lav . Juba Electric did not have 5 employees, 4 trucks and a cellar/garage/playroom with electrical supplies when this by-law went into effect. I therefore ask that the board uphold the decision of the Building Inspector. Sincerely, Michael Schena Signed under the pains and penalties of perjury, this C�"_ 1993. VV itn'e Witness day of AFFIDAVIT OF RAYMOND LANGEVIN I, Raymond Langevin, being duly sworn, state as follows: 1. I have lived at 150 Hillside Road, North Andover, since 1963. 2. I am the immediate abutter to the property of the Petitioner Stephen M. Juba, Jr. at 162 Hillside Road, North Andover, Massachusetts. 3. Since the time Mr. Juba built his home, I have had occasion to observe his business being operated and the manner in which it is being operated. 4. I have observed, since 1967 that the nature and type of business that Mr. Juba has operated, has been substantially the same. 5. I have never observed members of the public come to Mr. Juba for the purposes of purchase electrical equipment. 6. I have never observed anything that is offensive or that is a nuisance, nor have I observed any other such acts which would effect the enjoyment of my property, nor infringed on my privacy as a result of the Juba's electrical contracting business. Signed under the pains and penalties of perjury this 9th day of February, 1993. Raymond Langevin J:AFF-RL ...,'.. yY w•YYt.:\3a'"=E:�Il'�y=`.,x�lillr�"�'-A'.."s7d.th�`�..`�-�v5}yrs;`;�m`d�_:s�a�:.�`1LL:s.+t'4v,�-."'ri.:�'..k.G�L4.�?t':a�:;7S*��,s-ESitiAntSeiF:r.� AFFIDAVIT OF STEPHEN M. JUBA I, Stephen M. Juba, being duly sworn, state as follows: 1. My address is 162 Hillside Road, North Andover, Massachusetts. 2. I have resided at this address since 1965 and have operated an electrical contracting business from my home since 1965. 3. In 1967 I incorporated my business and had five employees, which the corporation -has at-thhe present time, including myself. 4. I have continuously operated an electrical contracting business from this property from 1965. 5. Since that time period, I have regularly been in the Building Inspector's office in North Andover and applied for and received permits for electrical work over one thousand (1,000) times, using the address of 162 Hillside Road, North Andover, Mass. 6. I do not have customers come to my home, and do not operate a retail outlet. 7. All supplies are kept inside closed garage doors. 8. Electrical contracting is and has been an ordinary, usual and customary home occupation. 9. In the 1992-1993 Greater Lawrence yellow pages, there are 61 electrical contractors listed. Of those I am able to identify at least 46 work from their residence. This is at least 75%. Signed under the pains and penalties of perjury this 9th day of February, 1993. Stephen. M. Juba J:AFF-RL 'r0 d wowy KAREN H.P. NELSON Town of D"'°' •tom"" NORTH ANDOVER BUILDING CONSERVATION •`, DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT COMPLAINT FOR INVESTIGATION Date: % j 9 S 2 From: i� C �'r 1` A • Address: ! 7 Complaint Against. ELECTRICAL: \:7 PLUMBING: GAS: BLDG. CONTRACTOR: PROPERTY OWNER: OTHER: 4 4� v 120 Main Street, 01845 (508) 682-6483 .,o �.`- ,��;,:' , �l/J�I,�LG.,s.s(/�.r%��/�/�/j _ �Y�� ._,�ri-�-L' ��Ct-/`J�g �!/'.-��-�i(��' �.�- �t� .�G"/,/-/V✓/ � i, �, �_I��,-G �'�.l .a ,`� �J �/ •1.�1�L(.v' /C`� � /SCJ �7�/� � .-LC�CA�:.. r.-E.a.�� /Ct-'' �� /L!'i"L �/ ///`�LG�'�� „•-� ' .r rl // L/L'a' �f +.��'r�rCr/:��"' i�/�Ji /..-f:'�V�-'?� .'�.� _�-��/ ,�i-irL�--�-C.-/-�Cr-LG �'�'Jf'�� i�ytw:•;j� `'L,'�'.: ✓:_. �� w L. /�c..G-L-�'✓ �._`.-� �--%iiGZ�-�-' .�:� �%�✓%-4..CL;C�Z�.�^i' .,LLL[:z: �E.':ILL��/'' ��G-� ;��- � ,��L.G�� L I�L.GC.�,��.+tyi� �� ?�!,;lt? �/�'��/�i^ j,/,.�L.�L��C�GG.� -tom � .�L i� CG%', .'G�i�c•.EL/-��`.� %= —�-Q-<'�!-' iLL.-%" _'`� /�,...�. mac: %_rC=��G,� �L�.G'.:�'. /iLt:C1'i•cL'� .c.'� `Z �!.. ,��v� ci/. �; �, =C �a ¢-c2%i ; G'G � , �-fi' _G �C�-'� � � G �� -� %==� ^-c'`z�r��.c: � �'-� ��.�','/�'•g..�� '�� '�-= J i I � i - � _Z 7Z L7, �{' �t `✓Gil C� > {�'/ G-c*%��'�� 7 ` '` /—'fir' ._'.`� �Ly�?t�J, .✓,;��/-:.: ,> �� --.i%=�� ^� �%_/�L! �,G ;L,'�'f%-� � �LL/ �C G�=i CL'��i� 1/' � -� ; eezv ,1-v4 Z, F 12 c t" �- I L ct v / 4/,, z #/'// s/' cJ T?� /, 4 -yI d U v 2 A,-, NO v I C! Z % -1ku c Pc �LY/C- o N,-) � . ik, 5� 2 TY,:�) c Oit ,* 3e 1' Alaci / g�Z 1 (c l< v l s �S) sM�// Zl ( �ar2�rt L�� r P sp �,, .iia N 92 .S -c/ s z i�- / < << Aa , /< a 7` , d o /4 M 6' T7 Gv oy/< zi e _ ,? -,v A -,7 y o 7c f L /0 IP 14 Tk l -Y v c To f` 2 i 2 - 4- �2- -rcl�a 7r� cK 7� �2tay� Iia i 7-o D �y �. �- /< , -� s S f t f F0d. KAREN H.P. NELSON Town Of Director BUILDING *ye ;;Fa-�e NORTH ANDOVER CONSERVATION �•""` DMSION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT 120 Main Street, 01845 (508) 682-6483 December 4, 1992 Juba Electric Company, Inc. 162 Hillside Roadr r 00?1 North Andover, MA To Whom It May Concern: This office is in receipt of a formal complaint that you are operating an electrical business/supply outlet from your residence which is in the Residence 3 District. Investigation of your property reveals a true complaint. The conducting of this type of business in the Residence 3 District is in violation of the North Andover Zoning By -Law, Section 4, Paragraph 4.122 and Table (1) one. You are hereby notified to cease operation of an elec- trical business/supply outlet in the R-3 District within sixty (60) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three Hundred Dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for grieving this decision to the Zoning Board c you so desire. P 290 099 2-'2 Your cooperation in bringing this matt( RECEIPT FOR CERTIFIED MAIL. NO INSURANCE COVERAGE PROVIDED conclusion is appreciated. NOT FOR INTERNATIONAL MAIL /SAP RPv,-rQPI _ W' • • c/K. Nelson, Dir. R. Kent JtlML)t: is • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3, and 4a & b. following services (for an e: ra • Print your name -and address on the reverse of this form so that we can feel: return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number �7 ,� /O • /J��QV P z90 0 y q 222. 4b. Service Type ❑ Registered ❑ Insured Certified ❑COD Express Mail ❑ Return Receipt for Merchandise 7. Date of D ve 5. SignaA l �� 8: Address e's Address (Only f requested and fee is paid) 6. Signature (Agent) PS Form 3811, November 199 *U.S. GPO: 1991-287-m6 DOMESTIC RETURN RECEIPT December 4, 1992 Juba Electric Company, Inc. 162 Hillside Road North Andover, MA To Whom It May Concern: This office is in receipt of a formal complaint that you are operating an electrical business/supply outlet from your residence which is in the Residence 3 District. Investigation of your property reveals a true complaint. The conducting of this type of business in the Residence 3 District is in violation of the North Andover Zoning By -Law, Section 4, Paragraph 4.122 and Table (1) one. You are hereby notified to cease operation of an elec- trical business/supply outlet in the R-3 District within sixty (60) days after receipt of this notice. Paragraph 10.13 of the Zoning By -Law provides for a penalty of Three Hundred Dollars ($300.00) per day for the violation. Each day that such violation continues shall be considered a separate offense. Paragraph 10.4 of the Zoning By -Law provides for grieving this decision to the Zoning Board of Appeals, if you so desire. Your cooperation in bringing this matter to a final conclusion is appreciated. Yours truly, D. Robert Nicetta, Building Inspector c/K. Nelson, Dir. R. Kent e 0 a ONc Y tff p .. O O¢yZ i O C7 i t O i L OL V zo mW�N� �i O Std! �" v °� N •G H < E t o o i ... E H ca ZwN Z o3 ME 3 i tod U -cc `Y a :cc 2c cn an o '_C ..n vZ j! it V a Cg Y h �u •Ayr�� e I ��yo�� w to J. CA C, yg V oy3� V �o amigN�'ppr� V � 6. MZ yiE �y; W W W u>N d CO ..c 4_ gill Z x c T -i W C g A a y d � co In cm A n cy o 00 ft en NN ��E_.. p oo p �L7 � � n n � N Of .• O, 1 N yy u O y N �+ B Z L` •d •e � y5$ Q :Szz CD am n C ` oo�ci .a. W� •�i ;`` +•• O Z � � �Z � '��Wtr � t� • e� Z (� y i Xb o w ` , ,+ Ei �3 by -._ -` _ _.�_:i�•}S.X'..Cl htjs e � It IN OR 1Gat 20 Z W W cYJ IO i27 Z¢p t z� mi m•1�N tot <' ic o AY0 S ' ci+ �- t2 C 0¢W 2 u`=OtiuzEEc, 2 72 i U g Ui W 0OWz = t>a �-m rcoW LnWN M cc m Z / Y I J Q Q W Q�ZQ U v-+�!r OU W1�� CE W8?ti • WT QZ2Y i ` Z C N m W �- 1— Q w I CL y °aE I O O �a2 • & ' W � T 01 0D (.2y ., ri c N lC N i 23z V y i N � x z aW 6, LU a i cr Q L t�f�L Y U Ci LLI c 0 axwo i - - ¢mp z o W> U5 U MM cc W osCC cc a[ C' W 3 W N oZ ZO 3 W Z Z Q 0 �O as20 Z Q •� C O`°Z cid <11 LU in � cr �� : Wz }�.. ru e t T� U ,,)O w U y 'O d Z US n •ZZ,M J •LL >. ¢ter O ... U Q� Ts Z�J Q LL C d 009 - w ai Y V) m ., A w Lu a d w w w ¢ r v a 0 t:] W V U W ° crit 0 Z Z M Fr W ►. PA V 6!'■�V n I J Q Q W Q�ZQ U v-+�!r OU W1�� CE W8?ti • WT QZ2Y i ` Z C N m W �- 1— Q w I CL y °aE I O O A • & ' W � T 01 0D (.2y ., ri c N lC N i 23z V y i E¢a� R aW 6, LU a i cr Q L t�f�L Y U Ci LLI c i - I J Q Q W Q�ZQ U v-+�!r OU W1�� CE W8?ti • WT QZ2Y i ` Z C N m W �- 1— Q w I CL y °aE y V J C C � ® Zoog W–apW aW 6, LU y LLI c wi CD CkcoEc83^ -1 W> U5 J -pis O C' W 3 W N oZ Z cK W39< Z�LULL*• �o = g � �O as20 W C O`°Z cid <11 r � cr �� O }�.. ru e t in J 2 � CM 02 Z US n A Ft. 009 ce g V I J Q Q W Q�ZQ U v-+�!r OU W1�� CE W8?ti • WT QZ2Y i ` Z C N m W �- 1— Q w I CL y °aE y V J C C � ® Zoog W–apW aW 6, LU y U CD2 Lu Ec2EmEN �=<3 CkcoEc83^ -1 W> u E J -pis O C' W 3 W N oZ W A W W39< Z�LULL*• �o = g � �O as20 W C O`°Z cid .p" �,W_-� 44 � cr GWZ'K Lu O " � CM 02 Z US n I J Q Q W Q�ZQ U v-+�!r OU W1�� CE W8?ti • WT QZ2Y i ` Z C N m W �- 1— Q w I CL y V � � y U CD2 • Q Z� r u E N Z 15 3 W N oZ L) W W g Q ¢VLLA W Cr 44 � cr c O " x a (x N I J Q Q W Q�ZQ U v-+�!r OU W1�� CE W8?ti • WT QZ2Y i ` Z C N m W �- 1— Q w I CL y y� \ .. �. ' � r` F, � .f ,� �`y rfta/ lPi` • s e �r �r � / � Nr/ r �.`''' tt t ! t ♦ .ie \ .r lUS, f .l •y t \ 't. t \!. \�\11\• �.\� It\\l� \ 1 �'� �� \ ,., l' at , 1} 'e r t' ' 1 ••,�'. •. 1. ;\( x{X •1. j �i iJ� N�wrd.74i%aJ"✓a1.nr:rn ,:�•.\ Jai � •n!,",. \.1' f`l 1 \ f \-.t../-'�M. tiJLhaAu+:.x�ls�.aJ.. .�.',1• r •�' ',' \N ��