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Home My WebLink AboutMiscellaneous - Rea Street Lot 35a 4-� Ck 31 6.40 Oyu[ - *A 01 P� -4 � . 1_� (I. �(A_ G P 9- 1 V"/K-- I I cc 0_� r -N J - 11000 -10=0011111"Oofon�cprr ,SAC 21, �,eb 'a, OiYAjIt:; � that the' at the ,%ill give 8 haotilth An - Building evenIng on Monda)j, ,,4, 81 dovet- the 9th day Of to rall Wles , look . 01 or, i; the 'REN interest it. and Malral ung a ve-I 3. JAOVCE I I get. 7-2 & flation of til �-. -Z-on,�i,4 - By, Table 2 01 60 as to pe,0111 relief -1 . . require - I the on, 'the Go' is to all Ile family St 0 1 .. : I vlhlo�, d 811in a, Initnum not nts. on a 0 r Ulf at the I t t 91 a of 'An. n or of the d pm a Of AP it.. . (801A Chal On f.. 23, 30 19_" - -' To% NO A� WER B( OF APPEALS HiCsTICE ,,ORTpq D 0 SS Mar. 21. 1984 Notice Is hereby given that the Board of Appeals will give a hearing at the Town Building, North An- dover. on Monday evening - the 9th day of April 1984. at 17.3 ' , lr� 0 OC ock, to all parties t.,.sted n' the appeal of 'RALpHCR. nd MAUREEN J. Joy E guesting a va- S, 'on Of ec 7 Par. 7.2 & .1 t�.! Zo 'rT ble 2 ning By 'w so as to permit relief from the ont-ge- require - M rnnl t.!r.,,o the con an's w stru.ti.n ov� single family ."i" 'n dwe ng 0 lot which does not meet the minimum frontage requirements. On the premises, located at the South side of Res Street known as Lot #35. By Order of the Board of Appeals By: Frank Serio, Jr., Chairman E. -T. Mar. 23, 30, 1984. -TOVIN Or- r4y. #— - BOARD OF APPEALi NOTICE 14ORTif Nu r . . Mii.'21,1984 Notice is, hereby given that the- Board, ol'Appeab will give a hearing at the Town Building,- North An, dover, on Mondareming the 9th day of April 1984, at 7:30 0,010�k, to All parties Interested In the 800" Of RALPH FL'ind MAUREEN J. JOYCE requesting a va- rlatlon of Sec. T. Par. 7.2 & Toible 2 of the ZOnInG'BY Law 60 as -to permll relief from the frontage require- ments to allow 'the con- struction of a -single family' dwelling on a lot which does not most the minimum frontage requirements. On the promises, located at the South side of Res Str"t. known as Lot #35 III Order of the 'Board of Appeals By- Frank Serlo, Jr., Chairman ..E. -T.. — Mar, 23, 30, 1984 de 7 TOWN OF NO. ANDOVER BOARD OF APPEALS NOTICE P Me r. 21,1984 Notice Is heret given that the -Board, of Appeals will give a hearing at the Town Building, North An. dover. on Monday evening the Oth day of April 1984, at 7:30 O'clock, to all ponies Interested in the appeal of RALPH R. and MAUREEN J. JOYCE requesting a va- riation of See. 7, Par. 7.2 & Table 2 of the Zoning'Sy Law so as to permij relief from the frontage require- ments to allow the con- struction of a single family dwelling on. a lot which does not most the minimum frontage requirements. On the promises, located at the South side of Res Sty"t, known as Lot #35.' 'By Order of the Board of Appeals By: Frank Serlo, Jr., Chairman Mar, 23, 30, 1984 j 1,�EGAL NOTICE . TOWN OF NO. ANDOVER BOARD OF APPEALS NOTICE + 40 Hu Ic Mar. 21i IOU Not a that th, 4ar�d"oe1Kp'P'6vWW$ will give a hearing at the TIM Building, North An- dover, on Mond 'evening ,a the 91h day of ApPl, 1984. at 7:30 o'clock, to all parties Interested In the appeal of RALPH R. and MAUREEN J. JOYCE requesting a va- riatlon of Sec. 7, Par. 7.2 & Table 2 of the Zoning -By Law so as to permll relief from the frontage require- ments to allow the con- struction of a.singlo family dwelling on -a lot which does not meel'the minimum ontage r utr to. On t pr I j led at the South SWI 8 f - R" SU94 known as Lot #35.' - Order of the Board of Appeals B By. Frank Sorlo, Jr., y Chairman L,,�T. — Mar, 2;, K 1984 EGAL NOTICE. - T OF NO ANDOVER OXRD OF ALS N E ,00TH -0 0 Mar. 21. 1984 WW Notice is,ard.f'7jAp';818 that the* 8C at the will give a hearing Own Building,, North An, T g, evening diover, on Monds: the 9th day of Ap 1 J984. at "Us$ 7-30 O'clock, to all p I lr�terestod In the '6" 0 FL and MkUREE" j. JOYCE requesting a.va' riation of See. 7. P*f. 7 2 & Tat)I, 2 of the ZOnlng'Sy I I so as to permij relief Lay juire- from the trontW f6c ments, to allow Ahe con ,truction of a single ismi Whig dwelling OnaI1Ihe1OIInImuM does not On frontage requirements* -the promises lOcAted at the South side ;1 PAS Suvot. kn n as Lot #35. � I I the OW BI order 0 Board of Appeals sy, Frank Swjo. Jr.. chairman Mar, 23, 30. 119011 j TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS IvnIPTOW A I ax.ch..21 ....... 19.� 4 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on. . 14onday ... .evening ....... the . 9 th day of ...... Apri.1 ......... 19. .8 4, at7 ; � 6'clock, to all parties interested in the appeal of ....... ...... RALPH - R, -AND. MAUREEN . J. - - JOYCE. - requesting a variation of Sec.7 . P a r . . 7_2 .... 6f tlalt;iiinj By Law so as to permit .... relief. f rom. the. frontagQ requireme.nts,.to..al.low..th.e.r-.orls.t.r�iQtiQ.n.o.f a sing�p�.family.qv�(plling.��r�.a ...... ...... ... lot.wh.ich..does ro.nta�ge. �pquirements .......... ...................................................... on the premises, located at. . the. S Qu:�h s i de . o f Re a S t re e t ................... known. as..Lot. #.a5 By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Eagle Tri -bine-, March 23 and 30, 1984 Send 5 proofs to: Jean White, Town Hall, 120 Main St., No. Andover _/n /8-4/ 70'/ '"ILM CHU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE -Harch- -21 ...... W .84 Notice is hereby given thatthe Board of Appeals Will give a hearing at the Town Building, North Andover, on... 14onday- - . -evening ...... the . . gtj,-Iday of ..... . Ap ri 1 ........ 19.. 84at. 7-:.Dtplock, to all parties interested in the appeal of ............... RALPH - R.- - AND - 1,14AUREEN - J JOYCE. requesting a variation of Sec. .7 P ar.; - .7...2 ... ofth%49bi&g2. By Law so as to permit ..... relief . f -rom. -the. - frontage -requirements. -to-a-l-low-.th-e-cons.truction.of a .single family. dwelling. on. a.lo.t.w.h�,rh.does -no.t.meet- -the . minimum. f rontage. requirements. ...................................................... on the premises, located at ... the. South. side -of..Re.a. Street J:nown. -as. -Lot - #-35 ....................... I ........ By Order of the Board of Appeals By: Frank Serio, Jr., Chairman Publish: Eagle TrAbine: March 23 and 30, 1984 jmxx Send 5 proofs to: Jean White, Town Hall, 120 Main St., No. Andover August 15, 1984 Ms. Elizabeth Lane Kopelm.an and Pgge 77 Franklin Street Boston, Mass. 02110 e: Ralph an.d Maureen Dear Ms. Lane. - Enclosed please find the North Andover Zoning By Law, complete with amendments; the Rules and Regulations of the North Andover Board of Appeals; and the minutes of meetings related to the petition of Ralph and Maureen Joyce. If you need any further information or assistance from this office, please feel free to contact me at 685-4775. Sincerely, BOARD OF APPEALS Jean E. White, Secretary jw Enc. ,:fRaI124 :::/?. q ,5,,09CE ATTORNEY AT LAW Board of Appeals FRANK SERIOr JR., CHAIRMAN 120 Main Street North Andover, MA 01845 TELEPHONE 685-4555 ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 June 4. 1984 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: In order that I may be in strict compliance with your rules and regualtions requiring a written request for a Motion for Reconsideration received ten days after the filing of the decision, please accept this letter as such a request all as further supported by my earlier request of May 23, 1984. Thank you for your consideration in this matter. RRJ: mj j T APRIL?fl ;PC C U b JUN 37 Atj'%WN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Affy appool shall be filed wiffilfl (20) days after the, 'dat@ of Ming of this NoticO jfi ft 1010ce of. the Towrt Date ..... - ��4 ....... Petition No.... Z 17. 1. 8 4 . . . . . . . . . . . Date of Hearing. AP9i I. .9,..19M cont. May 21, .1984 Petition of ...... RALPH AND MAUREEN JOYCE ............................... ................................. I ......... Premises affected .... Squt��. §i.de..of..RQA.,5tree�t. known. xi. Lot-# 35 .............. Referring to the above petition for a variation from the requirements of the Z.oning, By. Law S.ec.t.ion. 7., P4i�4g.r4p.b. 7.. 2 ....................................... .lief. from. tbe.fron.tag.e. r.equirement ...................... so as to permit re After a public hearing.giKen-on-the-above-datei-the-Board-of-App&ah-,Voted-to-. the - variance =dAw-m14 >muth"ix Ahm Building .................................... IM-WiM9 ...................................... ...... I ............. ....... ......... fmAh&-.r,onstmdjaaxof Ake: Signed FraDk, .5e.r'iQ,,_J,r.,_Ch.airman ......... Ricb4xd, J. , Trep an,ier,,. . Es.q. , Clerk Augus.tine, W.... Nick-ersan,.__ . ..... Walter -F.... Soule., Associate. Member Board of Appeals IIL JUN 1 1137 Ajq l8q "ORT" TOWN OF NORTH ANDOVER MASSACHU�',_�:TTS BOARD OF APPEALS Mr. Daniel Long, Town Town Office Building 120 Main Street North Andover, Mass. - Dear Mr. Long: Clerk Any appeal shall be filed within (20) days after the date of filing of this Notice In the Office of the Town Clerk. May 30, 1984 Ralph R. Joyce South side of Rea St. known as Lot #35 Petition No. .21 -184. --- The Board of Appeals held a,public hearing Monday evening, April 9, 1984 upon the application of Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle Tribune on March 23 and 30, 1984 and all abutters were notified by regular mail. The following members were present and voti:'�h-,, Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice;-" Cha-i-rma-n-;--R--izba-r-d.J,--T-.rep-ani--ex�,---Esq.-,-Z-Lex-k-;-.Augustine W...--. -cker-sonj�and --Associate Member Walter F. Soule. The petitioner seeks a variance from the provisions of Section 7, Paragraph 7.2 and Table 2 of the Zoning By Law so as to permit relief from the minimum frontage requirement on a lot of land located in the Residential -2 (R-2) zoning district located on - the South side of Rea Street and known as Lot #3S, Rea Street. The petitioner testified that he is the prospective purchaser-, of land consisting of eight (8) acres and that he is proposing ----to-construct-a single -family -dwelling on the lot. The lot c - ont a , I - n - s twen_t_y_-'on_e__(2_l) feet of frontage on Rea Street where-,-, the Zoning By Law requires one hundred and fifty (150) feet. He furt her testified that he would be agreeable to a condition that states that as long as the lot lines and the configuration stays as is, only a single family dwelling may be constructed on the lot. A Ralph R. Joyce South side of Rea Street known as Lot #3S R Petition No. 21-184 May 30, 1984 JUN 1 11137 AM Tq Page 2 1�� Several neighbors spoke in opposition to the petition. One abutter requested that the public hearing be continued to give him an opportunity to have his land surveyed and verify the lot lines as shown on the plan submitted by the petitioner. The objections raised by the abutters concerned a well located near the property in question, erosion problems, and the fact that granting this variance could result in the future devel- opment of the parcel into additional lots. The public hearing was continued until Monday evening, May 21, 1984 with the ' following members present and voting: Frank Serio, Jr., Chairman; Richard J. Trepanier, Esq., Clerk; Augustine W. Nickerson; and -Associate Member-Wa-lter--F.--Soule.- At this hearing, evidence was presented -stating -that the lot lines as shown on the plan are correct. - - A motion was made by Mr. Trepanier and seconded by Mr. Nickerson to grant the variance subject to the conditions that only a single family dwelling may be built as long as the property lines remain the same as shown on the plan of land entitled "A Composite Plan of Land in North Andover, Mass, dated April 6, 1984, prepared for Helen A. Kororkys, Owner, by John C. Callahan Associates" unless additional -land with adequate frontage is obtained accord _-Z:o-nimgf-I a-w4�i�-i-n=ef-f-ect�at�-t-he----��=- time the add it i-ona-]--- I-an-d----aiYd-._f_r_ont age ---A s---�obtai�ne�d.�'Im=a-dd=i=t=i-o-n-- the variance -is--subjec-t----toT-t,he---condit-i-on-that:7t-h-c---d-r-iveway leading to the property be --.gravel-- *according --to -- standa rd.-.- -cons truct ion procedures. The motion failed to carry, with Members Trepanier, Nickerson, and Soule voting in favor and Member Serio voting in opposition. Therefore, pursuant to M.G.L., Chapter 40-A and the North Andover Zoning By Law, Section 10,_-P-aragraph 10.4 (2), the petition is denied. jw Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman COMMONWEALTH OF MASSACHUSETTS ESSEX, SS TRIAL COURT DISTRICT"COURT DEPARTMENT LAWRENCE DIVISION CIVIL ACTION # RALPH R. JOYCE s,/g MAUREEN J. JOYCE PLAINTIFFS VS COMPLAINT FRANK SERIO, JR.r AUGUSTINE W. NICKERSON* WALTER SOULE, ALFRED FRIZELLE RICHARD TREPANIER, WILLIAM J. SULLIVAN RAYMOND VIVENZIOr MAURICE S. FOULDS AS THEY ARE MEMBERS OF THE BOARD OF APPEALS OF THE TOWN OF NORTH ANDOVER DEFENDANTS JURISDICTION 1. This is an action brought pursuant to Massachusetts General Laws Chapter 40A, Section 17 to appeal from the denial of a variance by the Board of Appeals, Town of North Andover, Massachusetts. PARTIES 2. The Plaintiffs, Ralph R. Joyce and Maureen J. Joyce are adult individuals residing at 428 Pleasant Street, North Andover, MA and are the applicants for variance from the zoning ordinances to the North Andover Board of Appeals herein appealed from. 3. The Defendant Frank Serio, Jr. is an adult individual residing at 250 Hillside Road, North Andover, MA and a member of the North -Andover Board of Appeals. The Defendant Augustine W. Nickerson is an adult individual residing at 100 Moody Street, North Andover, MA and a member of the North Andover Board of Appeals. 5. The Defendant Walter Soule is an adult individual residing at 70 Raleigh Tavern Lane, North Andover, MA and a member of the North Andover Board of Appeals'. 6. The Defendant Alfred Frizelle 'is an adult individual RALPH R. JOYCE �1 ATTORNEY AT LAW residing at 131 Appleton Street, North Andover, MA and a 95 MAIN STREET member of the North Andover Board of.Appeals. NORTH ANDOVER. MA 01845 (6171685-4555 7. The Defendant Richard Trepanier is an adult individual residing at 308 Mass. Avenue,, North Andover, MA and a member of the North Andover Board of Appeals. 8. The Defendant William J. Sullivan is an adult individual residing at 405 Salem Street# North Andover, MA and a member of the North Andover Board of Appeals. 9. The Defendant Raymond Vivenzio is an adult individual residing at 11 Appledore Lane, North Andover, MA and a member of the North Andover Board of Appeals. 10. The Defendant Maurice S. Foulds is an adult indi vidual residing at 40 Wentworth Avenue, North Andover, MA and a member of the North Andover Board of Appeals. ALLEGATI NS 11. The Plaintiffs, Ralph R. Joyce and Maureen J. Joyce, filed application with the North Andover Board of Appeals on March 21, 1984 requesting a variance from the frontage requirements of the zoning ordinances of the Town of North Andover,, MA so as to allow the construction of a single family home on eight (8) acres of land on Rea Street, North Andover. An attested copy of application is appended hereto and marked as Exhibit A. 12. The Board of Appeals held a Public Hearing on April 9, 1984 upon the application of the Plaintiffs after due advertising and notice to the abuttors. 13. The following Defendant Board Members were present and sitting at the Public Hearing: Frank Serio, Jr., Chairman, Alfred Frizelle, Richard Trepanier, Augustine W. Nickerson and Walter Soule. 14. The Plaintiff, Ralph R. Joyce filed a plan entitled "A Composite Plan of Land --in North Andover, MA" dated: April 61 1984, John Callahan and Associates. The Plaintiff introduced testimony which sustained the burden of proof requiring the Defendant Board to issue a variance from the zoning ordinances under the provisions of Chapter 40A, Section 10 of the Massachusetts General Laws Annotated. 15. Upon the request of an abuttor to have an opportunity to verify the lot lines as shown on said plan, the Defendant Board voted to continue the Public Hearing. 16. The Defendant Board met on May 21, 198'4 with.the following members present and voting: Frank Serio, Jr., Chairman, Richard Trepanier, Augustine W. Nickerson and. Walter RALPH R- JOYCE Soule. Board member Alfred Frizelle was absent. AT70RNEY AT LAW 95 MAIN STREET NORTH AN DOV ' ER.MA01845 17. At this continued public hearing evidence was presented tB171685-4555 stating that the lot lines were correct as shown on the RALPHR.JOYCE ATTORNEY AT LAW 95 MAIN STREET NORTH ANDOVER. MA 01845 i (6171685-4555 above-mentioned plan and further evid�ence Vas taken from abuttors objecting to the granting of the variance. 18. A motion was made to grant the variance* subject to conditions and voted by a three t.o one margin in favor of the motion. 19.- The 'Defendant Board on June 1, 1984 filed their decision with the Town Clerk. An attested copy of which is attached hereto and marked as Exhibit B. 20. Pursuant to the Rules and Regulations of the North Andover Board of Appeals, the applicants by letter of June 4, 1984 (attached hereto and marked as Exhibit C) requested the Defendant Board to schedule a Motion for Reconsideration as further defined by the applicants letter of May 23, 1984 (attached hereto and marked as Exhibit D). 21. The Defendant Board met on June 6, 1984 with members Frank Serio, Jr., Chairman, Alfred Frizelle, Richard Trepanier, Walter Sbule.",and Augustine W. Nickerson, present and voting. The Defendant Board voted to deny a Motion for Reconsideration on a three to two vote. A Motion to Reconsider the Denial was made which motion failed on a two to three vote. 22. The Plaintiffs are persons aggrievied by the decision of the Board of Appeals filed with the Town Clerk on June 1, 1984. 23. The decision by the Board of Appeals exceeds its authority as A. The Petitioner presented the necessary requirements for the Defendant Board to grant a variance.under Massachusetts General Laws, Chapter 40A, Section 10 and the Defendant Board failed to grant or to take proper iiction thereon. B. The Defendant Board of Appeals failed to.have a full five members sitting and present at the continued 'hearing of May 21, 1984. C. The Defendant Board refused to allow the fifth member the opportunity to vote upon the application. D. The Defendant Board was without jurisdiction to act on the application of the petitioners without a fifth member present or given opportunity to vote. E. The Defendant Board acted arbitrarily and capriciously in their failure to grant the variance and in their refusal to grant the Motion for Reconsideration. I RALPH R. JOYCE ATTORNEY AT LAW 95 MAIN STREET NORTH ANDOV ER. MA 01845 (6171685 4555 WHEREFORE, the Plaintiffs demand: 1. That the decision of the Defendant Board of Appeals be anulled. 2. That the Court order the granting of the variance in accord with the Massachusetts General Laws, ChagOer 40A. Section 10. 3. That the matt er be remanded to the North Andover Board of Appeals for a finding not inconsistent with the orders of the Court. 4. For such further relief as the Honorable Court deems just and appropriate. 428 r- �RL `P;H �* J; CE Pleasaont -reet; North Andover, MA 01845 685-8542 DATED: MAUREEN J. J%OY;C;Z 428 Pleasant Street North Andover, MA 01845 685-8542 JUN 37 All 184 Us= TOWN OF NORTH ANDOVER MASSACHNETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, Mass. Dear Mr. Long: Any appeal shall be filed �dthlh (20) days after the date of filing of this Notice In the Office of the Town Clerk. . May 30, 1984 Ralph R. Joyce South side of Rea St. known as Lot #35. Petition No. .21-t84 The Board of Appeals held a public hearing Monday evening, April 9, 1984 upon the application of Ralph R. Joyce. The hearing was advertised in the Lawrence Eagle Tribune on March 23 and 30-, 1984 and all abutters were notified by regular mail. The following members were I present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice - Chairman; Richard J. Trepanier, Esq., Clerk; Augustine W. Nickerson; and Associate Member Walter F. Soule. ON The petitioner seeks a variance from the provisions of Section 7, Paragraph 7.2 and Table 2 of the Zoning By Law so as to permit relief -from the minimum frontage requirement on a lot of land located in the Residential -2 (R-2) zoning district located on the South side of Rea Street and known as Lot f35, Rea Street. The petitioner testified that he is the prospective purchaser of land consisting of eight -(8) acres and that he is proposing to construct a single family dwelling on the lot. The lot contains twenty-one (21) feet of frontage on Rea Street where the Zoning By Law requires one hundred and -fifty (150) feet. He further testified that he would-be agreeable to a condition that states that as long as the lot lines andthe configuration stays as is, only a single family dwelling may be constructed on the lot. ATT= A True Coo CAWX 4404zl To-= Clerk Ralph R.. Joyce South side of Rea Street Petition No. 21-184 May 36, 1984 Page 2 kn . own as Lot #35 lju bi 1 .37 '8q neighbors spo he public hearing be continued to give Sever� ke in opposition to the petition. One abutter requested that t him an opportunity to have his land surveyed and verify the lot lines as shown on the plan submitted by the petitioner. The objections raised by the abutters concerned a well located near the property in question, erosion problems, and the fact that granting this variance could result in the future devel- opment of the parcel into additional lots. The public hearing was continued until Monday evening, May 21, 1984 with the following members present and voting: Frank Serio, Jr.j Chairman; Richard J. Trepanier.9 Esq., Clerk; Augustine W. Nickerson; and Associate Member Walter F. Soule. At this hearing, evidence was presented stating that the lot lines as shown on the plan are correct. A motion.was made by Mr. Trepanier and seconded by Mr. Nickerson to grant the variance subject to the conditions that only a single family dwelling may be built as long as the property lines remain the same as shown on the plan of land entitled "A Composite Plan of Land in North Andover, Mass dated April 6, len A. Kororkys, Owner, b� John C. Callahan 1984, prepared for He Associates" unless additional land with adequate frontage is he obtained according to the existing Zoning By Law in effect at t time the additional land and frontage is obtai - ned. In addition, the variance is subject to the condition that the driveway leading to the property be gravel according to standard construct - ion .procedures. --Nickerson, The motion failed to carryi with Members Trepanier and Soule voting in favor and Member Serio voting in-opposi.-t-i.on. Therefore, pursuant to M.G.L., Chapter 40-A and the North' Andover Zoning By Law, Section 10, Paragraph 10.4 (2), the petition is denied. ATTEST jw. A Trus CoN CX Tcwn Mork Sincerely, BOARD OF APPEALS. Frank -,Serio, Jr., Chai.rman E71 e c e i v �?'d Town Clerk D a t c-, OF NORTH ANDOVER, MASSACHUDETTS BOARD OF APPEALS Ti me No t i to-, i'_.�-jThi s appl i cati on mus t be typewri tten APPLICATItbA, 4OR!!RPL,1t-fP8qFROM THE REQUIREMENTS OF �THE ZONING ORD114ANCE US A p p 1 i c a n t Ralph R. Joyce & Maureen J . JoVce Address 428 Pleasant St., No. Andover, MA 1 . Application is hereby made a For a variance from the requirements of Section 7 Paragraph 2 and Table 2 of the Zoning By -Laws. tbc)cxxwexxxxpcecxwxftxNjclKxwxuxxf4xxkkwxxxxxxX&kXcMMkXXXXXXX4D)&4�lt Z1aXX*X1KF4XWt . 2. a,) Premises affected are land XK&MKL�dmxm)glgtXXXXXXXXXNMkKmd' Rea Street. (b) Premises affected are property with frontage on the Nor th �South ( x ) East. ( West ( ) s -i de -of - Rea St reet Street, and known as No. Assessor Plat 38, Lot 35 Street. (c) Premises affected are in Zoning District R-2 and the premi ses affected have an area of 8 acres X)qXXK§(X&,e .�,�and frontage of 12 xgxm feet. 3? Ownership (a) Name and address of owner (if joint ownership, give all n-ames): Helen A. Koroskys Date of purchase 1964 Own-er unknown (b) If applicant is not owner, check his interest in tne premises: X Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 52 front; 26 feet deep; Hei ght : 1 1/2 stories; feet. ( a ) Approximate date of erection : new construction (b) Occupancy or use of each floor: single familV residential (c) Type of construction:— wood frqmne 5. I)tXICXOCfC)C�KiXXj:DCg[)bWXIXIA)41§XXxxxxxxxxyxtcw)"-x4xxxxxxxxxxxxxx&TOP)�x )"x4ncxx sxxxicecs )ftxx XXQQV�4*9 0 XXX XUW X)FX NX M x1m)"Yff )WXX3(WXX)Q3fXX0CXXkrADM)QXi — 6. Has there been a previous appeal, under zoning, on these premises? _ No 7. Description of relief sought on this petition Variance for lot of '2 foot frontaize and 8 acres ta construct -a single family home. 8. Deed recorded in the Registry of Deeds in Book 1019 Page 307 or XAXXXY'Y&00X-XXXXXKXd0MMXXX kwt beg( The' principal points upon which (Must be stated in detail) I base my application are a-r4,follows: Chapter,40A, Section 6 allows a lot to be "grandfathered" with a minimum of 5, 000 sq. ft. and 50 ft. frontage. This lot is 8 acres with a 12 ft. frontage and prospective purchaser wants to construct one single family house. I agree to pay for advertising .,Vpap_ey--6'6;d incidental expenses* ioner's Siqnature C-,/ L"i V - . - Sec. 1 APPLICATION FORM Every application for' action by the Board shall be made on a form approved by the Board. -These'forms shall be furnished by the clerk upon request. Any commuhication.purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted.with a list of "Parties in Interest" which list shall include the petitioner., abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the c'ity 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 shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Name LIST OF PARTIES IN INTEREST Address (Use additional sheets if necessary) Nvullip-W165.4-9 R. GARY & JEAN H. GILBERT -/ ROBERT & NANCY NORBEDO �/- DAVID F & KATHLEEN M. WEISS LOT 118 REA STREET NORTH ANDOVER, MA 295 REA STREET NORTH ANDOVER,MA 307 REA STREET NORTH ANDOVER, MA ,/ JOHN H. KENDRICK & KATHLEEN A. COUMAS 319 REA STREET ,/ VERN A & MARGERY A. RODDAHL j JOHN M. & PRISCILLA H. WALL JOSEPH J. & FAYE L. AVERKA NORTH ANDOVER, MA 329 REA STREET .NORTH ANDOVER, MA 354 REA STREET NORTH ANDOVER, MA 383 ABBOT STREET NORTH ANDOVER, MA FREDERICK R. & ELIZABETH A. HALEY 273 REA STREET NORTH ANDOVER, MA --3111'e - y211f,4-1 TELEPHONE 685-4555 goycE ATTOI�NEY AT LAW ELLIS BUILDING 95 MAIN STREET IN 15 2 23 PH 'Bq NORTH ANDOVER, MA 01845 June 12, 1984 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andoverr MA 01845 RE: Variance Application - Rea Street Ralph R. & Maureen J. Joyce Dear Mr. Long: Please accept this letter as a Notice of Appeal from the action of the North Andover Board of Appeals on the variance application filed by Ralph R. Joyce and Maureen J. Joyce with your office on March 21, 1984.' Thank you for your attention to this matter. ;Ver ru you ph R. Joyce Wou RRJ: mj j cc: Frank Serio, Jr., Chairman 'Augustine W. Nickerson Walter Soule, Alfred Frizelle, Richard Trepanier, William J. Sullivan, Raymond Vivenzio, Maurice S..Foulds CERTIFIED MAIL, RETURN RECEIPT REQUESTED EXIMIT B A.10 - JUN 3 7 AM 4UWN OF NO'R'"T*H ANDOVER MASSACHUSEWS BOARD OF APPEALS NOTICE OF DECISION Afff Wal thall be filed *01hift (20) days after the,' 'dat@ of f I I Ing of thi� NoticO 1h ft Off ' I * ce of. the Towrl MA Date ..... 4"laY. ....... Petition NO.. . . �Z�7.'.84 ........... Date of Hearing. AP;�U .9,..19R4 cont. May 21, 1984 RALPH AND MAUREEN JOYCE Petition of ................................................................. : ....... ...... premises affected .... South side..of. ReA.$trep�t.Y,.no.. wn. a.9. Lot..# 3 5 .............. Referring to the above petition for a variation from the requirements of the .. Z.oning. By. -Law S.ect.ion.7.j..Pa.ragr4p.b. 7-.2..and Table .2 ........................................ from.t�b.e.f.ron.tag.e-reqiairement ........................ so as to permit rpl i e f ... ......................................................................................... After a public bearing given on the above date, the Board of Appeals voted to ... D�ENY the. v.ari.anc.e ......................... ................ ........... ...................... 4TTEST A True CW Town Clork Signed Frank Serio.., Jx. —Chairman ......... Ri.cbaxd. j...Trepanier.,.,Es.q..,.. Clerk Augustine.W.... Nickerson ............ Wa.ltex.F.. Soule,. Associate Member ................................. Board of Appeals ,fRalpfi --R. �qooycE ATTORNEY AT LAW Ig 04"dloerzx Board of Appeals FRANK SERIO, JR., CHAIRMAN 120 main Street North Andover, MA 01845 TELEPHONE 685-4555 ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER, MA 01845 June 4. 1984 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: In order that I may be in strict compliance with your rules and regualtions requiring a written request for a Motion for Reconsideration received ten days after the filing of the decision, please accept this letter as such a request all as further supported by my earlier request of May 23, 1984. Thank you for your consideration in this matter. RRJ: mj j ilMr. John Graham, Chairman �Board of Selectmen 0 Main Street �Orth Andover, Mass. 01845 laint of Ral ar Mr. Graham: and Maureen Joyce July 9, 1984 Uresponse to your request, listed below is the chronological tries of events regarding the complaint of Ralph and Maureen Joyce against,the Board of Appeals for the week of June 18 - 222 84: June 19 1, as Chairman of the Board of Appeals, called the Board secretary to inquire as to whether the Town Clerk and/or the Board of Appeals office had received a copy of the complaint since I had received a copy at my home address via certified mail. The Board secretary immediately asked the Town Clerk, Mr. Daniel Long, if the complaint had been filed with his office and was told that no complaint had been. I instructed the Board secretary to notify me as well as the present Town Counsel, Attorney John J. Willis, Sr., if and when she received the complaint. 2) June 22 The Board secretary informed me that still no complaint had been received by the Board of Appeals and that she would borrow the complaint from a Board of Appeals member, copy it, and forward it to the present Town Counsel as well as the Board of Selectmen. She checked with the Town Clerk again before borrowing a copy and was informed by the Assistant Town Clerk, Louise Long, that the complaint had been filed with her office on Friday, June 15, 1984, but had been placed in a'file drawer. Mr. John Graham, Chairman July 9, 1984 Page 2 3) June 22 The Board secretary immediately copied the complaint and forwarded it to the then present Town Counsel and the Board of Selectmen with a request for Special Counsel to represent the Board of Appeals. r,lf I can be of any further assistance, please do not hesitate to cuntact me. Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman �'YA / j w Ry ,LOWTPI 0 US TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 22, 1984 Mr. John Graham, Chairman Board of Selectmen 120 Main Street .North Andover, Mass. 01845 Re: Ralph and Maureen Joyce Civil Action #968/84 Dear Mr. Graham: Enclosed please find a copy of a complaint filed against the Board of Appeals by Ralph and Maureen Joyce. Given the facts that Attorney John J. Willis, Sr. is about to retire from the position of Town Counsel and Attorney Joyce has been appointed to the position, the Board of Appeals respectively requests that the Board of Selectmen appoint Attorney Joseph Boulanger to represent the Board of Appeals in this action. Kindly place this request on the agenda for your June 25, 1984 meeting. If you need any additional information or assistance, please feel free to call the Board of Appeals office at 685-4775. Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman FS/jw cc Attorney John J. Willis, Sr., Town Counsel TELEPHONE 685-4555 qoyCF- ATTORNEY AT LAW ELLIS BUILDING 95 MAIN STREET JuN 15 2 23 '8q NORTH ANDOVER, MA 01845 S`41 June 12, 1984 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, MA 01845 RE: Variance Application - Rea Street Ralph R. & Maureen J. Joyce Dear Mr. Long: Please accept this letter as a Notice of Appeal from the action of the North Andover Board of Appeals on the variance application filed by Ralph R. Joyce and Maureen J. Joyce with your office on March 21, 1984. Thank you for your attention to this matter. Ver ru you eou ph R. Joyce cc: Frank Serio, Jr., Chairman Augustine W. Nickerson Walter Soule,, Alfred Frizelle, Richard.Trepanier, William J. Sullivan, Raymond Vivenzio, Maurice S. Foulds CERTIFIED MAIL, RETURN RECEIPT REQUESTED 329 Rea Street North Andover, MA 01845 April 21, 1984 REF: Mr. R. Joyce's request for variance on frontage requirements on Rea Street presented to the Board of Appeals at their April 10, 1984, meeting. Mr. Frank Serio, Chairperson Board of Appeals Town of North Andover North Andover, MA 01845 Sir: I thank you and the other members of the board for continuing the hearing to permit me to verify my property lines. I have com- pleted my investigation, and the corner in question at the meeting does not belong to me. I have only one other concern which I presented at the April 10th meeting and which I will explain in detail in the following paragraph. The Korosky (Joyce) property is naturally divided into a western (the largest) portion and an eastern portion by three stream beds and a large marshy area. The marshy area extends into the southwestern corner of my property and one of the streams flows along the western border of my property. If the 21 feet of access on Rea Street is the only access to the entire parcel of eight acres, and if Mr. Joyce decided to build houses on the western por- tion of the property, a roadway would have to be constructed over the streams and the marshy area would probably have to be filled in. Inadequate bridges or culverts and the filled in marsh would alter the natural flow of water; especially in the spring thaw and during periods of heavy precipitation. The diverted water would accumulate on my- property and could form a substantial body of water which would not be desirable from an esthetic and health viewpoint but could, in fact, jeopardize my homesite through erosion of the bank. Once again, I thank you for continuing the hearing and for listenina to my concerns. Vern A. Roddahl Copy to: Mr A. Frizelle, Mr R. Trepanier, Mr W. Sullivan, Mr R. Vivenzio, �Ir M. Foulds, Mr V..T. Soule, Mr A. Nickerson, M.r A. Galvagna, Mr P. Doyle, Mr G. Vicens, Mr A. Resca, Mr H. Fink, F. Elias, Mr R. Stulgis f( �`�� fE 1 � � f � 4. �V f�/ ��.� ��I�l'�� TO WHOM IT MAY CONCERN: May 21, 1984 I am opposed to the granting of the variance to Mr Ralph Joyce to permit him to build on a piece of property currently owned by Helen Korosky. The following concerns prompt me to take this position. 1. Mr Joyce has not yet presented an engineering plan which details certain critical information. A. Where will his septic system be located? B. What type of driveway will be constructed? (1) Since there is only a sixteen foot opening, how wide will the driveway be? I would not want my rock fence to be the retaining wall for a hard top driveway. (2) Will the driveway be hardtop (Macadam or concrete) or will it be gravel? Due to the slope of the land, a hard top driveway will probably form a stream which will undermine my rock fence and flow through my property. A gravel driveway on the other hand will permit the rain water and snow melt to perc and flow naturally. (3) Are there any changes in elevation of the driveway at the entrance planned? Currently the land is lower than the rock fence(approximately 30 inches). Any change in this elevation could aggravate the water flow problem. (4) Is a sixteen foot opening sufficient to permit emergency vehicle access to the property? In the event of a fire on the property in question, could the firefighting equipment gain access to combat the fire? If,nob, the fire would jeopardize all of the homes in the area. 2. In the April meeting, Mr Joyce voluntarily announced that he would willingly stipulate that as long as he owned the property, he would not develop additional home sites unless he obtained the required frontage. If the variance is granted, this stipulation of one single family dwelling must be attached to the land and not just to Mr. Joyce. 3. In closing, Mr. Joyce is seeking this variance to relieve a hard- ship: insufficient frontage. In the Appeals Board meeting in April,; he responded to a question from the Board that neither he nor any agent of his had contacted the abutters to attempt to purchase the needed frontage. I suggest that he should do so before the Appeals Board rules on the variance. Vern A. Roddahl ,�-Raf#4 oqoyce ATTORNEY AT LAW Board of Appeals FRANK SERIO, JR., 120 Main Street North Andover, MA CHAIRMAN 01845 TELEPHONE 685-4555 F R ELLIS BUILDING MAy 2q 95 MAIN STREET 1 52 %ORTH ANDOVER, MA -01845 May 23, 1984 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: Please accept this letter as a request for a Motion for Reconsideration of the action of the board on the above-cited matter in their meeting of May 21, 1984. It is my contention that since the full board was.not present and voting that my ability to secure the variance has been significantly prejudiced thereby. Accordingly I request that a special meeting of the board be scheduled with all five members sitting on the application present and available for reconsideration. I thank you in advance for your consideration in this matter. Very Uly ours, y / . . pp =h. y' 0 RRJ: mj j North Andover, MA. 01845 June 26, 1984 (tel. 6BB-2968) I The Editor Eagle -Tribune .Box 100 Lawrence, MA 01842 0 To The Editor: n Attorney Ralph Joyce, with a little help from his friends, has placed himself in the ironic position of being both North Andover's Town Counsel and the plaintiff in a law suit against the Town. On June 15th the Town Clerk, Daniel Long, received notice that Mr. Joyce had instituted a law suit against the Town and the individual members of the Zoning Board of Appeals for their "capricious" decision of not granting him a zoning easement. Mr. Joyce has an option to buy some 8 acres of land provided that he can get an. easement to build on the property. The zoning laws require a street frontage of 150 feet. The property has 21 feet of frontage. A second bylaw covering larger tracts (Article 96 of the April 1984 Town Meeting) requires a minimum frontage of "not less then 50 feet..." and "no such lot ... shall be hereafter subdivided." Mr. Joyce can't or won't meet either of these two conditions. It appears that Mr. Joyce feels that he is above the same laws that in future months, he must defend. Apparently he also feels that he can maintain a good working relationship with the same body of people he is suing. From the midst of Town Government, he is setting a prime example for every,developer in North Andover — if you don't like the law, sue; maybe you can get around it. On the evening of June 21st the vote for Town Counsel was held. Why didn't the Town Clerk, Daniel Long, as a present and voting member of the appointing committee, pass on the information about Joyce's pending suit. At that point he had had the information for 8 days. Why did it take until Friday, June 22, after the appointment had been made, for that information to surface? The fact that Mr. Joyce had lobbied hard and received support from some Town Officials prior to any other candidates applying for the position tells the people, once again, it's not what you do, it's who you know that counts. This is just another example of why the public has lost faith in politicians and the political process. Francia Lindon z �- w 0 Pl) 0 Z > V) 0 :3 :3 W t -h ai �u 0 En 1-4 > 4 rt 010 (D ti eO (D (D (D C4 0) rr w �- Z : 10 00 Ul TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN tjORTH TELEPHONE 682-6483 SSA MEMORANDUM TO: Frank Serio, Chairman, Board of Appeals FROM: John P. Bohenko, Executive Secretary DATE: July 11, 1984 SUBJ: Case of Ralph & Maureen Joyce vs Board of Appeals On Monday, July 9, 1984, the Board of Selectmen voted to appoint Lenord Kopelman of Kopelman and Paige to represent the Town in the case of Ralph and Maureen Joyce vs. the Board of Appeals. Attached for your information is a letter that I sent to Attorney Kopel- man regarding his appointment as Special Counsel. Attorney Kopelman will be in touch With you to disucss the details of this case. if you have any' questions on this matter, please give me a call. 11 a TOWN OF NORTH AN -DOVER, MASSACHUSETTS OF1710E OF BOARD OF SELECTMEN July 11, 1984 16M., TELEPHONE 682-6483 Attorney Lenord Kopelman 77 Franklin Street Boston, MA 02110 Dear Mr. Kopelman: As we discussed in our telephone conversation, the Board of Selectmen of the Town of North Andover voted to appoint your firm as Special Legal Counsel in the case of Ralph and Maureen Joyce vs. Zoning Board of Appeals. For your information, I have enclosed some background documents relative to this case. For additional information, I suggest that you contact either Frank Serio, Chairman of the Board of Appeals or Jean White, Clerk at 685-4775. It is my understanding that your firm's hourly rate for this case will be $90.00. If I 'can be of further assistance to you Vn this matter, please give me a call. Truly yours, BOARD OF SELECTMEN J n P. Bohenko ti , JB:cf )xecutive Secretary Enclosure U C U TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS June 22, 1984 Mr. John Graham, Chairman Board of Selectmen 120 Main Street North Andover, Mass. 01845 Re: Ralph and Maureen Joyce - Civil Action #968/84 Dear Mr. Graham: Enclosed please find a copy of a complaint filed against the Board of Appeals by Ralph and Maureen Joyce. Given the facts that Attorney John J. Willis, Sr. is about to retire from the position of Town Counsel and Attorney.Joyce has been appointed to the position, the Board of Appeals respectively requests that the Board of Selectmen appoint Attorney Joseph Boulanger to represent the Board of Appeals in this action. Kindly place this request on the agenda for your June 25, 1984 meeting. If you need any additional information or assistance, please feel free to call the Board of Appeals office at 685-4775. Sincerely, BOARD OF APPEALS Frank Serio, Jr., Chairman FS/jw 1W zo kA cc Attorney -�;&4n -J-% ;-4444a, -&r., Town Counsel 0 I ,�Rafp� cR. qoycE ATTORNEY AT LAW 9 44"ZIerzWX EXHJBIT C TELEPHONE 685-A555 ELLIS BUILDING 95 MAIN STREET NORTH ANDOVER. MA 01845 June 4, 1984 Board of Appeals FRANK SERIOF JR., CHAIRMAN 120 Main Street North Andover, MA 01845 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREET, NORTH ANDOVER Dear Mr. Chairman: In order that I may be in strict compliance with your rules and regualtions requiring a written request for a Motion for Reconsideration received ten days after the filing of the decision, please accept this letter as such a request all as further supported by my earlier request of May 23, 1984. Thank you for your consideration in this matter, RRJ: mj j 0 EXHIBrr D TELEPHONE 685-4555 ATTO04EY AT LAW ELLIS BUILgING 95 MAIN STREET B4 NORTH ANDOVER. MA -'01845 a, qi, May 23, 1984 Board of Appeals FRANK SERIO, JR., CHAIRMAN 120 Main Street North Andover, MA 01845 RE: VARIANCE APPLICATION RALPH R. & MAUREEN J. JOYCE REA STREETs NORTH ANDOVER Dear Mr. Chairman: Please accept this letter as a request for a Motion for Reconsideration of the action of the board on the above-cited matter in their meeting of May 21, 1984. It is my contention that since the full board was not present and voting that my ability to 'secure the variance has been significantly prejudiced thereby. Accordingly I request that a special meeting of the board be scheduled with all five members sitting on the application present and available for reconsideration. I thank you in advance for your consideration in this matter RRJ: mj j Very ul ours, J' y JC p�b J'y e I :%-'t c-, 4'Q - I Cr,\p -1 Pcy� ( Cj \, -� to, 'cz> Se-Z\O ,LOPTN S C U TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 9, 1984 - Mr. John Graham, Chairman Board of Selectmen 120 Main Street North Andover, Mass. 01845 Re: Complaint of Ralph and Maureen Joyce Dear Mr. Graham: In response to your request, listed below is the chronological series of events regarding the complaint of Ralph and Maureen Joyce against the Board of Appeals for the week of June 18 - 22, 1984: 1) June 19 1, as Chairman of the Board of Appeals, called the Board secretary to inquire as to whether the Town Clerk and/or the Board of Appeals office had received a copy of the complaint since I had received a copy at my home address via certified mail. The Board secretary immediately asked the Town Clerk, Mr. Daniel Long, if the complaint had been filed with his office and was told that no complaint had been. I instructed the Board secretary to notify me as well as the present Town Counsel, Attorney John J. Willis, Sr., if and when she received the complaint. 2) June 22 The Board secretary informed me that still no complaint had been received by the Board of Appeals and that she would borrow the complaint from a Board of Appeals member, copy it, and forward it to the present Town Counsel as well as the Board of Selectmen. She checked with the Town Clerk again before borrowing a copy and was informed by the Assistant Town Clerk, Louise Long, that the complaint had been filed with her office on Friday, June 15, 1984, but had been placed in a file drawer. Mr. John Graham, Chairman July 9, 1984 Page 2 3) June 22 The Board secretary immediately copied the complaint and forwarded it to the then present Town Counsel and the Board of Selectmen with a request for Special Counsel to represent the Board of Appeals. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, BOARD OF APPEALS Fra Serio, Jr., C irman FS/jw