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Home My WebLink AboutMiscellaneous - Stonecleave RoadS ro � c BUILDING DEPARTMENT Community Development Division July 27, 2007 Howard P. Speicher, Esq., Davis Malm & D'Agostine P.C. One Boston Place Boston, Massachusetts 02108 Re: Lot 10, Stonecleave Road i Dear Attorney Speicher: I have received your letter of July 2, 2007 requesting that I determine the status of Lot 10, Stonecleave Road from the enclosed copies of Essex North Registry of Deeds recorded land transfers and the Definitive Plan of Land of Stonecleave Estates located in North Andover, Massachusetts, approved by the North Andover Planning Board, Plan #7636. The North Andover Zoning Board of Appeals would be the entity for determining if Lot 10 Stonecleave Road may qualify as a "grandfathered" lot or not; the Board should determine whether the enclosed documentation satisfies the requirements of Massachusetts General Laws Chapter 40A, Section 6. Please contact my office if you have any questions. Sincerel Gerald A_ Brown, Inspector of Buildings / Zoning Enforcement Officer cc: Zoning Board of Appeals file 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9545 Fax 918.688.9542 Web www.townofnorthandover.com N A BUILDING DEPARTMENT Community Development Division July 27, 2007 Howard P. Speicher, Esq., Davis Malm & D'Agostine P.C. One Boston Place Boston, Massachusetts 02108 Re: Lot 10, Stonecleave Road i Dear Attorney Speicher: I have received your letter of July 2, 2007 requesting that I determine the status of Lot 10, Stonecleave Road from the enclosed copies of Essex North Registry of Deeds recorded land transfers and the Definitive Plan of Land of Stonecleave Estates located in North Andover, Massachusetts, approved by the North Andover Planning Board, Plan #7636. The North Andover Zoning Board of Appeals would be the entity for determining if Lot 10 Stonecleave Road may qualify as a "grandfathered" lot or not; the Board should determine whether the enclosed documentation satisfies the requirements of Massachusetts General Laws Chapter 40A, Section 6. Please contact my office if you have any questions. Sincerel Gerald A_ Brown, Inspector of Buildings / Zoning Enforcement Officer cc: Zoning Board of Appeals file 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9545 Fax 918.688.9542 Web www.townofnorthandover.com C' THOMAS J. URBELIS e-mail tju@uf-law.com URBELIS & FIELDSTEEL, LLP . 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 Telephone 617-338-2200 Telecopier 617-338-0122 July 16, 2007 Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Lot 10, Stonecleave Road Dear Mr. Brown: Andover Tel ephon078-475 -4552 We have reviewed the letter dated July 2, 2007 from Attorney Howard P. Speicher, who represents Richard Adams, the owner of Lot 10 Stonecleave Road (the "Property"), seeking a determination that Lot 10 is a "grandfathered" building lot pursuant to Massachusetts General Laws Chapter 40A, Section 6, so that the lot may be built upon notwithstanding the fact that it does not comply with the current requirements of the North Andover Zoning Bylaw regarding area and frontage. In taking the position that Lot 10 is `grandfathered", Attorney Speicher asserts that because Lots 9 and 10 are in separate record ownership, they are preserved as separate buildable lots for purposes of zoning. The documentation provided by Attorney Speicher shows that Lots 9, 10 and 11 were conveyed to Richard Adams on July 27,1977. On October 28, 1977, Richard Adams deeded Lot 11 to Barco Corporation. On February 28, 1979, Richard Adams deeded Lot 9 to "Richard D. Adams and Jo -Anne Adams, husband and wife as joint tenants," so that at the present time, Richard Adams individually is the record owner of Lot 10, and Richard D. Adams and Jo -Anne Adams are the joint owners of Lot 9. Mr. Adams takes the position that this is sufficient to establish the separate ownership required to "grandfather" the lots under M.G.L. c. 40A, §6, para. 4. In making this assertion, Attorney Speicher relies on the case of Carcofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926 (1986), where the Appeals Court held that two adjacent lots, one held by a husband and wife, and one held in part by the husband and in part by the husband and wife, were .grandfathered, and did not merge. However, in a subsequent case, Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (1999), the Appeals Court clyncxwl;�dged that the Carcofi case had "been undermined by subsequent case law," Id. at 240. JUL 1 Y NUI w \wp51 \work\n-andove\corresp\brown -lot 10, stonecleave rd.doc BOARD Or APPEALS TcTu 4 P I- L 11 t0 6-" 1,- URBELIS & FIELDSTEEL, LLP July 16, 2007 (� Page 2 The Appeals Court in Preston referred to the 1994 case of DiStefano v. Town of Stou ton, 36 Mass. App. Ct. 642 (1994), which addressed the practice of "checkerboarding" and the grandfathering provisions of Chapter 40A, and held that the critical inquiry "was not the form of ownership, but control," Id. at 645. The DiStefano case involved lots some of which were held by Mr. DiStefano individually and as Trustee, and some of which were held by his wife individually. In upholding a decision of the lower court judge which disregarded the checkerboard conveyances, the Appeals Court expressed this principle as follows: Anna, merely by reason of her being Albert's wife, is not automatically a controlled person so far as the lots to which she received title is concerned. The judge could find, however, that her lots were in fact under Albert's control because the group of- lots transferred to her were "sold" fora consideration of $100, i.e., nominal; there was no evidence that the $100 was ever paid; Anna acceded to Albert's control in the corporation; ...." Id. at 586, 587. The„cases decided after Carcof. hold that the issue of control is a factual one, and is not necessarily determined by the face of the recorded documents, but should consider all of the attendant circumstances. Therefore, it would appear in this case that such a determination should be made in the first instance by the Zoning Board of Appeals. Very truly yours, ThomasJ rbelis TJU/kmp cc: Zoning Board of Appeals Board of Selectmen �k ,y Zoning Bylaw Denial ' Town Of North Andover Building Department 4OO `09gOOd St. North Andover, MA. 01845 OS Phone 976.666-9545 Fax 976404642 Street, Stonecl llao/Lot: 104.C/1 R ue ; Date 1-30-06 Please be advised that after review of your Application and Plans #M your Application is DENIED for the following Zoning Bylaw reasons: Zonis _ limn Notes Variance Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information x 4 1 Insufficient Infomnation B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Inforrnation C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient 1 1 Building Coverage 6 Preexists setback(s) 1 Coverage exceeds maximum 7 Insufficient Information x 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed YES 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient.lnformation 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district V F. S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedv for the above is checked below. Item a Special Permits Planning Board Item f Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parldrig Variance From a Exception Lot Special Permit Lot Area Variance Common Drivevvey Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Sderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density " Perm.,i Special Permit preedsting nonconforming Watershed fteciel Permit The above review arc aaadhed a pWoOm of such Is basad on the pans and inrametim &Amlftd. No definitive review and or advice shag be bsaad on veft eoWrnaons by fhe appkmtt nor sW such vwW s pimations by ahs apphcwnt own to provide definitive srtswars b ar above rsssons for DENIAL. Any ira=iracm, mokeding k6u.naM , or ocher s6aquent changes to the niomration submilied by the applicarht dO be gmwift for thio rarkw m be raided at the diacnation d ahs Bus ft Deparknei t. The aMwhad doe irnerd tiUad'Plm Review Nwr@W *0 be a&wW hsrslo and owporaied herein by Morena. The bui ft d"ohnent w1I ratan d plans arid docraneriMan for the above fik. You moat ft a new b Adkhg pwnit application form and bean ate esrmiltirta orooaos. Building Department Oftial Signature Applscstion L69d Application Denied nAfti--o Rant ' If Gnt..en.A Mh^ne Afenmhav/ilake, Plan Review Narrative The following narrative is provided to further explain the masons for denial for the application/ permit for the property indicated on the reverse side: -4, R -S, No Certified planf land and no building plans -7. F-4 wpre provided. No deed recorded at the North -Essex _ - es the development have any -r,-Qf7-rirfinnq nn nPw-nonstrurt ion? Insufficient information to make a determination. Planning Historical Commission Other BUILDING DEPT Fire Health Police Zoning Board Conservation Departnwd of Publk: Works Planning Historical Commission Other BUILDING DEPT BERNARDIN & BERNARDIN ATTORNEYS AT LAW 346 NORTH MAIN STREET ANDOVER, MASSACHUSETTS 01810 FERNAND A. BERNARDIN (1932-1986) RENE R BERNARDIN (1946-1987 RET) DAVID E BERNARDIN January 11, 2006 Gerald Brown, Building Inspector North Andover Town Hall Annex Osgood Street North Andover, MA 01845 Hand Delivered Re: Richard Adams and Joanne Adams Map 104B, Lot 137 Stonecleave Road, North Andover Dear Mr. Brown: The undersigned represents Richard Adams and Joanne Adams, who own two contiguous, one -acre lots on Stonecleave Road. Their home carries the address of 114 Stonecleave Road, upon one lot. The other, vacant lot has been assessed and billed to them as a building lot for many years. TELEPHONE: (978)470-3270 TELECOPIER: (978)474-4542 (978)470-2119 Mr. and Mrs. Adams seek to secure building lot status for the lot known as 104B, parcel 137, per application for building lot status enclosed, which procedure we understand to be a pre -requisite for a denial from your office so that we may proceed to the Zoning Board of Appeals. 1 Cordiall\--- David F. Bernardin TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REP RENOVAT OR DEMOLISH A ONE OR TWO FAMILY DWELLING •.,, .. BUILDING PERMIT NUMBER: DATE ISSUED. SIGNATURE: Building ColmnissionedI r of Buildings Date SRrTION 1- CiTii' rNL'nD11d A'rinwr 1.1 Property Address: 1.2 Assessors Map and Parcel Number: Stonecleave Road 104B 137 Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: R1 Separate Building Lot 43,560 150 Zoning District Proposed Use Lot Area Fronts ft 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Required Provided Required Provided 1.7 Water Supply NMI -C.40. 54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public 0 Private 0 Zone Outside Flood Zone ❑ Municipal ❑ On Site Disposal System 0 SECTION 2 - PROPERTY OWNERSEMAUTHORIZED AGENT Historic District: Yes _ No _ 2.1 Owner of Record Name (Print) Address for Service Signature Telephone 2.2 Owner of Record: Name Print Address for Service: Signature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable ❑ Licensed Construction Supervisor: License Number Address Signature Telephone Expiration Date 3.2 Registered Home Improvement Contractor Not Applicable 0 Company Name Registration Number Address Si nature Telephone Expiration Date 00 M X 3 Z O v D m O Z M 90 O r v M r r ^^z Y♦ SECTION 4 - WORKERS COMPENSATION (M G.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes .......0 No ...... M SECTION 5 Description of Proposed Work check all applicable) New Construction ❑ 1 Existing Building ❑ 1 Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ I Demolition ❑ I Other ❑ Specify Brief Description of Proposed Work: Building lot status for vacant lot of one acre (Map 104B, Lot 137) is being sought, in 2 acre, 175' frontage requirement R-1 District, to permit division from adjoining lot owned by applicants on which home is located, to allow house to be built on vacant, one -acre lot, consistent with rest of street. I SECTION 6 - FRTTMeTRn fYINCTATr!"TTnW nnc're Item Estimated Cost (Dollar) to be OFFIC Completed by permit applicant F 1. Building , a () Building Permit Fee � Multiplier 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbing t,l X (b) =Nwnber 4 Mechanical HVAC 5 Fire Protection 6 Total 1+2+3+4+5 Crr"rirrW 7.. rVURIXTL'n ♦rrmrrnrt... •�aavir iVu Vl�l_rLG IZli Wrmo OWNERS AGENT OR CONTRACTOR AP S FOR BUILDING PE PERMIT, - as Owner/ Hereby auth�rzeniatters My behalf; irelative to work authorized by this building permit application. mature of Owner SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION Date Agent of subject property to act on 11 as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief David F. rnarWi�ttorney for Richard and Joanne Adams Print Name ` ,( January 11, 2006 Signature of Owner/Agent Date NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR T M13ERS 1 2 SPAN DIMENSIONS OF SILLS DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CHRv1NEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. *****************************APPLICANT FILLS OUT THIS SECTION*********************** APPLICANT Richard D. Adams & Joanne Adams LOCATION: Assessor's Map Number 104.B SUBDIVISION STREET Stonecleave Road PHONE C/O Bernardin & Bernardin (978) 470-3270 PARCEL 137 LOT (S) ST. NUMBER *****************************************OFFICIAL USE ONLY*********************************** RECOMMENDATIONS OF TOWN AGENTS: CONSERVATION ADMINISTRATOR DATE APPROVED DATE REJECTED COMMENTS TOWN PLANNER COMMENTS, FOOD INSPECTOR -HEALTH SEPTIC INSPECTOR -HEALTH COMMENTS DATE APPROVED DATE REJECTED DATE APPROVED DATE REJECTED DATE APPROVED DATE REJECTED PUBLIC WORKS - SEWERIWATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT DUMPSTER PERMIT RECEIVED BY BUILDING INSPECTOR DATE O O T oa d O S N IL m d 0 9� m c goo wo m 3 •• z+Ox z Wv"r xoODimo=icMo al oo°i $ 10, no, y y m 71 " N 0o 00 v act M A0o"mom o�CLo M n. oalD •n 3 ' 2 gpmC°� D �aT " D 0 >G) owi� O OD W N 01 Z of=ooXnW= nD 3alB- _ P,Ww_c=DZ . gM<<rL< ai N C 40 m oil, 000 V N O 4L"� J BD N Vp, OD N Ch 0 n N�h Z C o C12 p = �v 0 0 03 P D O Ziac - Di OO :iB Dvm n -�Ny z m Z O r Y y zm D� vh vh i4 h mD(0)M M o �o < v r" a M yM v 'Zrl O oD 0 b gv 3 0 " a z o D "0 X 000�1C p 3 $ m x 3 3 d O� CL W r ao Dmf$ O o 0 X N coo r m �m N ER 'O6' w LP3cDmmm 0� I o <.-iv-o N -1, O W �N p.mmm r .a ci S m� so r m 0� a o �mo ;un 3 coo ma' cn Q A r ww co) 0 z M 0 m CL ��;°' aom D N�+ •m�pOcl' m C -< om 0 g 0 ED O 3 M� y (DmNt�lim REP m nvi W .. 0 h:0 c o h N t3 M 000 V Vp, OD N m 00 00 oo z v�3 DCD = �v 0 03 P r ? 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