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HomeMy WebLinkAboutEllen Cashman Summary for 11.14.2023 ZBA Meeting - Correspondence - 0 WINTER STREET 11/2/2023 CASHMAN WINTER STREET LAND- A BRIEF SUMMARY Family history in North Andover As has been explained previously, (see Ellen Cashman’s 6/6/23 letter), the Cashman family has a long history with the town and has been serving the community and standing for the closeknit, caring small town feeling of North Andover for over 100 years. History of Land Twenty-six acres of what had been farmland were purchased in the late 1940’s. A home was built at the corner of Winter and Dale streets and the rest of the land was untouched and taxed as farm land. In the 80’s a few acres closest to the Smolak Farm were divided into house lots and sold. Before the two-acre zoning was proposed in ’87, the rest of the land (lots 8-15) were subdivided into one-acre buildable lots before town meeting with trusts set up on each acre parcel. The pond was sectioned off into its own lot in case any family member might want to continue to own it as the land was eventually sold. After they sold their service station at 4 Main Street and retired, and after the two-acre zoning was approved at town meeting, Frank and Joan began to sell the one-acre lots on Dale Street through the 90’s when they needed the income. Two lots were gifted to children, Ellen and Patricia. All Dale Street lots were sold by 1998. Building permits were granted on all sold lots even though, unbeknownst to the Cashmans, the grandfathering had expired. Land sales and taxes Only the three lots on Winter Street remain unsold. Over $220,000 in property taxes have been paid on those three lots since 1992. The Assessor lists the Winter Street Lots as buildable lots. There was no notice that the town would stop honoring the one-acre lots, and since they continued to be assessed and billed as one-acre lots, the Cashman family believed that they still had three buildable lots. Frank Cashman passed in ’88 and Joan Cashman continued to pay taxes until her passing in 2021 at 95. Paying taxes caused a financial hardship for her. If the Cashmans had not been using that $220,000 for taxes over thirty plus years, they could have invested the money and enjoyed significant financial returns on their investments over those decades. Abutters and supporters The two negative responses from abutters are from people who live several houses down from the edge of the property. At the October meeting, negative emails from Mr. Ford were read aloud. There was no mention of the many supportive emails that were also sent to the zoning board. The abutters who are closest to the property have not voiced negative responses and the abutter at 360 has sent an email in support of the project. Supportive Letters and emails 6/6/23 Ellen Cashman letter explaining family history in town and family hardships 8/2/23 Letter of support from abutters Kristen and Christopher Lavoie at 360 Winter Street. 8/6/23 Email of support from Fran and Ellen (Long) Murphy 8/7/23Email of support from abutter Daniela Karina at 863 Dale Street 8/8/23Email of support from Carol Smolak Leary of Essex Street 8/8/23 Email of support from John & Diane Carney of South Bradford Street 8/9/23 Email of support from David and Carolyn Williams at 140 Winter Street 10/9/23 Email of Support from Peter Breen 10/21/23 Email of support from Michael Smolak 8/8/23 Abutters and neighbors Cathy & Byron Leonhard and Michael Helman along with Ellen & Fran Murphy attended the meeting in support of the appeal. Unsupportive emails Ron Ford at 428 Winter Street sent a total of eight emails between 8/8/23 and 9/13/23. It should be noted that Mr. Ford lives several houses down from the lots in question and his home is on the opposite side of the street. Only one small corner of his property is within the abutter’s area and there are no wetlands threatening his property. 19/9/23 Email from Sarah Tanaki (responses prepared by Andover Consultants Letter from Smolak and Vaughan dated August 7, 2023 Although not all of Atty. Smolak’s letter is applicable to the Cashman’s appeal, the letter of explanation points out that the change in zoning “resulting in unsuspecting owners having their land slashed in value as a result of these changes.” He also points out that “it is was only recently that the Town began interpreting the language of the Zoning Bylaw’s CBA provision in a way which is radically different from how it had consistently interpreted and applied it since it’s inception over a period of more than 30 years.” Mr Smolak also states: Ellen Cashman and many other landowners in a similar situation (i.e., who have made a substantial investment in land over the years, and where the Town itself has had the benefit of taxing the land as separate buildable single family lots) have been made subject to an unanticipated change in the longstanding interpretation of the CBA provisions of the Zoning Bylaw.” He concludes:” The Town has effectively amended the Zoning Bylaw without due notice. In effect, the Cashman Family is now being punished for holding out, and maintaining this land as open space for over 30 years. And there are many others like them in Town. That is not right. Cashman Narrative and Timeline These two submitted documents clearly explain and outline the trusts and conveyances of the Cashman property. Also important is the following: Notwithstanding any argument to the contrary that the remaining undeveloped Lots shown on Plan 40905-D are protected under M.G.L. c. 40A, § 6, the Town’s actions in issuing building permits for Lots 8, 9, 11 and 12 must be honored for the remaining undeveloped Lots. Massachusetts courts have repeatedly emphasized the importance of uniformity in land use decisions. See, e.g., Fafard v. Conservation Comm’n. Of Reading, 41 Mass. App. Ct. 565, 569 (1996) (“In the administration of controls limiting the use of land—as with any exercise of the police power—uniformity of standards and enforcement are of the essence. If the laws are not applied equally they do not protect equally.”); Montgomery v. Board of Selectmen of Nantucket, 95 Mass. App. Ct. 65, 77 (2019) (“The possibility that the commission may have taken inconsistent positions on similar proposals, without exploring or explaining the inconsistency, is a particularly relevant concern.”); ASD Three Rivers MA Solar, LLC v. Planning Bd. Of the Town of Wilbraham, 29 LCR 124, 136 (2021) (“The Board’s application of different interpretations (i.e. different methodologies) to different \[permit\] applicants was arbitrary, capricious and legally untenable.”). Therefore, since the Town previously treated four of the Lots shown on Plan 40905-D as benefiting from the isolated residential lot zoning protections under M.G.L. c. 40A, § 6, para. 4, and in the interest of uniformity, the Town must treat the remaining undeveloped lots similarly. Legal, Engineering and Wetland Submissions All materials requested by the zoning board of appeals have been submitted and questions answered. Miscellaneous The pipe which was installed under Winter Street in the mid 80’s backed up and formed the wetland area near the driveway on Winter Street. If the pipe were to be cleared by the town, the wetland might disappear. Purpose of Zoning Board of Appeals The Zoning Board of Appeals was created as a vehicle to grant relief from the strictest interpretation of the law in situations where there is good cause to consider leniency. It was not created to make appeals as difficult as possible but rather to recognize hardships and vote positively when there is evidence that it will not impact the neighborhood. The engineering and wetland studies show that the impact to the neighboring land will be minimal. Conclusion The town of North Andover Assessor’s office continues to describe the Winter Street Lots as “Buildable” and they are taxed accordingly. This in addition to its history of allowing Dale Street lots to be sold as one-acre lots into the late 90’s constitutes a past precedence that should be honored as these last lots are sold. The Cashman family is not asking for hundreds of apartments that have impacted other areas of town. They simply want to be able to have building permits for three lots which will have a minimal impact on surrounding property. The family has stewarded this land for over 70 years. Unfortunately, financial and estate settlement issues make the sale of the land a must. The remaining family members are in their senior years and need as much income as possible from the sale of that land. Permits for those three lots would give them that relief while providing a kinder, gentler solution for the land and its neighbors than other options they may be forced to consider. The Cashmans grew up in North Andover when it was a working man’s town where people and boards cared for, listened to, supported and celebrated each other. The family sincerely hopes that North Andover has not lost the understanding, concerned, generous, and helpful attitude towards its residents that it has had in the past. Submitted by Ellen Cashman November 2, 2023