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HomeMy WebLinkAboutBEGLEY, JOHN Ak RECEIVED Jr tELi.ONGOq . GLE Any appeal shall be filed o2 ,. e. ^',�o0AM within (20) C.-,ys after the p 0 nag date Gf of this Notice in the Office of. the. Town 9S3AC14USY� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Patricia & John Begley 37 Waverly Road * Petition: #47-89 N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, April 11, 1989 upon the application of Patricia & John Begley requesting a Special Permit from the requirements of Section 4, Paragraph 4.122(14) of the Zoning Bylaw so as to permit an addition of two (2) apartments on land adjoining present dwelling for a total of three (3) units on the premises located at 37 Waverly Road. The following members were present and voting: Alfred Frizelle, Acting Chairman, Augustine Nickerson, Clerk, Walter Soule, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on March 23 and March 30, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Rissin and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit for theadditionof two (2) apartments on land adjoining present dwelling. The Board finds that the petitioner has not satisfied the provisions of Seciton 10, Paragraph 10.3 of the Zoning Bylaws and the granting of this Special Permit would derogate from the intent and purposes of the Zoning ByLaw and would be a detriment to the neighborhood. Dated this 19th day of April, 1989. BOARD OF APPEALS Allred Fr z e e Acting Chairman /awt RECEIVED Any appeal shall be filed ;�;� �� DANIEL LONG F; Amp-?" .�. T(ANN CLERK � � within (20) s after the s•,. iaaa NORTH ANDOVER �f t ai, f�otice iciiu� � 36 i,j rhe Offs;.: of ttie_ Town Ok!rlL --`- _ TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Patricia & John Begley 37 Waverly Road Date . . . . . Apri1,19'. 1989_ . . . . . . N. Andover, MA 01845 Petition No.. 47-$4. . . . . . . . . . . . . . . Date of Hearing. .. .APKIA .111. 19.8.9 Petition of . . .PatxlcAa.6.John Bcgley. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . Premises affected . . . . .37.waverly.Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a MKM from the requirements of MK.SectiQn .4,. . . . . Paragraph. 4.122(14). of.the. Zoning B.yZaw. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . addition. of .two. (2).apartments .on. land .adjoining.present .dwelling for .a. total .of.three •(3)• uni.ts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . DENY v. . After a public hearing given on the above date, the Board of Appeals voted to . . . . . . ; the Special Permit X7 . . .as• requested. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ari�eli . Acting. aivaa. . . . Augustine. . ,rlicice rsan, .Clerk . . . . . . . . . . .Walter. Soule. . . . . . : . . . . . . . . . . . . . . . . . Anna.O'Connor. . ..... . . . . . . . . . . . . . . . . . Louis. Rissin. . . . . . . .. . . . . . . . . . . . . . . Board of Appeals r Any a REC[,tYk5 P��ul sgall be filed tfoaL00 within (20) days after the , TG*4 cL RK date of fiiing of this Notice of .�E NORT{,,qHo NORT't pp{{�(3YER tit 36 ° OA in the Office of the Towne t Clerk. x � " x 9SSACHNS�i TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Patricia Begley * Petition; #67-89 37 Waverly Road * DECISION N. Andover, MA 01845 The Board of Appeals held a public hearing on June 13, 1989, continued to August 8, 1989 upon the application of Patricia Begley requesting a Special Permit of Section 4, Paragraph 4.122(14) and/or as a Party Aggreived of the Zoning Bylaw so as to permit reversal of decision of "the Building Inspector and in the alternative Special Permit to convert existing dwelling to a duplex on the premises located at 37 Waverly Road. The following members were present and voting: Frank Serio, Jr., Chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 25, 1989 and June 1, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit as requested because the relief sought is inapplicable per the decision of Town Counsel in letter of August 4, 1989. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, un- animously, to DENY the Party Aggreived on the basis of letter from Town Counsel, dated August 4, 1989. Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms. Begley to obtain a Special Permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non-conforming single family dwelling to a two- family unit, per letter dated August 4, 1989. It was suggested to the petitioner by the Building Inspector that she return to the Board for a Special Permit under Section 9.2. Dated this 14th day of August, 1989. BOARD OF APPEALS Frank Serio, Jr. Chairman /awt ��.° � REGEIyEi? e �i` :;: o • DANIEL LONG Pny appPai S, aafter the �F�`APRIL?" m TOWN CLERK within 1201 �,c,Ys Notice i:, tags :r' NORTH jjD0VER cpfh iilin eth - O\qv% ' iciiu��`" date o� �`41 lin the O�iice TOWN OF NORTH ANDOVER 001. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Patricia Begley 37 Waverly Road Date . , . . . August. 14,,.1989. . . . . . North Andover, MA 01845 Petition No.. . . . . . . • 67-89. . . . . . . . Date of Hearing„August.8, 1989 , petition of . . . . . Pat;icip. Begley. . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . I . . . . . . Premises affected . . . .37.Wavexly.Road . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit and/or Special Permit Referring to the above petition for axmtUd=from the requirements of the Sect:tora.4,. . . . . . Paragraph 4.122(14) of the Zoning Bylaw so as to permit reversal. of .decision .of.the. Building .Inspector .and. im .the.altexnative Special. Permit.to. .c.onvert. existing. dxaelling. to .a.duplex.. . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . After a public hearing given on the above date, the Board of Appeals voted to . DENY. . the Special Permit & Party Aggreived AS REQUESTED on the basis of Town Counsel's interpretation of. the Bylaw . . ... . . . . . . . in a Metter ,to,the Board,dated August '4',­1'9'8' 9­.' Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms. Begley to obtain a special permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non-conforming single family dwelling to a two- family unit, in letter dated August 4, 1989. Petitioner was advised to return to the Board for a Special Permit under Section 9.2 ii ue she desires to pursue her request. Seg Fran Se io J` r. 21iiamax Raymond Vivenzio_ .. . . . . . . . . . . . . .Anna. Q'.Connox. . . . . . . . . . . . . . . . . . . . . . . . .Louis. Rissin. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals BECEIVEt3'(n DANIF L0 1 LAW OFFICES OF TOO Ct FR NORTH :iNoo R NORMAN M. SHACK pM .yy WILLIAM P. SHACK NORMAN P.SHACK �/ �G F V ONE BRANCH STREET TELEPHONE(508)668-0292WIL . POST OFFICE BOX 718 - FAX(508)685.4051 (ADMITTED nlnss.8 N.H.) METHUEN,MASSACHUSETTS 01844 August 31, 1989 Mr. Daniel Long, Town Clerk North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Application for Relief (Special Permit or Reversal of Building Inspector) as to Property Located at 37 Waverly Road, North Andover, MA NOTICE OF APPEAL Dear Sir or ."Madam: Please take note that the undersigned has appealed the decision of Board of Appeals iri the above referenced petition which was dated August 14, 1989. A complaint pursuant to the provisions of G. L. C. 40A, s. 17, a copy of which is attached hereto, has been filed with Land Court on this day. Kindly file this notice. Thank you. Patricia L. Begley John P. Begley By their Attorney Norman M. Shack NMS/mac enc. Kindly acknowledge receipt by time stamping copy hereof. J , T0 # ! �a I WOflT43 � K .. L I MO��� SF;C ++CQM : M a�ACHUSETTS '(11d �j,: TRIAL CbU �I' i ESSEXr SS I ( �� LAND COURT DEPARTMENT I C.A. No. /pfC. Patricia L. Begley ) i John P. Begley, Plaintiffs) ) V. ) COMPLAINT UNDER M.G.L. Ch. 40A, § 17 �I Frank Serio Jr. ) and for William J. Sullivan ) DECLARATORY JUDGMENT Augustine W. Nickerson ) UNDER Walter F. Soule ) M.G.L. Ch. 231A Anna P. O'Connor ) Raymond A. Vivenzio ) Louis Rissin ) and ) D. Robert Nicetta, Defendants) PARTIES 1 . Patricia L. Begley and John P. Begley are residents of North Andover, MA (herein referred to as "Plaintiff") . 2. Defendants Frank Serio Jr. , William Sullivan, Augustine W. Nickerson, Walter F. Soule, Anna P. O'Connor, Raymond A. Vivenzio, and Louis Rissin are residents of North Andover, l MA and collectively duly constitute the members (and associate members) of the Board of Appeals ,of the Town of IINorth Andover, MA (hereafter "Board" ) . 3 . Frank Serio Jr. , Raymond A. Vivenzio, Anna P. O'Connor and Louis Rissin were the specific members of said Board who actually made the decision hereinafter referred to in this complaint. I� 4. D. Robert Nicetta is a resident of North Andover, MA, Iand is the duly constituted Building Inspector of North ; Andover, MA (hereafter "Inspector" ) . BASIC FACTS, STATUTORY and BY-LAW PROVISIONS �i 5. Plaintiff owns a parcel of land located at 37 Waverly Road, North Andover, MA, more particularly described in deed I� to Plaintiff duly recorded with Essex North District iiRegistry of Deeds, Book 2096, Page 331 . Said parcel is hereinafter referred to as "locus", and a copy of said deed is annexed to this complaint and marked "Exhibit A". �I Ii jl I �I Ii 6 . The Town of North Andover has adopted, pursuant to M.G.L. 40A, a zoning by-law applicable to the properties within the said town and said by-law (hereafter the "By- ii Law" ) regulates and restricts the use of land and buildings I P within said town, and classifies portions of said town into districts under the By-Law. Ii k 7 . Pursuant to said By-Law, the locus is situated within a Residence 4 District (hereafter "R-4") . A copy of the I portion of the By-Law, being Section 4. 122, including the sections thereof noted in the Building Inspector's letter hereinafter referred to is attached hereto as "Exhibit B" ij (containing four pages) . Two family dwellings are a �i permitted use in an R-4 under Section 4.122 (14) of the By- j Law. I! , 8. M.G.L. Ch. 40A, § 6 restricts the applicability of a I zoning by-law to properties under certain circumstances. A II copy pertinent ertinent provisions of said statutory section is annexed hereto as "Exhibit C". The time constraints for action by Board with respect f to appeals from refusal of building inspector to issue permit are established in By-Law as Section 10.4. A copy of said provision is annexed hereto as "Exhibit B-211. 9. The procedures for obtaining relief from a refusal or denial of a building inspector with respect to an application for permit filed with said building inspector and/or for obtaining a special permit under a zoning by-law are governed by the provisions of M.G.L. Ch. 40A, including, but not limited to, sections 6, 81 9 and 15 thereof. PROCEDURES TAKEN 10. On or before May 16, 1989, Plaintiff applied to i� Inspector for a building permit to construct or renovate the existing single family improvement on locus to a duplex or two family improvement. Inspector refused to issue such permit and referred Plaintiff to Board, advising a special permit by Board was required under Section 4. 122 (14) (a) and (18) for the issuance of the permit requested. A copy of the Inspector's letter so advising is annexed hereto as "Exhibit D". it 11 . On May 19, 1989, Plaintiff filed a written application with Board, pursuant to M.G.L. Ch. 40A, §§ 61 8, 9, 15 and IIother applicable sections, and pursuant to Section 4. 122 and such other applicable provisions of By-Law, requesting j overruling or reversal of Inspector' s refusal to issue permit and/or for Special Permit allowing conversion of existing single family dwelling to a two family dwelling. �I l i+I �I Said application contained further reference to Section 7.8 �i ( 1 ) of the By-Law (a copy of which is annexed hereto as "Exhibit E") 12. Board held a public hearing on June 13, 1989 and continued to August 8, 1989 on Plaintiff's application, said hearing having been duly advertised with proper notice to interested parties. 13. Evidence was introduced at said hearing tending to show I` that a permit for a two family dwelling had been requested, that the proposed improvement would comply in all ways with �) By-Law with respect to setbacks, offsets and off-street parking facilities; that the lot was established by plan dated June, 1874; that there had been no common ownership of locus and abutting properties during any relevant or material time period; and locus conformed to zoning requirements when built and had at least 5000 square feet of j area and 50 feet of frontage; that general area had several two family (or larger) dwellings; that locus was appropriate f location for dwelling purposes; that no nuisance or hazard would be created by proposed improvement; that locus was served by public sewer and water and other utilities. 14. On August 14, 1989, the Board voted to deny Plaintiff's application for relief, either in nature of an overruling or reversal of Inspector's refusal to grant a building permit for a two family dwelling, or granting of a special permit ij for construction of a two family dwelling on locus pursuant I! to Section 4.122 of By-Law or under other sections of By-Law 1 authorizing same. The action (vote) by Board on August 14, 1989 on a I� petition filed on May 19, 1989 established that Board had failed to act (with respect to appeal from or request of I reversal of Inspector's refusal to issue building permit) II within seventy-five (75) days of filing date. i' Ij 15. On August 14, 1989, the Board's decision was filed with i; Town Clerk of North Andover, MA, and a certified copy of II such decision is annexed hereto as "Exhibit F". Ij 16. Plaintiff is a person aggrieved within meaning of j� M.G.L. Ch. 40A, § 17 by Board' s said decision, same having i' exceeded the authority of said Board. 17. Plaintiff is a person entitled under M.G.L. Ch. 231A to I declaratory relief declaring the non-applicability of �i dimensional requirements of present By-Law to locus by virtue of M.G.L. Ch. 40A, § 6, thus obviating any necessity � to come before Board requesting relief under provisions of By-Law, ;I i j� WHEREFORE, Plaintiff respectfully requests that this Court: a j 1 . Hear all pertinent evidence and determine the facts. Iii 2. Determine and adjudge that Board ' s decision to deny a it grant of relief to Plaintiff was error as a matter of law and fact and Board thereby exceeded its authority. !� 3. Determine and adjudge that Board' s failure to act within time limits specified by By-Law with respect to appeal from refusal of Inspector to issue building permit to j Plaintiff constituted a grant of such reversal and order that Inspector is required (subject to any building code or other development requirements, apart from zoning, as may pertain) to Plaintiff for a proposed two family dwelling on locus. 4. Annul decision of Board. I5. Declare the By-Law is not applicable to locus and that I Inspector is required to issue building permit (subject to any building code or other development requirements, apart from zoning, as may pertain) to Plaintiff for a proposed two . family dwelling on locus. 6. Grant such other and further relief as justice and rights of parties may require. Iil Patricia L. Begley, John P. Begley, by their attorney, ii ,i I� Norman M. Shack li One Branch Street j Methuen, MA 01844 (508) 688-0292 SBO #452600 r August 31 1989 i 9 li j� I( i , i i I .i Exhibit A ` • B92096 sersard lebortsos, of Wilaiagtae, M(ddlsoes County, Massaciseetts. . EXEC(r=wdet the V ILL Nar] A. Nt:Ge (Lata of North Andover, Maaaachuoetta) - po.er omfernd by beer" allswiag Petition for Sala of Neal gotato 4. 1 (Leges Rebate Docket 183}0971-t1) -• ' eaA every saber peer. for ($36,500.00) Eighty Six Thousand Fire Rundred and ft/100— p"grao a o/100----p"graoa • Jobs P. Bagley sed Patricia L. seglay, Hual.sad f Vife as Joint Tessets. ' ? vith rights of survivorship, of 37 Waverly Road, North Andover. Mass. ' The land to said Worth Andover, .together with the fauildAga. - ! thereon, being shown a lot numbered one..fl) on s plan of land owned by Mrs. Z. S. Sargent in North Andover. Mass.. Coolidge and Baldwin. % Engineers. June 1674, said plan being -IMesa., with north Eases Deeds took 43, Page-600. The granted premises being71OONGLD and described as follows aeeording to said plant ' 'r' u SORTuWTZRLTt by Short Street seventy arid'27/100ths t (70.23) faeti _. < NC&TBZRLTs by Sargent Street forty two and 9/10ths ' y 4 142.9) leets 'r WESTZRLTr by lot numbered two (2) on said plan i ninety two and 97/100thso(92.97) fthirty :. . o SpOY!ltRLTt by land now or formerly _ ',s o mine and 4S/100ths (39.351 fasts and . _ SOurSt1STZRLyt by Railroad Street seventy and 69/100ths f (70.69) feet. a. containing 6131 square feet acording to said plan. c t a ;p McGee by Minsii Being the same premise, cooveyed to Philip J: tf r Greenwood by deed dated April 30, 1925 and recorded In Book 510 Page 371. The said Philip J. McGee died on November 13, 1946 late of o North Andover, MA. Mary A. McGee vain his sole .beneficiary under hls • k bast Will and Testament. See Bases Prebste Docket 4319119a ;. > �rnr Mtn..rtrr A•-ed Fiche S-mpa i : x n turn of r.'. iC+srd end nr•.ah«r nn t:\)r .. - (set•.\—.-.t s.-,.. •a �.- •. .5: . ...... : . � - r December • c �lsaa-ass sod sed awl a a .� ... 's• ! S .. . ' ESTATE Or K*M A. WGG1Z ' •• _ I! 26 � R �Y. g==SWwa4 id` - s - ; Time p®dly appsred the abaft.sand Bernard tobertsee . ss Esaeecor sad sdoowl.ldad&a faryomg 6arnme•.V be b" ••__an weI�•+wise —•••• I..•_.+ PM- •T_ i' L _. �+ .(. •ro±. .. _ •._— ti ' r: �.. sn5drse +- - .."�1 •rim ray 1p .�...-a►.�.-. _. t.. Reeotded a Bf13i} 5 ss 3-0-UM4 129W ,j Exhibit B. P. C) The Special Permit shall be recorded at the North Essex Registry of Deeds . (18) Accessory buildings no larger than sixty-four (64 ) square feet shall have a minimum five ( 5 foot setback from side and re ) rear lot lines and shall be located no nearer the street than the building line of the dwelling. ( 19 ) Day Care Center by Special Permit ( 1985/23 ) ( 20) Independent Elderly Housing by Special by Special Permit in Res . District 3 only, 4 . 122 Residence 4 District ( 1 ) One residential building per lot. ( 2 ) Place of worship. (3 ) Renting rooms for dwellin or furni- shing table board to not morerthansfour 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 f` name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further Provided that no dwelling shall be erected or ' altered primarily for such use. f � (4 ) For the use of a dwelling in 1 tial district or multi-family districtrfor�anhome occupation, the following conditions shall apply: r a) Not more than a total of three (3 ) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on strictly within the principal building; . c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, 18 ? Exhibit B. p. 2 commodities or products which occupy space beyond these limits ; e) There will be no display of goods or wares 71 visible from the street; f ) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emis- sion of odor, gas , smoke, dust, noise, dis- turbance, or in any other way become ob- jectionable or detrimental to any residen- tial use within the neighborhood; g) Any such building shall include no feature of design not customary in buildings for residential use. (5 ) Real estate signs not to exceed twenty-four (24) f inches by thirty-six ( 36 ) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. (6) a ) Farming of field crops and row crops, truck gardens, orchards , plant nurseries , and greenhouses . b) On any lot of at least three (3 ) acres, the ` keeping of a total of not more than three ( 3) of any kind or assortment of animals or birds in addition to the household `pets of a family living on such lot, and for each additional acre of lot size to nine ( 9 ) acres, •the keeping of one additional animal .' or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud I� farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (7 ) Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4 ) feet in height to be determined by the Building Inspector to prevent Exhibit B. p. 3 the entrance of persons other than those re- siding at the pool location. Pools shall have minimum ten ( 10 ) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (8) Museums . (9 ) a) Public and Private non-profit educational facilities . (1986/17 ) b) Private for profit educational facilities by Special Permit. (1986/17 ) (10 ) Municipal building or use, and public service corporation use (Special Permit required). j ( 1986/18) (11 ) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. ' (13) Cemetery. (�(14) One or two-family dwellings, including the right to convert any existing dwelling to accommodate not more than five family units by Special Perm t from the Zoning Board of Appeals after a puTlic hearing with due notice given, pro- vided: a) No major exterior structural changes shall • be made which alter the character of the existing neighborhood. The right to convert shall apply to any dwelling under the ownership of one single person, partnership or corporation to be converted for use as a dwelling of not more than five ' family units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building Codes, = Zoning Laws, and Zoning Bylaws. :- b) Stairways leading to the second or any higher floor shall be enclosed. (1987/24 ) _ (15) Municipal recreational areas . (16) Guest or rooming houses. -" (17) Nursing and convalescent homes - see dimen- "' 20 r Exhibit 8. p. 4 ----- sional requirements of Table 2 (Special Permit Required) : (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. (19 ) Accessory buildings no larger than sixty-four ( 64 ) square feet shall have a minimum five ( 5 ) foot setback from side and rear lot lines and shall be located no nearer the street than the '! building line of the dwelling. i (20) Day Care Center by Special Permit (1985/23 ) j (21) Congregate Housing for Elders - Special Permit a) In the R-4 zone the Planning Board may grant a special permit for congregate housing consistent with special permit criteria and procedures set forth in Section 10 .3 of this bylaw. b) The maximum allowable FAR for congregate housing '# shall be 0.30 in the R-4 District ( 7 units) . c) In no instance shall any new or pre-existing building used for congregate elderly housing have more than 14 dwelling units. d) All dimensional criteria established in Section 7, Table 2 Summary of Dimensional Regulations shall apply to all structures used for congregate housing purposes . 4 . 123 Village Residential District (1987/11) (1) Single family residential structures. { (2) Two family residential structures. (3) Multi-family residential structures, not exceeding 5 dwelling units per structure. (4 ) Place of worship. A (5) Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to 21 IiiiIIIIER"o )f Exhibit c. P. 1 III 40A § 5 CITIES, TOWNS AND DISTRICTS Note 71 Powers granted zoning board of ap- ordinances. Bearce v. Zoning Bd. of Peals by former C. 40A did not include Appeals of Brockton (1966) 219 N.E.2d Power to nullify acts of local legislative 15, 351 Mass. 316. body In adopting and amending zoning § 6. Existing structures, uses, or permits; certain subdivision Plans; application of chapter Except as hereinafter provided, a. zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publi- cation of notice of the public.-hearing on such ordinance or by-law required by section five, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or - structural change of such structure and to'any alteration of a struc- ture begun after the first notice of said public hearing to provide for Its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater ex- tent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not in- crease the nonconforming nature of said structure. Pre-existing non- conforming 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 detri- mental than the existing nonconforming use to the neighborhood. This section shall not apply to billboards, signs and other advertising devices subject to the provisions of sections twenty-nine through thirty-three, inclusive, of chapter ninety-three, and to chapter ninety- three D. fA zoning ordinance or by-law shall provide that construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and in cases involving con- struction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. . A zoning ordinance or by-law may define and regulate noncon- forming uses and structures abandoned or not used for a period of I two years or more. Any increase in area, frontage, width, yard, or depth require- ments of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing re- quirements and had less than the proposed requirement but at least 110 I Exhibit C. p. 2 i E ZONING 40A § 6 s five thousand square feet of area and fifty feet of frontage. Any in- crease in area, fronta a width frontage, , yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date or for five years after January first, nineteen hundred and seventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot.was recorded or en- dorsed and such lot was held in common ownership with any ad- joining land and conformed to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and had less area, Y= • frontage, width, yard or depth requirements than the newly effective zoning requirements but contained. at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year period does not commence prior to Janu- ary first, nineteen hundred and seventy-six, and provided further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. The provisions of this paragraph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not pro- ' hibited by the zoning ordinances or by-laws in effeee in a city or town. If initive plan, or a preliminary pl ollowed within seven 1 months by a finitive plan, is submitted.t a planning board for ap- proval under the bdivision control�aw, and written notice of such submission has been n to thee ity or town clerk before the effec- u� i five date of ordinance or -1 tib, the land shown on such plan shall !�l{ be governed by the app a visions of the zoning ordinance or by-law/he effect the time he first such submission while 1 such pns a being processed undgr the subdivision control law, ah efinitive plan or an amendment thereof is finally approva years from the date of the ende�ment of such approvIn the case where such plan was sub d or sub- wittedroved before January first, nineteen hund and seventseven years from the date of the endorsement of such approv Wh a plan referred to section eighty-one P of ch pter forty- e has been bmltted to a pla ng board and writ notice o uch f submission as been give o the-city or town a k, the us of the land shown o such p shall be go reed appllrable rovisions /JLJ of the zoning o in ce or by-law in eff t the time o the submis- sion of such pl hile such plan isb rocessed n the sub- division contpol law . eluding the ti e req to ursue await the determination of appeal r rred to in i section, an •for a perlod,of three years fro the ate of endo rsem nt by the planning board that approval under subdivision control law is not re- quired,or words of similar import. Disapproval of a plan shall not serve to terminate any rights which shall have accrued under the provisions of this section, pro- vided an appeal from the decision disapproving said plan is made 111 Exhibit B-2, P. 1 index under the name of the record owner, and noted on the owner's Certificate of Title.- c) itle;c) If the Special Permit involves registered property, the decision, at the owner's expense, shall also be filed with the Recorder of the Land Court. 7 . The Special Permit Granting Authority shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, in- dicating such fact, and setting forth clearly the reason or reasons for its decision of its official actions, copies of all which shall be filed within fourteen ( 14 ) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner or applicant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant as to Section 17 of Chapter 40-A and shall be filed within twenty (20) days after the date of filing ; of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner and identification of the land and/or structures affected (if a variance complies with the statutory requirements for issuing variance) . Certified copies of the decision shall. be filed with the appropriate , Special Permit Granting Authority and the Town Clerk. 10.32 Temporary Permit ' The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of not more than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions , imposed by the Board related to safeguarding the character 'of the district affected and shall be ! processed in accordance with the procedures provided herein for the granting of Special Permits. ` 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning By Law where the Board finds that owing to circum- ' 108 x • t .d Exhibit B-2. p. 2 stances relating to soil conditions , slope, or topography of the land or structures and especially -joO' affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this By Law will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substan- tially derogating from the intent or purpose of this By Law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action form the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abuting city or town, aggrieved by any order or decision of the Building Inspector or other administrative officials in violation of any provisions of this By Law. Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. 1. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. 2. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy-five (75 ) days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appeal, four (4 ) of the five (5) members of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed granted. 109 Exhibit D. .OFFICE=S OF: �,�+�- :�y Town of 120 Main Street �w BUILDING : tMNorth Andover, CONSERVATION ., • : NORTH ANDOVER Massachuscns 01845 HEALTH DIVISION OF (508) 682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRE'CT'OR May 16, 1989 John J. Willis, Jr. , Esq. 160 Pleasant Street North Andover, MA Re: Begley Property, 37 Waverly Road Dear Mr. Willis; In light of what has been represented to me on the above-stated property, it is my determination that the proposal constitutes a structural change. It is my advice at this time, that the Begley's return to the Board of Appeals under Sec. 4.122 (14)(a) and (18) . . Yours truly, J. D. Robert Nicetta, Building. Inspector DRN:gb cc: Dir. , DPCD 1 ?P�e�ved LY Clerk: Exhibit E. P. i , •° Town y! REC@;Y:l Date:__ TOWN OF NORTH ANDOVER, MASSACHUSQ;7 T'-L?:!G :•; BOARD OF APPEALS TO Y.iCij-Hv Time: ' Notice: This application must beMkolw9l e"11. ,89 APPLICATION FOR RELIEF FROM THE REQUIREI4ENTS OF THE ZONING ORDINANCE Applicant Patricia Begley Address_ 1q Annis Street I. Application is hereby made North Andover, MA (a) Fxamamcxwxricaa aBXRxamxkka XxsgxiXameA2xxa:fX94xfRnAxxxxxxX3:sx:1x3xy}+i�xXXX%XX aaxGxRadxkacxxxxxx=ltxkkaxitmaicxgxulcxtxwx. •(b) For a Special Permit under Section 4,122 Paragraph 14 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) Premises affected are land and building(s) .numbered 37 Waverer Road Street. (b) Premises affected are property with frontage on the North ( ) `• Soutn ( ) East ( ] West ( ) side of Street, and known as Ho. Street. (c) Premises affected are in Zoning-District R4 and the premises affected have an area of 6,431 square feet and frontage of 182 squ axa feet. 3. Ownership (a) ,lame and address of owner (if joint ownership, give all names): Jack & patricia Begley Date of purchase 12/13/85 Previous. Owner_ Mary A. McGee (b) If applicant is not owner, check his interest in the prLmises : Prospective Purchaser Lesee Other (explain) addition to 4. Size of proposed building: _18 ft._front; 31 feet deep; Height: 2 1/2_ stories; less thanfeet. --'35 (a) Approximate date of erection: Summer 1989 b Occupancy or use of each floor: Residential (c) Type of construction: Wood frame 5. Size• of existing building: 18.4 feet front, 40.7 feet deep; Neight: 2 1/2 stories ; 777-f iFe t. I (a) Approximate date of erection: 1874 (b) Occupancy or use of each floor: Residential r; l r.. ! (c) 7YPe of coristiuctfoo; Wooer frame M1t, 6. Has there been a previous appeal , under zoning, on these'premises? Yes •.•.j..`:.'.` ' If so, when? March 20, 1989 7. Description of relief sought on this petition Reversal of decision of the Building Inspector and in the Alternative Special Permit to convert <' existing dwellinq to a duplex y 8. Deed recorded in the Registry of Deeds in book 2096 Paoe 331 or Land Court Certificate No. Book Page. Exhibit E. p. 2 t The principal points upon which .I base my application are as follows : ' (Must be stated •in detail ) See attached.Schedule A ba o pay for advertising in newspaper and incidental expenses* y !llCUU .• ' Petitioner 's Signature John J. Willis, Jr, kttocr1y for Petitioner 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 communication 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 qr 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 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 shall be respon- sible for any and all costs involved in bringing the petition before the Board . Such costs shall include mailing anO publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address Exhibit E. p. 3 pARUTE-S IN INPElZ'f`—BE�GGIEY Name Address Tunas M. & Donna M. Brennan 14 Sargent Street, No. Andover, MA Irene G. & Walter J. Pawlick 18 Sargent Street, No. Andover, MP._ Prank H. & Elizabeth Wright 45 Waverly Road, No. Andover, MA Eva M. .Emerick 53 Waverly Road, No. Andover, MA Gilbert W. & Josey� Cardoza it Sargent Street, No. Andover, MA. John & Carolyn M. Melvidas, Jr. 15 Sargent Street, No. Andover, MA Ena Todd Bixby & William A. .Todd 29 Waverly Read, No. Andover, MA Bernard D. zelitch & Caroline Cole 26 Waverly Road, No. Andover, MA - Christjns E. Hoskgng 247 Main Street, No. Anrlwer, MA � i • � Exhibit E. D. 4 SCHEU f F. "An BWIEY APPEAL APPLICATION 1. The applicant can demonstrate that the lot involved in the application was lawfully laid out, and duly recorded by plan or deed prior to January 9, 1957• The applicant can further show that the lot in question is not adloined by any other land of the applicant which would be available for combination with the lot. The lot therefore meets the exception provisions under the North Andover ZOning By-Taw, tinder Section 7.8, Paragraph 1. Under such exception provision, the lot may be built upon so long as it has a muumm, area of Five Thousand (5,000) square feet, and frontage of Fifty (50) feet, and side yards are maintained at a distance of twelve (12) feet. A duplex is an allowed use in an R 4 district. The construction proposed by the applicant will occur within the setback requirements of the exception Provisions of the By-Law, and will cxmply with the definition of a two (2) family dwelling under the Zoning By-Law section 2.34. The applicant therefore believes that the Building Inspector's determination that the construction PrOPoSedr requires a Special Permit under Section 4.122, Paragraph 14A and 18, is incorrect. 2. If the Board of Appeals believes the Building Inspector to be correct in his determination the applicant believes that she can show compliance with the necessary provisions for the approval of the Special Permit under section 10.31 as follows: a. The lot is located in an R 4 district and is in an area where there are many two (2) family dwellings as well as single family dwellings and therefore the site is an appropriate one for the erection of a structure to acconodate a two (2) family dwelling. b. The additional wnstruction will be done in a workman like manner and will blend with the other housing in the area, off street parking will be provided, and therefore the uses developed will not adversly effect the neighborhood. c. The uses developed will not create any nuisance or serious hazard to any vehicles or pedestrians. d. The site is serviced by water, sewer, and other public utilities, and therefore adequate facilities will be provided for the proper use of the Party as a two (2) family dwelling. e. The applicant believes that the use of a lawful lot in an R 4 district for a two (2) family dwelling is in harmony, and the general purpose Of the Zoning BY-Law as it is specifically an approved use for that Zoning District. Any aPp=al shall be Wed Exhibit y Exhibit F. p° 1 OANIFL LO,IG within (20) days after the Nae•„ , TOW4 CLy RK °f date of fiiing of this Notice NORTiI r`+Lu�ER in the Office of the Town _ p Clerk. y . ,���)� AUG 41 •O'•n.•r"`49 y�Ss�CHuSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Patricia Begley * Petition: #67-89 37 Waverly Road N. Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on June 13, 1989, continued to August 8, 1989 upon the application of Patricia Begley requesting a Special Permit of Section 4, Paragraph 4.122(14) and/or as a Party.Aggreived of the Zoning B�44w so as to permit reversal of decision of the Building Inspector and in the alternative Special Permit to convert existing dwelling to a duplex on the premises located at 37 Waverly Road. The following members were present and voting: Frank Serio, Jr., Chairman, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on May 25, 1989 and June 1, 1989 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to DENY the Special Permit as requested because the relief sought is inapplicable per the decision of Town Counsel in letter of August 4, 1989. Upon a motion made by Mr. Vivenzio and seconded by Mr. Rissin, the Board voted, un- animously, to DENY the Party Aggreived on the basis of letter from Town Counsel, dated August 4, 1989. Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms.. Begley to obtain a Special Permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non-conforming single family dwelling to a two- family unit, per letter dated August 4, 1989. It was suggested to the petitioner by the Building Inspector that she return to the Board for a Special Permit under Section 9.2. Dated this 14th day of August, 1989. BOARD OF APPEALS ATTEST Frank Serio, Jr. A True/e c6pp Chairman Town Clak Exhibit F. p. 2 ' c},,.••••.,�ti RECEIVED ` I b` {1.ed :3:�`0a«e''�: DANIEL L��K appeal S_. the .o. : . TOWN L.L_. Any apQ.,o} �,rYS a'1`totice t. (ass NORTH a�UOVER 2 da e of ~ 01 o'sTo2 Wn cr.••.���' AUG C� �� 41 { { , u ,, 0111ce In the TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Patricia Begley Date August 14, 1989 37 Waverly Road • •• •• • North Andover, MA 01845 Petition No.. .. . . . 67-89. . . .. .. . Date of Hearing. .August.8,. 1989 , Petition of . . ...R9kt3'taA. Bggle-y... . . .. ......... . . . . . . . . . . . . . . . . . :. . . . . . . . .. ... . . .. . . .. . Premises affected . . . .37.WAverly.Road . . . . .. .. . . .. . . . . .. . . . . .. . . ... . . ... . . . . . ....... . . .. .. . Special Permit and/or Special Permit Referring to the above petition for anwdoemfrom the requirements of the Sartiou.4,.. .. . . Paragraph 4.122(14) of the Zoning Bylaw so as to permit reversal. mf .decision%of..the BuildingInspectnr- .and. in. .the:alternative Special. Parmit.to. convert. existing. duelling. to -a.duplex. . ... . . . . . . . .. . . . . ...... . ... . . .. .. . After a public hearing given on the above date, the Board of Appeals voted to . .DENY. . :. . the' Special Permit & Party Aggreived . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . AS REQUESTED on the basis ofTown Counsel's intermetation of the Bylaw in 'a *Ietier •to •tfie• Bos.id dated August .w 1989. . •••• Mr. Vivenzio requested advice from the Town Counsel and was advised that the ZBA may require Ms. Begley to obtain a special permit pursuant to Section 9.2 of the Zoning Bylaw if she wishes to convert her non-conforming single family dwelling to a two- family unit, in letter dated August 4, 1989. Petitioner was advised to return to the Board for a Special Permit under Section 9.2 if she desires,to pursue her request. me . . . . . . . . . . Raymond Viveniia. . . .Auna. .W.Connor. . . . . . . . . . . . .. .. .. .. . Louis. Rissin. . . . . . . . . . .. .. .. .. . . . B�of Appy .