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HomeMy WebLinkAboutBOWER, THOMAS i f OANIEL x`110 I; 'TOWN NORTH ANDD ER An 57 COMMONWEALTH OF MASSACHUSETTS Essex,ss, Superior Court Civil Action No. j PAUL S. CONNORS AND } j j MAUREEN A. CONNORS, I. Plaintiffs ) f II } COMPLAINT vs. ) I � ) W. THOMAS BOWER, ) I LOUISE A. BOWER } ! AND ) FRANK SERIO, JR,, ) ALFRED E. FRIZELLE, ) WILLIAM J. SULLIVAN. ) tI AUGUSTINE E. j NICKERSON, ) WALTER F. SOULE, ) RAYMOND A. ) VIVENZIO AND ) JOHN SIMONS, AS THEY) ARE ALL MEMBERS OF ) THE BOARD OF APPEALS) OF THE TOWN OF NORTH) ANDOVER, ) Defendants i 1 . The Plaintiffs are Paul S. Connors and Maureen A. Connors, individuals who reside at and own property located at 18 Autran Avenue, North Andover, Essex County, Massachusetts, and are persons aggrieved within the meaning of M.G.L.Chapter 40A, section 17, by the decision of the Board of Appeals of the Town of North Andover in the granting of a variance to Defendants W. Thomas Bower and Louise A. Bower. 2. The Defendants W. Thomas Bower and Louise A. Bower are individuals who reside at and own property located at 591 Massachusetts Avenue, North Andover, Essex County, Massachusetts. i j i i ii i� The other Defendants are the duly constituted and regular members of the Board of 'Appeals of the Town of North Andover, and all reside in the Town of North Andover as follows : FRANK SERIO, JR 250 Hillside Road North Andover, Mass. 01845 ALFRED E. FRIZELLE 131 Appleton Street North Andover, Mass. 01845 �i WILLIAM J. SULLIVAN 405 Salem Street North Andover, Mass: 01845 AUGUSTINE E. NICKERSON 100 ,Moody Street if North Andover, Mass. 01845 i I ' WALTER F. SOULE 70 Raleigh Tavern Lane North Andover, Mass. 01845 RAYMOND A. VIVENZIO 11 Appledore Lane North Andover, Mass. 01845 I 1 ; r JOHN SIMONS 74 Rock Road North Andover, Mass. 01845 4 . The Defendants W. Thomas Bower and Louise A. Bower filed a Petition for Variance concerning a lot of land owned by them located on Autran Avenue, North Andover, Essex County, Massachusetts , which lot contains 5 , 000 square feet, seeking relief as to lot area, street frontage and side yard set back requirements. 5. The zoning by-law for said Autran Avenue is R-4 , requiring 12, 500 square feet lot area, 100 foot street frontage and 15 foot side yard set back for construction of a single family dwelling . 6 . The Defendants W. Thomas Bower and Louise A. Bower also ; own a lot containing 6390 square feet adjoining the lot for which they sought a variance, which adjoining lot merged . with the lot at issue in the Petition for Variance by virtue of a deed duly recorded in the. North Essex County Registry of Deeds at Book 1350, Page 39 . i7. The 6390 square foot lot does not comply with current . zoning requirements, and the Defendants W. Thomas Bower and Louise A. Bower need a variance to allow a reduction in area of a prior non-conforming lot, and to permit the continued itexistence of both lots neither of which meet minimum ;; dimensional requirements, which relief has not been requested nor granted. i i 8. On August 15, 1985, the Defendant members of the Board of Appeals granted the variance requested by the Defendants . W. Thomas Bower and Louise A. Bower, certified copies of the ji Decision and Notice of Decision being attached hereto and il marked exhibits 1 and 2. fi 9. The members of the Board of Appeals exceeded their authority in granting said variance, in that: LI ; l a) The Board did not specifically find that owing to it circumstances relating to the soil conditions, shape, or topography of such land or structures and especially + , affecting such land or structures and but not affecting i generally the zoning district in which it is located, a II 1 literal enforcement of the provisionsofthe ordinance or 1! by-law would involve substantial hardship, financial or 'I otherwise, to the petitioner. 'I b) The Board did not specifically find that desirable , relief may be granted without substantial detriment to the public good. C) The Board did not specifically find that , ' desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. d) The Board otherwise failed to comply with statutory authority in granting said variance. 10. The Defendant Members of the Board of Appeals further exceeded their authority in that there are no special ; circumstances affecting this lot which do not generally affect the zoning district in which it is located. The granting of the variance creates a substantial detriment to the public good, has an adverse affect on the land of the Plaintiffs and derogates from the intent and purpose of the by-law. i I WHEREFORE the Plaintiffs aintiffs seek: A) That the decision of the Board of Appeals in granting said variance be annulled. B) For such other relief as this Honorable Court may deem equitable and just under the circumstances. PAUL S. CONNORS AND MAUREEN A. CONNORS, Plaintiffs By their Attorney !i Timothy P. Hatch, Esquire 11 Chestnut Street j Andover, Massachusetts 01810 Tel. No. 475-6881 I i L i ' I w - EXHIBIT 01 - - f�Ef�:cr shall tie #ilea DAtrIE�. l.n�;r. ) MOII)M , '�n`� ahncal atter f the Toti'l1 r:. : .,K o ,° in 1201 � BOWER Page 2 as lot B. Motion seconded by Mr. Vivenzio. Vote unanimous . Sincerely, BOARD OF APPEALS Frank Serio, J . , Chairman aw t RECElYEO y o;"•° ".a�. Any appeal slia'f be filed OWE! LORG T30 CLF RK .(o.•r w �,. within (20! clays af`er the A"10" To;.e ,. date of !i; ng, o•:" `.i1!s '\'ot'Ce In NOR?!' t,nQOY�R 'v tars the Office of. the w R `W e . AUG i ', 46 ani 9s '•••,,.•,• Clerk.. TOWN OF NORTH[ ANDOVER ?V.0S1.CEUSEZTS EXHIBIT #2 BOARD ?F APPEALS NOTICE OF DECISION Date . . Augus.t .15., .1985. . . . . . Petition No.. . . 5.0 r.8.5 . . . . . . . . . Date of Hearing. August .12., . 3-9 8 5 Petition of . :W... .Thoma-s • Bowes/Louise. •A: Bower. . . . . . . . . . . . . . . . . . . . Premises affected . . .Autran• ,Avenue . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the ',2gning Bylaw Section 7 , Paragraph .7..1,. .7. 2 ,. 7. 3 and Table . ?. so as to permit . .construction . of . 3.0 ' x20.1., . ttwo. story. .res.ide.ntial. .dwe.11i.ng After a public hearing given on the above date, the Board of Appeals voted to . .Grant . . . the variance witli following conditions . Demolish • e:•:isting . garage .on and hereby authorize the Building Inspector to issue a Bower lot before Building Permit issue,--. for lot in question., limit we: permit to side setback--to- -15 -ft. ; rear toy ft: ; .only• single. dweti ling a! low ed rant lot size 5000 ft. east 10 f , revise- plans to show for the construction of the above work, 'lased upon the 010- Iig con1tions: Old lot as A and new lot as B. Signed rran?: Serio, Jr . , Chairman William J. Sullivan Alfred E . Fri zelIe , Esq . , Vice �A . . .A.ugus,tine . W.. . Ni_gk.erson , Clerk c' Raymond. -A.. .Vivenzio . . . Board of Appeals Town ZeSk REGE�YE� DANIEL LONG TOWN CLERK WALTER C.TOMLINSON (1929-1961) - THAND AILINSON & HATCH CHARLES G. HATCH Y§ TTORNEYS AT LAW TIMOTHY P. HATCH II CHESTNUT STREET TELEPNONE 617-475-6881 ANDOVER, MASSACHUSETTS 01810 Mr. Daniel Long August 30, 1985 Town Clerk Town Hall 120 Main Street North Andover, Mass. 01845 Re: Paul S. Connors et ux vs. W. Thomas Bower et alii Essex Superior Court Civil Action No. 85-2151 Dear Mr. Long: I enclose a copy of the complaint filed in the above entitled action, which action was filed in the Superior Court on August 29, 1985. This Notice of the action with a copy of the complaint is being given to you pursuant to Mass. General Laws, Chapter 40A, Section 17. Very truly your, T0MLINS0N--&--H*TC,H, ATT O E AT LAW BY ,..►^� T CH, ESQUIRE Received by Town Clerk: .#�Gf�fEt2 0. EL LG*9 * 1 YN AMMAR TOWN OF NORTH ANDOVER, MASSACHUdke 3 loft BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE SONING;;DRDINANCE • Thomas'Bower APPl�oa $-lLLQuA:w'Bnwer n--` 1. Application is hereby-made Iff a) For a variance from the requirements of Section 7 paragraph " and Table ,2of the Zoning By Laws . ' ' b) For a Special Permit under Section Paragraph J 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 `X and building(s ) numbered Astran Avanilp (rl( XX b) Premises affected are property with frontage on the North ( ) South (X) East ( ) West ( ) side of Autran Avenue Street , and known as No. Street. c ) Premises affected are in5Zon ng ; cfeet and frontage the premises affected have an area of square 50 feet 3. ownership a) Name and address of owner (if joint ownership, give all names): W. Thomas Bower and Louise A. Sower ` .. John F. Toomey Date of Purchase July 28, 1977 Previous Owner - b) If applicant is not owner, check his/her int,•erest in the premises: Prospective Purchaser Lesee Other (explain) 4. Size of proposed building: 3n, front;---281—feet deep; Height Two stories; feet. ` a) Approximate date of erection: Withinyear I b) occupancy or use of each floor: unknnwn C) Type of construction: Wood . ernEfeet:�eep: "Ji- 5. `Size'Vf existing' building: (feet gror►t, -Height stories- feet.''4 s;�nsst3 bhp pr;- a) P a) Approximate date of erection: b) Occupancy or use of each floor: . c) 'Type of constructione 6. Has there been a previous asppeal. under zoning, .*n f t►eae remises? Flo. If .so, •when? . ,. 1 7 . Description of relief sought on this petition Variance as to Lot Area, Street Frontage, and:lide Yard Setback. s- - u. 8. Deed recorded in the `.Registry of Deeds in Book 1350 Page 39 Land Court Certificate No. Book Page The principal points upon which I base my applicatiin are as ,follows a,., , (must be stated in detail) 3 • tbji i .. _ _.. D r - - `Jam. i'_ A ". plan, Hardship to`prpsent owner_ it z Ivagree`to pay-the be; er rising ,in newspaper, and incidental expenses* w, .> - TrC� r^ Signature of Petitioner(s ) Every application for action lby.tbe _Board 'shall be made on a form approved by the Board. These forms sfiall -be fqrnished by the Clerk upon 'request. Any communication purportingito,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. pp ' rAW•-information -called for by the form shall be furnished by the applicant_in..the manner therein prescribed. Every application shall he submitted with' a list of "Parties In Interest" which list shall include the petitioner, abutters , 3wners of land directly 1 opposite on any public or private street• or way, '.nd abutters to the abutters within three hundred feet (300' ) of the f roperty -line of the petitioner as they appear on the most recent app'.icable tax list, notwithstanding that the land of any such owner is ocated in another city or town, the Planning Board of the city or town, an-i the Planning Board of every abutting city or town. . *Every application shal-1"be submitted with an applica-cion charge cost in the amount of $25.00. In addition, the petitioner shall be responsible 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. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has --- -teen submitted. Copies . of the Board' s requirements regarding plans are attached hereto or .are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name : c . ..r Address --- Farrwood Realty Trust P.enobscott-flay, Andoveri. ..MA 01810 W. Thomas Bower & Louise A: Bower ` —591 Massachusetts -Avenue; North Andover, MA 01845 Rose M. Clements 595 Massachusetts Avenue,- NorthIndover, MA D1845. Paul S. Connors &Maureen A. honnors"18 #lutran Avenue, North Andover, MA 01845 Aldo C. Sommovi go A,Marie D. Somnovjjgo 3ee� ,24 Autrao.,Avenue, .Horth AAndovers_14A X1845 Mary James' J " """ X73 ilassachusetts Avenue,:iVorth.7lndover lA D1445, Joseph A. Caron ghd Eleanor.D.'Xaron 479lMlassachusetts-Avenue, Aorth-Andover;"�(A"0.1843 .., .- ` - . �s is•-` .�: 5S 1 L -- �s .y1, Wit:`ac's .��'�iiyr f ia. 6r�• 3Gtr"1.�� „"f +�<: (use a dditional �sheets if necessary) F • MA55ACHU&ETTG QUITCLAIM, DEED SHORT FORM 11NDIVIDUAL)B81 39 We, John F. Toomey and Kathleen 14 Toomey, husband and wife, both Of North Andover, Essex County,Massachusetts, awgvlasmmmii for consideration paid,and isn full considsr&#ion of ---Thirty five thousand and no/100 ($35,000.00) -Dollars--- grantsto W. Thomas Bower and LouiseA3bwer, husband and wifea as joint tenants and not as tenants in common nor as tenants by the entirety, both of 591 Massachusetts Avenue, in said North Andover, With tOpMB UZJMM two certain tracts of land, with 'all buildings thereon., situated.in North Andover and being bounded and described as follows: FIRST PARCEL; ,The land in North Andover with buildings thereon; known as Lot numbered 2 shown-3on Plan of Fairland Manor, W. E. Lancaster, Surveyor,, said plan being recorded in the North Listriet Essex Registry of Deeds, Plan numbered 406. Said land is more particularly BOUNDED and described as follows Northerly one hundred (100)-feet by Autran Ave.; Westerly fifty (50) feet by lot numbered 3 on said plan; Southerly one hundred fifty-five and six tenths (155.6) feet by Lot #1 on said plan; : and Easterly seventy-four and nine;tenths (74.9) feet by Massachusetts Avenue. Said premises contain in all according.to said plan 6390 square feet. SECOND PARCEL: That certain lotorparcel of land with all buildings and improvements thereon described as lot numbered three (3) on that plan entitled "Fairland Manor, North Andover, Massachusetts, owned by City Suburban,Land Company, October 209 1920, W. E. Lancaster, Surveyor'', recorded with North District Essex Registry of Deeds, Plan 406. Being the same premises conveyed to us by deed of Robert Curren, executor of the will of Doris G. Curren, Dated April 15, 1975, and recorded with s4id Registry of Deeds, Book 12589 Page 288. Vjitwgs-2o?r....hands and sWI3 this».... 8th.--....._.day of ...........ji4y. .................. 19.._7.7... .............................................................................. ................ 2 -art ....II .............f..-..in . ?...... . ?Joh Toomey _- T— .................... Kathleen N. Toomey .............................................................................. .............................................................. atl�P �GnuuttAumr Dc��ala>;atllnllEefts Essex; July 28, 19 77 I ` Then personally appeased the ,nbeve_snamed 1� John F. and Kathleen M. Toomey j and acknowledged fe foregoing bg_mm nito e ' th it frees¢and 1�efoce>o� Donald F. Smith, ' daymm iaaiau November 7, 78 is C =non_Tewmts by the Entirety.) ED BY CHAPTER 497 OF 1969 upon it the full n,-me,residence and post office address of the grantee r - .911ars or nature of the other consideration therefor,if not delivered for t31 price for the conveyance without deduction for any liens or en- F} { .fE. + j r such ecaorse nc t: and recitals shall be recorded as part of the deed, ''—T of deeds shall accept a deed for recording unless t( OT NORTH'1 --i ECENeD t. ° y 06 �c TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS RE : W. Thomas Bower & Louise A. Bower 591 Mass . Ave. N. Andover, MA 01845 Application # 50 On August 15 , 1985 this Board filed a decision in the above matter which did not clearly set forth the basis for granting the variance requested by the Petition. The purpose of this memorandum is to clarify the matter. The Board voted unanimously togrant the variance as requested for a 5 ,000 sq. ft. lot subject to the following conditions : - Only a single family dwelling may be constructed thereon. - The existing garage on the Bower lot must be demolished prior to the issuance of the building permit. - The side setback of the dwelling shall be 15 ft. on the west side. - The rear setback of the dwelling shall be 25 ft. - The plans must be revised and resubmitted to the Board showing a description of Lot A and Lot B as well as the conditions set forth herein. In granting the variance the Board finds that each of the conditions of Section 10 . 4 of the Zoning ByLaw have been satisfied. Specifically, the Board finds that the lot in question was deeded as a separate lot; that the size of lots in the immediate area are of a similar size and, the Board has granted in the past in this neighborhood _.similar variances . The hardship in question relates to the use of the lot because of its size and shape and the change of zoning in the area which prohibited its use for residential purposes . The Board finds that the relief granted is not a detriment to the public good and in fact is beneficial thereto by providing necessary affordable housing in the area. The - W Page ,2 RE : ' Petition: Bower - #50 relief does not derogate from the intent and purpose of the ByLaw which encourages the most appropriate use of land. Sincerely, l j � 0 Frank Serio, Jr. Chairman BOARD OF APPEALS AEF:awt RECEIVED Any appeal shall be filed DANIEL LONG °3z� �"'01 �:` within (20) days after the TOWN CLERK 'f APRILM NORTH ANDOVER �;. ig, date of filing of this Notice ..... in the Office of tha 10wr1, AN L6 8 46 aM% Clerk.. `..`. TOWN OF NORTH ANDOVER MASSACHUSETTS $OARD QF APPEALS NOTICE OF DECISION Date . . .August .15., .1-985. . . . . . Petition No.. . . 5.0-as . . . . . . . . . . . . Date of Hearing. August .12, . 1.985 Petition of . .W... -Thomas •Bowe•r/Loui•se• A:• Bower• • • • . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . Premises affected . . .Autran• -Avenue . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the .Zoning. Bylaw Section 7 , Paragraph 7. 1, 7. 2, 7. 3 and Table 2 so as to permit . .construction. of . 3.0 !x28!., . two. .stary. .res.iden tial. Awal ling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . : . . . . . . ., . After a public hearing given on the above date, the Board of Appeals voted to . Gr.ant . . : the variance with following conditions : Demolish , existing• garage• on and hereby authorize the Building Inspector to issue a Bower lot before Building Permit issued for lot in question, limit west Permit'to side -setback• to--15- •f't. ; rear to 25- ft: ; -only• s•i:ngle• •dwelling all1owed, pant o size 5 000 ft. e t 10 f� , revise plans to show for the construe on oft above work,'�ased upon the fo�owing conditions: old lot as A and new lot as B. Signe r4� riJr.` Chairman William J. Sullivan Alfred E. Frizelle , Esq., Vice Chr. N. ekerpgn.,. :Clerk Raymond. •A... .Viven•zio. . . . . . . Board of Appeals RECEt+1F.0 pjy -ppeal Saast a teri't e OANtEl. LMoi*M a TOWN CIP, 3: .� " ° within l 201 y otice NORTH ANDOVER P = date of firing Of this S TOWS of th%_ 49 aM��� in the Office.e. �,�,,....�� Clerk. ss,KNus�` TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS August 15 , 1985 Mr. Daniel Long, Town Clerk Town Office Building W. Thomas Bower/Louise A. Bower North Andover, MA 01845 591 Massachusetts Ave. Petition #50-85 Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, August 12 , 1985 upon the application of W. Thomas Bower & Louise A. Bower. The hearing was advertised in the North Andover Citizen on July 25 , 1985 and August 1, 1985 and all abutters were notified by regular mail. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred E. Frizelle, Esp. , Vice Chair-. man; Augustine W. Nickerson, Clerk; William J. Sullivan, and Raymond A. Vivenzio. The petitioners seek a variance from the provisions of Section 7 , Paragraph 7. 1, 7. 2 , 7. 3, and Table 2 of the Zoning By Law so as to permit variance as to lot area, street frontage and side yard setback. Mr. and Mrs . Bower were represented by Mr. Peter Caruso, and he showed a plan of the proposed dwelling. The lot is located on Auturn Avenue with 5 ,000 square feet of land and is on an unccepted street, where almost every lot has a demension of 5,000 square feet as laid out according to plan 406. The petitioners were led to be- lieve that this lot was in fact a buildable lot. Many houses in this neighborhood are in fact on 5 ,000 square foot lots . The character of the proposed dwelling is in keeping with the surround- ing neighborhood. The abutter on the side of the proposed lot, Mr . P. Connors, spoke in opposition. Claims square foot requested is less than k the size of the zoning bylaw requirements and dwelling would be closer to his property than allowed. Concerned for safety of children and future value of property. Motion made by Mr. Frizelle to grant variance subject to the following: demolish existing garage on Bower lot before Building Permit issued 'f for lot in question. Limit west side setback to 15 feet, rear to 25 feet, limited to single residence only, grant lot size 5 ,000 feet, . easterly 10 feet and revise plans to show old lot as A and new lot WER' n Page 2 as lot B. Motion seconded by Mr. Vivenzio. Vote unanimous . Sincerely, BOARD OF APPEALS V Frank Serio, J . , Chairman aw t COMMONWEALTH OF MASSACHUSETTS Essex,ss. Superior Court Civil Action No. 65-2151 PAUL S. CONNORS AND ) MAUREEN A. CONNORS, ) Plaintiffs ) VS. ) STIPULATION ) W. THOMAS BOWER, ) LOUISE A. BOWER ) AND ) FRANK SERIO, JR, ) ALFRED E. FRIZELLE, ) WILLIAM J. SULLIVAN, ) AUGUSTINE E. ) NICKERSON, ) WALTER F. SOULE, ) RAYMOND A. ) VIVENZIO AND ) JOHN SIMONS, AS THEY) ARE ALL MEMBERS OF ) THE BOARD OF APPEALS) OF THE TOWN OF NORTH) ANDOVER, ) Defendants ) All parties agree to dismiss the pending action, with prejudice, without costs for either party with the following conditions: 1) All parties agree that the dwelling to be located on Lot #3 shall be a single family dwelling, as required by the variance granted by the North Andover Board of Appeals, and this restriction shall be recorded in the proper Registry of Deeds, shall run with the land, and shall inure to the benefit of the Connors, their successors and assigns. 2) W. Thomas Bower and Paul S. Connors shall share the cost of planting (6) six buffer trees, of a type to be agreed upon mutually, said trees to be planted on the lot line between Lot #3 and the Connors land. The cost shall not exceed $300.00 for each party. 3) W. Thomas Bower shall pay $6,500.00 to Paul S. and Maureen A. Connors, payable in full prior to the r commencement of any construction on Lot U . 4 REOE6VED DANIEL LONG COMMONWEALTH OF MASSACHUSETTS M4OW CLfR ESSEX, SS. CI SUPYRIQQ IIPil j i NO. 85-2151 Paul S. Connors and ) Maureen A. Connors, ) Plaintiffs ) vs. ) W. Thomas Bower, Louise A. Bower and ) Frank Serio, Jr. , Alfred E. Frizelle, } William J. Sullivan, ) Augustine E. Nickerson, ) Walter F. Soule, ) Raymond A. Vivenzio and ) i John Simons, As They Are ) SUBJECT TO OPPOSITION All Members Of The Board ) PROCEDURE Of Appeals Of The Town Of ) North Andover ) Defendants ) MOTION FOR A SPEEDY TRIAL BY W. THOMAS BOWER and LOUISE A. BOWER Now Comes Defendants, W. Thomas Bower and Louise A. Bower, and move I this Court to advance this proceeding for a speedy trial so that this case may be heard with as little delay as possible. This matter involves an appeal by a person aggreived by a decision of the Board of Appeals for the Town of North Andover, Massachusetts in the j granting of a zoning variance. i Further delay in arriving at a final disposition of this matter will prejudice the Defendants, Bowers, in that they are hindered in pursuing the I, construction of a residentail structure which will be their home. Further, pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws all issues in any proceeding commenced under said Section 17, 4T7.IF 7 G"_-E7,_ !1 !1 shall have procedence over all other civil actions and proceedings. i W. Thomas Bower and Louise A. Bower By their attorney { Dated: November 26,1985 4 Peter J. ',,Ca smF4sq uire Caruso, Coffin, McLellan & Barron Gne Elm Square Andover, Ma. 01810 (617) 475-6700 �I i I i i i R i f I j 4 i I I i CAR-15O COHEN i 6,MCLELLAN ATTORNEYS Al LAV, ONE ELM SQUARE ANDOVER,MA 0181. _ -2- (617,475-67M I f i f y CERTIFICATE OF SERVICE 8 NOTICE OF HEARING I , Peter J. Caruso, attorney for Defendants, W. Thomas Bower and Louise A. Bower,hereby certify that I have served a copy of the foregoing Motion For C A Speedy Trial , which Motion is marked for hearing on Friday, December 6, 19851 at 9:30 a.m. at the Superior Court at the Peabody District Court, in Peabody Square, Peabody, Massachusetts, as follows: Paul S. Connors and Service In Hand To Office of Maureen A. Connors Attorney Timothy P. Hatch 11 Chestnut Street Andover, Ma. 01810 f Clerk, Town of Neth Andover Service In Hand To Office of Town Counsel , Attorney Domenic J. Scalise 89 Main Street North Andover, Ma. 01845 Frank Serio, Jr. Service by Mail , Postage Prepaid to, 250 Hillside Road North Andover, Ma. 01845 Alfred E. Frizelle Service by Mail , Postage Prepaid to, 131 Appleton Street North Andover, Ma. 01845 ii' William J. Sullivan . Service by Mail , Postage Prepaid to, !' 405 Salem Street North Andover, Ma. 01845 ; Augustine E. Nickerson Service by Mail , Postage Prepaid to, 100 Moody Street North Andover, Ma. 01845 I' Walter F. Soule Service by Mail , Postage Prepaid to, is 70 Raleigh Tavern Lane North Andover, Ma. 01845 Raymond A. Vivenzio Service by Mail , Postage Prepaid to, 11 Appledore Lane North Andover, Ma. 01845 John Simons Service by Mail , Postage Prepaid to, 74 Rock Road North Andover, Ma. 01845 CARDS=, CGi�h . JJ SO.;AR 1 Date: /rl`c..�. (�- .. , Y/ �'' _ . �- l�•i : ''�' - t rJDOb E ,A+A to 6 K- IPeter J. i;arun i I CARUSO, COHEN, McLELLAN & BARRON ATTORNEYS AT LAK ONE ELM SQUARE ANDOVER. MASSACHUSETTS 01810 GERALD M.COHEN" 6171475-6700 BOSTON OFFICE: PETER J. CARUSO 50 MILK STREET,SUITE 15M DAVID L McLELLAN BOSTON,MA M109 JAMES H.BARRON TELEPHONE:61714237770 TELEX:951131 ROGER A. DUPONT 'Also,admitted in New Hampshire November 26, 1985 Civil Clerk Essex Superior Court 34 Federal Street Salem, Massachusetts 0197.0 Re: Paul S. Connors & Maureen A. Connors VS. W. Thomas Bower & Louise A. Bower and Board of Appeals/Town of No. Andover Superior Court, Civil Action No. 85-2151 Dear Mr. Nutting: Please find enclosed a Motion For Speedy Trial by W. Thomas Bower and Louise A. Bower in connection with the above referenced action. Please file and mark this matter for hearing on Friday, December 6, 1985 at 9:30 a.m. . Thank you for your prompt attention to this matter. fly, Peter �\ Caruso PJC/j Enclosure Received by Town Clerk : FORM A j APPLICATION FOR ENDORSEMENT OF PLAN t BELIEVED NOT TO REQUIRE APPROVAL 19 To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approval is not required for the following reasons : { 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required byk-nr,� e North Andover Zoning By Law and is on a public way , namely , , or a private way, namely, being land bounded as follows : 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : SN `•. ' y 3. Title, reference North Essex Deeds , Book / jf Page ; or Certificate of Title No . Registration Book - ; Page Applicant ' s Signature : Owner ' s signature and address if not the applicant : p cant Address : S`�'� yYlgSs Lfy,� Received by Town Clerk : 4 Notice to APPLICANT/TOWN CLERK of action of Planning Board on a accompanying plan : 1 . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , and the appropriate endorsement has been made upon the same . 2 . The North Andovet1annin g Board has ermined that said plan shows a,. subdivisdefin y G . L . c . 41 , s . 81 nd ' mustf'therefore bb ted to it fo appro under he ell Subdivision Cont . v Very truly yours , NORTH ANDOVER PLANNING BOARD A On By : s Date : i w 10 p�s °' AUTRAN iAVE. e 50 ' - - /00' r � 1 1 � . I LOT8 6340&F BOWER CONNORS p 32. p Ex/sting Havre Exist. 25 � Ibben Exist. Hse. , - s- 04 . 261`6 /5' /o' R CLEMENr5 LOTA 5"S.F 50' ' ME ABOVE ENDORSEMENT IS NUT A DETER' ":N.',TI[N AS TO CONFORMANCE V ITH ZC:NO RrGJLAViZIS. NORTH ANDOVER PLANNING BOARD z: FARRWOOD REAL rY rpisr �vcoNrAm LAwAvrRE �D VAR/ANCEPLAN APPROi/A4 06gfR THESw©/V/S NORTHANDOVER PLANNIAIVS A04RD LOCATED /N NORTHANDOVER ,, PREPARED FOR W THOMAS 80WR SCALE/=210' JULY18,/9195 2 —g74 - S.L. G/LES R.L.S. 8/2//86 LAWRENCE,MASS. 0 20 40 60 CERTIFY rraeT I d,rV` ZON/NG Lvsr/S R-4. CON"USD WITH TOR RUL$$A VWU!ATION$ OF rma RM:,w 12 of DEED+?IN P:3 AXNO NORTH ANG0V R_APPEALS B04RD MIS PLAN. N. C.. PLAN FILED. 7-y3• �� f.. HEAR/NGD4TE: PLANAP941D!/EO 8- 14-- 33� , .. J ;. _ .a• ,S t pppppp� LXyS:1,y40001 �S Adan s 9 AUrRAN AVS- 50 , r /00 W BOWER CONNORS O I 32 � p rexlstlng Hcr�rss Ex/sl Go ve Exist. Hse. FRIP 6-- E. 26't /0' /0' prop. deck CL EMENTS h 5OAOS.F 30' 1 � l � 50' FARRWOOD REALTY TR sr VARIANCEPLAN APPROVAL UNDER THES46D/V/S/ONCONTRO1, LAWM07'REWIRED LOCATED /N NORTH ANDOVER PLANNING 804RD NORTHANDOVER PREPARED FOR W. rHOMAs BOWER SCALE/=20' JULY/8/5185 date. S.L. G/LES R.L.S. LAWRENCE,MASS. 0 20 40 60 I CENTIFP THAT I hAVA' ZONING D/ST. /S R-4. C�ONP UND WITH THE RULRQ& RSGULATIONB OF THi AWISTERS OF DEEDS IN PREPARUVO NORTH ANDOVER APPEALS BOARD THIS PLAN. PLAN FILED: HEARING DATE: PLAN APPROVED: 7( le)sS