HomeMy WebLinkAboutBRADLEY, JAMES �osry Any appeal s�- ' !, d
a4••'""��� within (20) days sr_e; the
p date of filing of this Notice
REv 14 r r� APRILM P�
DAN,, I a % 1855 , , in the Office of the down
TD ti r �"►,s"CHUgr r Clerk.
NOR N ., SER "�.��.
TOWN OF NORTH ANDOVER
Jif 31 2 MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
January, 31, 1983
Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petition No.. . 1- 8 3. . . . . . . . . . . . . .
Date of Hearin January A9!- J983
JAMES C. BRADLEY
Petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
Premises affected . Concord, Wayne,. .anc? Osgood Streets . . . . . . . . . . . . . . I . . . . . . . . . .
Referring to the above petition for a revi.ew. ..0f. .a.
decision made by the Building Inspector, the annullment of the decision
of . the. Boa.rd. .cf. App.eaIs . f.or. Petiticn. A27- ! 0.1; - the .annul.lment. of. the
decision made by the Planning Board granting Form A approval; the
soxaeft4:exPft .re.uoc.ati.on. .of. Building. Permit .No... 2.44.,. -and. s.uch. .other. . .
relief as the Board of Appeals feels fit and proper. -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . DENY. . . the
. .petition . . . . . . . . . . . . . . . : ejctidet3s � bYK1i
pe waft s
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6o�c ion�fr c�oxe; �ased�sa ti��lmwr�
Signed
Frank. Serio , .Jr.._R . Chai.rman . .
Richard ,J... Trepanier,. Esq., , , Clerk
Augur tine. W, . Nickerson . . . . . . .
Raymond .A.. .Vi.venzio,. h.sq.. . . . . . .
Walter. F. .Soule. . . . . . . . . . . . . .
. : . . .
Board of Appeals
Any app�?a! s`-a'l be filed
within (20) days after the
u''1 I.VN
•''^� " °° date of filing of this Notice
D�� f i_GPiG in the Office of the sown,
TORY 3 ; ARK x _ Clerk
NOR'.iiI aniD0VER �.�•,,;��:�
i e 8$ACNU`+
JAN 31 21 IN '03 TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 31, 1983
James C. Bradley
Premises Affected:
Concord, Wayne , and
Osgood Streets
Petition No. 1 r 1E3
Mr. Daniel Long, Town Clerk
Town Office Building
North Andover, Mass . 01845
Dear Mr. Long:
The Board of Appeals held a public hearing on Monday evening,
January 10 , 1983 upon the application of James C. Bradley. The
hearing was advertised in the North Andover Citizen on December
16 and 23 , 1982 and all abutters were notified by regular mail.
The following members were present and voting : Frank Serio, Jr. ,
Chairman; Richard J. Trepanier, Esq. , Clerkj Augustine W. Nicker-
son; Raymond A. Vivenzio, Esq. ; and Walter F . Soule .
The Board rendered their decision at a Special Meeting held on
Tuesday evening, January 18 ,- 1983 with members Serio, Trepanier,
Nickerson, Vivenzio, and Soule again present and voting.
The petitioner seeks a review of a decision made by the Building
Inspector; the annullment of the decision of the Board of Appeals
for Petition No. 27-' 81; the annullment of the decision made by
the Planning Board granting Form A approval; the revocation of
Building Permit No. 244 ; and such other relief as the Board of
Appeals deems fit and proper, for the premises located at Concord;
Wayne and Osgood Streets.
The petitioner testified through counsel that misstatements occurred
in the application for a building permit for the land in question.
A variance was granted by the Board of Appeals on July 21," 1981,
but was never perfected since it was not recorded at the Registry
of Deeds . A subsequent plan was approved by the Planning Board
on August 24 , 1981, which was placed on record at the Registry of
Deeds .
RECEIVED
DANIEL LONG
Petition No. 1 - 183 TOWN CLERK
James C. Bradley NORTH AVICOVER
Paagea2y 31, 1983 JAN 31 2 Ii FN #83'
The basis for this petition is the petitioner 's belief that a
misrepresentation was made to the Planning Board for the lots
in question which have frontage on Wayne Street. The petitioner
proposes that Wayne Street does not exist as a private way or a
public way; and, therefore , is not a proper street for use as
frontage. In addition, the petitioner testified that the owner
of. Lot A-1 is building a` structure with the intention of using
Concord Street, with frontage of fifty feet +, as a means of
access to the dwelling.
Mr. Charles Foster, Building Inspector, testified that the
petitioner in the Board of Appeals Petition No. 27-' 81, Mr.
Joseph Saalfrank, chose not to utilize the variance plan, but
instead sought and received Planni4g Board approval under North
Andover' s Rules and Regulations Governing the Subdivision of Land
to divide the parcel. Both Lots Al and A2 have more than the
required area of 12,500 square feet and the Planning Board de-
termined that Wayne Street could handle the additional traffic.
In addition, the Building Inspector testified that a person has
a right to use a street for entry, provided it is on record by
plan and on the Assessor's maps .
Attorney Daniel P. Kiley, Jr. , representing the owner of Lot Al,
testified that the lot was purchased in good faith and that the
only plan on record was that endorsed by the Planning Board on
August 24 , 1981.
Upon a motion made by Mr. Trepanier and seconded by Mr. Soule, the
Board voted unanimously to deny the petitioner's request; to deny
the request to annul the Board of Appeals decision for Petition No.
27- 181; to deny the request to annul the decision of the Planning
Board granting Form A approval; and to deny the request to revoke
Building Permit No. 244.
Sincerely,
BOARD OF APPEALS
Dor
Frank Serio, Jr. ,
Chairman
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