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HomeMy WebLinkAboutSUBATCH, JOHN I A G COMMONWEALTH OF MASSACHUSETTS Essex, ss . Superior Court No. I SALVATORE LIPOMI and } ANDREW HEINZE a ) Plain� f-fs ) a� Vs . dear g` k r a as e� JOHN H. SUBATCH and GRACE L. ) SUBATCH, husband and wife, of y North Andover, MA ) BILL OF COMPLAINT PUR- SUANT TO G.L. CHAPTER 44A and ) SECTION 17 AS AME)CM FRANK SERIO, JR. , RICHARD J. y TREPANIER, ALFRED E. FRIZELLE, } WALTER F. SOULE, RAYMOND A. } VIVENZIO, MAURICE S . FOULDS, ) WILLIAM J. SULLIVAN and y AUGUSTINE NICKERSON, being y Members of the Board of Appeals y for the Town of. North Andover, y } Defendants y 1. The plaintiff, Salvatore Lipomi , is the owner of real estate located at 27 Thorndike Road, *forth Andover, MA, and the plaintiff, Andrew Heinze , is the owner of real estate located at 66 Thorndike Road, North Andover, MA. Plaintiffs are abutters to the subject parcel_ 2 . The defendants, John H. Subatch and Grace L. Subatch fheroin- after referred to as "Subatch") , are owners of the subject parcel located at 46 Thorndike Street, North Andover , PA. 3 . The defendants, Frank Serio, Jr. , Alfred E. Frizelle, Richard J. Trepanier, William J. Sullivan and Augustine Nickerson are regular members of the Board of Appeals, TOM of North Andover. The defendants, Walter F. Soule, Maurice S. Foulds and Raymond A. Vivenzio, are associate members of sial board. 4 . The plaintiffs appeal from a decision of the Town of X rtk Andover Board of Appeals dated January 13 , 1981, rendered SWEENEY @ SARGENT as a result of a public hearing held on December 8, 1586 AYYORNEYS AT uw Said decision was filed with the Town Clerk of the Towm of wRas*=,YI,MT North Andover on January 13, 1981, and a certified copy is u, 44, attached hereto. "A911"R7JOKM 91s" Pa"2 5 . The Plaintiffs allege that said decision exceeds the authorit of the Board of Appeals of the Town of North Andover, and further state that they are persons aggrieved by the action of said Board. 6 . The plaintiffs allege that the defendants ' , Subatch, applica- tion for a variance from the requirement of Section 7, Para- graph 7 .1 and Table No. 2 of the Zoning By-Laws of the Town of North Andover, is repugnant to the said Zoning By-Laws of Town of North Andover. 7 . The plaintiffs allege that there are no existing conditions which apply uniquely to the subject parcel that are sufficient to enable the defendants, Subatch, to receive a variance from the Zoning By-Laws. 8 . The plaintiffs allege that the defendants, Subatch, have not given any evidence of hardship, financial or otherwise, sufficient to warrant a variance from the Zoning By-Laws 9 . The plaintiffs allege that the granting of the variance would cause substantial detriment to the public good. 10 . The plaintiffs allege that the granting of said variance substantially derogates from the Zoning By-Law of the Torn of North Andover. 11. The plaintiffs allege that the Board of Appeals did not make specific findings necessary to meet the requirements for granting a variance. _ 12 . The plaintiffs allege that on November 10 , 1980, a .hearing was held on defendants ' , Subatch, application with said Board of Appeals for a variance to build a two-family dwelling on said subject property. Said request was denied. 13. The plaintiffs allege that the only difference in the bearing of December 8 , 1980, was that it was for a variance for a one-family house . 14 . The plaintiffs allege that the granting of the variance and the building of a one-family house would add to an already congested neighborhood, causing a detriment to the public welfare. SMENEY aSARMT WHEREFORE, plaintiffs demand: ATMNEYS AT LAW 1. That the decision of the Board of Appeals of the Torn of i"""" ° WARM North Andover be: annulled. LAWRiNQ{. . r Paye 3 2 . For such other and further relief as this Honorable Court may deem meet and proper. Salvatore Lipomi and .Andrew Heinze, By their attorney, Dated: January 27 , 1981 Laurence J. Rossi 316 Essex Street Lawrence, MA 01840 686-3918 SWFAMY ! ATMRNEYS AT WN MIG seem uWMNdi. M"WAGuauWm aur a • I „t( O n F 04, TOO M OF 61091M ARMPOVM MOASID CW APPWALS January 13, 1981 John H. and Grace L. &&%auk 46 Thorndike Reed Petition No. 29-1810 Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 • Dear Sir: A public hearing was held by the Board of Appeals on December 8, 19b0 topes application of John H. and Grace L. Subatch who requested a variation of Section 7, Paragraph 7.1 and Table 2 of the Zoning $-Law to as to permit a building lot suitable for a single family dwelling, which would Treat w Irving Road. The hearing was advertised in the North Andover Citizen on November 20 arA December 4, 1980 and all abutters were notified by regular mail. The petitioner's attorney, John J. Willis, Jr. testified that he weeds a variance on the area required in order to construct a single family dM111" behind his present home. There is a garage located an the prqpcesod 104 Bate which the petitioner testified he would remove if the variance is granted. The following members were present at the public hearing and all Uat XV. Nirselle voted on the request: Frank Serio, Jr. , Chairman; Richard J. Trepanierr Loi., Clerk; Alfred E. Frizelle, Esq., Vice-Chairman; and Associate Members Valter .Vo Soule and Raymond A. Vivenzio, Esq. Mr. Frizelle was not present at the January 12, 1981 meeting when the decision was made. Petition No. 29-180 John II. and Grace L. Subatch January 13, 1931 Page 2 Upon a motion made by Mr. Vivenzio and seconded by Mr. Trepanier, it aas voted unanimously to grant the variance with the following conditions: 1. that the existing garage be removed, as indicated on the plan. 2. That the construction is limited to a single family dwelling. In granting this variance, the Board finds that all of the requirements of Section 10.4 have been satisfied. The Board also finds that it will sot derogate from the intent or purpose of the Iy—Law and it can be grant" without a detriment to the public good. Very truly yours, MM O_g�AFMLS t Frank Serio, Jr., Chairman Jw Y • Town Cl®r]r µ4 ;l3 ' 9 18 h D 199 . OF NORTH MANUCHUMETTSo 2 8� ►Z � NOTICE Of ®IZCRION DW* . . . Janu4ry. 13.►. .1.9Q1. . . . . . . W. . .29-1 00. . . . . . . . . . .. . Dr1e at . . :p�►�.a�rloer.8,. .1.�U petAka ed . . . . . . . . . . . .John, H.. .4nd. Praoe.L►. Sul3atob. . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . affected . . . . . .46,Thornd.ite. Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to the alivve prlmtiow for a wriatiea fmw the nqvkvwmmb of tb . . . Zoning.$yr-fax Sect.i,on.7,. P4ra�'aph. 7..1 .=d. Table. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to pwmit .the. Qaystruatkion.of. a .single. d'amily.hone . . . . . . Irving .Road.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aftw a public hs 61 #Wen an the above date, the Beard ei Appeek Yo6ed to . . .�`. . . . Ale . . . . variance. . . . . . . . . . . . . . . . . and hereby authorise the to tette a pwmk to . : . .John H. and Grace L. Subatch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . for the oonstmetien of the above Werk, based open the foAewiY4 . 1. That the existing gara.e be removed as indicated on the plan. 2. That the construction is limited to a single family dwelling. Frank Serio, Jr. , Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard J. Trepanier, Esq., C1tr1E L Ift . . . RaymondA.. Vivenzio,. Esegr. . . . . . . . . . A Walter F. Soule Vem Clot', * . . . . . . . . . . ; SWININ INY $ SAIRGINN'T' ATTORNEYS AT LAW 316 ESSEX STREET LAWRENCE, MASSACHUSETTS 01840 IRVING W. SARGENT(1903-1973) TELEPHONE (617) 686-3918 ARTHUR SWEENEY(1913- 1978) CLIFFORD E. ELIAS MICHAEL W. MORRIS LAURENCE J. ROSSI January 28, 1981 Town of North Andover Office of the Town Clerk 120 Main Street North Andover, MA 01845 Re: Salvatore Lipomi and Andrew Heinze Vs. John H. Subatch, et al Gentlemen: I enclose for filing Bill of Complaint Pursuant to G.L. Chapter 40A, Section 17, As Amended, relative to the above- captioned. Very truly yours, 5 ARo aur ssi LJR/ks encl. ^O 1j 12 13 74 o� N;28 t� o 4 � fl 0 20 tQ NOR M o�t<.•e�7M0 �� 12 13 14 Q V`\1b W s �' a� TOWN OF NORTH ANDOVER w v � o s MASSACHUSETTS o ao Z,L e0 zo �n vZ aZ BOARD OF APPEALS January 13, 9 u 1 81 John H. and Grace L. Subatch 46 Thorndike Road Petition No. 29—'80 Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Sir: A public hearing was held by the Board of Appeals on December 8, 1980 upon application of John H. and Grace L. Subatch who requested a variation of Section 7, Paragraph 7.1 and Table 2 of the Zoning By-Law so as to permit a building lot suitable for a single family dwelling, which would front on Irving; Road. The hearing was advertised in the North Andover Citizen on November 20 and December 4, 1980 and all abutters were notified by regular mail. The petitioner's attorney, John J. Willis, Jr. testified that he needs a variance on the area required in order to construct a single family dwelling behind his present home. There is a garage located on the proposed lot line which the petitioner testified he would remove if the variance is granted. The following members were present at the public hearing and all but Mr. Frizelle voted on the request: Frank Serio, Jr. , Chairman; Richard J. Trepanier, Esq., Clerk; Alfred E. Frizelle, Esq. , Vice-Chairman; and Associate Members Walter F. Soule and Raymond A. Vivenzio, Esq. Mr. Frizelle was not present at the January 12, 1981 meeting when the decision was made. Petition No. 29-180 John H. and Grace L. Subatch January 13, 1981 Page 2 Upon a motion made by Mr. Vivenzio and seconded by Mr. Trepanier, it was voted unanimously to grant the variance with the following conditions: 1. that the existing garage be removed, as indicated on the plan. 2. That the construction is limited to a single family dwelling. In granting; this variance, the Board finds that all of the requirements of Section 10.4 have been satisfied. The Board also finds that it will not derogate from the intent or purpose of the By—Law and it can be granted without a detriment to the public good. Very truly yours, BOARD OF APPEALS Frank Serio, Jr. , Chairman jw I a 't;ORry� �Og p9 10 �� r i�•. 18'•Sb• V ► v JAN1 w TOWN OF NORTH ANDOVER MASSACHUSETTS -ft 81rn P V BOARD OF APPEALS 6aFZ �Z �2 020 NOTICE OF DECISION Date . . . ,T,anuary. 13.,. .1.9$1 . . . . . . . Petition No.. . .29790. . . . . . . . . . . . . Date of Hearing. . .Dec.ember..8,. .1.980 Petition of . . . . . . . . . . . .John. H.. .an.d, Grace .3,. Subatoh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . .46,Thornaike. Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . Zoning.By-Law . . . . Section.7,. Pa7agraph. .7,1 .and. Tabl.e. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . the, construction. of. a single. family. home .which wi,]1. front .on. . . . . . Irving ,Road. After a public hearing given on the above date, the Board of Appeals voted to . . .G4WT. . . . the . . . vari.�mce. . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . . .John H. and Grace L.I Subatch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: 1 . That the existing garage be removed, as indicated on the plan. 2. That the construction is limited to a single family dwelling. Signed Frank Serio, Jr. , Chairman Richard J. Trepanier, Esq., Clerk Raymond A. Vivenzio, Esq. Walter F. Soule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals pORTN AZ Ag, 14 1, TOWN OF NORTH ANDOVER MASSACHUSETTS NOV1Q } BOARD' OF APPEALS Ci t �Ir s T' 1g•s,."6 w. .:�a SACN1g 1. NOTICE: This application must be typewritten �w,•, APP ION FOR RELIEF' PROM THE REQx nuKwTB OF THE ZONING ORDINANCE , I h I Applicant Address_+ (o T ho r n d i ke M. - dor-1k rt n do UP- 1. Application is hereby made (a) For a variance from the requirements of Section Z - , Paragraph a t l of the Zoning Dy-Laws. I - (b) For a Special Permit under Section , Paragraph of the Zoning Bylaws. (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 buildings numbered Street. ' (b) Premisesa ected are property with frontage on the North , South , East , West side of a r n j i k e 0 0.d Street, and known as No. Street. - hornd� Ke RJ (c) Premises affected are in Zoning District R-4 -, and the premises affected have an area oft and frontage of !0 0 . (o ,2 feet* 3. Owndrship: (a) Name and address of owner (if joint ownership, give all names): .Tnbn 4 , tCrrac. e L. SUl-.�-C1k 4 0-rknrn8iKe T4- k,�Ortln Rrxcoyer Date of purchase Previous ownerT Ar i�SX- "4a ' no (b) If applicant is not owner, :check his interest in the premises: Prospective purchaser Lessee Other (explain) Q. Size of proposed building: front; feet deep. Height: stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: inch e u - T eSi toil (c) Type of construction: 5. Size of existing building: feet front; feet deep. Height:_ .2_ stories; feet. (a) Approximate date of erection: (b) Occupancy or use of each floor: (c) Type of constructions- Fro m p 6. Has there been a previous appeal, under zoning, on these premises? y�s If so, when?Nbyc yib 10 19 o - o rio.nce hoc a.�SaFLc +e l l i n5 77 iec� I 7. Description of relief sought on this petition 0,r('a n c e- (I n o. r eco re VL:"ed 1e - ami 1T clWelltna 8. Deed recorded in the Registry of Deeds in Book L (g Page (o O d or Land Court Certificate No. Book Page The principal points upon which I base my application are /as follows: (mast be stated in detail) I/sir �rr)oe° r4u a /- q/ / AornWill'e /dio2d Ao s a 40-Aiarearl-/ / / n / -may /�f� 4 �7 SG IM ry ��e-4 a ac /1!G C �0� to u2 roro t�-a o r /fin 12 D T r� / /7 Ca chi if•P And Sr Ino B a„lc t� ay /i/fe d ��ind 101- ,on / e Irl ,�Md S/r�lP ��YlCP /4,1e Ad - e f!7e /tet?oiji' 40 i9 T/.7Q�e- �LG air'Ve— -� _r)oi znPP f fhe tninli,urn QrPa roc, � P4en el Y7 (7a hn rnl�A14' ale n eflj A ,-IC6 /off &11)jj / h.//e an area SGrla i'6 �ee T I agree to pay for advertising in newspaper and incidental expenses. Petitioners Si ature Sec. 1 APPLICATION FORD 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 information 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 or way and owners of land within three hundred feet of the property line all 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 town and the planning _ board of every abutting city or town. Every application shall be submitted with an application fee sufficient to cover the cost of postage of notice to all parties in interest. LIST OF PARTIES IN INTEREST NASADMRNSS6TLrr41W j Sohh LL rJuhc�}cln �- 6 Tlnorndi Ke Rd . (YleaclowbroeK "UVI y a31 S., on Andrew �einzc fob Thorndike Rd . 3ohnClrwissow� .16 Sv�-4�n 1�o6•er{' R lle.n 3 ThorndiiK- hl 1'e+er ►{urian d- l9 Sv�bYI , -t\kv. �o ndrv� •j0.vis TFurbee- - eker �io_n+i dos' 51 T-hornd i Ke Rd . �uchtne� — Liao.-+er S+- Nrs ,Lavrence Benjamin 35 Thorndi Ke RJ- Laurence b n i e d . l U {-o i oL h o r d K R Sa a_ l�i �om ,t 7 Thomo. s Ca-mon v24 T•horr%d , Ke IZA • 1=hely vN B� mVord ,23 Thornd i Ke %J Ern•cg+ Kress 5 =ru inch Rd . ?et er Telvso T-ry tn� Rd . t'ovis eA-e.rSan tto =rvvrncl Rd . Richard Vcvnder rvmo.s 1 8 =ry in. Rd • Fe-lig bel�� llq 30 Troy 4\8 -Be-4-+) --renlnoim 3cl Troy 'M Edwo�e-d Scanlan d-1 ?erley Rd htl�p Wo..}son 33 {Perles S+even Gcx-11a.n+- -36 ?erIey 7-.19mund Koff-Ir e-f periel Rd . La.urerc-e "Ix, 1•\ 14 -perlay W i lire d Windle 4 o P--,rItRJ t Mt-f,. Ernes} Roberts 15 B riyh+wood R V C jo-me t31o_K•e.. ,I-CL C°olumbio N8 . ¢rio 1(nedici 33 ('oluon10i4 RCI . Rnn Nart35 Columbioa Rd Francis wkj( Iq (?0i0M6•1C,.. Rd • Kenne+h S}roebe I 3-f`�- /Cc,[um i'c 'R �110YY1.0.S A1l0er1n0.Al2j 3& Col earl Wonjgner 1S CoiuvnVIC, ADD ADDITIONAL ET SHE $Rd NECESSARY �ranct3 J�vncleav� Ca lu vr� b i c� gj7�� 1 r • C- bg 1� 17 NORTM 1 4 RECF!VN A C NOV 13 1980 , '7 p�+' �Qf fj ti+wnp riP�.�9 mom TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS November 13, 1980 John and Grace Subatch 46 Thorndike Road Petition No. 28-180 Daniel Long, Town Clerk Town Office Building North Andover, Nass. Dear Sir: A public hearing was held by the Board of Appeals on Nobember 10, 1980 upon application of John and Grace Subatch who requested a variation of Section 7, Paragraph 7.1, Table 2 and Paragraph 7.3, Table 2 of the Zoning By—Law so as to permit a building lot suitable for a two—family dwelling. The hearing was advertised in the North Andover Citizen on October 16 and 23, 1980 and all abuttors were notified by regular mail. The petitioner testified that he needs area and setback variances to enable him to construct a duplex on the lot behind his present home. On a motion made by Mr. Soule and seconded by Mr. Trepanier, the Board voted to deny the request. The Board finds that the petitioner failed to satisfy the provisions of Section 10.4 of the By—Law. Sincerely, BOARD OF APPEALS Frank Serio, Jr.,Chairman Jw w jOR7q r rr OE0,...,.;1ti E O.� i.� AM111.7M iS0 '�•, 1855 ��g`•� K' ��rrrrr TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . November 1.3, 1980 Petition No.. . .07.'80 . . . . . . . . . . . . Date of Hearing. . . . Noverpber. 1©,. .1980 Petition of . . . . . . . . . .John fi. .and.Grace .L._ Subatch. . . . . . . . . . . . . . . . . . . . Premises affected . . . .0. Thorndike. Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . Noxth.Andover. Zoning 15 Table.Section. .7,. .ParagraA.7.1.,. .Table. 2. and.Paragraph.7.3.,. .Table. 2. . . . so as to permit . a .'buil4ing .lot. suitable. for. .a two. family.dwelling.. . . . . . . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . .DWY. . . . . the variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f Signed Richard J. .Trepapier, .Esq..,, .Qlerk_ _ _ Walter, F.. .Soule. . . . . . . . . ., . . . . . . . . . P�Iaurice. S. ,Foulds . . . . . . . . . . . . . . . . Raymond. .. . . . . . . . . . Board of Appeals