HomeMy WebLinkAboutGOODRICH, ROBERT TO: DANIEL LONG, TOWN CLERK, NORTH ANDOVER
Administration Building, Main Street,
North Andover, MA 01845
FROM: ROBERT P. GOODRICH and MONIQUE GOODRICH
99 Marian Drive, North Andover , MA 01845
NOTICE OF APPEAL
In compliance with Massachusetts General Laws, Chapter 40A
S 17, written notice is hereby provided to Daniel Long, Town
Clerk, North Andover, that the above-named residents have on
the 8th day of March, 1985 filed their appeal with the Superior
Court Essex County, from the Board of Appeals for the Town of
North Andover's decision dated February 14, 1985 and filed with
said Daniel Long, Town Clerk, North Andover, on February 21,
1985.
A copy of the Complaint filed with the Superior Court is
filed herewith.
Respectfully submitted,
Dated: .. S
icholas J eNitto
130 Marian Drive _
North Andover, MA 01845
(6 17) 683-1493
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(TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: — TORT— MOTOR VEHICLE TORT--
CONTRACT — EQUITABLE RELIEF OTHER.)
COMMONWEALTH OF MASSACHUSETTS
T
o ESSEX,ss. SUPERIOR COURT
0 CIVIL ACTION
No. 9S-- 6T 7
ROBERT P. GOODRICH and
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....................MONIt,�UE...GOODRICH-----•............................................plaintiff(s)
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W v.
u BOARD OF APPEALS of the TOWN
i � of NORTH aANDOVER
..............................................._................
...........................Defendant(s)
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O G
y SUMMONS
To the above named Defendant: BOARD OF APPEALS of the TOWN OF NORTH ANDOVER
FRANK SERIO, JR. , CHAIRMAN
You are hereby summoned and required to serve upon ._Nicholas J......DeNitto ............
01845
plaintiff's attorney, whose address is ..130__-Marian._Drive r_ N. Andover MA
................. an answer to the
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complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu-
sive of the day of service. If you fail to do so, judgment by default will be, taken against you for the relief de-
manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk
of this court at .,.......Salem_ either before service u plaintiff's attorney or within a reasonable
. • . Pon P Y
a time thereafter.
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Unless otherwise provided by Rule 13 (a),your answer must state as a counterclaim any claim which you
o may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the
G c plaintiff's claim or you will thereafter be barred from making such claim in any other action.
C
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Thomas R. Morse, Jr.,
I �
a �
Z � 05 WITNESS,J Esquire, at Salem, the �6
at=i ra of
day �!'AY�
�* ,in the year of our Lord one thousand
N nine hundred and eighty-40.i
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.Vi ai ter--s
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Clerk
NOTES:
1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved,the names of all defendants should appear in the caption.If a separate summons is used for each
defendant,each should be addressed to the particular defendant.
SC 15 Form 1
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on ..........................................................................1 198 , I served a copy of
the within summons, together with a copy of the complaint in this action, upon the within-named defendant,
in the following manner (See Mass. R. Civ, P. 4 (d) (1-5):
_........................._.........».................................................................................................._................:......... ............................
._...._..._.................................................................. .........................._.....................................................................
Dated;
198 .......................................................................
N.B. TO PROCESS SERVER:—
PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN
THIS BOK ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT.
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
}
ROBERT P. GOODRICH and )
MONIQUE GOODRICH, )
Plaintiffs )
VS.. )
} C. A. No. 85-
}
BOARD OF APPEALS OF THE TOWN OF )
NORTH ANDOVER with j
FRANK SERIO, JR. , Chairman, j z
ALFRED E. FRIZELLE
WILLIAM J. SULLIVAN
WALTER F. SOULE
MAURICE S. FOULDS, as members
thereof, ) gym c"zo
Defendants ) X'�"
c.rC=
COMPLAINT
(1) This Complaint is filed pursuant to Massachusetts General
Laws, Chapter 40A, SS 7, 8, and 17 and is an appeal from
the decision of the Board of Appeals for the Town of North
Andover, Essex County, Commonwealth of Massachusetts
("Board of Appeals") dated February 14, 1985 and filed
with Daniel Long, Town Clerk, North Andover, on February
21, 1985, a copy of which is attached as Exhibit "A".
(2) The plaintiff Robert P. Goodrich is a natural person,
taxable inhabitant, registered voter, and citizen of the
Town of North Andover, Massachusetts, who resides at 99
Marian Drive.
2 -
(3) The plaintiff Monique Goodrich is a natural person,
taxable inhabitant, registered voter, and citizen of the
Town of North Andover, Massachusetts who resides at 99
Marian Drive.
(4) The defendants named as parties herein are members of the
Board of Appeals and all of the defendants are residents
of the Town of North Andover.
(5) On or about November 30, 1984, plaintiffs filed an
application with the Board of Appeals, a copy of which is
attached hereto and marked Exhibit "B" , which application
requested, the review of a decision made by the Building
Inspector for the Town of North Andover, Charles Foster
("Foster") , enforcement of Condition No. 7 of the Planning
Board for the Town of North Andover' s ("Planning Board")
decision dated 10/6/80, and revocation of Building Permit
No. 460 dated 11/9/84 for an addition to the original
building.
(6) Thereafter, on January 14, 1985, the Board of Appeals held
a public hearing on said application of the plaintiffs.
(7) Permit No. 460 dated November 9, 1984 issued to Advanced
Reproduction Corp. ("ARC") , 100 Flagship Drive, North
5
3 -
Andover, MA [Lot W] by Foster is in violation of The
Zoning Bylaw, Town of North Andover, MA 1972 and as
reprinted 1984 ("Zoning Bylaw") . A copy of Permit No. 460
is attached as Exhibit "C" .
(8) Such permit is also in violation of Condition No. 7 as
required by the Planning Board, which provides:
"That as required by our Zoning By-law, Table 2
Summary of Dimensional Requirements, Footnote 3: Adjacent
to residential districts, the required side or rear
setback shall be 100 feet. The first 50 feet shall remain
open and green, be suitably landscaped, unbuilt upon,
unpaved and not parked upon. Said 100 foot setback shall
extend from the property line."
(9) Foster had actual notice of Condition No. 7 at the
Planning Board hearing on October 20, 1980 and presented
his letter (copy attached as Exhibit "D") of same date at
such hearing.
(10) In its decision, Exhibit "A" , Board of Appeals erroneously
asserts that its decision regarding the issuance of the
building permit for the original building on Lot W by ARC
" . . . was upheld in Superior Court in an unrelated
matter. "
4 -
(11) "The unrelated matter" the Board of Appeals refers to is
Civil Action No. 82-1223, entitled Robert P. Goodrich, et
al. vs. Charles H. Foster, et al. , in which summary
judgment was found in favor of ARC because Condition No. 7
was not recorded at the North District Registry of Deeds
("Registry") when it purchased the property, but the Court
has yet to determine the propriety and the validity of
Foster ' s, issuance of that original permit. A copy of the
court' s ruling is attached as Exhibit "E
(12) Notwithstanding Condition No. 7, the Zoning Bylaw requires
in Table 2, footnote 3, that:
"Ind. 1 (Industrial 1 Districts] adjacent to
residentials districts, the required side or rear setback
shall be 100 feet. The first 50 feet of such setback
abutting the residential district shall remain open and
green, suitably landscaped, unbuilt upon, unpaved and not
parked upon . . (emphasis supplied) .
(13) Such Zoning Bylaw refers to abutting districts and not
abutting property lines.
(14) A portion of the Goodrich's property on which they reside
was arbitrarily rezoned "Ind. 1" at town meeting when the
Zoning Master Plan was voted. Consequently, the abutting
zoning districts line which separates the residentially
zoned district ("R-2") from the industrially-zoned
district ("Ind. l") is situated on their property.
- 5 -
(15) The intent of the Zoning By-law by the 100 feet side and
rear setback reqirement when there are abutting
incompatible districts is to provide residents of R-2 with
a buffer zone between their property and contiguous
property zoned Ind. 1 and serve as protection against
encroachment of their privacy and quality of life.
(16) When such abutting districts occur ". . . the required
side or rear setback shall be 100 feet ." and further ,
such setbacks are required by the Zoning Bylaw to be from
the property [lot] line. Copies of By-law § 2.73 yard,
Rear (Setback) and § 2.74 yard, side (Setback) attached as
Exhibit "F" .
(17) Therefore, Condition No. 7 required by the Planning Board
was simply the enforcement of what is mandated by the
Zoning Bylaw.
(18) The document which contains said Condition No. 7 is
entitled "Form C Application for Approval of Definitive
Plan" dated August 18, 1980 was recorded with the North
District Registry of Deets in Book 1591, page 30 on July
- 19, 1982. A copy is attached as Exhibit "G" .
6 -
(19) Foster should have withheld the issuance of the Building
Permit No. 4601 Exhibit C, because the rear and/or side
setback distances are in violation of the Zoning Bylaw,
Condition No. 7, and contrary to his own interpretation of
the Zoning By-law contained in his letter dated October
20, 1980, Exhibit "D" .
(20) The issuance of such a permit by Foster is in violation of
Mass. Gen. Laws Chapter 40A, 5 7. Church v. Building
Inspector of Natick , 343 Mass. 366, 178 N.E. 2d 272
(1961) ; Jasper v. Michael A. Dolan, Inc. , 355 Mass. 17,
242 N.E. 2d 540 (1968) .
(21) Planning Board required compliance with Condition No. 7
prior to the construction of the original building
described in Exhibit C which fact was known by Foster when
he issued the original permit in violation of said
Condition No. 7.
(22) The Board of Appeals erroneously and without authority
upheld Foster's issuance of the original permit on or
about July 23, 1982 (copy is attached as Exhibit "x")
contrary to the requirement of Condition No. 7, by the
Planning Board and contrary to the By-law.
7 -
(23) The Board of Appeals erroneously and without authority
upheld Foster's issuance of Building Permit No. 460 for
the addition, Exhibit "C" on or about November 4, 1984
contrary to Condition No. 7 and contrary to the By-law.
(24) Planning Board and not Board of Appeals is authorized to
determine whether subdivision covenant [condition) had
been satisfied so that building permit can issue. Easton
v. Koenig, 1981 Mass. App. , 1981 Adv. Sh. 2132, 429 N.E.
2d 81.
(25) Therefore, the decision of the Board of Appeals, Exhibit
"A" , exceeds the authority of the Board of Appeals by
reason of the facts set forth in this Complaint, and the
Board of Appeals should be ordered to enforce Condition
No. 7 of the Planning Board's decision dated 10/6/80 and
revoke Building Permit No. 460 dated 11/9/84.
(26) The decision of the Board of Appeals, Exhibit "A" , is a
mixture of law and facts and is unreasonable, arbitrary
and based on legally untenable evidence.
(27) Consequently the original building and addition thereto of
ARC is unlawfully situated on said Lot W approximately
50-60 feet from the property line of Robert P. Goodrich
and Monique Goodrich.
8 -
(28) Such Board of Appeals decision is in violation of M.G.L.
c. 40A § 14.
WHEREFORE, plaintiffs request that the decision of the
defendant Board of Appeals be annulled so that Condition No. 7
of the Planning Board of 10/6/80 be enforced and so that
Building Permit No. 460 shall be revoked and such other decree
as justice and equity may require.,
The Plaintiffs
ROBERT P. GOODRICH and
MONIQUE GOODRICH
By their attorney,
Dated: G RtCholas J. ; eNitto
130 Marian Drive
North Andover, MA 01845
(617) 683-1493
Any appeal shall be filed
within (20) days after the
DAWL Wks {F: %T"
T kAAll •., lobscdu� ,, date of filing of this Notice
►"s°;' • In the Office of. the Town
$+ � I * *rte Clerk.
OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
February 4.,
. .1.9.8. . . . . . . . . . . . . . . .14. . . .. . .1985. . . : .
Petition No.. . . 1- 8 5
Date of Hearing. .J a n u a ry 14 , 1985
January 22 , '1985
Petitionof . . . . .ROBERT AND MONIOUE GOODRICH
Premises affected o f W , F 1 a 9 s h i p. .D r,i.v e. (1,0 0. F 1 a g s h i p. D rive ). • • , • . . . , . . . . .
Referring to the above petition for a *irYa'i'61Vftb1txif 6 taqubftioft I&Iktl B ne v.i.e w. a f. .a
decision made by the Building Inspector , enforcement of Condition No . 7
of the. .P1anni.ng. .6oard .s . d.eci.sio.n . d.ate.d . .1.0/b./80., . amd. .r.ev.aca.tio.n . o.f.
Building Permit 'Jo . 450 dated 11/9/84.
N&twtoxpnx]Mit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . Re n y. • . the
ne q u e s t. . . . . . . . . . . . . . . . . . . e�eb�r xaat& a uiddix�g xT tax eta�ies�ec
pertacto7c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
car p a x�#�t#ec RIX" ao �tix�cr��t ec a no
Signed
Frank Serio , Jr . , Chairman
Alfre.d . E.. F.riz.el .l.e ,. .Esq... , - vic.e . Chairman
Wi.1.1 i.am. .J . . .Sul.l.i v.an. . . . . . . . . . . . . . . .
Wa.l.te.r. . F.,. . Soule . . . . . . . . . . . . . . . . . . .
Maurice S ,. .Fou.l.ds. . . .
Board of Appeals
RECEIVED
DANIEL UMI RTN Any appeal shall be filed
TOWN CI'I RK
.4 within (20) days after the
NaRiTh A� nOVER 3�
" n date of filing of this Notice
Fa It 111 Pro in the Office of the Town
�'sM„;•t�' Clerk.
TOWN OF NORTH ANDOVER
I r
MASSACHUSETTS
BOARD OF APPEALS
February 14, 1985
Mr . Daniel Long, Town Clerk Goodrich, Robert & Monique
Town office Building Lot W, 100 Flagship Drive
North Andover, Mass. 01845 Petition No. 1- 185
Dear Mr. Long:
The Board of Appeals held a public hearing on Monday evening,
January 14, 1985 upon the application of Robert and Monique
Goodrich. The hearing was advertised in the North Andover Citizen
on December 13 and 200 1984 and all abutters and interested
parties were notified by regular mail. The following members were
present and voting: Frank Serio, Jr. , Chairman; Alfred E.
Frizelle, Esq. , Vice Chairman; William J. Sullivan; and Associate
Members Walter F. Soule and Maurice S. Faulds.
The petitioners seek a review of a decision made by the Building
Inspector and enforcement of Condition No. 7 of the Planning
Board' s decision dated October 61 1980 and revocation of Building
Permit No. 460 dated November 9, 1984 on premises located at 100
Flagship Drive, known as Lot W Flagship Drive, located in the
Industrial-1 (I-1) zoning district.
Counsel for the petitioners testified that in 1980, the North
Andover Planning Board granted approval of the Willow Industrial
Park Extension Subdivision. Lot W, Flagship Drive, is located in
this subdivision. one of the conditions of approval, being
Condition No. 7, stated:
"That as required by our Zoning By Law, Table 2,
Summary of Dimensional Requirements. Footnote 3,
adjacent to residential districts, the required side
or rear setbacks shall be 100 feet. The first 50 feet
shall remain open and green* be suitably landscaped,
unbuilt upons unpaved.,t and not parked upon. Said 100
foot setback shall extend from the property line"
. A
Goodrich, Robert and Monique DANRE
Lot W Flagship Drive TO�rN CLERK
Petition No. 1- 185 NORCH ANDOVER
February 14, 1985 1 WN I
Page 2 fis if . 21
Counsel for the petitioners further testified that the Goodrich' s
were satisfied at that time that any buildings constructed in the
industrial park would be placed a minimum of 100 feet from their
property line. The petitioners ' parcelo located at 99 Marion
Drive, contains a wedge of I-1 land and it is this wedge of land
which abuts Lot W, Flagship Drive.
An appeal was denied by the Board of Appeals in 1982 to revoke the
building permit for the original building on Lot W. Said appeal
was made ,by Mr . and Mrs . Goodrich and Mr . and Mrs. Edward Condon,
also residents of Marion Drive. The Board' s decision was upheld
in Superior Court in an unrelated matter . This petition deals
with an addition to the existing building, which is under
construction and which is situated 50 feet from the petitioners'
property 'line. The petitioners seek to revoke the building permit
for the addition.
The hearing was continued to Tuesday, January 22, 1985 with
Members Serio, Frizelle, Sullivan, Soule and Foulds again present
and voting. At that time the Building Inspector testified that he
based his decision to issue a building permit for the addition
upon the same interpretation that the court made, which is that
setbacks are taken from property lines and that if industrial land
abuts residential land, an additional 50 foot setback is required.
Since the petitioners ' land where it abuts Lot W, Flagship Drive
is zoned industrial, the additional 50 feet is not required.
The Board rendered a decision on Monday evening, February 11, 1965
with Members Serio, Frizelle, Sullivan, Soule and Foulds again
present and voting. Upon a motion made by Mr. Frizelle and
seconded by Mr. Sullivan, the Board voted four to one, with Member
Soule voting in opposition, to deny the request.
The Board finds that the Building Inspector properly issued
Building Permit No. 460 dated November 9, 1984, relying upon the
decision of the Board of Appeals dated July 23, 1982 and
incorporates that decision herein by reference.
The Board further finds that since Lot W, Flagship Drive, is not
adjacent to a residential district, the additional 50 foot setback
is not required and that the building with the addition located on
Lot W. Flagship Drive is in conformance with the North Andover
Zoning By Law.
Sincerely,
BOARD OF APPEALS
CIO
Frank Serio, Jr. ,
Chairman
jw
Any appeal shall be filed
DANIEL LONG :lo;,r �4°�� within (20) days after the
TOWN CLERK iaas ;��
. date of filing of this Notice
NORTH .ANDOVER ''�s •....•;,�'.
►,,�cnos� in the Office of. the Town
FEB If t Id tar Clerk. .
1WWN OF NORTH ANDOVER
MASSACHUSETTS '
BOARD OF APPEALS
NOTICE OF DECISION
February 14-, 1-985
Date . . . . .'. . . . . . . . . . . . . . . . . . . .. .
Petition N•... . . 1. . . 8.5 . . . . . . . . . .. .
Date of He stn Jan u a ry 14 , 1985
. g January 22, 1985
Petition of . . . . .R.O.D.E.R T ANO M.0 N I Q U E GOO O R I C li ,
Premises affected Lot W , Flagship D r.i.v e. . 0.00. F l a g s h.i.p. .O r i v e }. . . . . . . . . . . . . .
Referring to the above petition for a,V*rka'ti6A;ftbtatcth§UqUrt ft tai A(tl* . . re v.i ew. .0 f. .a
decision made by the Building Inspector , enforcement of Condition r4o . 7
of , the. PIanni.ng. .Boa.rd.'.s . de.ci.sio.n . date.d . 1.0/6./.8D., . a.nd. .r.ev.oca.tio.n . o.f.
Building Permit Nlo . 460 dated 11/9/84.
sdcxsctoxperrait . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . . . Re ny. . • • the
request. . . )=d Awmbg mAkorics Aka aui ding Amvi Rt oz eta»a x
perndtxtox _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lor Aka Roa tNvti=xQ1Aka:gixW x�sojtlw las cupoa�tty�ctpRq agcq�nsfctia;
Signed
Frank Serio , Jr ., .ehairman. . . . . . • .
Alfre.d . E.. . Fr.iz.el .l.e ,. -Esq... ,. .V.ic.e . Chairman
Wi 11 i.am. .J . . .Sul.i.i v.an. . . . . . . . . . . . . . . .
Wa.l.te.r. F. Soule . . . . . . . . . . . . . . . . . . .
Maurice S .. Fou.lds. . . .. . . . . . . . . . .
Board of Appeals
IBIT A
RECEIVED
TOWNDANIEL LONG.ERK Any appeal shall be filed
' TONY Gl.ERK NORTH
NOR i ii ANDOVER a,,... +,, .
��•'" within (20) days after the
FEB 2141 V 0 date of filing of this Notice
. ._ :.. . in the Office of the Town
ssu,w,. Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
ASSA HUSETTS
BOARD OF APPEALS
February 14, 1985
Mr. Daniel Long, Town Clerk Goodrich, Robert & Monique
Town Office Building Lot W, 100 Flagship Drive
North Andover , Mass . 01845 Petition No. 1-' 85
Dear Mr. Long:
The Board of Appeals held a public tearing on Monday evening,
January 14, 1985 upon the application of Robert and Ronique
Goodrich. The hearing was advertised in the North Andover Citizen
on December 13 and 20, 1984 and all abutters and interested
parties were notified by regular mail . The following members were
present and voting: Frank Serio, Jr. , Chairman; Alfred E.
Frizelle, Esq. , Vice Chairman; William J. Sullivan; and Associate
Members Walter F. Soule and Maurice S. Foulds .
The petitioners seek a review of a decision made by the Building
Inspector and enforcement of Condition No 7 of the Planning
Board' s decision dated October 6. 1980 and revo _3tion of Building
Permit No. 460 dated November 9, 1984 on premises located at 100
Flagship Drive, known as Lot W Flagship Drive, located in the
_ Industrial-1 (I-1) zoning district.
Counsel for the petitioners testified that in 1980, the North
Andover Planning Board granted approval of the Willow Industrial
Park Extension Subdivision. Lot W, Flagship Drive„ is located in
this subdivision. One of the conditions of approval , being
Condition No. 7, stated:
"That as required by our Zoning By Law, Table 2.
Summary of Dimensional Requirements, Footnote 3,
adjacent to residential districts, the' required side
or rear setbacks shall be 100 feet. 'The first 50 feet
shall remain open and green, be suitably landscaped,
unbuilt upon, unpaved, and not parked upon. Said 100
foot setback shall extend from thePe Y ro rt. line"
P
r
RECEIV90
Goodrich, Robert and Monique
DANIEL LONG
Lot W Flagship Drive TOWN CLERK
Petition No. 1- 185 NORTH ANDOVER
February 14, 1985 q p.
Page 2 1 F ES L V it t N '8S
Counsel for the petitioners further testified that the Goodrich' s
were satisfied at that time that any buildings constructed in the
industrial park would be placed a minimum of 100 feet from their
Property line. The petitioners ' parcel , locat3d at 99 Marion
Drive', contains a wedge of I-1 land and it is this wedge of land
which abuts Lot W, Flagship Drive.
An appeal was denied by the Board of Appeals ir., 1982 to revoke the
building permit for the original building oi_ Lc:N W. Said appeal
was made by Mr , and Mrs . Goodrich and Mr . and Mrs. Edward Condon,
also residents of Marion Drive. The Board' s decision was upheld
in Superior Court in an unrelated matter . This petition deals
with an addition to the existing building, which is under
construction and, which is situated 50 feet from the petitioners '
property line. The petitioners seek to revoke the building permit
for the addition.
The hearing was continued to Tuesday, January 22, 1985 with
Members Serio, Frizelle, Sullivan, Soule and Foulds again present
and voting. At that time the Building Inspector testified that he * '
basedhis decision to issue a building permit for the addition
upon the same interpretation that the court made, which is that
setbacks are taken from property lines and that if industrial land
abuts' residential land, an additional 50 foot setback is required.
Since the petitioners ' land where it abuts Lot 'W, Flagship Drive
is zoned industrial, the additional 50 feet is not required.
The Board rendered a decision on Monday evening, February 11, 1985
with Members Serio, Frizelle, Sullivan, Soule and Foulds again
present and voting. Upon a motion made by Mr. Frizelle and
seconded by Mr . Sullivan, the Board voted four to one, with' Member
Soule voting in opposition, to deny the requ-_st
The Board finds that the Building Inspector properly issued
Building Permit No. 460 dated November _9, 1984, relying upon the
decision of the Board of Appeals dated July 23, 1982 and
incorporates that decision herein by reference.
The Board further finds that since Lot W, Flagship Drive, is not
adjacent to a residential district, the additional 50 foot setback
is not required and that the building with the addition located on
Lot W, Flagship Drive is in conformance with the North Andover
Zoning By Law.
Sincerely,
BOARD OF APPEALS
Fr ink Serio, Jr- ,
Chairman
jw
r
Recei4Ed''by ToWn Clerk: r`'•
RECEIVED
Date: ""-ZD1fW DAMIEI.LONlowd OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS '
Time; NORTH hA LOVER
M 30 flojipt"This application must be typewritten
APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
Applicant Robert P. & 14onioue Goodrich Address 99 Marian Dr. No. Andover, Ma.
1. Application is hereby made
(a) For a variance from the requirements of Section Paragraph
and Table of the Zoning By-Laws.
_ (b) For a Special Permit under Section Paralraph of the
Zoning By-Laws.
; As a party aggrieved, for review of a decisio., made by the Building
Inspector or other authority.
2.. (a) Premises affected are land and buildingis) numbered
Street.
(b) Premises affected are property with frontage on the North ( )
Soutn ( ) East ( X) West ( ) side of 100 Flaashiv Drive (Addition)
Street, and known as No. 99 Marlan .Drive res .
(c) Premises affected are in Zoning District and the premises
affected have an area of squar—eTe—eT and frontage of
feet.
3. Ownership
(a) iiame and address of owner (if joint ownership, give all names) : .
Robert P. & Monique Goodrich
Date of purchase Aux. 15, 1978 Previous- Owner Thomas G. MacDonald
(b) if applicant is not owner, check his interest in ane premises:
Prospective Purchaser Lesee _lther (explain)
4. Size of proposed building: front; `eet deep;
Height: stories; feet.
- --{a) Approximate date of Erection:
(b) Occupancy or use of each floor:
(c) Type of construction:
5. Size of existing building: feet front; feet deep;
__-_Height: stories; feet.
(a) Approximate date of erection:
(b) Occupancy or use of each floor:
(e) Type of construction!
6. Has there been a previous appeal, under zoning, on these premises? Yes (1)
If so, when?
-a...^....,,...�.-..r .,r !!,,rMit.Ic%n Nn. 7
T. Description of relief sought on cnis pei�Lion........ .. .
of Planninaeoard decision dated Oct. 6, 1980, w!ilch is set forth in its
entirety on reverse side, Section 9, as it anolles to all real nroverty
contimaous with the oronerty described Sp Section 8 below
8. Deed recorded in the Registry of Deeds in Book U�.1.__ Page --is or
Land Court Certificate No. Bonk age
(1) 'iearina on ortvinal butldinx of Advanced Reproduction Corp. before
3oard of Anneals, July 12, 1902.
EXHIBIT 3
--
The principal points upon which 'I base my application are as foflows..
(Must be stated in detail) 4i1a#-
g .lith rPsvect to construction on Lot W, Flagship Drive, a` fWc4nt'44"4
ostitioners' property, the Plannina 3oard's decision of Oct = 190
s ates in on on a:o. a .o ow_nc: at as reou r .y our on ng
3y Law, Table 2. Summary of Dimenttonal Reoutrements, Footnote 3, AdlBeent
to residential districts, the reoutred side or rear set back shall be 100
fest. The first 50 feet shall remain poen and green. be suitabls lsnd-
scened, unbuilt unon, unnaved, qnd not narke' upon. Said 100 foot set back
ah^11 -xtend from the nroner ,, line." �/
This condition was not complied with. /M� n u3e.
01.0. rG69� y@ 1--eS'cc 4d,
I agree to pay for advertising in newspaper and incidental expenses*
Petitioner's Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. _Jhese '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 furnis'ied 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 petitione •, abutters, owners
of land directly opposite on any public or private street or way,
and abutters to the abutters within three hundred feet of the property
line of the petitioner as they appear on the os: recent applicable
tax list, notwithstanding that the land of any s:rit 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 towr.
* 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 and publication, but
are not necessarily limited to these.,
LIST OF PARTIES IN INTEREST
Name Address
3dwar3 ;. Condon 89 Marian Drive, North Andover, Pass.
i
(Use additional sheets if necessary)
I agree to pay for adverts/ising in newspaper and incidental expenses*
0 7L1rf� Petitioner 's Signature
Sec. 1 APPLICATION FORM
Every application for action by the Board shall be made on a form
approved by the Board. _-Ihese 'forms shall be furnished by the clerk
upon request . Any communication purporting to be an application
shall be treated aF mere notice of intention to seek relief until
such time as it is. made on the official application form. All in-
formation called ter by the ,form shall be furnis 'led by the applicant
in the manner there . n rescribed.
- - Every application Call be submitted with• a list of "Parties in
Interest" which lis . shall .include the petitione •, abutters , owners
of land directly op .osite on any public or private street or way ,
and abutters to the abutters within three hundred feet of the property
line of the peti'tio; er as- they appear on the -os: recent applicable
tax list , notwithstanding that the land of any sv: h owner is located
in another city or ` own , 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 and publication , but
are not necessarily limited to these,.
LIST OF PARTIES IN INTEREST
Name Address
Edward A. Condon 89 Marian Drive, North Andover, Pass.
Tame Address
1. A.R.C. Realty Corporation Turnpike Street, North Andover
2. Peter P. Novello • 111 Marian Drive, North Andover
3. Edward J. O'Leary
Raymond J. Vicunas P. O. Box 468, Holyoke, MA
4. Capricorn Corporation 801 Turnpike Street, North Andover
5. John R. Haverty Estate c/o John Hamilton 15414 S. Stevens Ave. ; Bellflower, CA 9071
6. Micromatics Products Ci., Inc. 48 Haverhill St., P.O.Box 3 SVS, Andover,
7. Richard L. & Patricia. +.Cavanaugh 123 Marian Drive, North Andover
8. Frank J. & Frances J. Greslick 79 Marian Drive, North Andover
9. Ccmrnador Corporation 805 Turn ke Street, North Andover
10• Ner't4% An' diL er plamriii-y Rd(rrd �c:vt 14
7
(Us' additional sheets ifsnecessary) '
PER31IT NO. !Z6 U APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE,1 i
MAP NO. J LOT NO. 2 RECORD OF OWNERSHIP JDATE BOOK PAGE
ZONE I SUB DIV. LOT NO. F-
LOCATION (•p �A /' PURPOSE OF BUILDING
_ I F �3��f� �:LCIS- IO t L•� /J r
OWNER'S NAME d Gl HO. OF STORIES SIZE //J 6C-0 h 1
�}--•
OWNER'S ADDRESS r A BASEMENT OR SLAB c
G'
,J J-eil .
ARCHITECT'S NAME OF FLOOR TIMBERS IBI 2ND 9110 m
BUILDER'S SiIA14-f SPAN - j j:."+- �Z/l S - S Ga(� GCncs T• 1pKK'L�iil
DISTANCE TO NEAREST BUILDING /r ` C� •F DIMENSIONS OF SILLS -
DISTANCE FROM STREET 0.0.
DISTANCE FROM LOT LINES-SIDES / 6)4 1 �' REAR .p 1 GIRDERS k ,.
AREA OF LOT f/ r1 i! JI // FRONTAGE HEIGHT OF FOUNDATION V THICKNESS
to SIZE OF FOOTIP (/ X /f
IS BUILDING ADDITIOh `'jam MATERIAL OF CHIMNEY
IS SUILDINL . I'ERATION IS BUILDIN . N SOLID OR FILLED LAND �V L
WILL BUILDING CONFORM TO REQUIREMENTS OF CODE IS BUILDING CONNECTED TO TOWN WATER
BOARD OF APPEALS ACTION. IF ANY _ IS BUILDING CONNECTED TO TOWN SEWER Y�•v _
IS BUILDING CONNECTED TO NATURAL GAS LINE
INSTRUCTIONS 9 PROPERTY INFORMATION
. - - LAND COST 1
SEE BOTH SIDES - - _ EST. BLDG. COO
EST. BLDG. COST PER BQ. FT.
PAGE / FILL OUT SECTIONS I - S
PAGE 2 FILL OUT SECTIONS 1 - 12 i. EST. BLDG. COST PER ROOM
+' SEPTIC PERMIT NO.
ELECTRIC METERS MUST BE ON OUTSIDE OF BUILDING 4 APPROVED BY
I
ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS
• PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR
DATE FILED
_ BOARD OF HEALTH _
SIGNATURE OF OWNER O AU O IZED AG
F E E � . dT)
PLANNING BOARD
PERMIT GRANTED - -
19
. - BOARD OF SELECTMEN
- BUILDING INSPECTOR I !
1
BUILDING INSI'ECTOR
pOR7M
TOWN OF \DRTII ANDOVER, dI:155ACI1US1;l'PS
BUILDING DITART,liT•.NT
F
s
�1 S+s.e•iS4S if
wtwus
,1
October 20, 1980
i
Planning Board
Town Office Building
North Andover* Ma.
Re: Interpretation of Yard Setbacks between i
Industrial and Residential Zones !
Gentlemen:
Yard setbacks are always taken from the lot line -
Section 2.71.
Industrial l and Industrial 2 require 50 ft. setbacks
for all buildings from the property line plus an additional 50
feet adjacent to residential districts. The first 50 feet of the i
total of 100 ft.. setbacks that abuts the residential district shall
remain open and green, be suitably landscaped, unbuilt upon, un-
paved and not parked upon. . See footnote 3, table 2, as amended.
This means that all buildings must be located 100 ft. from the
property line and parking may be permitted to within 50 ft. of the
property line.
If a zoning line divides the industrial property, no
industrial use may be made of the 1 Ri filo,%t is not zoned industrial
and if the zoning line is such as to 'Y a larger setback from the
Property line, then the zoning line becomes the limit of the allowed
industrial uses.
Very truly yours,
CHARLES H. FOSTER
INSPECTOR OF 3UILDINGS
CHF:ad
i
MIBITJ
i
N 1
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: TRIAL COURT
SUPERIOR COURT
DEPARTMENT C.A.
NO. 82-1223
ROBERT P. GOODRICH, )
i•' MONIQUE GOODRICH, EDWARD )
A. CONDON, JR. , NANCY )
CONDON, INDIVIDUALLY AND )
AS TAXABLE INHABITANTS _OF)
THE TOWN OF NORTH ANDOVER)
AND )
JAMES HART, MARY HART, )
WILLIAM CIIEPULIS, BRIAN ) ��
FINN, MARGARET FINN, )
NICHOLAS DeNITTO, BARBARA) , . 1
DoNTITTO,_ DAVID AMUNDSEN, )
LINDA AMUNDSEN, RICHARD )
VALLE AND BEVERLY VALLE, } DEFENDANT'S, A.R.C. REALTY
AS THEY ARE TAXABLE IN— } CORPORATION, MOTION FOR
HABITANTS OF THE TOWN OF ) SUPI%IARY JUD-. :';ENT
NORTH ANDOVER► )
Plaintiffs
ALL OF NORTH ANDOVER,
EvSSEX COUNTY, MASSACFIU—
5:...1
G >
e.
CHARLES If. FOSTER, OF
Si!ID NORT(I ANDOVER AS HE } / / v ✓ /d ( .,.:• � r,:t i �GL .Laf���
IS THE INSPECTOR OF
BUILDINGS OF THE T01511N OF ) (� :�)•c�f l G'-�c� LC`•;.l?��C��h'��
NORTILI ANDOVER AND A.R.C.
REALTY CORPORATION, A )• 'C?:�.ptirli. *.e_.") Zq
iIASSACHUSL••TTS CORPORATION)
Defendants ( %`
litr.•eel r
The Defendant, A.R.C. Realty Corporations, by U att� tncy,
respectfully moves the Court , pursuant to Rule 56 of the vlassa-
clusetts Rules of Civil Proce ur.e , enter judgment ::or. the
Defendant on the entire action, or on any part appr-M !:iatc , on
the following joint and se%•er1T.l grounds :
PII FITZG102ONS
.ITiRNEY AT LAN
1.tItItAL DUILGING
IO C09CR 517110[7
+INCNCe.t1A 01040
•17 611'13000
EXHIBIT E
-11-
2. 72 Yard, Front (setback)
An open space extending across the entire width of a
lot between any building thereon and the street lot
line of the lot on which such building stands.
2. 73 Yard, Rear (setback)
An open space extending across the entire width of a
lot between the rear of any building thereon-and the
rear lot line of the lot on which such building
stands.
2. 74 Yard, Side (setback)
An open space between the side line of a lot and the
adjacent side of any building thereon, such open
space being understood to cover the entire extent
between the front yard and the rear yard on such a
lot.
2. 75 Driveway
A way located on a lot which provides vehicular
access to the buildings on the lot. Each driveway
shall service no more than one lot. Subject to the
granting of a Special Permit from the Planning
Board, a driveway may be shared by not more than
three (3) lots. Every such shared driveway must-
be regulated by a recorded maintenance agreement
running in perpetuity with the land.
2. 76 Planned Developaent District
1. Planned Development District - A Planned Develop-
ment District shall mean development of an area of
land as a single entity, which lies in an Indus-
trail-S (I-S) District, in which a mixture of resi-
dential, open space, commercial, and/or industrial
uses, and a variety of building types and designs
are determined to be sufficiently advantageous to
s render it appropriate to grant a Special Permit to
depart from the normal requirements of the district
in which the PDD is to be located, to the extent
authorized by this Zoning By-Law.
2. Usable Open Space - The part or parts of land or
structure within a PDD which are reserved for active
or passive recreation use. This space shall exclude
parking areas, driveways, and walkways and open areas
EXHIBIT
B $1591_
30 7 • .
APPLICATION FOR APPU NAL CP Daaxla`vs P[!3 a
L
" i9 ' • : ip8o
�L •
TO the Fleming Heard Of the Tom of North Andorers
"I
The umdersiglaeds balm the applleant as defined ander Chapter 44 Seatim
r aLiy for approval of a proposed oubdlvisice sbo m an a plan entitled
- WIC-LoW .I-AJOU.IrRIAG PAAC eX7saSIOAJ
•, I ri(' bROf{ert7' P. RrGgwl acted
being land bounded as follows Onl 77K AJo*ITN RX 44m?> N Awo eel
WILCOW r. DUS7-91AL oARC '. OiJ 7WC 1✓EST e.rI $6u7sj Ay LAND
• r
I. . plfh Sy►IOS�A: ON 7HE EnSr
LA
Z) Aflic fnuQS� • CO2041" .tel NOVc
abr submits a plan as a DEMUTIYS plea in aacordance with the Rules and
r�0➢E 'PJU . Regulations of the North Andover Planning Board and sakes application to the
Board for approval of said plan.
Title Referemes North Eases Deedas Hook ? �� Page _�P-i or
Certificate of.Title No. �s Registration Dock.9 pmve l or
i' -Others
I ' Said plea has( ) bas mat(K) evolved from a preliminary plan submitted to
the Board'of 19 and approved (with sodifieatioms) ( )
' disapproved (T� 19
Im
The undersigned hereby applies for the approval of said DEPIfIITUN plea
by.thm Boardt end in furtherance thereof hereby &gees to abdde by the Beard's
y� Rules and Regulations. The udemignsd hereby farther covenants &rod &gess 5
-r vitb•the Toon of North Andover@ upon approval of said DE!INITI73 plan by the.
Hoards l
T I 1. To install utilities in accordance with the rales and regulations of the is
Planning Board. the Public Yorke Departments the Righmy Surveyor@ the
Board of Realth@ and all general as well an cueing br3aw of said Tara@
( as are applicable to the installation of utilities within the limits of
I rays and strestai
2. To complete and construct the streets or was end other-impro►emants sham
$;r ! thereon in accordance with Sections Iv and V of the Rales and Regulations
y i of the Planning Board and the approved DZn=IV3 plang profiles and erose
sections of the same. Said plans profiles* cross sections and construction
i specifications are specifically.by references incorporated herein and made
ti. a part of*this application. Thin application and the covenants and
ages-menta herein shall be binding upon-allheires executors. administrators,
1 I {1 i successors@ grantees of the whole or part Of said lands and assian
ax i �f
undersigned; and r//.• '^'a
To complete the aforesaid idittl3anlSans end vithisittiro 41�+.�96
�'' ]nevi from 9�. ..t r �• 'i aQL�tTattiOn ✓�y .S?A"fpq • 1t. .
leaired by o bre,� �iJ ct.T?W.a1. �n I.
1 ' t>:r.of Applic.nt *,
►.
� ,lists `� ;•••. � (. ��'/f v�I.JA�,CG Tr.����'' H .�{
"^ ( Signatures ;; .• "
., .- Andreas ..
T -
�1
I •
EXHIBIT G
Notice to APPLICANf/tOHM CLUX and Cartifieation at Actio A of Planning Board t
p On Definitive Subdivision Plan entitled$:YI7.LON3 INOOSfRIAL PARA EXTFY ION. a3f• �:
Bys Robert P. Reitan
dated .rime t3 . 19
• e • e s r Revised. Ootober 6w 1980 l
The North Andover Pluming Board has voted to APPROn said plans sahjeet to the
fallowing conditionat
1. That the record owners of the 943601, land forthwith atecuts and record
• "oovensnt.rtaming pith the land•O or otherwisoPsedv�
saastructioq of ways and the installation or. dci security for the b`*
'division, all ss idv dddd biOX- a. S.`BIrH. oerviees within said swb•
. . $• That " tl•T 'f r�'•
all,such ranalruetion and 1asCallatioos shall in all...respect*
conforn'ta the Cover L09 rale• and reaalatiana'Of this Board,
- {
,moii{
J.. Other eanditiaaet (nes astaohed sbret) 1111
dl In the event that no appeal shau have been taken from said approval within i
' twenty days from this date$ the North Andover Planning Bond viii forthwith
thereafter endorse its forwal approval upon said plain.
� rrweewwarweeweewrererrraererrrrrrraerw � .
r•
SWUWAU
TT 12 f3 r�r y.
O
jF�l�/.AV O
ro 00 y
•oc0ra no szettiy RORTR AMM PLAR= BOARD ,
Dates - October 2 1980 r:
• - Yilliiu en»lie. -fu{rmwn � : "�„
e
f,
i BH1591
ij
32' conditions far Willows Zodnrtrial Part ffiatenaim
! October 229 198
Re. 3 BoilarPlat�does ant apply.
4. That no work shall be done !a the soomrity in the omr
foam of a bad or covenant has been day „orded andPlano ars
signed and recorded.
S. That any changes made to the definitive per► by other town agencies
i !
or officials shall be submitted to the Planning Board IT the apPlicant.
6. All •float tronas shall on'io'n to the Tree Warden's speolfioatims.
t 7, That, required ar our saninS mow. Table 2 Summar? of Bimentional
t` RequiremaRim, Footnote 3m Adjacent to residential districts, the required
aids or rear setback shall be 100 feet. The first 50 feet shall remain open
1 and green, be suitably landscaped, unbuilt upon. unpaved and not Patted
iJ g f upon. Said 100 foot setback shall extend from the Property line.
S• All water end sewer improvammb shall be in accordance with the Board d
` t
Public Works leiter dated September 22, 1980.
ds required 1y the Righwgr a"-AWcr's letter dated September 16, 19WI
all road•improvements shall be made in accordance with ihs revised
plan. dated October 6, 1980:
b) A minimum grade of 1% shall M maintained on the entire roadway'
Where drainage is to be discharged, a drainage
augment deeded to the
Tow of Worth Andover shall be requiredl
i A d) Road gravel moat
• be of good quality and free of any stones over 6 laeheaR
j� )
Waiver of 40 foot Paved area.
,n_ ti,� 10. Revised Piens showing the 1,C grade shall be eyhmlStad to the planning Board.
11. A Certificate of Compliance requlrsd from any Order of Conditions issued
by the Conservation Commicmiom shall be required of the applicant price to
{ the final release of any bard or covenant.
?a
7L All work in said subdivision shall be completed no later than 00I*bar iS. 1981,
except the finish coat. Cb.October 159 1981, the Planning 8onrd will set a
` completion date for the finish coat.
Recorded July 19,1982.at 1.6PU #6997
L _
1
�I
K i t
Ji !. .•
1
� i
N• *rof NORrh
' O
Any appeal shat{ be filed s :��0M4 ° r
within (20) days after the a:; "'"`r � C;.OF i ,:;G
,j 1855 �oi'� .��z.. _p✓
date of filing of this Notice 9s.• ``
in the Office of the Town V'•^Y''{
Clerk. TOWN OF NORTH ANDOVER JUL =7 T
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
Date . . . . . �.Y y. .?3., , 19.82. . . . ..
Petition No.:. . 2.4-.1.8 2. . . . . . . . . •
Date of Hearing. . .J 9.1.y. .1?x. .19 8 2
Petition of . . . . .E d w.a r d. .a n.d . fl.a n cy. . C.o.n d•a n/.Ro b.e rt. .a n.d . 14a n i.q u e. .G oz d r.i.c h. . . . . .
Premises affected . . . .L Rt . F.1.a 9.s.iii.p . Rr i Ve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a Y0,&ati6h)fr tm xog(jtrxmeng bfctf + . . r.e v i.ew. o.f. .a
decis.i,on_ _made. by. the. .f u.i.10,ng. .Ins.pecto.r. . a.nd. .enfo.rc.erme.nt. .act.i.0n. .in-.
w xsx toxpuuzakx .c l.0 d i.n g—r e v o c a.t i o.n . o.f. . b.0 i l.d i n.g . p.e r mi.t.,. A en i a.l. . and/or. .
re.voc.ation. .of. .Cer.tif.i.ca.te. .f.or. .Use . and. .Occupancy. .an.d . the •remova•l. , . .
alteration or relocation of a building
After a public hearing given on the above date, the Board of Appeals voted to . . . D.E ti Y. . . . the
re q u'e s t . . . . . . . . . . . ... . . . . . . . . . "OX
PeMsXtxV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
faTz�l��:g�trxo�i�xSx9lxtl�ecglucivexvo�K�'axedxupoxik)xecfaoDloas�agcaansli}tionsc
Signed
Frank Serio , Jr . , Chairman
Alfred E . Frizelle , Esq , , Vice Chairma
. . . . . . . . . . . . . . . . .
Richard J . Tre. anier , Es Clerk
William J . Sullivan
Augustine 4l. Ni ck.ers.on. . . . . . .
Board of Appeals
EXHIBIT
,GMT"
RECFIVFD
DANIEL L0 NG ► : -
Nofnq
,aSACN�S��
JUL 26 I �s PM '87
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
July 23 , 1982
Edward Condon/
Robert Goodrich
Lot W F1aQship Drive
Petition No . 24- ' 82
Mr. Daniel Lono , Town Clerk
Town Office Buildino
North Andover, Mass . 01845
Dear Mr . Long :
The Board of Appeals held a public hearing on Monday evening ,
July 12 , 1982 upon the application of Edward and Nancy Condon
and Robert and Monique Goodrich .- The hearing was advertised
in the North Andover Citizen on June 10 and 17 , 1982 , and all
abutters were notified by regular mail . The following members
were present and voting : Frank Serio , Jr . , Chairman ; Alfred E .
Frizelle , Esq . , Vice Chairman ; Richard J . Trepanier, Esq . ,
Clerk; William J . Sullivan ; and Augustine W . Nickerson .
The petitioners requested that, the Board of Appeals review a
decision of the Building Inspector and enforcement action ,
in•cludina revocation of a building permit, denial and/or
revocation of a Certificate of Use and Occupancy , and the
removal , alteration , or relocation of a building which is in
violation of the Zoning By Law on premises located at Flagship
Drive and known as Lot w , Flagship Drive .
Property of the petitioners abut Lot W , known as the Marion
Driveropert .
P Y
The petitioners were represented by Attorney Andrew Caffrey
of the law firm of Ford , Caffrey , and Grasso , Lawrence, Mass .
Evidence was introduced by the petitioners showing that the
buildinq in question , constructed by Advance Reproduction
Corporation (ARC) , . is situated on Lot W . Flagship Drive , and
is located 60 feet from the ARC property line abutting the
UNIEL LD�1G
Condon/Goodrich TOitl•: :'L-i
Lot W F1aoship Drive NO;mi '-4'YOVER
July 23 , 1982 JULZ6
Page 2 8 82
petitioners ' property .
The petitioners contend that the building should be located
100 feet from the petitioners ' property line to meet the set
back requirement of the Zoning By Law .
Lot W , Flagship Drive , is located in art I -1 zone. The peti -
tioners ' property (except for a portion thereof) is , located
in an R-2 zone .
The applicable section of the Zoning By Law is :Table 2., Summary
of Requirements , Footnote 3 :
"Adjacent to residential districts ( including those in
bordering towns ) , an additional 50 foot side or rear
set back shall be required. This additional set back
area shall be maintained open and green , be suitably
landscaped, unbuilt upon , unpaved , and unparked upon "
The petitioners further contend that when the subdivision con-
taining Lot W Flagship Drive was approved , the Planning Board
specifically required that there be a 100 foot ( 50 foot rear
setback plus an additional 50 foot per Table 2 , Footnote 3)
set back in the rear. The Planning Board , in its decision
of October 6 , 1980 , referred to said set back in condition
number 7_which stated :
"That as required by our Zoning By Law , Table 2 , Summary
of Dimentional Requirements , Footnote 3 , Adjacent to
residential districts , the required side or rear set
back shall be 100 feet . The first 50 feet shall remain
open and green , be suitably landscaped , unbuilt upon ,
unpaved , and not parked upon . Said 100 foot set back
shall extend from the property line"
Condition Number 7 of the Planning Board was not endorsed on
the approvad plan recorded at the Registry of Deeds .
The Building Inspector issued the building permit , according
to his testimony , allowing construction of the building on
Lot W. , Flagship Drive , to be 60 feet from the property line
of ARC . The zoning district line is located , according to
the decision of the Building Inspector , some 40 feet from the
ARC property line on the property of the petitioners . The
Building Inspector ' sis determination of the zoning district line
was made based upon the Zoning Map , made a part of the Zoning
By Law, which shows the R72 , I71 line to be 300 feet from the
center of Marion Drive , which places the district line approxi -
mately 40 feet from the ARC property line on the petitioners
property. The Building Inspector determined that since the
I
REL^EiVED
Condon/Goodrich
r�,: h is ��r
Lot W Flagship Drive h0';
July 23 , 1982
Page 3 JUL 26 ! 98 PY, V
ARC property is not adjacent to the R-2 residential district ,
that Table 2 , Footnote 3 is not applicable and issued the
building permit , which is the subject of review.
The petitioners ' counsel -contends that the correct interpre-
tation of Table 2 , Footnote 3 read in conjunction with the
Planning Board ' s October 6 , 1980 condition , should be that
the 100 foot set back ( 50 feet plus 50 feet) should run -from
the ARC property line. ( It should be noted that , coincidentally ,
the plans presented to the Board of Appeals show that the
building is set back 100 feet from the zoning district line
running through the petitioners ' property) .
Upon a motion made by Mr. Frizelle and seconded by Mr . Serio ,
the Board voted unanimously to deny the request of the peti -
tioners to revoke the building permit , to revoke or deny the
Certificate of Use and Occupancy ; and , the removal , alteration ,
or relocation of the building on the premises known as Lot W ,
Flagship Drive .
The Board finds that the Building Inspector 's determination of
the location of the zoning district line and his interpretation
of Table 2 , Footnote 3 was correct .
The crux of the issue presented is the location of the zoning
district line of the R-2 and I -1 zone .
Section 3. 2 , Zoning Map of the Zoning By Law makes the Zoning
Map a part .of the Zoning By Law. The Zoning Map shows the
location of the I-1 , R-2 zone to be 300 feet from the center
line of Marion Drive . The Zoning Map does not make reference
to property lines of owners of the land.
Section 3 . 3 of the Zoning By Law , District Boundaries , provides
tha,t the Building Inspector shall determine the location of
such boundaries when uncertainty exists .
The Board finds that the Building Inspector relied upon the
Zoning Map and the subdivision plans certified by a registered
civil engineer, which shows the zoning district line to be
some 40 feet on the petitioners ' property .
.
Since the Lot w, Flagship Drive property is not adjacent (Web-
ster ' s Seventh New Collegiate Dictionary defines adjacent as
having a common border . -ABUTTING" ) Table 2 , Footnote 3 is not
applicable .
Rt-t !G
Condon Goodrich Ofh� �
Lot W Fl agshi p Drive NOR-"1 4 J' f`KR
July 23 , 1982
Page 4 JUL Z6 � 38
,oard further ,'f_inds that the'.P.lanning Bo a.r'd speci.fical'ly
'referred to the provisions of Table 2 , Footnote 3 of the Zoning
By Law in its October 6, '1980 decision and that such condition
number. 7_ was not endorsed on the recorded plan ;_ and , therefore ,
't;he `pr'o_vis on s.tat_ing "Sai .d 100 foot. set back shall extend from
P.
;the .property,- iRe , is 'not ,enforce_ab.le .:
='The Board .o.f .Appea-Ts rejects .the:. contention of the petiti_oner.s
,that the `Zoning By Law should' be read in'`conjunction with th'e
` Fl anni ng 'Boa`rd ' s 'condition .'n'umbe`r 7 .: S-i nce the Planning Board
c
did not include , ondi.tion number 7 on the plan , the clear
' 'language of the 'Zoning By Law prevails`.
The Board finds that the building located on Lot W, Flagship
Drivels in conformance with the Zoning By Law ,
Sincerely ,
BOARD OF APPEALS
Frank Serio , Jr . ,
Chairman
AEF/jw