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Home My WebLink AboutABC BUS CO Received by Town Clerk : R k; iVcO FORM A DA'W- LONG TCTH :�JOYER ` "C`tK NORTH APPLICATION FOR ENDORSEMENT OF PLAN � BELIEVED NOT TO REQUIRE APPROVAL JuN 9 3 37 PM June 9 19 86 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 appro� is not required for the following reasons : I. 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 by the North Andover Zoning By Law and is on a public:,vay namely , Turnpike Street ; or a private way , namely , . being land bounded as follows : a Northerly by the John Hancock Mutual Life Ins . Company property, Southerly by the Boston Ski Hill Area, Inc property, Westerly by the Trustees of the Reservation property and Easterly by Turnpike Street, Route 114 _ 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : It is in accordance with the Town of North Andover Zoning By Laws. 3. Title reference North Essex Deeds , Book 1312 Page 19 ; 01 -- - Certificate of Title No . Registration Book ; Page Applicant ' s Signature : Owner ' s signature and address if no v. the applicant : John Calla ha Applicant ' s Address : 66 No Main St. Andov RC R„G r.,,,, auy 1p6 Aid 10 fi 8 Adrian Street North Andover, MA 01845 Received by Town Clerk : • Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . 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 Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the Subdivision Control Law. Very truly yours , NORTH ANDOVER PLANNING BOARD By = 7 .. �' • F Date : I Received by Town Clerk : REIYE'L FORM A D,4u' i _�' 'G NORl ' ;.ri,APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL .JUN Z 10 46 AM %86 j May 30, To the Planning Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests determination by said Board that approval by it under the Subdivisi, Control Law is not required. The undersigned believes that such app 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 frontal . required by the North Andover Zoning By Law and is on a public ' way namely , Turnpike Street , or a private way , namely , being land bounded as follows : Northerly by the John Hancock Mutual Life Insurance Company property. Southerly by the Boston Ski Hill Axea, Inc property, — Westerly by the Trustees of the Reservation property and Easterly by Turnpike Street, Route 114. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : It is in accordance with the Town of North Andover Zoning-By-Laws. _ or3. Title reference North Essex Deeds , Book 1312 ; Page 19 , - •, - Certificate of Title No . Registration Book ; Page Applicant ' s Signature : Owner ' s signature and address if not the applicant: *Engineer: John' Callahan Associates Applicant ' s Address : 166 North Main St. , Andover, MA ABC Bus .Company, Inc: 8 Adrian Street North Andover, MA 01845 Rec,eited by Town Clerk : FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL July 29 , 1986 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 by the North Andover Zoning By Law and is on a public way , namely , Turnpike Street , or a private way, namely , , being land bounded as follows : Northerly by John Hancock Mutual Life Ins. , southerly by Boston Ski Hill Area, Inc. , westerly by the Trustees of the Reservation vroperty easterly by Turnpike St- , Rr LL4 **THE APPLICATION IS SUBMITTED IN REQUEST FOR A LOT LINE CHANGE TO AN APPROVED FORM A PLAN , endorsed by the Planning Board June 6, 1986. 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : It is in accordance with the Town of North Andover Zoning Rv Laws__ 3. Title reference North Essex Deeds , Book LUZ_, Page 19 or Certificate of Title No . Registration Book ; Page Applicant ' s Signature : Owner ' s sjan atu e d less f�not the appli*En ineer: o Calla n Associates- Applicant ' s ssociates � nt s Address : ArNI ca 'V16 No ABC Bus Company, Inc. Andover, MA 01810 8 Adrian St. , North Andover, MA 01845 Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on f` accompanying plan : 'i I . 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 And er P1 nning Board has det fined that said plan shows a s division as defined b , . L . c . 1 , s . 8 nd must erefore be -submit to it for ap under the I` Su ivision Control Very truly yours , NORTH ANDOVER PLANN NG BOA! By : . Date 5 i FITZGIBBONS, SLIPP & HOMSEY CL ATTORNEYS AT LAW !� , 316 ESSEX STREET ! JOSEPH f ITZGIBBONS LAWRENCE,MASSACHUSETTS 01840 LOj 1 TELEPHONE PETER T,S.1PP f61716a1.0666 KENNETH M.HOM5EY September 3, 1985 Town of North Andover DANIEL LONG, TOWN CLERK 120 Main Street North Andover, MA 01845 RE: ABC BUS COMPANY INC. , VS, BOARD OF APPEALS & APPLICANT JOHN W. CASEY, SR. Dear Mr. Long: Pleae be advised that the decision of the' Board of Appeals dated August 15, 1985 regarding the application of John W. Casey, Sr. has been appealed to the Trial Court, District Court Department, Lawrence Division as Civil Action No. I' F51- 1 '5 Ver ly yours, JF/mjj COMMONWEALTH OF MASSACHUSETTS ESSEX, SS DISTRICT COURT LAWRENCE TRIAL COURT CIVIL ACTION NO. ABC BUS COMPANY, INC. Plaintiff VS. * COMPLAINT * FRANK SERIO, JR. , ALFRED E. FRIZELLE, AGUSTINE W. NICKERSON, WILLIAM J. SULLIVAN* RAYMOND A. VIVENZIO, WALTER SOULE AND JOHN SIMONS, as they* are members of the NORTH ANDOVER BOARD OF APPEALS, and JOHN W. CASEY, SR. as he is applicant before the North Andover Board of Appeals Defendants JURISDICTION 1. This action is bought pursuant to Massachusetts General Laws Chapter 40A, Section 17, to appeal from the decision of the North Andover Board of Appeals sitting in review of a decision of the North Andover Building Inspector pursuant to Massachusetts General iLaws Chapter 40A, Section 8, P.TI ES 2. The Plaintiff, '' ABC Bus Company, Inc. of 8 Adrian Street, North Andover, MA, is a Massachusetts corporation with its usual place of business at said address. 3. The Defendant, Frank Serio, Jr. , is an adult individual residing at 256 Hillside Road, North Andover, MA and is a member of the North Andover Board of Appeals. 4. The Defendant, Alfred Frizelle is an adult individal residing at 131 Appleton Street, North Andover, MA and is a member of the North Andover Board of Appeals. 5. The Defendant, Augustine W. Nickerson is an adult individual residing at 160 Moody Street. North Andover, MA and is a member of the North Andover Board of Appeals. 6. The Defendant, William J. Sullivan is an adult individual residing at 405 Salem Street, North Andover, MA and is a member of the North Andover Board of Appeals 7 . The Defendant, Raymond A. Vivenzio is an adult individual residing at 11 Appledore Lane, North Andover, MA and is a member of the North Andover Board of Appeals. 8, The Defendant, Walter Soule is an adult individual residing at 70 Raleigh Tavern Lane, North Andover, MA and is a member of the North Andover Board of Appeals. 9 . The Defendant, John Simons is an adult individual residing at 74 Rock Road, North Andover, .MA and is a member of the North Andover Board of Appeals. 16. There is presently at the time of filing this Complaint, one vacancy .as an associate member to the North Andover ' Board of Appeals. 11. The Defendant, John W. Casey, Sr. , is an adult individual residing at 84 Innis Street, North Andover, MA and an applicant befor the North Andover Board of Appeals resulting in the decision which is herein appealed. ALLEGATIONS 12. The Plaintiffs, ABC Bus Company, Inc. , is a Massachusetts corporation with its usual place of business at 8 Adrian' Street, North Andover, MA, hereinafter referred to as the "subject premises", and is engaged in the business of owning, operating and maintainingschool buses. 13. The Plaintiffs, or its predecessors in business, have occupied the subject premises since 1971 for the purposes of owning, maintaining and operating a fleet of {school buses providing school transportation to several area communities. 14. The subject premises have been used uninterrupted since 1946 for retail and wholesale business purposes. 15. The premises are licensed for the purposes of storing gasoline for the school bus needs by the North Andover Board of Selectmen. 16. The Plaintiffs on May 21, 1985 were notified by the North Andover Building Inspector, . Charles H. Foster, that a zoning violation existed and that all buses must be removed from the subject premises by September 1, 1985. (See 'the letter of the Building Inspector dated May 21, 1985, appended hereto as Exhibit A) . 17. The Defendant, John W. Casey, applied to the North Andover Board of Appeals requesting a review of the decision of the North Andover Building Inspector. (See application appended hereto and marked as Exhibit B) . 18. The Board of Appeals, pursuant to the application, held a Public Hearing on . August 12, 1985 at which time the Board of Appeals reviewed the decision of the Building Inspector regarding the operation of the ABC Bus Company, Inc. at the subject premises. r 19. The Board of Appeals entered a decision dated August 15, 1985, that the ABC Bus Company, Inc. occupied the subject premises in violation of the zoning ordinances and upheld the decision of the Building Inspector dated May 21, 1985 ordering the Plaintiffs to vacate the premises. (See the decision of the Board of Appeals dated August 15, 1985 and appended hereto as Exhibit C) .` 20. The decision of the North Andover Board of Appeals and its Building Inspector exceeds its authority as A. The Plaintiff occupies the premises under legally existing rights as a non conforming use. B. The Town of North Andover by its granting of licenses for the occupation of the premises is estopped from ordering the Plaintiffs to vacate the premises. C. The Town of North Andover is estopped from enforcing any zoning violation, if any, by the statute of limitations. D. The applicant and the Town of North Andover failed to produce sufficient evidence to the North Andover Board of Appeals that a zoning violation existed. E. The Defendant Board acted arbitrarily and capriciously in upholding the decision of the Building Inspector. j WHEREFORE the Plaintiffs demand: 1. The decision of the Board of Appeals be anulled. 2. The Court - order that the decision of the North Andover i Building Inspector to vacate the premises be anulled. t 3 . That the matter be remanded to the North Andover Board of Appeals for further findings not inconsistent with the orders' of the Court. " 4. For such further relief as the Honorable Court deems just and appropriate. ABC B COMPANY, INC. j { ' RAFF A BALSAMOr PRESIDENT 8 Adrian Street ' North Andover, MA 01845 ' i ABC BUS COMPANY, INC: by its attorney, J P FI ONS 6 Ess reet Lawrence, MA 0 .840 (617) 681-0666 3 i j ' NORTH ANDOVER BUII.DING DEPARTMENT ,,DINT,, �y 120 MAIN STREET l.+o•[`.. ..., °i NORTH ANDOVER, MA 01845 INSPECTOR OF 33UMDFNGB 9z.. $$8-8102 ` ELECTRICAL INSPECTOR- GAS INSrsCTOR { r. May 21, 1955 s A.B.C. Bus Company Inc. Adrian Street North Andover, Ma. 01645 Gentlemen: You were previously notified by me that your bus company which is located on Adrian Street, constituted;aZoning violation. - Said violation must be corrected by removing all busses by September 1, 1985. After this date no busses may be stored, garaged or parked on your property, located on Adrian and Innis Street. Ver; truly yours, Chaltes H. Foster- INSE 3CTOR OF BUILDINGS and Z.ON] QG OFFICER C.H.F. `M.D. enclose; copy to: Town 'Counsel John IL.Casey , A.B.C. Bus i :.� ---••JftCeirved by Town C1e4K= 'J T . RECEIYED .�6. DANIEL LONG TOWN CLERK TOT V OF MSH WER.�MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR REIIEF FROM THE REQUIREMENTS OF THE ZONING gORDINoANCE ApplicantJdh, tom, So _0>C-. Address !R'V— 1 Application is hereby ma a) For a variance from the requirements of Section Paragraph and Table of the Zoning By Laws . b) For a Special Permit under Section Paragraph of the Zoning By Laws . - Q As a Party Aggrieved, for review of a decision made by the Building Insgictor or other authority, 2, a) Premises aff'c �ted 'are land and building(s) numbered : ` Street: b) Premises affected are property with frontage on the North ( ) South ( ) East ( ) West w,. „—� , Street . Street, and kr own as; No. ��,� �v�F,�=:"�-rr� >� C) - Premises affected are in Zoning District , and the premises affected have _3n area of square feet�and, frontage of feet . 3., ownership `a) Name and address of owner ( if joint ownership, give all names ): Date of Purchase Previous Owner b) If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lesee Other (exp,lai'n) 4. Size of proposed building: front; feet deep; Height stm 'ies: feet . a) Approximate date of erection: b) Occupancy or use of each floor c) Type of cons tr action: _QD h �Yl1cn�1� �Od 5. Size of existing tiilding feet front; feet deep; Height stor '.es; feet. a ) Approximate date of erection: b) Occupancy or use of each floor: c ) Type of construction: • oQ � _ i. Has there been a previous appeal, under zoning, on these premises? X-%p If so, when? en . le A'! - A True Copy 7101" L �3 ,f 7. Description of relief sought on this petition_ Jwl 8. Deed recorded in the Registry of Deeds in Boo' Land Court Certificate No: _Book Page __ Page__ The principal points upon which — — I base my application areas follows; (must be stated in detail ) Vis_!—;, ✓.Q�y i� p,�, Ji� .�.1�_Q 1 �Aii..�� is Lo Xzoa eo .6e/c/VZ2 .G/6/ I agree to pay the fi�i '19 fee, advertisi�tf`~Ua!6e i9/fo "�2e �Ps� e�,r.Tr expenses* g n newspaper , and incidental✓ . gnature of Peti nerTiTT' --- Every application for ction by the Bo d shall be made on a form approved by the Board. These foj ,rs shall be furnished by the Clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to .eek 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 includethepetitioner, abutters, owners of land directly Opposite .on any public or private streE:t or way, and ' abutters to the- abutters within three hundred feet (300' ) of the property line of . the Petitioner. as they appear on the most 'recent applicable tax list, notwithstanding that the land of any such owner is located in another city, or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and all costs i_cvolved in bringing the petition_ before the Board. Such costs shall incl:,de mailing and publication, but are not necessarily limited to these. Every application shalt 5e submitted with a plan of land approved by the ' Board. No petition will be brought before the Board unless said has been submitted. Copies of the Board' s requirements regarding plans are ' attached hereto or are c ,lailable from the Board of Appeals upon request . LIST OF PARTIES IN INTEREST � r J Name Address�� a 761 f (use dditlona]�• sheets if necessary) •-- y RECEIVED DANIEL LOVIG "°"'" ° Any appeal shall be filed TOWN CLERK �t �':" within (20) days after the NORTH AoOVER t . date of king of this Notice AUG 49 7n the Office of the Town sACN{14EA Cler)L — A TOWN OF NORTH ANDOVER MASSACHUSETTSX�� G BOARD OF APPEALS August 159 1985 John W. `Casey, Sr. Mr. Daniel Long, Town Clerk 84 Innis Street Town Office Building Petition X46-85 North Andover, MA 01845` Dear Mr. Long: The Board of Appeals held a public hearing on Monday evening, August 12, 1985 upon the application of John W. Casey, Sr. 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, Esq., Vice Chairman; Augustine W. Nickerson, Clerk; .William J. Sullivan and Raymond A. Vivenzio. The petitioner seeks as an aggrieved party, a review of a decision made by the Building Inspector or other authority on May 21, 1985, and would like the July 1, 1985 deadline upheld, R-3 zoning. Mr. Casey requested a review of a decision made by the Building Inspector regarding the operation of the ABC Bus Company of 8 Adrian Street. Mr. Casey questioned the creditability of ABC regarding the 9/1/85 deadline. No representative of ABC Bus Company at public hearing. Motion made by Mr. Frizeile, seconded by Mr. Nickerson that based on evidence presented there was a zoning violation of ABC. Desision of Building Inspector, dated May 21, 1985, was proper and Board upholds decision of Building.Inspector. Four board members in favor, one opposed, Mr. Vivenzio. ` Sincerely, BOAS OF APPEALS Frank Serio, Jr. Chairman awt AT,i.... A True Copp d� Town CIO& ,....- ,tc; ,`• RECEIVED DANIEL LONGp . "nY aPPeal s' ^'I be filed TOWN CLERK � r NORTH ANDOVER . lass WAhin (20) ,` ^• the *iU6," date � of filing t j�oticei Auc 16 849 AN 85 TOWN OF NORTH ANDOVER in the Office of the Taws► MASSACHUSETTS Clerk. .++- BOARD OF APPEALS NOTICE OF DECISION Date . August. 15,. .1985 . . . Petition No.. #46-85 AM94q 12 1985 Date of Hearing. . . .g. . . . . . ... . . . . . ." f Petition of _ John.F?. Ca sex, Sr.. . . . . . . ... . . . ... . . . ." . Premises affected ., . ,ABC Bu$,Co,.,, 8 Adrian_Street . . . . . Referring to the above petition for a variation from the requirements ofeDecision made by Building Inspector on May 21, 1985 reviewed and would like, the July 1, 1985 deadline .uBbeld.,. .K-3.xoaing. . . . . . . rtopermit. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ..r• • After a public hearing given on the above date, the Board of Appeals voted to DENY . . . . . . : the Party aggrived 'petitian a h b tb the n ding-Inepeeteg to iesue a et-teDecision of Building Iaspectar dated May. 2I, 1985 was proper and Board upholds decision of Building Inspector. fer khe eamlo—setion of the above WSAF, based Ups-. f-11 Wing ions. Signed-.,, i ned g `rank Serio Jr. Chairman , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alfred E. Frizelle, Esq. , Vice Chr. r' . . . 4ugustine W. Nickerson, Clerk William J. Sullivan Raymond A. Vivenzio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals Receive] by Town Clerk : RtcEIVED DANIEL LONA FORM A NO OW ICLE�Ryy RP1IC,ATION FOR ENDORSEMENT OF PLAN i „LVED NOT TO REQUIRE APPROVAL February 1 19 85 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 by thp. North Andover Zoning By Law and is on a public way , namely , urnpike Street, Rte. 114 , or a private way , namely , , being land bounded follows : Northerly by the John Hancock Mutual Life Insurance Co prODP___� rte;_.__ Southerly by the Boston Ski_ _ H; 11 Area Tn(. pr-a Prty, - - Westerly by the Trustees of the Reservation pro}-er y and Easterly by Turnpike Street .- Rouse 114 — 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : It is in accordance with the Town of North Andover Zoning=By-Laws _ 3. Title reference North Essex Deeds , Book 1312 Page 19 or Certificate of Title No . , Registration Book Page Applicant ' s Signature : Owner ' s signature and address if not the applicant : i *Engineer: John Callahan Associates Applicant ' s Address : 166 North Main Street _ ABC Bus Company, Inc. , An eiryup-3z; MA '� 8 Adrian Street North Andover, MA 01845 Oversized Maps on file with the Town